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Home My WebLink About03/08/17 CC AGENDA PACKETCouncil Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Martha Johnson, Compassion Christian Center. 3. PLEDGE OF ALLEGIANCE by Hope Reis, 7th grade student at Norris Middle School. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh to Kern County Scottish Society Chieftain Gary L. Lockhart, declaring March 25, 2017, Kern County Scottish Gathering and Games Day in Bakersfield. b. Presentation of a Proclamation by Mayor Goh to American Red Cross representatives Doug Greener, Jason Townsend and Carolyn Forster, declaring March, 2017, Red Cross Month in Bakersfield. C. Presentation of a Proclamation by Mayor Goh to Jason Cohen, Past Board President from the Boys & Girls Club, declaring March 27-31, 2017, Boys and Girls Club Week in Bakersfield. 5. PUBLIC STATEMENTS a. Written material submitted during the public statements portion of the meeting. 6. WORKSHOPS a. First reading of an ordinance repealing Section 8.32.060(E) of the Bakersfield Municipal Code relating to the Senior Refuse Rebate Program. Staff recommends first reading of the ordinance, which has the effect of terminating the rebate program. 7. APPOINTMENTS Ward 2 a. One appointment to the Planning Commission (Ward 2) to 03108117 CC AGENDA PACKET PG 1 complete a term to expire April 30, 2018. Staff recommends Council determination. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the February 15, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from February 3, 2017 to February 23, 2017, in the amount of $19,059,475.31, Self- Insurance payments, from February 3, 2017 to February 23, 2017, in the amount of $1,338,803.30 totaling, $20,398,278.61. Ordinances: C. First reading of Ordinance amending Chapter 1.40 of the Bakersfield Municipal Code relating to Penalties. d. Adoption of Ordinance amending Chapter 8.16 of the Bakersfield Municipal Code relating to Ice Cream Vendors. (FR 02115117) Ward 7 e. Adoption of an ordinance amending Bakersfield Municipal Code Section 1.12.070 by adding Annexation No. 661 consisting of 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road and Annexation No. 665 consisting of 22.06 acres located along the south side of Taft Highway, generally east of Compagnoni Street to Ward 7. (FR 02115117) Resolutions: f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Ward 1 9. Resolution approving Cultural Resource Designation and for placement on the Bakersfield Register of Historic Places for property known as New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist Church located at 825 California Avenue. Ward(s) 1, 7 h. Resolutions to add the following territories to the Consolidated 03108117 CC AGENDA PACKET PG 2 Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 2-65 (SEC of Ming Avenue & Wible Road) — Ward 7 2. Area 4-163 (1319 1 st Street) — Ward 1 Ward(s) 2, 3, 6 i. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1913 to add Area 1-116 (SEC of Commerce Dr. & Commercial Way) — Ward 2 2. ROI No. 1914 to add Area 2-66 (SEC of Wilson Rd. & S. Real Road) — Ward 6 3. ROI No. 1915 to add Area 3-102 (NEC of Mountain Ridge Dr. & Taft Hwy.) — Ward 6 4. ROI No. 1916 to add Area 4-164 (1920 Golden State Hwy.) — Ward 3 Ward I j. Mount Vernon Green Waste Facility Operations: 1. Resolution determining that landscape spreading of wood chips along freeway embankments cannot be obtained through the usual bidding procedures because of the unavailability of more than one local contractor, and authorizing the Finance Director to dispense with bidding therefore, not to exceed $250,000 for FY 2016/17. 2. Amendment No. 1 to Agreement PW17-021 with J&M Land Restoration, Inc (not to exceed $250,000) for applying City furnished woodchips along the Westside Parkway. 3. Appropriate $250,000 Refuse Fund Balance to the Public Works Department's operating budget within the Refuse Fund. Agreements: Ward 2 k. Reimbursement Agreement with AEG Management Bakersfield, LLC (not to exceed $70,000) for the reimbursement of costs associated with renting the Rabobank Arena for the Christian Congregation of Jehovah's Witnesses conventions. Ward 3 I. Fire Station No. 8 Rehabilitation: 1. Amendment No. 2 to Agreement No. 15-146 with RRM Design Group (increase compensation by $20,000; revised not to exceed $135,700) to 03108117 CC AGENDA PACKET PG 3 provide Construction Support Services for the Fire Station 8 Remodel Project. 2. Appropriate $20,000 in Capital Outlay Fund Balance to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund. M. Amendment No. 2 to Agreement No. 16-126 with Clifford & Brown ($500,000) to provide outside legal services in the matter of Kiaie v. City of Bakersfield. n. Amendment No. 1 to Agreement No. 16-035 with Ferguson Enterprises Inc. (extend term one year) for the continued supply of fire hydrants. 0. Amendment No. 1 to Agreement No. 16-036 with Gilliam & Sons Inc. (extend term one year) for the continued service of earthmoving and hauling. P. Amendment No. 1 to Agreement No. 16-063 with Amber Chemical Inc. ($50,000 and extend term one year) for the continued supply of pool chemicals. Ward 6 q. Change Order No. 1 to Agreement No. 16-141 with Pacific Aquascapes, ($40,184.54; revised not to exceed $336,053.54) for the construction of the State Farm Sports Village Phase III -Lake Improvements Project. Ward(s) 3, 4 r. Rosedale Highway Widening Project (TRIP): 1. Contract Change Order Nos. 100 and 102 to Agreement No. 15-009 with Teichert Construction ($28,422.96; revised not to exceed $19,124,157.71; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $30,000 savings from the PG&E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening Project to fund change orders. Property Acquisition Agreements -TRIP: Ward 2 S. Agreement with Richard Francis and Delores Vera Guiltinan ($240,000) to purchase real property located at 2400 Pine Street for the 24th Street Widening Project. Ward(s) 2, 7 t. Accept bid and approve contract to Courts & Greens, Incorporated, Bakersfield ($139,970) for the construction of Housing and Urban Development funded playground shade structures. Ward 2 U. Accept bid and approve contract with PSC Industrial Outsourcing, LP ($66,400.00; 88.53% federally funded, 03108117 CC AGENDA PACKET PG 4 11.47% local match funded with utility surcharge fees) for demolition of houses along 24th Street: 2401 Spruce Street, 2400 Spruce Street, and 2401 Pine Street. Ward 2 V. Accept bid and approve contract with PSC Industrial Outsourcing, LP ($89,900.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for demolition of houses along 24th Street: 2401 Beech Street, 2400 Beech Street, 2401 Myrtle Street, 2400 Myrtle Street, 2201 24th Street. Miscellaneous: Ward 2 W. Appropriate $15,000 from the Park Improvement Fund Zone 2 for the replacement of the pergola shade fabric at McMurtrey Aquatics Center. X Acceptance of Audit Reports for the 2015-16 Fiscal Year: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2016. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2016. 3. Auditor Communication With Those Charged With Governance (SAS 114 Letter) for fiscal year ended June 30, 2016. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2016. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2016. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2016. 7. Single Audit Report for fiscal year ended June 30, 2016. Y Revised Job specifications: Assistant to the City Manager (89330); Director of Technology Services (89870); Assistant Director of Technology Services (89900); Human Resources Analyst 1 (27010); and Human Resources Analyst 11 (27000). Successor Agency Business: Z. Receive and file Successor Agency payments from February 3, 2017 to February 23, 2017, in the amount of $1,100.00. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 03108117 CC AGENDA PACKET PG 5 10. HEARINGS 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 03108117 CC AGENDA PACKET PG 6 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 2/14/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Kern County Scottish Society Chieftain Gary L. Lockhart, declaring March 25, 2017, Kern County Scottish Gathering and Games Day in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 03108117 CC AGENDA PACKET PG 7 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 2/14/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to American Red Cross representatives Doug Greener, Jason Townsend and Carolyn Forster, declaring March, 2017, Red Cross Month in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 03108117 CC AGENDA PACKET PG 8 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Presentations 4. c. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 2/27/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Jason Cohen, Past Board President from the Boys & Girls Club, declaring March 27-31, 2017, Boys and Girls Club Week in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 03108117 CC AGENDA PACKET PG 9 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 3/15/2017 111-11 V 03 SUBJECT: Written material submitted during the public statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D 'Ravis Cireekirnoire D Ray Scott D I OdS IMe6na Type Correspondence Correspondence Correspondence 03108117 CC AGENDA PACKET PG 10 SO; 4—J I ,F. "---4 mi cu rt W—( 0 u u Ln if) IT"i r,4 t-, 0 ' rn aj 4-t 4-4 cu 1,7 . . aj 0 .c., qJ Ln ^k ul L) 03108117 CC AGENDA PACKET PG 11 mi cu W—( 0 u IT"i 4-1 ' rn 4-t 4-4 rt ft 1,7 . . . .... . . 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C, C', U u o 4-j C U �c U -r-, �n CLa Z u Gad 0 r V 4✓ fr .o u m E3 0310$117 CC AGENDA PACKET PG 12 4-J 4-A LA C W u Tu Iz cu m E3 0310$117 CC AGENDA PACKET PG 12 f Phi L .. . ... . ... WWI V .Fravis Creekmore .Home: (661.)-742-'1.650 Cell: (661)-477-5623 Email: tramis L The public, who buy, acquire, transport, or give away, along with retailers and wholesalers, will pay as sales tax and/or stock tax on the arnount of medical marijuana they buy and/or possess. Tax percentages are to be determined by the City of Bakersfield. 2. Any persons of legal age may not use in public or at./around any school in the City of Bakersfield. The person may use legal medical marijuana on their own property and away from any minors. 3. 'there will be as maxiniurn number of medical marijuana sales licenses in the City of Bakersfield. 4. Maximurn'rHC limitations will be set on each strand of medical marijuana and are not to be exceeded. 5. No driving or operation of heavy equipirient while using medical marijuana. All DUI laws apply. 6. Must have doctor prescribed medical card to purchase ANY medical marijuana. 7. No sales/access to any dispensary to any persons under 21 UNLESS medically prescribed from as doctor. 8. Any tax revenue collected will be for the benefit of local schools and law enforcement. 9. No sales of medical marijuana from 2 A.M. - 7 A. M. 10. Dispensary owner/operator must have all legal documentation that they have the right to own and operate the dispensary. ALL RULES PRESENTED ARE FOR THE SOLE PURPOSE 0F EfNGAN EXAMPLE AND SHOULD BE E VIE ASSESSED, AND DETERMINED 13Y ANAPPOINTED Ar'rORNI-"I'Y. 03108117 CC AGENDA PACKET PG 1 3 a Community Action Partnership of Kell o ca Community Action Partnership Helping People. Changing Livi P of Kern ov*nuvru�^/on^ m Garth Corrigan, Chair 34th State Assembly District Representative Curtis Floyd, Vice Chair Law Offices of Floyd and Horrigan March fL2017 �� o�»�w��]�`r.��`�� . The Hon. VNUicFUve:u Couociinnenuber, Ward 1 Bakersfield City Council Celebrate Local ChaLnpjons in Community Action wi th CAP Dear CouucUnoecnbcrRivera: FmdA- P|aou Secretary 2y,Ul Congressional District Community Action Partnership o[ Kern (�kPK)iy pleased to announce its 2O17 Humanitarian Representative ` ^ Awards Banquet & Fundraiser, scheduled for 6p.nm.Thursday\ May 18at thnDmmbleTrme Warren Peterson, Treasurer by Hilton in Bakersfield. It is an event that celebrates the efforts of outstanding Community Warren Peterson Construction Action Champions who are true partners with its in "Helping People, Changing Lives," Don Bynum This year u/e honor Bakersfield Mayor Karen l{.Gmhuy our Humanitarian o[the Year. Tile 18'11 State Senate District Representative of local comprehensive nnento,inQ nonprofit Carden Pathwayy, Mayor Cob has been at ottbeK/rehonto[pooibvecbznAe[nrcoundesoat',imkhamoi|ieoaudyouLhw/hnbavcrercived James S. Camp noentoriu8' education, gang prevention, job skills training and other services to help them SA, {arnp{ompom* succeed in life. She has also proven herself to be a devoted public servant as a past County Supervisor and, since early this year, ns8akcrsDe|d'xMayor. Jose Gonzalez South Kern County Community Partner *f the Year ix The Kern County Fair, vvhichhas greaUyhelped CAPK Representative to to put dent in hunger locally by engaging the entire community in the "Feed the Need Food Craig Henderson Drive'" allowing the public h'ce admission one day of the Pair in exchange for u donation of The Henderson Group canned food to the CAPK Food Bank. The Kern County Fail- also provides the opportunity for generous philanthropists, such os the muysLerioun''0uyerNo. 4'''to purchase upto hundreds n[ �ike�n80pnU heads of livestock nt auction each year to donate to the CAPK Food Bank to feed the hungry. Kern County Board of SuoonisuoRoy,exmuxive The Volunteers of the Year are Friendship House Community Center Advisory Board Tony Martinez President Jewelle Scales and Board Member Fuchsia Ward, who have dedicated decades of City of Bakersfield Nlayoh cn/nozitnueot to the success of the Friendship House, o true oasis of community service in NhmRcpmsemanv: resource-starved Southeast Bakersfield, through their leadership, volunteering and fundraising. Yolanda Ochuo VV ' ontynuhe|pusceiebratethcsovvooderhu|h000rees'achievenuentsandhecncneo^CmnInuuity last Kern [ovn/y Representative Partner" with us through your sponsorship or attendance at this year's Banquet? Your gift giftvviUho)puynuisehmodsh`rouryouth.bunui|y,Douudalempnwernuootandhon8er'5Ahdng Kath|eenPWUey programs, We have enclosed our 2-sided Sponsorship/Ticket Order Form for your convenience. Kern Uigh School District/ Bakersfield Adult School If you have any questions, please contact Louis Medina, Out' Outreach & Advocacy Manager, at or 661-379-8203. Charlie Rodriguez Greater Bakersfield | Rro�nnmnvc Ana Vigil North Kern County ere Illy T. Tobias nqnrseowke Executive Director Ashley Womack Enclosure Head Start Policy Council Rro,rnmaovr EXECUTIVE DIRECTOR 5O05 Business Park North, Bakersfield, CA 93309 (661) 336-5236 Toll Free (88U)445'009O Fax (66|)]l2-2Z37 Jeremy lTobias | www.capk.org 7CC AGENDA PACKET PG 15 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/24/2017 111-11 N 03 SUBJECT: First reading of an ordinance repealing Section 8.32.060(E) of the Bakersfield Municipal Code relating to the Senior Refuse Rebate Program. STAFF RECOMMENDATION: Staff recommends first reading of the ordinance, which has the effect of terminating the rebate program. BACKGROUND: The Senior Refuse Rebate Program (Rebate) was established by ordinance in 1987, and provides a 50% refund on annual trash fees to qualified seniors who apply and are: 1) 65 years old or older, and 2) own or have owned and occupied a single-family dwelling unit since March 1 of the preceding year. The Rebate was implemented during a time when many communities had rates for certain services that included subsidies to seniors resulting in discounts or refunds on their bills. At that time, the total annual amount of the Rebate was projected to be less than $30,000. Today, the total annual amount of the Rebate is approximately $520,000, which amounts to a refund of about $95 per year for each of the 5,600 Bakersfield seniors currently enrolled in the program. The cost of the Rebate is incorporated into the overall residential refuse rate paid by all residential refuse ratepayers, which is currently $195.72 per year and includes tan, green and blue cart services as well as street sweeping and bulky item pick-up. Over the years, the State has changed how cities and other public entities charge property- related fees, such as refuse, sewer and water fees. Namely, in 1996, the voters of California passed Proposition 218 which became effective July 1, 1997. This tax reform measure amended the California Constitution and established new procedural and substantive requirements for imposing and increasing refuse, sewer, and water fees. Some of the components of Proposition 218 include increased notification and protest requirements, a right to repeal tax increases, and restrictions on the use of fees to the extent that imposed fees may not exceed the cost of providing the service. In particular to refuse fees: 03108117 CC EN PACKET PG 18 • Revenue from the fee cannot exceed the cost of service to the parcel; and • Funds can only be used for the purpose of the fee; and • Fees charged cannot exceed the proportional cost of service to the parcel There is no evidence that seniors over the age of 65 generate less trash than other users of similar sized households. The rebates given to seniors come from the fees that the other users pay. Thus, under Proposition 218 and the case law that has interpreted it, the non-senior refuse ratepayers are being charged more than their fair share for the services, which is not allowed. Since 2006, the City has made incremental efforts to comply with Proposition 218, including the following: • City implemented the Proposition 218 majority protest procedure in imposing its residential and commercial sewer, refuse and water rates. • The Wastewater Division Revenue Program was updated to ensure the proportionality requirements of Proposition 218 were met. • City departments were charged for their respective water, refuse and sewer services in the budget. • City discontinued charging outside city sewer users an outside user fee for sewer service. While case law regarding Proposition 218 continues to evolve and produce more clarity on specific factual scenarios, and none of the cases to date involve exactly our situation of a Charter city which has a rebate subsidy; recent cases involving Proposition 218 have consistently concluded that ratepayers cannot be overcharged in order to provide discounts to other ratepayers for the same service. Along these lines, Staff is unaware of a city in California comparable in size to the City of Bakersfield that mirrors our Rebate. In light of the above, when Staff was reviewing its rates for residential refuse services, the City Attorney's Office opined that it would be in the best legal interest of the City to cancel the rebate program under its current structure. Staff looked into the feasibility of using smaller carts and reducing refuse service to seniors, but switching to small carts was determined to be cost prohibitive and has failed in other cities. In addition, reducing refuse service to seniors would cause health and safety violations and would be impossible to identify abusers as tan cart services occur every week. Bakersfield's refuse rates are among the lowest in the State as shown in the Exhibit A and elimination of the rebate program will likely result in a lower residential rate increase this upcoming fiscal year, despite the rising costs for contract hauling and compliance with recycling regulations. Attachments ATTACHMENTS: Description Type D Bkie Meirno Coveir Meirno D 0ir6naince Ordnance D 0ir6naince Redfined BackU IMateir4� D ExhbUk Refuse Rate SUirvey2016 ExhNt 03108117 CC AGENDA PACKET PG 19 Correspondence irec6ved BackU�p IMa teir4� 03108117 CC AGENDA PACKET PG 20 IiW��Iffijlll! ME 9 -4 J, M111101 RIVI am Elk; ffi� We have <x ved one pihione call from MISTIlynne Meystrik and em,all correspondence from Jeff Jleniiks and Barbara <®w in opposition of the above item, 03108117 CC AGENDA PACKET PG 21 iiin ■ IiW��Iffijlll! ME 9 -4 J, M111101 RIVI am Elk; ffi� We have <x ved one pihione call from MISTIlynne Meystrik and em,all correspondence from Jeff Jleniiks and Barbara <®w in opposition of the above item, 03108117 CC AGENDA PACKET PG 21 flm� r• 0310$117 CC A EN A PACKET FAG 22 Lorraine Reza Subject-. W Senior Rebate From: Jeff jenks [mAftgj��- r 9�--CQIIII Sent-, Monday, March 06, 2017 10:04 AM 'To: Cii—Council Subject: Senior Rebate F would l�ike: to see the senior g�arbagei rebate program continuedi i live at 17 Miner itreet and am a seniior year. T ere are onA 2 of us, and we do not generate that much garbage(tan cart). we onily fill it up to t ei top once a month, and the blue recyling cart every 2 moniths. it would be nice if the program could be continued in one: form or another. Thianksi for your consideration. sincerely, 3eff 3en:ks 03108117 CC AGENDA PACKET PG 23 Lorraine Reza Subjiect: FW: Refuse Rebate Cut ____ ® Original Message-- From: Barbara Leery [mailto barbiewy@att.net] Sent: Monday, March 06,, 2017 11:20 AM To: City_Council Cc: cbedell iT@hbgakkgeErsgfikeld.com Subject: Refuse Rebate Cut Dear Mr. Weir, I understand that the trash Rebate may be illegal. My question relates to your staff 's studies regarding evidence that: 03108117 CC AGENDA PACKET PG 24 ORDINANCE NO. AN ORDINANCE REPEALING SECTION 8.32.060(E) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE SENIOR REFUSE REBATE PROGRAM. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.32.060(E) of the Bakersfield Municipal Code is hereby repealed. Section 8.32.060 now reads as follows: 8.32.060 Billing, collection and payment of charges— Refunds. A. The collection of the charges shall be under the direction, supervision and control of the finance director. B. Collection of charges for single - family dwelling units, duplexes, triplexes, fourplexes and other dwelling units receiving residential service shall be submitted by the finance director to the Kern County auditor - controller and tax collector, and to such other county officers as may be required, for placement of such charges as assessments on the secured roll of the county and he or she shall request that the tax collector each year collect and enforce the assessments in the same manner as ad valorem property taxes. With respect to all other charges (including commercial and multi - residential refuse bin accounts), the finance director may require billings to be paid up to three months in advance; provided, that the first monthly charges shall be prorated. C. The finance director may make refunds of advance payments on the same pro rata basis if requested in writing in affidavit form by the depositor within three months from the date of any termination of an account, otherwise no refund shall be made. Adjustments for any increase or decrease of service shall otherwise be made only on a monthly basis. D. All charges set by the city council for refuse /solid waste /recycling services or otherwise imposed in this chapter are due and payable on the first day of the month and become delinquent after the last day of the month. Interest at the rate of one percent per month shall be added to any delinquency. Should the city resort to court action to collect amounts due, the CAProgram Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \6A957BCF- A090- 400C -AA17- BBF271 D8B911 \Pdfconvert. 7811 .1.8.32.060(E)Senior_Rebate. Repeal. Fnl.Docx -- Page 1 of 2 Pages -- 03108117 CC AGENDA PACKET FCC 25 city shall be entitled also to collect its reasonable costs, including attorneys' fees. SECTION 2. This ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. � HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER By: KAREN GOH, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield CAProgram Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \6A957BCF- A090- 400C -AA17- BBF271 D8B911 \Pdfconvert. 7811 .1.8.32.060(E)Senior_Rebate. Repeal. Fnl.Docx -- Page 2 of 2 Pages -- 03108117 CC AGENDA PACKET FCC 26 CAProgram Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \6A957BCF- A090- 400C -AA17- BBF271 D8B911 \Pdfconvert. 7811 .1.8.32.060(E)Senior_Rebate. Repeal. Fnl.Docx -- Page 3 of 3 Pages -- 03108117 CC A EN A PACKET FAG 27 REDLINED ORDINANCE NO. AN ORDINANCE REPEALING SECTION 8.32.060(E) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE SENIOR REFUSE REBATE PROGRAM. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.32.060(E) of the Bakersfield Municipal Code is hereby repealed. 8.32.060 Billing, collection and payment of charges— Refunds. A. The collection of the charges shall be under the direction, supervision and control of the finance director. B. Collection of charges for single - family dwelling units, duplexes, triplexes, fourplexes and other dwelling units receiving residential service shall be submitted by the finance director to the Kern County auditor - controller and tax collector, and to such other county officers as may be required, for placement of such charges as assessments on the secured roll of the county and he or she shall request that the tax collector each year collect and enforce the assessments in the same manner as ad valorem property taxes. With respect to all other charges (including commercial and multi - residential refuse bin accounts), the finance director may require billings to be paid up to three months in advance; provided, that the first monthly charges shall be prorated. C. The finance director may make refunds of advance payments on the same pro rata basis if requested in writing in affidavit form by the depositor within three months from the date of any termination of an account, otherwise no refund shall be made. Adjustments for any increase or decrease of service shall otherwise be made only on a monthly basis. D. All charges set by the city council for refuse /solid waste /recycling services or otherwise imposed in this chapter are due and payable on the first day of the month and become delinquent after the last day of the month. Interest at the rate of one percent per month shall be added to any delinquency. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs, including attorneys' fees. C: \Program Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \3DA2032A -C19C- 4799 -910A- 18D614DF4B98 \Pdfconvert. 7809 .1.8.32.060(E)Senior_Rebate. Repeal. Rdln. Docx -- Page 1 of 3 Pages -- 03108117 CC AGENDA PACKET FCC 28 REDLINED . — • w 11 I wme SECTION 2. This ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. EHEW C: \Program Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \3DA2032A -C19C- 4799 -910A- 18D614DF4B98 \Pdfconvert. 7809 .1.8.32.060(E)Senior_Rebate. Repeal. Rdln. Docx -- Page 2 of 3 Pages -- 03108117 CC AGENDA PACKET FCC 29 REDLINED HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER KAREN GOH, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield C: \Program Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \3DA2032A -C19C- 4799 -910A- 18D614DF4B98 \Pdfconvert. 7809 .1.8.32.060(E)Senior_Rebate. Repeal. Rdln. Docx -- Page 3 of 3 Pages -- 03108117 CC AGENDA PACKET FCC 3 I Pamela McCarthy Z� City Council Monday, February 2,7, 2017 10:43 AM FW: Refund ----- Oiriginal Message---- Frorn: R.Yon g Lrnailto-travc,1718 l att. fle,,I] Sent: Monday, February 27, 2017 10:09 AM To: City_.CouncH Subject: Refund Dear council members, Please do not delete the refund of $92 from the garbage fee annually. We only have fixed income and the check means a, I ot to us. Than you. Senit from my iPad 1 03108117 CC AGENDA PACKET PG 32 Pamela McCarthx From: City_Co uncil Sent: Monday, February 27, 20�17 138 RM 17 FF"! Subject: FW: Consideration by council to repeal senior refuse, rebgite Fromi: Linda Schuler [tojis ![!� ] Sent�- Monday, February 27, 2017 12:09 PM 'To: Uly.,_�_OUVICII Subject: Consideration by couincil to repea� senior refuse rebate March 8th, 2017, 1 understand that the city council is considcring repealing the senior refuse rebate of approximately $92 per horne. I oppow this repeal. Fhis pro gran"), has, bccn in operation for rnany years, and SelliOrS COL1111 On this. S,eniors produce less garbage for collection than OLH- y'(.W]IgCr households. It does not seem fair to stop this reb,atc for seniors. I arn one who would Inc in,ipaeted il'the rebate is discontinued. I ani confident there are other areas that could be reduced without making 111LICh ofa dift'erence to individuals like the senior population.. Linda Schuler Senior homeowner 03108117 CC AGENDA PACKET PG 33 Pamela McCarthy From: City-Council 1 -1 f7!�7�"" "'I Sent: Monday, February 27, 2017 1:39 PM Subject. FW: Increase in refuse charge for senior communities, ----- Original Message----- From: Etta IRobin [n,iailito:eairob62.,�n?Acbell.fietI Sent: Monday, February 27, 201.7 12:38 PM To: City_Council Subject: Increase in, refuse charge for senior commiunities I have resided in Brighton Parks since 2009. II have been a homeowner in Bakersfielld since 1972. 1 worked for 25 years as a therapist and supervisor for Kern County Mental Health. i have maintained a private practice as a LMFT for 32 years. Living in a community of over the age of 55 years, as l do, and generating much reduced trash than I did in past years, believe that l deserve for you to continue to provide a rebate to citizens in my community. I understand that You are considering revoking this trash irebate to my community. Living on a reduced income today makes this rebate helpful to my budget. Thank you for taking my plea into consideration. Sent from my Wad 03108117 CC AGENDA PACKET PG 34 Pamela McCarthy IMINNNNMWNMxO� From: city-council Sent: Monday, February 27, 20179:27 AM 1, 7 F ''3 7 F, Subject- FW: Senior Refuse Rebate From: Sharon Goldsmith [tn.a-ilto:gold rn.i.thi..,s.ha.rgiL( aJI,.cOr,T,I]I Sent: Monday, February 27, 20179:17 AM To: CO-Coundl Subject: Senior Refuse Rebate Asa responsible senior citizen and resident ot* Bakers fie I d, I Urt!,C :all 13akers I ield City ("OLUIC I I mernbers to retain the senior reluse rebate. Property tax hills arc exceedingly high clue to levies for till services, we use and some that we do not. I believe the Senior Reftise Rebate is sound policy that reflects the redLICed trasli generated by people like me - single women Oil JIXed iIlCOIllCs in their own homes. 111,1ASL retain the rebate, and find more reasonable cost savings I'm,- the City, 'rhank you. Sharon (Joldsmith Ward 4 resident and voter Sharon Goldsmith 12019 Winger St- Bakersfield, CA 9331" 66,1-58,7-4455 03108117 CC AGENDA PACKET PG 35 Pamela McCarthx vmlxoo� From; Sent: Subject: city-Council Monday, February 27, 2017 9:26 AM FW: Senior Refuse Rebate From., flarningo0604 [tnAi: -1tofla — t2gk Ll &9Lr1!] Sent: Monday, February 27, 17 8:44 AM To: City. Council Subject: Senior Refuse Rebate 171 117 D I any writing to urge YOU not to rescind this rebate 6or senior citizens. As senior citizens riiy husband and I do not create the allIOLInt of garbage that a, family with children do in addition to being on, a fixed inconie . Please take this into consideration at Your N4arch niceting. Thank Y'OLI! `r6 'w via Swn,um S'17 "'m A 1 & i 'lk L I L slnat(phon I 03108117 CC AGENDA PACKET PG 36 Pamellal McCairthy From: City._COUncil: " H, F", � 1 17 F �1 7 - " 7 " ' 1, r Sent: Monday, February 27, 2017 10:44 AM , � , 3. 3 Subject: FW: OPPOSITION TO PROPOSED REPEAL OF SENIOR REFV EBATE - - -- Original Message ----- From: John Pryor [MaJ[toJ.phnpE orgrm ED rnail, gmj Sent: Monday, February 27, 2017 10:17 AM To: City_Council Subject: OPPOSITION TO PROPOSED REPEAL OF SEMOR REFUSE REBATE The rational for this ordinance in 1,987 when it wa:s originally adopted is every bit as valid (and appreciated) today as it was then. My wife's a nd my experience is anecdotal but clearly typical of our generation. For example: We put out our blue barrel only once every FOUR weeks,...- not every TWO weeks as is typical for a younger family with kids still at home. * We rarely, if ever, take Our green barrel curbside .... at all We pay our gardeners to remove all cuttings, trirnmings, etc, our brown barrel is rarely more than 1/3 full each week -- and could easily be alternated to a two-week pick up. Perhaps a compromise position can be a shift in "Active Adult" communities from pick-up weekly to bi-weekly. Il oa in so would lower the City's operating cost for this service and even more clearly justify the rebate,. In any event, loss of this long-standing rebate is strongly opposed by us, and by most, if not all, of our over-55 neighbors in, our gated COMM unity within city limits. Please do NOT repeal this rebate ordinance, Thanks ... John Pryor, CPCU, ARM Msk Management Consultant 304 Bravado Lane 93312 588-1100 I 03108117 CC AGENDA PACKET PG 37 Pamela i McCarthy From: City-,,Council Sent: Tuesday, February 28, 2017 9:1.4 AM 17 F7'" To: Boninie, Lyday Subject: RE: Senior refund on garbage tax The thought of losing the Senior Rebate program is troubling to many. However-, the City Attorney is recommending that the program be cancelled becaiuse, of changes to California law and we have an obligation: to our community to make sure we apply fees in a legal manner. I look forward to the discussion, and comments frorn the public on March 8th and if you have further questions, please contact the City Attorney's Office. ----- Orjginall Message-.... From: Bonnie Lyday Sent: Tuesday, Febiruary 28, 2017 9:02 AM To: City_Council Subject: Senior refund on garbage tax I am a resident of Brighton Park and only put my recycle can out monthly. I also rarely put the garbage can out weekly as I don't have that much garbage. l never use the green can as my gardeners, take the green waste. There are very few things that seniors get a break on even though, most of us, have paid thousands of dollars in taxes oveir the years. I think you should reconsider this issue, Thank you, Bonnie Lyday Sent from my Whone 03108117 CC AGENDA PACKET PG 38 Pame;lai, McCarthy From City-CouncH Sent: Tuesday, February 28, 2017 10:15 AM To: Virginiia "Ginny" Gennaro Cc; Parnela McCarthy Subject: FW: OPROSITIONTO PROPOSED REPEAL OF SENIOR REFUSE REBATE Frorn- John Pryor [illafto.iohinpryor rrn@gMg!iLcoi Sent: Tuesday, February 28, 2017 9i581 AM To: City-Council Subject: Re: OPPOSITION TO PROPOSED REPEAL OF SENIOR REFUSE REBATE A la Thanks in for your helpful response. And thanks for Your use of the pronoun "I" in the text of your response ®® however, your email didn't include your name. , Can you tell me who you are? Thai ... J I lohn Pryor. CPCU, ARM, AAI, AIS Risk Management Consultant •6 88 110O I flw,b�akcrsl i1eldeit V, US> WrOW: On Mon, Feb 27, 2017 at 8,14 I'M, City, Council -,'.City COU116 .. . ... . . . . ..... .... .......... ............ . .... . . . . ... . .. . . The thOUght of losing the Senior Rebate 1'rograrn is troubling to nanny. I Iowcver, the City Attorney is recommending that the program be cancelled because ol"clianges to ('alilornia law and we have an obligation to our cornmunitytai make surc we apply fees, in as legal manner. I look forward to the diSCUSSIon and coninlents from the public on March 8th arid ifyOU have further questions, please contact the City Attorney's 0frice. ----- Original Message ----- I'll com Frorn- John Ilryor I mai Ito J (Ill Sent: Monday, F"ebruary 27, 2017 UH 7 AM To: City Gouncil Subject: (PPOSITTONTO I)R0I10SFl) RHI)HAL OF Sf,,N](..)R RITT)SE RkIBA"I'l-11, T'he rational for this ordinance in 1987 when it was ol,igirially adopted is every bit as valid (and appreciated) today as it was then. My wife's and my experience is 'anecdotal bUt clearly typical ofour l,eneration. For exarnple: We put out our blue barrel only once every F"'OUR weeks -- not cveryTW(..) weeks as is typical for as younger fiarnily witfi, kids still at honle. * We rarely, if ever, take Our green barrel eurbside -- at all! We pay our gardeners to remove all cuttings, 0 03108117 CC AGENDA PACKET PG 39 trinitnings, etc. Our brown barrel is rarely Ynore than 1/3 full each week -- and Could easily be alternated to a two-week pick up. Perhaps a comproriiiseposition can be a shift in "Active Adult" C01111111.1nitieS 1'1'0111 pick-Lip weekly to, bi- weekly. Doing so would lower the ( - I ity's operating cost 6or this set-vice and even more clearlyjLlSffl`y the rebate. In any event, loss of this, long-standing rebate is strongly opposed by LIS and by 1110SI, ifnOt LIH, OfOUr over-55 neighbors in our gated C0111111Unity within city limits. Please do NOT repeal this rebate ordinance. Thanks, . John Pryor, (TO.J. ARM Risk Management ("OnSLI111111t 304 Bravado Lane 93312 03108117 CC A GEN PACKET PG 4 0 Pamela McCarthy From: City.,CouncH Sent: Tuesday, February 28, 201.7 1006 AM To: Pamela McCarthy Subject: FW: Senior Refuse Rebate (From: Sharon Goldsmith [r1rdo ' .jilt ; ' Sent: Tuesday, February 28, 2017 8:45 AVI To: City_ Council;, John Subject: Re: Senior Refuse Rebate n r I IF the Council eliminates the rebate, SENIORS will be subsidizing other users. If revenues need to be increased, man-up and increase the rates. I)o not penalize seniors who do not use these set-vices equally vv'ith larger households. On Mon, Feb 27, 2017 at 8:14 PM, C. C"'ouncil wrotc: — _ . ............ The thought of losing the Senior Rebate Program Is troubling to rnany. However, the City Attorney is recommending that the program be cancelled because of changes to California law and we have an obligation to our community to make sure we apply fees in a legal, manner. I look forward to the discussion and comments frorn the public on March 811", and If you have further questions, please contact the City Attorney's Office. 1 M, r nd ay, February 27, 2017 9:17 AM To: C�ity—Council Subject: Senior Refuse Rebate As a responsible senior citizen and resident of Bakersfield, I Urge all Bakersfield ("ity ('-',ouncil members to retain the senior refuse rebate. Property tax bills are exceedingly high due to levies for all services we use and some that we do not. I believe the ScIli()1- lZCFUSe JW)WC is sound policy that reflects, the redUCCd trash generated by, people like me - single wonien living on fixed incomes in their own homes. 11L'F,ASF" retain the rebate, and find more reasonable cost savings lor the City. Thank you. Sharon ( joldsinith Ward 4 resident and voter 03108117 CC AGENDA PACKET PG 41 Sharon (Ioldsimith 12019 Winger St., Bakersfield, CA 93312 661-587-4455 Sharon (ioldsmith IN) 19 Winger St., Bakersfield, CA 93 312 661-587-4455, 03108117 CC AGENDA PACKET PG 42 22 17 UP3 2 7 � 11 Pamela McC,art�y__ From: city..Council Sent: Wednesday, March 01, 2017 8:29 AM To: bkessler@kandastudios.coi-ni Subject: FW: Proposed Cancellation of Senior Trash Rebate The thought of losing the Senior Rebate Program is troubling to many. However, the City Attorney is recommending that the program be cancelled because of changes to California law and we have an obligation to our community to make sure we apply fees in a legal manner. I look forward to the discussion and comments from the public on March 8th and if you have further questions, please contact the City Attorney's Office. ----- Original Message ----- From: Barbara Kessler [In_ erF [o��<Sjndastudios.cotnl .b�L_ 1.�12�1 C Sent: Wednesday, March 01, 2017 5:00 AM To: City_.Council Subject: Proposed Cancellation of Senior Tra'sh Rebate Dear City Council, Please do not cancel the Senior Trash Rebate. As seniors most of us are retired and are not part of the workforce so our income is much, different than a family. We do not generate as much garbage as families (usually only two people in a residence and our garbage bins are rarely even half full). We have downs,ized our residences so we do not have as much green bin clippings. Proposition 218 seems very convenient to all of a sudden be an issue as it has been law for 21 years. If government can not charge more than a service provided how come our property tax Ull shows all these fees/bond measures for schools. We do not have chili dren in the school system but we have to pay for their education. Is the City of Bakersfield so desperate for money that the income frorn the rebate going to make a dent in a budget deficit? Barbara and Martin Kessler 12709 Mezzadro Avenue Bakersfield, CA 93312 t: 661,589.9664 03108117 CC AGENDA PACKET PG 43 Pamela McCarthy 17 FT F3 From: City_.CouncO Sent: Wednesday, March 01, 2017 8:15 AM Subject: FW: Refuse Senior Rebate, Program fhe fillmught of hosing tfie ikln RE,,bat-e Flrog,,,-m-i., h,, lroubFr-�g rnan'y. I k)wever', the Cj�y Alioirney is the pr,graa be c,,'-jnceI ef,.J of clf'ianiges to Cafforriio 9c:iw chid we I)ave -Jty to n')(ake sl-rre we q,'jp y fe(,,,.,s k"i (A kz�,g:ii r'r�(,-irir)er. I k,,,ok forwc-Ard to err obHgafion t(.,,) oi..)r cr,'orTvrit,n d sca,mion and (-.ortiry)eril's fron-i Thar; r ,r.. blic on 8th arid if y�:')t,,, hiciv(-,> h..)rft -n erCjUesfions, her ecv",�e ,.-I-orifoclt tf'ie City Attomey's Office. From: Jan, Lundy [mao.: I.Lift t�1�5,tqglgNalji ] 1 Sent: Tuesday, February 28, 2017 3:18 PM To: City-Counc�il Subject: Refuse Senior Reba to Program HE=! 03108117 CC AGENDA PACKET PG 44 c- Pamela M�ccart�hy From: City,_CouncH Sent: Wednesday, March 01, 2017 12:32 PM To: chiarle,sconner@bak.rr.coni Subject: FW: Opposifion Against Repeal of RefUse/Trash Senior Citizen Rebate Program The thought of losing the Senior Rebafe Program is troubling to many. However, the City Attorney is recommending that the prograrn, be can,cen ed because of changes to, California law and we have an obligation to our community to make sure we apply fees in a i egal manner. l look forward to the discussion and comments frorn the public on March 8th and if you have further questions, please contact the City Attorney's Office. Fro oniner [qy@lto�charfg�(- , jgr �.f r.coml Sent- Wedn!esiday, March 01, 2017 11.25 AM To: CIty_Council; bakersfidd: mayor M I ,y reasoninig for opposing the Program is my wife anid I do not generaite the same amount of �refluse!, garbage as other residents. Our trash Browr Barrel is typically emptied bi-weekly, and' normally, is only half full. My wife and I sincerely appreciate receiving the annual $95 rebate and ask for its continualince. 0 03108117 CC AGENDA PACKET PG 45 10406 Coconut CA Grove i AR 1 "IR Parnela, McCarthy From: City-Council Sent: Thursday, March 02, 2017 , 3:55 PM To: Rarnela, McCarthy Subject: FW: Show me the law. Explain to me why it doesn't apply to, the unequal charges applied to Cal" ater customers in the city, and city water customers. From: GARY Ku Y Sent: Thursday, March 02, 2017' 11:23 AM To: Alan Tandy; City .Council; Lois Henery; L ot.i..tr..e..a.c..hl...alslslelrT.bly y; rp qq Amber Lawrence Subject. Re: Show me the law, Explain to, me why it doesn't apply to the Unequal charges applied to Ca:lWater customers in the city, and city water customers, I j ust spoke with Mr Rudnick. He was very polite and seemed to agree with me on both the sub �ect of" the trash J discount and the renewal of the ("'at Water franchise. I invite you to disgust this matter with Mr. Rudnick or anyone else you should chose. On Thursday, March 2, 20' 17 10:42 AM, GARY KO <q gzyj @sbcglobal. net> wrote: Thank you for reading my ernails. Is there as reqUirerrienit that the city set trash rates by flat rate? In other words could the city set rates by Pound, ton., cubic foot, number of'bins, etc.. Could the city set rates by the number ofbins provided? For instance the city currently provides an extra green waste bin at no additional charge to some customers, Wouldn't this be as violation of the k,1W You are applying to the senior citizens of Bakersfield'? At this time the dump allows commercial gardeners to dump green waste as residential green w,aste. There is no way to verify where this waste is coming firom. S01ne Would said it is in (lie place of the customers use oftheir green Nvaste can. But this seems a bit misguided, A true residential customer who, takes construction material firom their home to the dump is charged a fee the same as any construction company would pay. On Thursday, March 2, 2017 10:1 tt AM, GARY K <ghnzyl na 1 wrote: _ You are correct the water rates are set by the CITC. But it is the city, that grants the franchise to Cat Water. `that franchise ended I�ast AUgUSt k1nd was extended until August 2018, as movc inade without respect to your fiduciary duty to Bakersfield citizens.. 03108117 CC A GEN PACKET PG 4 7 Alst as there is no requirement that the city provide tnish scrvices. There is no requirement that the City grant Cal Water a franchise. You have inflicted a financial 11,21111 UpOu Cal Water CUStonlers by extending their t'ranchise last August. To continLIC this franchise is as breach ol'your fiduciary Citizens duty to of Bakersfield. In an clection Cal Water custonicr vastly Out TIL1111IM'S City water customers. If N'OU Would respect your fiduciary dUty'arld relief Cal Water ()fit's C011traCt. I WOUld n0 longer be sublect to CPUC control. My water rates WOUld be considered as tax sut,)ject to voter approval.. Please feel free to forward this email tar any One, VOLI should C1100SC. On Wednesday, March 1, 2017 1:41 PM, GIARY KOZY wrote: I have proven I am not receiving the same, services as others, Yet You charge me the sanic price. What state law requires you to even provide trash collection. In fact the City doesn't collect illy trash. Price collects, my trash. For a fact. As as part of a new contract with 116cc. You could require them to rcbatc as portion back to Sentors. State law salved. Unless of course You intend to increase payments to Price on the backs of seniors. 01• YOU intend to pay our f6cs into the general fund Who will lie getting the $80,000.00 dollars, in increased fees',' (-'alWater is as franchise just like Price trash collection. Cal water's contract expired last Au6)USt Yet You did nothing but extend it Im 2 more years. You allow CalWater to charge LIS over double Im what you allow I'm- city water. It seems there has been as as whole very poor negotiating with regards to CalWatcr, Are you going to apply the same law to water as You are now applying to trash'? You're going to be looking at as much larger bunch of screan-iing people over water than there is now over trash this year. 'Fake the seniors discount to prop up (lie general fund. Then pay the seniors back their rebate fi-orn. that extra money in the general Fund. Or are )'On planning to PrOp Up retirci-nent funds with that moncy. IF you collect back our discount you must evenly return it to all trash payers, Not use it to increase payments to Price. 03108117 CC AGENDA PACKET PG 48 What would be Prices j LISti fication for <rra increase. They s,i gned the contract "'ith open eyes. I can not see how any other action NVOUld satisfy any law. Show me the law. Prove me wrong. 03108117 CC A GEN PACKET PG 4 9 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Appointments 7. a. TO: Honorable Mayor and City Council FROM: Pamela McCarthy, Interim City Clerk DATE: 2/17/2017 iTiff-11 1.1 SUBJECT: One appointment to the Planning Commission (Ward 2) to complete a term to expire April 30, 2018. STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission to fill the unexpired term of the Ward 2 appointment that will expire on April 30, 2020. Applications for appointment have been received from: • Houston Ursery • Timothy Bergeron • Scott Hanson • Michael Caves • Adam Cohen • Daniel Cater The Councilmember of Ward 2 will nominate a candidate to be appointed by the full Council. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four-year terms, but not of a specific ward of the nominating Councilmember. Commission duties are to maintain and interpret the City's General Plan and recommend methods of implementation; maintain the City's zoning ordinance and make recommendations for improvement; review the City's Capital Improvement Plan for consistency with the General Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the above items and on any appeals of site plan review. 03108117 CC AGENDA PACKET PG 50 ATTACHMENTS: Description D h bUStOIrl Doin Uirseiry/kpphcadoin D 'flirnothy IBeirgeiron /kppficadoin D Scott h binsoin/kpphcadoin D Mkhad Caves /kpphcadoin D /kdairn Cohen /kppficadoin D DaiNd Cater apphcadoin Type BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� 03108117 CC AGENDA PACKET PG 51 SUBMIT TO: � CITY CLERK , � l600Tn]XtuOAvenue Bakersfield, CA9330l (66l)326'3767 Phone No. 0 (66l)323-378O Fax No. CLERK'S OFFIC VL Y: CITY OF B I�LD' RESIDENT: YES NO CITY CJFBAKERSMBD APPLICATION FOR APPOINTMENT �w �[E R I'% APPLICANTS ARE ENCOURAGED T] CONTACT EACH COUNC|UNE88QERTO COMMUNICATE THEIR � INTEREST FOR APPOINTMENT. ` mk. I. h�s Houston Don Ursery Ms. First Middle Last 2. Residence address: Q5O8 Forbes Park Drive Bakersfield Kern CA City County 31o1m Zip � Phone( �O1 ) 444-310O ' . 3. PodMun(s) sought: (Lid in order of preference) �) Planning Commissioner- Ward 0 2) 3) � 4\ 4. Business Title or- Occupation: SeniorDi/eotorofChmindJuahoe Company: Bh hhwood�oUe Address: 1914 VVib|o Road Bakersfield Kern CA 933( City County State Zip Phone 661 830-6322 5. Educo|ion- List schools attended arid/or groduo|ed/deQnse(s): University of Washington, California State UniversitV at Bakersfield (Bachelors of Arts) Bakersfield College and ano Union High School. 03108117 CC AGENDA PACKET PG 52 eXpl(,)�r,) W�,)y yC)k,j WjS)'j �() S(7 Aecsfleld: 8, � 11(_�cjs(." �Irve on (:i for I he CilycA B(_ To have a say in the develop Tent,Pf. -my qjty. Use my back round in commeri,cal,& residej.itial__ development and ensure compliance of the General Plan. Of course community -sefvice-l' e. been, . .. ..... .... involved in,governmental agencies throug,hplut rn-y-,qarpers and the satisfaction .of,service is.priceless. To be able to participate in decision making,for Pl.ann_r ng, Zoning, Land Use and- Developmentin-my community. 9� ycyj 1,1()ve �nny inferes m fISs06C0j(Dn'; V01k 'I"I r_j of interesi? if yes, explalr,�: zw e 4vouid be heh,,,^ful i& you fe V r ev j yon.r[ AIJIH0RIZAjN)�,I Ard,) FASI in r�,,onn� �,r Aon with 0 is cqDp4cati(>n f0i ��ill be r,xjtA(:; i,)p(,-)n ['equesl. Lea a i 03108117 CC AGENDA PACKET PG 53 CITY OF BAKERSFIELD PLAN.NING C M,MISSION' SUPPLEMENTAL QUESTIONNAIRE Des c-rib e,,vl you lo(,.,,V 'eve woud bc,, your role (is c) rnernbcr of lhe P annng CMT)r`)-)�ssiO�"- Administer the City's zoning laws, ordinances, rules & regulations per the General Plan. Regulate the use and: appearance of buildings, structures and land. Regulate signs & billboards per zoning. Regulate location, height, size, number of stores, and size of buildings/strUCtUres. Size of lots, yards, Courts, and open spaces to include intensity of land use. Establish requirements for off-street parking & loading, Additionally ensure compliance with building setbacks/lot lines. Review environmental compliance and captial improvement prograrns. 2, VVhat professiomcil or [-,jersona� have pr(zpc ire(J yr),,.,u to serve (is, a Plc)tiriing I previously work with a Community Development of a county agency. My duties, included plans examining (approval/denial) for commercial & residential developments. I also served as an advisor to the Fire Marshal for compliance per NFPA/ICC Fire Codes. Additionally served on the planning board for all developments and their compliance to IBC, IRC, IFC, EPA, I was also on the board for Wetland; Mitigations for developments. As a police officer in California, I recognize the importance to a safe communjty, and the requisites. Community Involement with a Planning Commission is essential 'Wh at rTw;ajor %ssue�s) (, 'Jo you see ff,,idng lh(-., P annkg Co- nrT,iission r,r ff)e ur,)(--orr)4ig year? Coordination with the HSR Authority for our cornmunity's involvement. New development and the Land Use/ Zoning requirements associated. Annexation for the City is very important for growth. Working closely with Kern County agencies for development and compliances. Additionally, the Habitat Conservation Plan, I was exposed in the state of Washington as to the importance to the protection of natural resources while improving our community. The permit process: Streamlining the process is crucial as well, Kr River Plan and Public Services. Water resources and availability are equally critical, As a n-ierTiboi, of fine Fllcirm ng Cornnsi,)sion, what iss�j -,s would you advocate aciciressir)g? Besides the issues mention in #3, 1 would advocate the importance of vehicle traffic, specifically better circulation to include pedestian safety. I would advocate continued support for housing development wi safety being a priority, Community safety in general will always be a priority. I would support developments that work closely with neighborhoods, and the citizens of Bakersfield. To add, the City's water shortage is wii an important issue. I would advocate to research the increase in water recycling. Des(--ribe ra aw.w you \,vouid (,-irrive at a --I clec: �ioin when confronted %A,i[h cJiffereni pc-)rnts of view (J(.,,rivecl frOff) tf)e sarnt-j, of of far-ts. I've had the privilages to serve with government agencies for several years and quickly realized the importance of negotiation and compromising. I base my judgements and decisions on facts, rules, & regulations and expirences, If an alternative is reasonable, safe at within the requirements of codes, I have no problem with deviating my decision. If believe that for a commissi( reach various decisions, good judgement and good communication is a must. Interpretations will vary but the outcome should come from educated and researched opinions & concepts. Nease return this supplemental queshonnalre with your application to serve on the City Planning Cornmlssi on, 03108117 CC AGENDA PACKET PG 54 PROFESSIONAL EXPERIENCU, Presently BRIGHTWOOD (,OLLECrE at BAKERSFIELI) Bakersfield, alilornia SENIOR DIRECTOR 014" CUIMINAL.IUSTICE Supervise tell (10) ("rin'linal Justice histrt,ictors within the criminal justice program with student population o1'200. Hnsure the edUCati011al and academic compliance with the California Board of FdUcation as well as the F"edcral Board ol'FdUcati0u Under the -vations, atccrcditation thixn,igh A(.11(.','S. Conduct ill classroom ob,set CUrriCUIL1111 C011111liancc and overall excellence in all Associates of' Arts F)cgrec I'm- CriniLlial RlStiM Work with local, State llnd F'cderal Agencies in the field of'crit-ninal JUStiCc and the Future hiring of'Brightwood College gradUates. Manage payroll f6rall staffundcr my supervision and ensLire tinieshects and reports are properly niaintained, Attend corninunity meetings with out- local agencies and d epartme tits to include Kern ('01,111ty Probation, Bakersfield Police F)epartment, Kern County Sheriff*, Coroner Division, CIritne Lab, [)istrict Attorney Del',)artment, 0:,'111' and various law enforccnient agencies thl-OUghOUt Kern County. Additionally, attend meetings with Veterans Administration as Novell as WOUnded I lerocs Foun(hation. May, 2013 KERN COUNTY SUPERINTENDENTOF SCHOOLS .fartuary 2015 Bakersfie1d, (",afitbrnia SUBSTITL)E INSTRUCTIONAL ASSISTANT Assist in the teaching within a C0111111LInity Alternative High School environment ot'variOUS CUlTiCUIL1111S for grades 9'fi through 12'° '. Sub,jects including: Math, English, Social Studies, History all(I 1-lonic 1?conomics responsibilities such as: Personal check balanchig, financial budget, responsibilities, flederal & state income t,ax restotisibilities/pi-eliai-atioiis and continuing responsibil i ties of' higher education. Additionally, counseling in the importance of' Vocational Trainings and tile incorporation of'such into as career. 03108117 CC AGENDA PACKET PG 55 September 2001 KITSAII COUNTY DEPARTMENT OF April 2013 COMMUNITY I,)EV,VI.,01:1MENT KitSdI-) C.OUnty, I�Iort Orchard, Washington (,'OMMF,IZCIAI.,/IZESIt)EN'riAl,,, I"LANS EXAMINE1Z & INS11ECTOR reviewed plans for cortirnercial and residential building permits. I'Aamined for safety and structural integrity in compliance with " f'he ICC International Code Counsel (International Building Codes. IBC, International Residential Codes and International Fire Codes (IFC). Additional review ot'NFIIA, FTA, ACI, N1;C1, ASTM and variOUS ordinances required within the jurisdiction. COMILICt OnSitC inspections flollowing plans approval, Additionally, reviewed SUbtiiitted plans that exceeds mininlLull requirements to the budding cosies for- American Society of' `resting & materials (ASTM) and Seismic Design Categories within 1)], 1)2 & F Zones. Attended I�Ire-Applicant meetings, Ibr all pending dcvelopments within the COUnt)' fear all applicable codes and ordinances, Ikeviewed plans f'ol• Soil/Storm Water compliance and FInvironmental Wetland Mitigations. September 2001 KITSAP COUNTY I)EIAwrmENT OF April 2013 COMML)NITY I)EIl�l..OI'MEN'r/liEMA/1-IOMEI,,ANI) SECURITY Kitsap County, I)ort, 0rchard, Washington I)ISASTER 11REPAREI)NESS INSTRLVI I OR & ASSISTANT FIRE MARSUAL Managed, reviewed, examined and approved plans lor training of commercial strUCtUrcs for safety, StrUCtUl-al integrity I"or compliance ot'National Building & Fire Codes. Conduct inspectionsl'or safety ot'such field operations. Additionally, conducted site inspections for compliance of national l AZMAT operations (onsite transportation procedures), Coordinator for F'niergency Responses to National I)Isasters Such as Hurricanes, I'arthquakes and other relatcd catastrophes. CondUCted monthly training; seminars lbr: Terrorism - Firs( Rcsponder I)cployments .1 niergency First lZesponder Certifications, 03108117 CC AGENDA PACKET PG 56 Fnwrgency Management Supervisor & InstrUCtOr ('ertifications Disaster Preparedness Response Mills and Exercises November 1998 KITSAII (",'O(JN'I'Y SHERIFF'S OFFICE September 2001 I)ort Orchard, Washington CHIEF FORENSIC INVESTICWFOR Supervise Sheriff' & Medical Fxarniner/('01-caner personnel in the investigation of'suspicious deaths within Kitsap County. Assist Fire Marshal, Fire I)istricts and Law Enforcement Agencies with the investigation in Cases OfUrILIsual deaths and Unique lorensic inquiries. Train law enforccnientand Fire personnel in tile investigation ot'death in criminal, SUSPICIOUS& safety violation circumstances. I"IZOFESSIONAI,,,IF,XI)I� RIENCE C N'T April 1979 CALIFORNIA S'I'WrE POLICE California. May 1997 Retired Oisability Retirement (Shot in the line of du 1"OLICE OFFICERISUI)ERVISOR L,'nforcc local, state and federal criminal statLItCS, within the State of CaffOrnia. Initial criminal investigations, evidence preservation & collection, arrests, patrol duties and traffic enforcement. Investigate traffic accidents and condUCt hollow -up repolls and investigations. Testify in both MUnicipal and SUPCI-ior COU11-tS for all related cases. Conducted undercover dLItieS to itICILide surveillance, narcotic and firearm/explosive Investigations. Train law enforccnicnt officers in weapons qUalifications and tactical deploymetit, Instruct state personnel in defcnsive driving and pUrsuit techniques and safety. 03108117 CC AGENDA PACKET PG 57 PROFESSIONAL EI)LjCA"FI.ON July 2000 thilversity of Washington Seattle, WA June 19,94 California State University Bakuslield, Califbmia Bachelors of its Degree (Criminal Justice & Sociology) 1972-1973) Bakersfield JUnior ('ollcge C1,11iforrita, (Administration of.lustice) 1968- 1972 Wasco Unioll I figh School Wasco, (,,A PROFESSIONAL CERTIFICA'nONS Current- International ('ode Council Building Plans Examiner (Resideiitiall(.,,ominei-eitl) Residential/Commercial Building Inspector Certilication 4 5223091 ?Jratiori- 02/24/2016 National Fire Academy, EMMA�lmur= i�Iamm� lazncl pc ,rtment of Hqme*Iand Seeurit, Plan Pxaminer: Fart Site & StrUCtUral Plans Arson Investigation/Fire Marshal Investigations I)isastrous, Pre pared n ess/E' inergeii ey Mariagenict-it F'irc and Lite Safety Plans Review llaz ardOLIS Materials irispectioti & insti-LlCtOl' certification Washing tare entral Safcty Committee JLIIY 1979 Rio Hondo Police Academi Rio Hondo College, CA C'onimission on Peace Of Standards S., "fraining (POST) Advanced, hiterinediate & Basic (".crlificates 03108117 CC AGENDA PACKET PG 58 llreViOUS: Criminal Justice Training Center University of Washington I lomicide Investigation Forcrisic Pathology Department of lustice (1)0J) Drug Enforcement Administration (I)EA) Narcotics & DangerOUS DrUgS Law Ent"orcemet-it Missing & Exploited Children Training ("enter Alexandria, VA Forensic Identilicatioll Criminal Justice'Fraining Center Golden West College Certified Advanced Off iccrTrairii ng San I)iego Sheriff's Department Training Division l','irearms histructor ("ertification I)epartment of Administration of Justice San Jose State 1.)niversity Basic Hostage Negotiation CcrtificatiOrl 'rije Federal Bureau of Investigation (FI31) & I)epartment of Justice (I)OJ) Special Weapons & Tactics'I"raining Sacramento Public Safety Training ('enter [)rotecliori of I'Liblic Officials Ccrtification March 1973) miu,rARY SERVICE March 1979 UNITEI) STATES AIR FORCE Active duty in the United States Air Force (Vietnani Veteran): Honorable discharge. Military Awards & 1)ecora[ions. Air Force 13rcsideritial Medal, Air Force (onirricridation Medals (Oak leal'CILISWES). 11urplc Heart Medal, Air l",orce (.'jood CondUCt Medal, Air Force Longcvity Medal, Ari-ned l'orces National Defense Medal, Republic of Victimm. Service Medal, Southeast Asia Service Medals. Air lorce [ xpert Marksmanship Mcdal. 03108117 CC AGENDA PACKET PG 59 SUBMIT TO: CITY CLERK 17 JAN! --.3 JEI 3: 09 1600 Truxtuq,,),6yq,!�ye Bakersfield, CA 93301 (661) 326-3767 Phone No. (661) 323-3780 Fax No. City County State Zip Phone ?-5 3. Posifion(s) sought: (List in order of preference) 2) C ui � 'Se rvi'(v- 15ue-"C� 3) 4) or ICA wX 1 S I' 4. Business Title or Occupation: Company: e Address: o I J,l -, Ke fC e� City County State zip`; q Phone I 5. Education - List schools attended and/or graduated /degree(s): rm 03108117 CC AGENDA PACKET PG 60 6. Other Special Training or Experience: 7. Previous and present governmental and civic experience. Indicate when, position and duties: / I 8. Please explain why you wish to serve on a Board/Com mission for the City of Bakersfield: ~-- /^.am\\ |'`y. \ \e/_ yh ]^ m W\, 9. []{)you have any interests or associations which might present o CODfliof ofiOheres � If yes, please explain: Please attach your resume, and any additional information or statements which you feel vvooN be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. Date Signature of /App'co / 03108117 CC AGENDA PACKET PG 61 661-869-8491 09:07:10 01-04-2017 2/2 Name Leo CITY OF BAKERSFIELD "PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE 1, Describe what you believe would be your role as a member of the Planning Commission. (4e` f t � o c5 i ?-< 1 1 K ( N) � -flw- (v M M (A A k'I NJ 2. What professional or personal experiences have prepared you to serve as a Planning Commissioner? A, e cve. hers 3, What major issue(s) do you see facing the Planning Commission in the upcoming earl rc+tAfe ) rdcAL) Aov-) bpi Wersf),,e k ' 'J f\J W (I C, is (�J J 4. As a member of the Planning Commission, what issues would you advocate addressing? stc(� 410 Xr\e Sal 5. Describe how you would arrive at a decision when confronted with different points of view derived from the some set of fact Le+ Uerl to, (K o/,c� ()a+ C,,�Jml Y, Please return this supplemental questionnaire with your application to serve on the City Planning Commission. 03108117 CC AGENDA PACKET PG 62 SUBMIT TO: CITY CLERK 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3767 Phone No. (661) 323-3780 Fax No. CLERK'S OFFICE USE ONLY: CITY OF BAKERSFIELD RESIDENT: YES NO WARD NO. 1 2 3 4 5 6 7 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. Mrs. Scott Ivan Ms. First Middle Last 2. Residence address: 1302 Broxbourne Dr Bakersfield Kern CA 93312 City County State Zip Phone 661-496-2582 3. Position(s) sought: (List in order of preference) 1) City of Bakersfield Planning Commission 2) 3) 4) 4. Business Title or Occupation: Real Estate Broker, Lender, Investor Company: Permier Realty and Summit Financial Address: 3977 Coffee Rd, Ste A Bakersfield Kern CA 93308 City County State Zip Phone 661-496-2582 5. Education - List schools attended and/or graduated/degree(s): Bakersfield High School class of 1992 CSUB 2007 Bachelors of Science Business Degree with a Finance Concentration 03108117 CC AGENDA PACKET PG 63 6. Other Special Training or Experience: California Real Estate Brokers License issued 12/18/1999 #01215474 (sales person license issued 11/4/1996) National Mortgage Licensing System license #1459028 1 have been involved in many hundreds • real estate transactions in Bakersfield and Kern County either as lender, broker, or investor. 7. Previous and present governmental and civic experience. Indicate when, position and duties: I have not served in a government position previously 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: I have more than 20 years of real estate experience to put to use for a community that I care deeply about._ and improve. I have the skills and experience to contribute to the Planning Commission in a competent, interested, thoughtful and thorough way. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: NOW Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I un e tln' in a, connection with this application for appointment, the information contained herein will be maqttvt le the general public upon request. 1/3/2017 Sign'atL(re of Applicant Date 03108117 CC AGENDA PACKET PG 64 Name Scott Hanson CITY OF BAKERSFIELD PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE 3. What major issue(s) do you see facing the Planning Commission in the upcoming year? The Planning Commission will need to remain diligent in accomplishing its goal of maintaining and interpreting the City's General Plan and zoning ordinance, and continue to make recommedations for improvement. 4. As a member of the Planning Commission, what issues would you advocate addressing? I advocate for responsible development and growth. I want Bakersfield to continue to grow in a positive r means growth through expansion into new areas but it also means development and re-development within our existing city limits. I want projects that improve the City's economic and housing outlook in an aestheticly pleasing way. 03108117 CC AGENDA PACKET PG 65 SUBMIT TO: 17 JAN 11 P11 1: 1 CITY CLERK JI A 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3767 Phone No. (661) 323-3780 Fax No. MY OF BA IELD D RESIENT: 9 NO WARD NO. 1 2 305 6 7 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT, Mr. 1, Mrs. Michael Arthur Ms. First Middle Lost 2. Residence address: Bakersfield Kern California City County State Zip Phone ( 3. Position(s) sought: (List in order of preference) i) --Plan tirlg,,Commission I 3) 4) - --- --- 4, Business Title or Occupation: Attorne Company: Kern County District Attorney Address: 1215 Truxtun Ave Bakersfield Kern California 93301 City County State Zip Phone (_661) 5. Education - List schools attended and/or graduated/degree(s): University of San Francisco School of Law: Juris Doctor (J.D.); University of New Hampshire - School ------ - [ o : aster of Laws (LL" ;California State University Dominguez Hills: Masters in oo —f-Eaw'T\A"-` negotiation & conflict resolution (M.A.): A rican- Mi! tary University A� �-M-P University of., Maryland: B.A. 03108117 CC AGENDA PACKET PG 66 6. 01 her Special Training or Experience: Previous and present governmental and civic experience. Indicate when, position and duties: Bakersfield Misc. civil service commission: 3/14 to present. Kern water resources committee: 3/14 -ti p�rese-fft'.'-K-e-rn--F:FLu-�'m""-'a'-n--I::;Z-eTatio""n'��'s'�'G 6"mmiss[ h--:--9-/l4—t6�"'p'�'r'-e-sent—. Deputy District attorney 2007 to pLesert . Kern Count Prosecutors )N_ssociatiori-Pre "i ent: 8/16 to present. State Bar volunteer Fee Arbitrator: 3/09 to present 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield; to serve my community, and assist the city council as it attempts to achieve smart, sustainable gnowth"'fio-r-the city. — 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: N/A Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand t at in connection with this application for appointment, the information contained herein will be ' made av( 0 , I , il le o theneral public upon request. o Signature of Applicant Date 03108117 CC AGENDA PACKET PG 67 Name Michael A. Caves CITY OF BAKERSFIELD PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE 1. Describe what you believe would be your role as a member of the Planning Commission. Maintain and interpret the City's General Plan and recommend methods of implementation. Maintain the City's zoning ordinance and make recommendations for improvement. Review the City's Capital Improvement Plan for consistency with the General Plan. Review and approve subdivisions and parcel maps. Conduct hearings on all of the above items and on appeals of site plan reviews. 2. What professional or personal experiences have prepared you to serve as a Planning Commissioner? As an attorney for the past 10 years, I am accustomed to analyzing documents and competing interests to resolve disputes according to laws and rules. As a commissioner, board member, chair, and president of various organizations, I am used to conducting meetings. I have researched water issues as a member of the Kern County Water Resources Committee, and dealt with architectural reviews while on the Board for my HOA. I am also familiar with administrative hearings, having taught administrative law at CSUB. 3. What major issue(s) do you see facing the Planning Commission in the upcoming year? Large commercial and residential projects (such and the "Bakersfield Commons ") will continue to demanc attention from the Planning Commission, as well as variances and zoning issues related to roads, traffic patterns, and development. a. As a member of the Planning Commission, what issues would you advocate addressing? I am always interested in pedestrian and driver safety, commercial growth, keeping Bakersfield (and particularly downtown Bakersfield) safe and inviting to businesses and visitors while respecting the needs of residents. Finally, I am a strong advocate of smart growth that balances the need for expansion of housing and industry with the need to keep Bakersfield beautiful 5. Describe how you would arrive at a decision when confronted with different points of view derived from the same set of facts. I would evaluate what is in the best interests of the community, consistent with the city council and the mayor's vision for the future of Bakersfield, balancing the personal property rights of residents and businesses. I would seek to uncover shared interests in apparently conflicting points of view, to explore options for mutual gain. Please return this supplemental questionnaire with your application to serve on the City Planning Commission. 0310$117 CC A EN A PACKET FAG 68 University of New Hampshire School of Law LL.M, International Criminal Law & Justice High Honors in every course, 4.0 gpa University of San Francisco School of Law Juris Doctorate, May 2007 Phi Delta Phi - Public Law Certificate American Military University Master's in Public Administration, with Honors Pi Gamma Mu, Golden Key International Honour Society, President's List, 4.0 gpa California State University Dominguez Hills Master's, Negotiation, Conflict Resolution and Peacebuilding Phi Kappa Phi, 3.97 gpa University of Maryland University College Bachelor of Arts, Communications Entire course of study completed while on active duty in the Army, 4.0 gpa Anne Arundel Community College Associate of Arts, Summa Cum Laude Phi Theta Kappa - Entire course of study completed while on active duty in the Army, 4.0 gpa LEGAL EXPERIENCE Kern County District Attorney's Office - Deputy District Attorney 2007 - Present • Successfully fled and negotiated hundreds of criminal cases, represented prosecution at lifer hearings, provided legal advice for Title III wiretap investigations • Tried over 60 criminal trials • Conducted Statewide training for businesses and organizations on white collar crime topics State Bar of California - Arbitrator 2009 - present ■ Appointed by the State Bar Board of Governors to conduct fee arbitration, appointment renewed annually for six consecutive years United States District Court, Northern District of California - Judicial Extern 2007 • Judicial Extern to the Honorable Maria -Elena James, U.S. Magistrate • Conducted substantive legal research, writing and analysis to assist Judge, briefed Judge on pending motions • Assisted with settlement conferences and transformative mediation efforts Sacramento District Attorney's Office — Certified Law Clerk 2006 • Researched and drafted motions for admission of evidence in death penalty case • Conducted preliminary and suppression hearings, motion and discovery work, conducted arraignments San Francisco District Attorney's Office — Certified Law Clerk 2006 ■ Drafted Respondent briefs for appeals, prepared motions & preliminary hearings U.S. Attorney's Office — Law Clerk 2005 ■ Handled over 20 criminal cases, represented the U.S. in Federal Magistrate Court, drafted prosecution memoranda, conducted plea negotiations & assisted with trial work TEACHING EXPERIENCE 0310$117 CC AGENDA PACKET FAG 69 Adjunct Instructor (Bakersfield campuses and online) 2009 - present • California State University Bakersfield - Taught Administrative Law and Bureaucracy (lecture, PPA 3250, Fall 2016), and Administrative Law (graduate seminar, PPA 5250, Fall 2016), Teaching American Government and Politics (PLSI 1018, Spring 2017). • University of Phoenix - Taught interpersonal communication for criminal justice professionals (CJA -363) • Santa Barbara Business College - Taught introduction to security & criminal investigation • Taught a number of online courses at various private and public universities, including nine semesters of graduate Counterintelligence, two semesters of graduate Strategic Intelligence, two semesters of graduate Threat Analysis, developed online course in communication strategies for conflict resolution and mediation, taught thirteen online courses for graduate school of organizational leadership (including Theories of Conflict; Managing Intrapersonal and Interpersonal Conflict; Intercultural, Societal, and Global Conflict Resolution and Mediation; and Diagnosing Conflict), also taught one semester of Business Law. Completed numerous self -paced online learning professional development courses, including Introduction to Teaching and Online Learning (University of Oxford, November 2010), Technologies for Creative Learning (Massachusetts Institute of Technology, February 2011), Open Education: Practice & Potential (Harvard University, April 2011), Creating Effective Online & Blended Courses (Stanford University, February 2016). MILITARY INTELLIGENCE AND SECURITY Tactical Exploitation of National Capabilities (TENCAP) unit, Republic of Korea 2003 -2004 Senior Intelligence Analyst, TENCAP Team Leader, Sergeant • Supervised analysts during 24 hour intelligence collection operations • Maintained continuity of collection operations (in deployment -ready status) during combat exercises • Trained U.S. and Korean intelligence collectors and analysts • Drafted and briefed intelligence presentations for senior U.S. and Korean intelligence officials National Security Agency /Central Security Service, Fort Meade, MD 1999 -2003 Senior Intelligence Analyst, Maritime Analysis Cell Team Leader, Sergeant • Supervised fifteen analysts during 24 hour operations, scheduled work/training cycles. • Drafted and briefed intelligence forecasts for senior government officials • Trained junior intelligence analysts from U.S. and allied forces on collection and reporting techniques PUBLICATIONS Journal of Law and Social Challenges, University of San Francisco School of Law ■ Authored The Prosecutor's Dilemma, a legal research paper that was published in the Journal of Law and Social Challenges (2008). Has been cited numerous times in public policy papers, treatises, & legal opinions, most recently in 4th Edition of Criminal Procedure [Lafave, Israel, King & Kerr (2015), 4 Crim. Proc. Sec. 13.2(a)]. Creative Justice Art Show, University of San Francisco School of Law ■ Authored four fictional works that were featured in the 3' annual Creative Justice Art Show (2007) Ignatian literary magazine, University of San Francisco ■ Authored four fictional works that were published in the Ignatian literary magazine (2006) Maritime Law Journal, University of San Francisco School of Law ■ Served as Survey Writer and Editor (2004 -2006) Nota Bene, Phi Theta Kappa • Authored two fictional works that were published in Nota Bene literary publication (2004) • Served at literary judge for Nota Bene (2007) Amaranth, Anne Arundel Community College ■ Authored seventeen fictional works that were published in Amaranth literary journal (2001 -2005) AWARDS AND HONORS ■ Appointed to the Kern County Water Resources Committee (2014 - present) ■ Commissioner, Bakersfield Civil Service Commission (2014 - present) ■ Commissioner, Kern County Human Relations Commission (2014 - present) ■ Elected to Board of Directors, elected Vice President of Legends at Riverlakes HOA (2010 -2011, 2011 -2012) ■ Appointed shop steward and member of contract negotiation team, elected to board of directors, elected Vice President, and President, Kern County Prosecutors Association (2010 -2011, 2011 -2012, 2012 -2013, 2013 -2014, 0310$117 CC AGENDA PACKET PG 7 2014 -2015, 2016 - present) ■ Winner, California Crime Victims Assistance Association training scholarship (May 2012) ■ Served as scoring judge for the Kern County mock trial program for three years (2008, 2010, 2013) ■ Awarded Public Interest Law Certificate, University of San Francisco School of Law (2007) ■ Co- Chair, USF Equal Justice Society, two consecutive years (2005 -2006) (2006 -2007) ■ Awarded Arthur C. Zief Jr USF School of Law Scholarship two consecutive years (2005 -2006) (2006 -2007) ■ Winner, Phi Kappa Phi love of learning scholarship (2014) ■ Winner, CALI Award for Academic Excellence in Legal Ethics (Fall 2005) ■ Winner, Public Interest Law Foundation Summer Grant (Summer 2005) ■ Winner, Best Moot Court Oral Argument (Criminal Procedure, Spring 2005) ■ Phi Kappa Phi, Phi Delta Phi, Phi Theta Kappa, Pi Gamma Mu, Golden Key International Honour Society ■ Awarded the Army Commendation Medal (2004) ■ Graduated with a 4.0 GPA from American Military University, University of Maryland & Anne Arundel Community College, graduated with a 3.97 GPA from California State University Dominguez Hills ■ Awarded the Phi Theta Kappa Reynolds Scholarship for outstanding literary manuscript (2004) ■ Awarded the Phi Kappa Phi Love of Learning Scholarship (2014) ■ Awarded Korean Ministry of Patriots and Veterans Affairs Scholarship (2003 -2004) ■ Graduated on the Commandant's List, U.S. Army Leadership Course (2002) ■ Awarded the National Defense Service Medal, the Korean Defense Service Medal, and the Global War on Terrorism Service Medal ■ Awarded Joint Service Achievement Medal twice, awarded Army Achievement Medal five times (2000 -2004) ■ Honor Graduate of the U.S. Army Intelligence School (2000) ■ Awarded numerous certificates of achievement from the National Security Agency, Central Security Service, 704 "' Military Intelligence Brigade, and various other intelligence organizations. 0310$117 CC A EN A PACKET FAG 71 SUBMIT TO: CITY CLERK {��'Li (°� Ail 11. 5 1600 Truxtun Avenue Bakersfield, CA 9330L ,l.,. (661) 326 -3767 Phone No. (661) 323 -3780 Fax No. CLERK'S OFFICE USE ONLY: CITY OF BAKIELD RESIDENT: (`F-/ NO WARD NO. 134567 CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. ❑✓ Mr. Adam Phillip Cohen 1. I I Mrs. Ms. First Middle Last 2. Residence address: 3 4. 5 City County Phone ( Position(s) sought: (List in order of preference) 1) Keep Bakersfield Beautiful 2) Planning Commission 3) 4) State Business Title or Occupation: Transportation Planner Company: Zip Address: City County State Zip Phone ( Education - List schools attended and /or graduated /degree(s): Georgia Tech - Masters of City and Regional Planning UC Berkeley - Bachelors of Urban Studies 0310$117 CC AGENDA PACKET FAG 72 6. Other Special Training or Experience: Institute of Transportation Engineers (ITE) Fellow Transportation Research Associate, UC Berkeley 7. Previous and present governmental and civic experience. Indicate when, position and duties: Hazard Mitigation Planner, Dept. of Homeland Security Vice Chairman, Atlanta Fulton County Local Emergency Planning Committee 8. Please explain why you wish to serve on a Board /Commission for the City of Bakersfield: Firstly, I believe strongly in community involvement. I want to build a stronger relationship with the city to enhance our quality OT Ie & revitalize our community- for all neighborhoods-- & residents. I want to improve the quality of development and preserve the character of our residential neighborhoods. I want to ensure that city is clean & well -main taffi-e7d-.rMo—pe to work with elected officials & staff to remove onerous regulations; improve bicycle, pedestian, and multi-modal options; and bring economic development to the fore-fr-o-nT.-F- view this as an opportunity to give back to the city and learn something at the same time. 9. Do you have any interests or associations which might present a conflict of interest? if yes, please explain: None. Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, made available to the general public upon request. Signature bf-Applicant the information contained herein will be I/ __ / (7 - Date 03108117 CC AGENDA PACKET PG 73 ADAM COHEN BAKERSFIELD, CALIFORNIA Dear Mayor Goh, Vice Mayor Smith and Members of the Council: Thank you for your consideration as a member of the Planning Commission. I respectfully provide this letter in response to the supplemental questionnaire for the commission. For me, this is personal. My roots in Bakersfield stretch back three generations, and include every corner of this city from Rio Bravo to Seven Oaks. These places aren't just neighborhoods. They're my family's home. Our home. My grandparents arrived here in the 1970s purchasing a Tenneco West home in Stockdale Estates. At that time, Gosford Road was the Western edge of our city's crabgrass frontier. A lot has changed since my family moved to Bakersfield. We've added 300,000 residents and have grown in every direction. For decades, the history of Bakersfield has been growth. Even though Bakersfield's growth fluctuates depending on economic conditions, the underlying upward trend hasn't changed much. Fundamentally, the Planning Commission's role is to maintain and enhance our community's quality of life, and to be stewards of our community's future. Around our city's culture of growth, the questions confronting our Planning Commission revolve around growth — often how to accommodate and guide it. On a more technical level, it is our responsibility to interpret the city's General Plan, recommend its implementation, review and make recommendations on the city's zoning ordinances, review and approve subdivisions and parcel maps, and more broadly facilitate and ensure fair public process for everyone. The Planning Commission represents a key opportunity to identify community concerns and opportunities to mitigate these concerns through better design and community planning. I have more than a decade of multi- disciplinary planning experience spanning the public and private sector, including: • Interpreting and applying applicable state, county, and municipal codes, ordinances, and regulations; • Recommending actions necessary to correct deficiencies or violations of ordinances and regulations; • Assisting with current and future planning processes; • Conducting review of various development applications including plats and subdivision maps, site plans, and requests for variances and rezoning; • Implementing long -range plans; • Developing strategies to promote economic and community development consistent with the community's plans, vision, and goals; • Evaluating the adequacy of community infrastructure in meeting current and projected needs; and • Conducting a variety of technical studies (e.g., traffic, environmental impact, and others) Professionally, I am an urban planner and transportation researcher at the Transportation Sustainability Research Center at the University of California, Berkeley. TSRC has assisted in developing and implementing major California and federal regulations and initiatives regarding sustainable planning including: California Global Warming Solutions Act (AB 32), the Low Emission Vehicle Program, the 03108117 CC AGENDA PACKET FAG 74 ADAM COHEN BAKERSFIELD, CALIFORNIA California Clean Cars Program (AB 1493), Low Carbon Fuel Standards policies, Sustainable Communities and Climate Protection Act (SB 375), and the federal Energy Independence and Security Act of 2007. Since joining the group in 2004, my research has focused on Smart Cities, mobility on demand, and other emerging urban planning innovations and transportation technologies. I've advised more than 50 cities on their zoning, parking, and development regulations. Most recently, I've authored an American Planning Association report providing guidance to cities on how to revise and adapt their zoning codes, parking requirements, and developer regulations to respond to changes in the future of transportation. In 2005, I was selected as the District VI Institute of Transportation Engineers (ITE) fellow. ITE is an international professional association comprised of planners, engineers, consultants, and researchers. In 2008, I completed a Masters in City and Regional Planning (MCRP), focusing transportation and land use from Georgia Tech. In addition to my professional education, I have worked as a professional planner at all levels of government. I worked as a junior planner and transportation engineer for the Gwinnett County Department of Transportation where I conducted traffic studies on the impacts of development projects, worked with staff to review various development applications and plat maps, and interpreted local and county codes, ordinances, and regulations to ensure compliance. Additionally, I've also worked as a planner for the Federal Emergency Management Agency (FEM),) at their regional headquarters in Atlanta, Georgia. I also served two terms as the elected Vice Chairman of the Atlanta- Fulton County Local Emergency Planning Committee and served as an adviser to the City of Atlanta Department of Watershed Management. I also worked on the transition team for the incorporation of the City of Sandy Springs, Georgia. At the time of the transition, Sandy Springs had approximately 90,000 residents making it the third largest city in the United States to incorporate. As part of the transition team, I helped establish a municipal government and ensure continuity of services including fire, police, and planning functions during the transition from Fulton County to Sandy Springs. Finally, I have served as an adviser on numerous large scale brownfield redevelopment projects, including the redevelopment of two automobile manufacturing plants and a steel manufacturing plant in the Atlanta metropolitan area. With that being said, this multi- disciplinary planning experience enables me to analyze projects from a wide -array of perspectives to identify potential concerns and identify opportunities for potential enhancement. There are a number of issues confronting the Planning Commission this year. This year, a number of prominent commercial projects will be brought to the Planning Commission for review. A few of these include developments at Stockdale Highway and Allen Road as well as the redevelopment of East Hills Mall. In addition to individual projects, the implementation of Proposition 64 may have significant impacts on local planning. Proposition 64 which legalized the recreational use of marijuana presents a number of issues that the Planning Commission, City Council, and City Attorney will need to address. This could include the ban, approval, or regulation of dispensaries in a variety of ways. Another key issue 03108117 CC AGENDA PACKET FAG 75 ADAM COHEN BAKERSFIELD, CALIFORNIA will be ensuring compliance with S13375. S13375, currently in effect, requires metropolitan planning organizations to develop a Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan (RTP). The Kern Council of Governments is currently working to update the region's SCS. The SCS identifies the general location of uses, densities, and development intensities in the region. Maintaining compliance with the city's General Plan and the region's SCS will be important as a new SCS is developed and implemented. In the coming year, I would encourage the commission to address the following key issues: • Maintain Bakersfield's role as a major regional employment, population, and cultural center through development that encourages expanded opportunity for housing and jobs, while retaining the character of established residential neighborhoods and business centers; • Enhance Bakersfield's housing market by providing housing of different types, tenures, density, sizes, costs, and locations to accommodate the diverse needs and preferences of our community; • Development, densification, and revitalization of downtown; • Redevelopment and revitalization of blighted parcels, including greyfield commercial sites such as East Hills Mall; • Promote and enhance economic, housing, and community development; • Foster a strong and diverse local economy; • Maintain and enhance our city's cultural, historical, and recreational assets; and • Encourage multi-modal transportation and the incorporation of bicycle infrastructure. If confronted with different points of view derived from the same set of facts, I would develop a decision by always closely reviewing submitted materials and seeking clarification if needed; ensuring its compliance with all applicable ordinances, codes, and regulations; closely reviewing and considering staff reports and recommendations; evaluating proposals by closely weighing the merits of all parties /views presented; and making decisions consistent with adopted plans. I would also conduct site visits, meet with the applicant and concerned citizens to actively listen and ask questions before arriving at a decision. I do apologize for the length of this letter. It is, however, very necessary to more fully explain my background and interest in the Planning Commission. Should you require additional information, or need me to clarify any statements made in this application, please do not hesitate to contact me at your earliest convenience. You have my gratitude for your time and consideration. Very sincerely, r Adam Cohen 0310$117 CC A EN A PACKET FAG 76 CITY CLERK 2017 FEB 10 PM 3. 1 1600 Truxtun Ave ')KAKERMELO Bakersfield, CA 931 (661) 326-3767 Phone No. (661) 323-3780 Fax No. CLERK'S OFFICE USE ONLY: CITY OF ElAr' f`IELD RESIDENT: NO WARD NO. 1 Z3 4 5 6 7 CITY OF BAKERSFIELD 3. Position(s) sought: (List in order of preference) ,) Ward 2 Planning Commissioner a 3) 5. Education - List schools attended and/or graduated/degree(s): California Polytechnic State University, San Luis Obisp* Bachelors of Architecture, Minor City and Regional Planninj 03108117 CC AGENDA PACKET PG 77 • Other Special Training or Experience: LEED Associated Professional, BD+C 7. Previous and present governmental and civic experience. Indicate when, position and duties: I currently serve as a member of the facilities committee at the BIVIOA, since Nov. 2016 and work, in committee, to plan and prioritize the museum's facility needs. I am currently on the board of Back to Bakersfield, a campaign to market and promote Bakersfield to a growing professional workforce. As a founding member, this campaign is still in it's infancy and under the wing of the Kern Economic Development Foundation (KEDF). 8. Please explain why you wish to serve on a Board /Commission for the City of Bakersfield: City planning and policy have always been passions of mine. I see a tremendous opportunity to work with the other commissioners, council, and city staff to address latent barriers to infill development and promote the community benefit of a revitalized city center. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: As an architect, many of my clients are developers and property owners. I am not currently invested in any developments that might constitute a conflict of interest. Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment mad available to the general public upon request. I A Signature of Applicant the information contained herein will be ' Z1 Date 03108117 CC AGENDA PACKET PG 78 .', ►; CITY OF :► PLANNING COMff0hall SUPPLF1,1EVT4L-0 • 1. Describe what you believe would be your role as a member of the Planning Commission. I believe the role of a planning commissioner is to facilitate dialogue between the community, developers, and the city with regards to the growth of our community. I also see an opportunity to advocate for planning practices that enhance quality of life and ensure future growth advances the implementation of stated visions for our community. 2. What professional or personal experiences have prepared you to serve as a Planning Commissioner? I graduated from Cal Poly San Luis Obispo with a degree in Architecture and a minor in City and Regional Planning. 1 worked for eight years at an Architecture firm, in San Francisco, working on housing and hospitality projects. Working in the Bay area gave me an appreciation for working with cities to adapt, grow, and plan for their future needs, and the opportunities and challenges that places on private enterprise. Currently, I have opened my own architecture firm, centered in downtown Bakersfield. Most of my clients are entrepreneurs looking to grow our economy and add life to our central core. Downtown Bakersfield has been a passion of mine since my early college days, participating in early charettes and watching it's organic growth. Since my return to Bakersfield, I have enjoyed the ability to become more involved in the diverse communities of Ward 2. 3, What major issue(s) do you see facing the Planning Commission in the upcoming year? A primary issue facing the planning commission is the implementation of the 'Making Downtown Bakersfield' plan. This process has allowed our community to create a vision for our city center for the next 30 years. The success of the plan will be largely based on its implementation. 4. As a member of the Planning Commission, what issues would you advocate addressing? As a representative of Ward 2, 1 plan to advocate for policies and revisions to our planning process to promote infill development. Intill development involves unique challenges that need to be addressed in our policies. I would also advocate for the central role planning plays in the life of our city. Inadequate street lighting encourages crime. Lack of crosswalks and pedestrian infrastructure increases the potential for pedestrian/vehicular accidents. Well executed planning practices provide tangible benefits to the daily life of our community. 5. Describe how you would arrive at a decision when confronted with different points of view derived from the same set of facts. I believe it is important to hear a diversity of viewpoints and consider the varied needs of a community. With regards to decisions made on the commission, it is important that the goals stated in the city's general plan and visioning documents be considered to avoid decision making based on who has the loudest voice. Please return this supplemental questionnaire with your application to serve on the City Planning 0310$117 CC AGENDA PACKET FCC 79 Education rlvt an uis - uspo, U;41 *'-1Tr-1TM; Sta Minor: City and Regional Planning Dean's list, President's List CAED Ambassador (2003 - 2004), 03M 2131 C Street Baker field, CA il i 11 01 Study Abroad highlighting Scandinavian Architecture and Urban Design, extensive travel Cater Design Group, Bakersfield, CA Founder and principal of Cater Design Group, a full service Architecture, Planning, and Interiors firm. Diverse portfolio including single and multi-family housing projects, commercial, and hospitality project types. Architecture and Design (AD) Program Assistant (Jan. 07 – Dec 07) Danish Institute for Study Abroad (DIS), Copenhagen, Dk Coordinate and assist in the daily runnings of the AD office, Plan academic travel, Assist courses, graphic design, research, exhibition planning, administered student and staff tutorials (inDesign, model Building, Perspective Drawing, Layout). Special Skills Presentation Abilities: Model building, presentation boards, photography, and rendering in colored pencil, markers, watercolors, hand drafting, CAD, detailing, analytical and travel sketching. 3D digital rendering Uomputer Software: Revit 2017, AutoCAD 2017, Sketchup 2017, Abode Photo shop CC, Illustrator CC, InDesign CC, Adobe Photoshop Lightroom CC, Filemaker, Microsoft Office: Word, PowerPoint, and Excel, and Large format plotting, 03108117 CC AGENDA PACKET PG 80 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Pamela McCarthy, Interim City Clerk DATE: 12/28/2016 WARD: SUBJECT: Approval of minutes of the February 15, 2017, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackU IMateir4� 03108117 CC AGENDA PACKET PG 81 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 15, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir (seated at 3:37 p.m.), Sullivan (seated at 3:34 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). Motion by Vice -Mayor Smith to adjourn to Closed Session at 3:31 p.m. Motion by Councilmember Weir to adjourn from Closed Session at 5:07 p.m. Meeting reconvened at 5:09 p.m. ACTION TAKEN APPROVED AB WEIR, SULLIVAN APPROVED 0310$117 CC AGENDA PACKET FAG 82 5. 6. Bakersfield, California, February 15, 2017 - Page 2 CLOSED SESSION ACTION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 5:10 p.m. REGULAR MEETING -5:15 p.m. 1. 2. 3 4. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None INVOCATION by Pastor Tony Kim, Renaissance Bakersfield. PLEDGE OF ALLEGIANCE by Emily Frank, 10th grade student at Bakersfield High School. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh to Kristy Oropeza, Heidi Carter Escudero, and Bakersfield Fire Department Chief Doug Greener declaring February, 2017, Safely Surrendered Baby Awareness Month. Ms. Oropeza, Chair of the Safe Surrender Baby Coalition, accepted the Proclamation, made comments, and submitted written material. ACTION TAKEN (1) STAFF WAS GIVEN DIRECTION (2) NO REPORTABLE ACTION 0310$117 CC A EN A PACKET FAG 83 Bakersfield, California, February 15, 2017 - Page 3 5. PUBLIC STATEMENTS ACTION TAKEN a. Savanna Lee, on behalf of the World Mission Society Church of God of Bakersfield, spoke regarding their non - denominational international Christian church and invited the Mayor and Council to their clean -up of Baker Street on February 26th. b. Cindy Parra, City appointed representative for the Golden Empire Transit District (G.E.T.) Board, provided an update on the Board; and advised a workshop will be held on February 21 st to discuss plans for the future of the Golden Empire Transit District. C. The following individuals expressed concern with the Police Department and requested Council consideration for the purchase of body cameras for all officers and the formation of a citizen's police oversight committee: Xavier Hines; Timothy Grismore; and Patrick Jackson. Councilmember Parlier advised that this matter has been referred to the Budget and Finance Committee. d. Douglas Howard spoke regarding possible encroachment and safety violations at 1 10 Augusta Street and submitted written material. e. The following individuals spoke in opposition to Property Assessed Clean Energy (PACE) programs in the city: Sara Silvestro; Sheri Anthes, Broker Associate for Coldwell Banker and Realtor; Jeanne Radsick, a Realtor on behalf of Bakersfield Association of Realtors; and Gary Crabtree, representing the Real Estate Anti- fraud Coalition. Councilmember Gonzales referred this matter to the Budget and Finance Committee for review of the program. 0310$117 CC AGENDA PACKET FAG Bakersfield, California, February 15, 2017 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN The following individuals spoke in support of PACE loans in the City of Bakersfield: Dustin Reilich, Senior Director of Municipal Development for the HERO Financing Program by Renovate America (submitted written material); Brian McCarty, Kern County Account Manager for the HERO PACE program (submitted written material); Kent Greer, owner of Banner's Air Conditioning; Mark DeVries; Scott Gurnett, co -owner of Divine Power USA; Tracy Tate, Regional Community Engagement Manager for HERO Property Advisors Team for Renovate America; Don Lanier, from Northwest Exteriors; and George Apostoloponlos, from YGRENE Works PACE Program. 6. WORKSHOPS a. Events at Bright House Networks Amphitheatre. City Clerk McCarthy announced e -mail correspondence was received from Dan Brito and Karie Wobbe, in opposition to the extended fencing area. City Manager Tandy made staff comments and provided a PowerPoint presentation. Steve Eckerson, General Manager for Rabobank Arena, made additional comments. Motion by Vice -Mayor Smith to approve staff's APPROVED recommendation and close the portion of the park depicted in the photograph three hours before the advertised start time of shows on event nights. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 25, 2017, Special and Regular City Council Meetings and the January 31, 2017 Special City Council Meeting. 0310$117 CC A EN A PACKET FAG 85 Bakersfield, California, February 15, 2017 - Page 5 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b. Receive and file department payments from January 13, 2017 to February 2, 2017, in the amount of $23,513,446.01, Self- Insurance payments from January 13, 2017 to February 2, 2017, in the amount of $520,643.66, totaling $24,034,089.67. Ordinances: C. First reading of Ordinance amending Chapter FR 8.16 of the Bakersfield Municipal Code relating to Ice Cream Vendors. d. First reading of an ordinance amending FR Bakersfield Municipal Code Section 1. 12.070 by adding Annexation No. 661 consisting of 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road and Annexation No. 665 consisting of 22.06 acres located along the south side of Taft Highway, generally east of Compagnoni Street to Ward 7. e. Adoption of ordinance amending Bakersfield ORD 4887 Municipal Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 651 consisting of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road to Ward 4 and Annexation No. 662 consisting of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane to Ward 7. (FR 01125117) f. Adoption of ordinance amending the Official ORD 4888 Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to C -2 (Regional Commercial) and R -3 (High Density Residential) on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue (ZC # 16 -0128; Porter & Associates, representing Floyd G. & Loretta M. Hinesley). (FR 01125117) 0310$117 CC A EN A PACKET FAG 86 Bakersfield, California, February 15, 2017 - Page 6 8. CONSENT CALENDAR continued g. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road. (ZC # 16 -0264; McIntosh & Associates, representing Kern Land Partners, LLC). (FR 01125117) Resolutions: h. Dispense with normal bidding procedures for repairs of a segment of the Westside Parkway: 1. Resolution dispensing with bidding procedures due to emergency repairs required for a short section of the inside eastbound lane and inside shoulder of the Westside Parkway, located between the Calloway Drive on -ramp and the Coffee Road off -ramp, and authorizing work to remedy the drainage repairs, not to exceed $240,000. 2. Transfer $240,000 of savings from the PG &E Tower Relocation on the Westside Parkway Project to fund said emergency repairs within the Gas Tax Fund. Disposal of Real Property: 1. Resolution declaring real property at 3900 White Lane as surplus to the needs of the City and authorizing the Finance Director to negotiate its sale. 2. Agreement with Raeleen J. Boykin, Executrix of the Estate Guy H. Wilkins to purchase said property for $50,000. ACTION TAKEN ORD 4889 RES 021 -17 RES 022 -17 AGR 17 -024 0310$117 CC A EN A PACKET FAG 87 Bakersfield, California, February 15, 2017 - Page 7 8. CONSENT CALENDAR continued Amendment No. 1 to Resolution No. 054 -15 to include additional major parts and equipment to original resolution which determined that the purchase of four Vaughan Chopper Pumps required for the Wastewater Treatment Plant No. 3 digester mixing system cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefor, revised not to exceed amount of $315,000. Agreements: k. Mount Vernon Green Waste Facility Operations: Approve Agreement with K & I Services ($300,000) for hauling wood chips from the Mount Vernon Green Waste Facility. 2. Appropriate $300,000 Refuse Fund balance to the Refuse Fund Operating Budget for green waste hauling services. Amendment No. 2 to Agreement No. 15 -130 with A -C Electric Company ($208,176; revised not to exceed $598,176) for electrical services for the conveyor system project at the Mount Vernon Green Waste Recycling Facility. M. Amendment No. 2 to Agreement No. 14 -069 with TYLin International ($1,586,163; revised not to exceed $5,076,163; funded with 88.53% Federal Funds and 11.47% Gas Tax Funds) for Engineering Design Services for the 24th Street Improvements Project. (TRIP) n. Amendment No. 2 to Agreement No. 14 -078 with RRM Design Group ($27,900; revised not to exceed $590,322.50 and extend term one year) for design services of the Bakersfield Sports Village Phase 3. o. Amendment No. 2 to Agreement No. 15 -036 with San Joaquin Fence and Supply (extend term one year) for the continued supply of fencing. ACTION TAKEN RES 054 -15(1) AGR 17 -025 AGR 15- 130(2) AGR 14- 069(2) AGR 14- 078(2) AGR 15- 036(2) 0310$117 CC A EN A PACKET FAG 88 Bakersfield, California, February 15, 2017 - Page 8 8. CONSENT CALENDAR continued P. Amendment No. 1 to Agreement No. 15 -057 with Stinson Stationers, Inc. ($375,000 and extend term one year) for the continued supply of office supplies. q. Amendment No. 2 to Agreement No. 15 -185 with Kern Sprinkler Landscaping Inc. (increase compensation $120,000) for the continued supply of on -call irrigation and landscape services. Rosedale Highway Widening Project (TRIP): Contract Change Order Nos. 98 and 99 to Agreement No. 15 -009 with Teichert Construction ($115,805.64; revised not to exceed $19,095,734.75; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $116,000.00 savings from the PG &E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening project to fund change orders. Property Acquisition Agreements - TRIP: Bids: Accept bid and approve contract with Interior Demolition, Inc. ($194,000) for Demolition of Improvements at 100 Dunlap Street, 101 Dunlap Street, 104 Dunlap Street, 108 Dunlap Street, 136 Dunlap Street, 5091 Easton Drive, 4304 Joseph Drive, 3201 Mona Way, 109 Morrison Street and 4504 Woodlake Drive - Phase 17 for the Centennial Corridor Project. (TRIP) Reject bid for a Housing and Urban Development- Funded door project at the Martin Luther King Community Center. U. Accept bid and approve contract to Pavement Recycling System, Incorporated (not to exceed $468,500) for an annual contract for cold planing services. ACTION TAKEN AGR 15- 057(1) AGR 15- 185(2) AGR 15 -009 CCO 98, CCO 99 AGR 17 -026 AGR 17 -027 0310$117 CC A EN A PACKET FAG 89 Bakersfield, California, February 15, 2017 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN V. Accept bid from Jim Burke Ford, Bakersfield ($72,783.28) for two replacement two wheel drive pickups with service bodies for use by the Public Works Department, General Services Division. W. Accept proposal and award contract to Zim AGR 17 -028 Industries, Inc. dba Bakersfield Well and Pump Company (not to exceed $350,000) for on -call services for maintenance and repair of the City's agricultural and domestic water wells. Miscellaneous: X. Appropriate $15,000.00 Federal Grant Revenues (2016 Sex Offender Registration and Notification Act (SORNA) Reallocation funded through the Edward Byrne Memorial Competitive Grant Program of the U.S. Department of Justice) to the General Fund Police Operating Budget, to purchase equipment and provide training to enhance sex offender registration and notification processes. Y. Distribution of $222,070 from the Board of State and Community Corrections to the municipalities, contract cities and special districts in Kern County in accordance with the terms agreed upon by the Chiefs of Police of each city and special district within Kern County and the Kern County Sheriff. Successor Agency Business: Z. Receive and file Successor Agency payments from January 13, 2017 to February 2, 2017 in the amount of $321,700.26. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.z. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 0310$117 CC A EN A PACKET FAG 9 Bakersfield, California, February 15, 2017 - Page 10 10. HEARINGS ACTION TAKEN a. Resolution making findings and updating the RES 023 -17 Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. A finding that the project is exempt from CEQA will also be considered. (continued from the 01104117 meeting) Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:23 p.m. No one spoke. Hearing item 10.a. opened at 6:24 p.m. Motion by Vice -Mayor Smith to adopt the Resolution. APPROVED b. Appeal by the "Neighbors for a Safe Valley RES 024 -17 Plaza" of the January 10, 2017 decision of the Board of Zoning Adjustment to approve a Conditional Use Permit to allow alcohol sales /consumption in a movie theater in a C -2 (Regional Commercial Zone) district, located at 2000 Wible Road. Staff recommends adopting a resolution approving Conditional Use Permit No. 16 -0421, as recommended by Staff and subject to the listed conditions of approval in Exhibit A of the attached resolution. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 6:35 p.m. Michael Ayaz, representing Reading Cinemas Theater, and Ken Gillich, Senior Director of Food and Beverage for Reading Cinemas, spoke in opposition to the staff recommendation. Noel Pineo spoke in support of the staff recommendation. 0310$117 CC A EN A PACKET FAG 91 Bakersfield, California, February 15, 2017 - Page 11 10. HEARINGS continued ACTION TAKEN ITEM 10.b. CONTINUED Michael Ayaz and Terri Moore spoke in rebuttal opposition to the staff recommendation. No one spoke in rebuttal support of the staff recommendation. Hearing item I O.b. closed at 6:54 p.m. Motion by Councilmember Parlier to approve the staff WITHDRAWN recommendation and adopt the Resolution. Vice -Mayor Smith requested this matter be continued to a future meeting in order to clarify what the applicant's intentions for the project. Mayor Goh recessed the meeting at 7:37 p.m. and reconvened the meeting at 7:43 p.m. Councilmember Parlier withdrew his motion to approve the staff recommendation and adopt the Resolution. Motion by Councilmember Parlier upholding the APPROVED appeal denying the Conditional Use Permit without prejudice, thereby allowing the applicant to come back without waiting a year and reapply for a CUP, which will come directly to the City Council, bypassing the Board of Zoning Agency, and waiving the re- application fee. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith expressed his appreciation to staff for Consent Calendar item 8.n., regarding the principle soccer field at Bakersfield Sports Village. Councilmember Gonzales praised the Fire Department for their effort in putting out a fire on Espee Street. 0310$117 CC AGENDA PACKET FAG 92 Bakersfield, California, February 15, 2017 — Page 12 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Gonzales stated three community meetings were recently held for residents at Westpark regarding the Centennial Corridor Project; and thanked staff for their assistance. Councilmember Gonzales indicated he had the opportunity to ride -along with the Police Department's Impact Team and was impressed with their effort to address quality of life issues around the city. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 7:50 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0310$117 CC A EN A PACKET FAG 93 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent- Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/24/2017 111-11 V 03 SUBJECT: Receive and file department payments from February 3, 2017 to February 23, 2017, in the amount of $19,059,475.31, Self-Insurance payments, from February 3, 2017 to February 23, 2017, in the amount of $1,338,803.30 totaling, $20,398,278.61. Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Regi'isteir/kdirNin 3 08 20,17 D 2 E/kP Check Regitsteir/kdirNin 3 08 20,17 Type BackU IMateir4� BackU IMateir4� 03108117 CC AGENDA PACKET PG 94 7/74/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654209 10O47BAKERSF|ELD ORCHARD LTD LLC Feb 3.2017 $2.877.61 654210 10037 CARLENECARLSDN Feb 3, 2017 $160D0 654211 29187CASTELLANDS.K8ANUELA Feb 3.2017 $3.342D0 654212 10O47 CHESTER LANE ARTS Feb 3.2017 $78.87 654213 10047 CLAYPDDL, JOHN Feb 3, 2017 $97.76 654214 28108 CDNSTANT|ND, TER| Feb 3, 2017 $955.50 654215 10047 DDUBLETREE HOTEL BAKERSF|ELD Feb 3.2017 $1.786.23 654216 24281 DUNN-YDNKE.DEBR4 Feb 3.2017 $84D0 654217 16862 HEALTHCDK8P INC Feb 3, 2017 $166.32 654218 10037 HOMETOWN PLUMBING Feb 3.2017 $400D0 654219 10047NASPAT|NC Feb 3.2017 $141D9 654220 10114D'DDNLEY.LDN| Feb 3.2017 $39D0 654221 10047 PHYSICIANS AUTOMATED LAB INC Feb 3.2017 $1.396.68 654222 10037 R4K8|RDR4K8DS Feb 3.2017 $40D0 654223 28920 S|K8S, RONALD Feb 3, 2017 $68.25 654224 70187 STANS DISCOUNT PLUMBING Feb 3, 2017 $400D0 654225 10O47TG|FAUTOMOTIVE Feb 3.2017 $49.49 654226 10047 TYLER, LISA SELF Feb 3, 2017 $23.60 654227 10O47 VALERO #3074 Feb 3.2017 $1.132.47 654228 28829 VASC)UEZ, RDGAR|D Feb 3, 2017 $16.90 654229 10047 VDGELELECTR|C Feb 3, 2017 $62.23 654230 10O47VVVV HARPER POOLS Feb 3.2017 $115.46 654231 70031 WALLACE & SMITH CONTRACTORS Feb 3.2017 $300D0 654232 25541 VVATTS, BOBBY Feb 3, 2017 $4875 654233 28865 BLUE SHIELD DFCALIFORNIA Feb 3.2017 $6.11291 654234 28865 BLUE SHIELD DFCALIFORNIA Feb 3.2017 $586.67388 654235 28865 BLUE SHIELD DFCALIFORNIA Feb 3.2017 $5.23664 654236 10292 CITY OF BAKERSF|ELD Feb 3, 2017 $27900 654237 29186 ENCANTD INVESTMENTS, LLC Feb 3.2017 $11.21596 654238 12857 KA|SERPERK8ANENTE Feb 3.2017 $37.07758 654239 12857 KA|SERPERK8ANENTE Feb 3.2017 $1.19476 654240 10113 MEDICAL EYE SERVICE COMPANY Feb 3.2017 $11178 654241 10113 MEDICAL EYE SERVICE COMPANY Feb 3.2017 $1725 654242 28ACELECTRIC COMPANY Feb A.2017 $7.12800 654243 21453ACDSTA.DAVID Feb A.2017 $10749 654244 28831 ADVANCED INDUSTRIAL SERVICES Feb A.2017 $60912 654245 1ASASALEK8AN.KIM Feb A.2017 $10433 654246 1S0 ALL THAT LETTERING SIGN CDK8PNY Feb A.2017 $78320 654247 2A145 ALL TREE CARE Feb A.2017 $7.43600 654248 20182ALDN ASPHALT BAKERSF|ELDINC Feb A.2017 $3.83451 654249 23588 ALUMINUM CHUCK WAGON Feb A.2017 $1.23750 654250 23222ALVAR4DD.GABR|EL Feb A.2017 $55000 654251 2S375 AMERICAN BUILDING MAINTENANCE INC Feb A.2017 $1.53918 654252 A88 AMERICAN HEALTHCARE PRODUCTS Feb A.2017 $1.07691 654253 13049 ARK8A COATINGS DF BAKERSF|ELD Feb 9, 2017 $402.19 654254 53S AVERY ASSOCIATES Feb A.2017 $4.21338 654255 25180 B&R SUPPLY INC Feb A.2017 $2038 654256 S75BAKERSF|ELDCALIFORNIAN Feb A.2017 $2.12088 654257 841 BAKERSF|ELDRUBBER STAMP CO Feb A.2017 $15015 654258 875BAKERSF|ELD TRUCK CENTER Feb A.2017 $12074 654259 28807 BALLARD, VV|LL|AK8 R Feb 9, 2017 $18000 654260 557 BARC Feb A.2017 $74490 S:\Accounting\KAROL\Admin Council\017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 95 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654261 945 ARNETT'S TOWING SERVICE INC Feb 9, 2017 $35.00 654262 14470 BAUER COMPRESSORS INCORPORATED Feb 9, 2017 $5,585.94 654263 29024 BLANTON,ALEX Feb 9, 2017 $180.00 654264 21328 BLOOMER, MICHAEL Feb 9, 2017 $370.00 654265 22817 BORN AGAIN BODYWORKS Feb 9, 2017 $516.96 654266 29194 BRILLANTES, JAMES Feb 9, 2017 $180.00 654267 1297 BROWN, DANNY Feb 9, 2017 $567.00 654268 15684 BUCKS LANDSCAPE MATERIALS Feb 9, 2017 $427.80 654269 23090 BURTONS FIRE INC Feb 9, 2017 $188.24 654270 5737 C M R T A Feb 9, 2017 $100.00 654271 1477 CAL VALLEY EQUIPMENT INC Feb 9, 2017 $482.64 654272 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Feb 9, 2017 $3,185.50 654273 1695 CALIFORNIA WATER SERVICE CO Feb 9, 2017 $104,368.00 654274 1803 CASCADE FIRE EQUIPMENT CO Feb 9, 2017 $337.71 654275 29025 CATER, JASON Feb 9, 2017 $70.00 654276 27074 CEN -CAL CONSTRUCTION INC Feb 9, 2017 $96,123.41 654277 28994 CENTRAL VALLEY ENVIRONMENTAL Feb 9, 2017 $277,800.00 654278 1888 CHAMPION HARDWARE Feb 9, 2017 $400.56 654279 23786 CHART INDUSTRIES Feb 9, 2017 $2,584.96 654280 29017 CLEAN WRIGHT SERVICE Feb 9, 2017 $346.00 654281 2050 CLIFFORD & BROWN Feb 9, 2017 $60.40 654282 17380 COMPUTERLAND OF SILICON VALLEY Feb 9, 2017 $4,437.63 654283 29132 CORONA CLAY COMPANY Feb 9, 2017 $5,655.00 654284 4433 COUNTY OF KERN ENVIRONMENTAL Feb 9, 2017 $12,565.70 654285 26855 CRASH DATA GROUPINC Feb 9, 2017 $899.00 654286 10285 CRIDER CONSTRUCTION INC Feb 9, 2017 $13,394.75 654287 22578 CRITICAL REACH INC Feb 9, 2017 $825.00 654288 2245 CROCKER JANITORIAL SUPPLY CO Feb 9, 2017 $3,145.97 654289 22504 CROP PRODUCTION SERVICES INC Feb 9, 2017 $4,837.50 654290 27218 CUMMINS PACIFIC LLC Feb 9, 2017 $23.39 654291 27296 D & D DISPOSAL INC Feb 9, 2017 $880.00 654292 25337 DAVES FLEET MAINT & TOWING INC Feb 9, 2017 $110.00 654293 11954 DEPARTMENT OF INDUSTRIAL RELATIONS Feb 9, 2017 $675.00 654294 24213 DIAMOND H HAULING Feb 9, 2017 $1,200.00 654295 21765 DOW, AARON Feb 9, 2017 $180.00 654296 18544 DUANE MORRIS LLP Feb 9, 2017 $112,116.42 654297 29111 ENVIROTEK CORPORATION Feb 9, 2017 $2,444.60 654298 29141 ESPARZA, JORGE Feb 9, 2017 $360.00 654299 2830 EWING IRRIGATION PRODUCTS Feb 9, 2017 $97.69 654300 2901 FEDEX Feb 9, 2017 $234.34 654301 27159 FERNANDEZ, MARKO Feb 9, 2017 $107.13 654302 19657 FIRST CHOICE SERVICES INC Feb 9, 2017 $288.79 654303 25339 FLEET SERVICES TOWING INC Feb 9, 2017 $110.00 654304 16455 FLORES, JAIME Feb 9, 2017 $177.99 654305 3028 FLOYDS GENERAL STORE Feb 9, 2017 $150.83 654306 29197 FRICKSON, RANDY Feb 9, 2017 $360.00 654307 3213 GALLS, LLC Feb 9, 2017 $7,128.24 654308 26295 GARCIA, RAYMOND JR Feb 9, 2017 $10.00 654309 29193 GARDLEY, ERIC Feb 9, 2017 $180.00 654310 28064 GENERAL TREE SERVICE INC Feb 9, 2017 $8,425.00 654311 18722 GLO ALSTAR USA INC Feb 9, 2017 $69.31 654312 18893 GRIMES, JEREMY Feb 9, 2017 $115.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 9 7/74/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE 3 FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654313 35SAH&S BODY WORKS &TOWING Feb A.2017 $110D0 654314 23804 HERNANDEZ, MATTHEW Feb 9, 2017 $180D0 654315 21145 HICKS, DENNIS Feb A.2017 $51.25 654316 11582 HLUZA, CYNDEE Feb 9, 2017 $2.682.98 654317 2702SHDEFT.SHANE Feb A.2017 $180D0 654318 25159 ID WHOLESALER Feb A.2017 $280.50 654319 3969 INSTANT STORAGE Feb A.2017 $100.98 654320 20795 |PC USA INC Feb A.2017 $21.158.76 654321 28A17 JAN-PRO CLEANING SYSTEMS Feb A.2017 $1.365D0 654322 147 JIM ALFTER CEMENT CONTRACTOR Feb A.2017 $96.09935 654323 25527JTB SUPPLY CDINC Feb A.2017 $2.037.53 654324 4528 KERN COUNTY PUBLIC HEALTH SERV Feb A.2017 $132.546.04 654325 4439 KERN COUNTY WASTE MANAGEMENT Feb A.2017 $141.12 654326 4573 KERN COUNTY WATER AGENCY Feb A.2017 $9.286.59 654327 4577 KERN DELTA WATER D|ST Feb A.2017 $1.532.75 654328 4677 KERN REFUSE DISPOSAL, INC Feb 9, 2017 $6.000D0 654329 23434 K|NNEY, STEVEN P Feb 9, 2017 $146D0 654330 4875 KNIGHTS PUMPING & PDRTABLESVC INC Feb 9, 2017 $80.87 654331 29196 KDSK|E. CHRISTOPHER J Feb A.2017 $360D0 654332 12552 KURBKUT Feb A.2017 $599D0 654333 23743 LANDSCAPE DEVELOPMENT INC Feb A.2017 $1.34833 654334 28A5S LID MAINTENANCE &CONSTRUCTION Feb A.2017 $950D0 654335 15150 LDPEZ. R4UL Feb 9, 2017 $288.47 654336 1A104K8ANUEL.ROBERT Feb A.2017 $115.80 654337 5291 MARTIN &CHAPK8AN Feb A.2017 $36.13 654338 29198 K8ART|NEZ, R|CARDD Feb 9, 2017 $180D0 654339 28760 K8ED|VVASTE DISPOSAL LLC Feb A.2017 $64D0 654340 2713S METRO MEDICAL SUPPLY INC Feb A.2017 $2.477.48 654341 14119 METRO RECORD STORAGE INC Feb 9, 2017 $26D0 654342 21693 K8|CHEL.ALBERTD Feb A.2017 $550D0 654343 1316 MICHELIN NORTH AMERICA INC Feb A.2017 $7.661.90 654344 25111 K8|VVALLCDRPDRAT|DN Feb A.2017 $13.406.25 654345 16464 K8DRETT|.GAL Feb A.2017 $1.500D0 654346 27089 NEDPDST USA INC Feb A.2017 $86.71 654347 25752 N|SH|KAVVA PROPERTY MAINTENANCE INC Feb 9, 2017 $7.169D0 654348 20361 NDSGAK8ANLLP Feb A.2017 $15.663.49 654349 28052 DCHDA, R|CARDD Feb 9, 2017 $106.18 654350 10361 OPEN & SHUT ENTERPRISES Feb A.2017 $75.08 654351 28S40 OPEN TEXT CORPORATION Feb A.2017 $13.132.70 654352 22301 OVERLAND PACIFIC & CUTLER INC Feb A.2017 $328.565.95 654353 6448 PTDSALES CORP /TRUCKPRDLLC Feb A.2017 $999.27 654354 29185 PACIFIC CONSTRUCTION SERVICES INC Feb A.2017 $9.986D0 654355 6119 PACIFIC MECHANICAL Feb A.2017 $1.203.11 654356 13209 PARKHDUSE TIRE INC Feb A.2017 $2.763.56 654357 11272 PEOPLE FACTS LLC Feb A.2017 $21.67 654358 24493 PERISCOPE HOLDINGS INC Feb A.2017 $445.50 654359 24207 FILAR, JOSE Feb A.2017 $195.80 654360 27911 PDRTERV|LLEFDRD Feb A.2017 $1.429.02 654361 24181 PDULDS, NICK Feb 9, 2017 $360D0 654362 20713 R4ND\^STDVV|NG Feb A.2017 $210D0 654363 3249 RAYGASK|N SERVICE INC Feb A.2017 $348.87 654364 6682 RAYK8DNDS TROPHY AND AWARDS Feb A.2017 $918.52 S:\Accounting\KAROL\Admin Council\017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 97 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654365 29099 ROTATIONAL MOLDING INC Feb 9, 2017 $29,655.05 654366 6915 ROUND -UP FEED AND PET SUPPLY Feb 9, 2017 $332.41 654367 28665 ROUTE READY PARTS Feb 9, 2017 $6,972.33 654368 27361 SC FUELS Feb 9, 2017 $10,809.62 654369 7189 SCHWEBEL PETROLEUM CO Feb 9, 2017 $133.00 654370 7434 SMART & FINAL IRIS COMPANY Feb 9, 2017 $617.81 654371 26043 SMITH, MATTHEW Feb 9, 2017 $360.00 654372 22473 SOILS ENGINEERING INC Feb 9, 2017 $5,030.00 654373 29190 STATE FARM INSURANCE AS SU ROGEE Feb 9, 2017 $4,356.90 654374 7660 STETSON ENGINEERS INC Feb 9, 2017 $330.00 654375 7667 STEVENS WATER MONITORING SYSTE Feb 9, 2017 $5,080.71 654376 19143 SUZETTE'S CLEANERS Feb 9, 2017 $400.95 654377 8180 T & T TRUCK AND CRANE INC. Feb 9, 2017 $646.80 654378 29053 TATES JANITORIAL SERVICE Feb 9, 2017 $4,058.33 654379 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Feb 9, 2017 $78.19 654380 28733 TELELANGUAGE INC Feb 9, 2017 $938.52 654381 25338 TEN EIGHT TOW INC Feb 9, 2017 $35.00 654382 6732 THE REGENTS OF THE UNIVERSITY OF C Feb 9, 2017 $1,470.00 654383 29117 THE UPS STORE #5010 Feb 9, 2017 $73.61 654384 7999 THREE -WAY CHEVROLET Feb 9, 2017 $20.65 654385 17175 THYSSENKRUPP ELEVATOR INC Feb 9, 2017 $1,296.99 654386 18773 TRANE COMPANY INC Feb 9, 2017 $1,800.92 654387 21369 TRANS -WEST SECURITY INC Feb 9, 2017 $546.60 654388 96 TYACK TIRES INC Feb 9, 2017 $687.27 654389 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 9, 2017 $2,277.66 654390 584 ULINE SHIPPING SUPPLY Feb 9, 2017 $550.79 654391 8319 UNITED PARCEL SERVICE Feb 9, 2017 $31.51 654392 10428 UNITED REFRIGERATION INC Feb 9, 2017 $98.05 654393 26060 VANGUARD CLEANING SYSTEMS INC Feb 9, 2017 $450.00 654394 16625 VICTORY CIRCLE INC Feb 9, 2017 $119.85 654395 15482 VULCAN MATERIALS CO Feb 9, 2017 $4,747.49 654396 25253 WEGIS, JONATHAN Feb 9, 2017 $360.00 654397 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 9, 2017 $664.58 654398 16906 WILLIAMS, JOHN G Feb 9, 2017 $135.00 654399 28629 WOODRUFF SPRADLIN & SMART Feb 9, 2017 $7,654.10 654400 22612 YOON, PAUL Feb 9, 2017 $90.00 654401 537 A T & T Feb 9, 2017 $374.44 654402 6129 AT&T Feb 9, 2017 $2,873.37 654405 78 ADVANCED DISTRIBUTION CO Feb 9, 2017 $13,989.37 654406 12516 AIMS Feb 9, 2017 $32,472.41 654407 12516 AIMS Feb 9, 2017 $40.50 654409 290 AMERICAN PUBLIC WORKS ASSN Feb 9, 2017 $3,040.00 654410 10199 BAKERSFIELD CITY EMPLOYEE Feb 9, 2017 $2,499.00 654413 21172 BLACKHOLE TECHNOLOGIES INC Feb 9, 2017 $6,769.76 654420 1696 CALIFORNIA WATER SERVICE Feb 9, 2017 $41,780.85 654421 11937 CITY OF BAKERSFIELD Feb 9, 2017 $9,399.00 654422 22670 CROSSTOWN ELECTRICAL & DATA Feb 9, 2017 $287,267.23 654423 22670 CROSSTOWN ELECTRICAL & DATA Feb 9, 2017 $34,974.58 654424 2714 EAST NILES COMMUNITY SERVICES Feb 9, 2017 $106.76 654426 7509 GAS COMPANY Feb 9, 2017 $2,553.80 654428 3358 GILLIAM & SONS INC Feb 9, 2017 $90,244.20 654429 28263 GREEN GRASS LAWN CARE Feb 9, 2017 $1,430.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 033108117 CC AGENDA PACKET PG 98 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654430 14540 HOOSE NEWS SERVICE Feb 9, 2017 $83.85 654431 17402 1 M S A CERTIFICATION Feb 9, 2017 $1,060.00 654432 23777 NATIONAL FISH & WILDLIFE FOUNDATION Feb 9, 2017 $17,800.00 654433 18230 OILDALE MUTUAL WATER COMPANY Feb 9, 2017 $37.38 654434 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 9, 2017 $582.34 654435 8785 PARRA, ESTHER PETTY CASH Feb 9, 2017 $99.61 654436 27742 PATRICK T PAW & CAROLINE M WONG Feb 9, 2017 $496.31 654437 28567 PRESORT CENTER OF FRESNO LLC Feb 9, 2017 $12,000.00 654438 29188 RANDY ,DUSTIN &BONY- NICHOLE QUINTANA Feb 9, 2017 $2,215.00 654439 29188 RANDY ,DUSTIN &BONY- NICHOLE QUINTANA Feb 9, 2017 $9,174.32 654440 7096 SJVAPCD Feb 9, 2017 $384.00 654441 7103 SJVAPCD Feb 9, 2017 $74.90 654442 7637 SWRCB - STORM WATER SECTION Feb 9, 2017 $220.00 654443 7637 SWRCB - STORM WATER SECTION Feb 9, 2017 $575.00 654444 29061 VAN FOSSEN, TIFFANY Feb 9, 2017 $339.99 654445 8611 VAUGHN WATER CO., INC. Feb 9, 2017 $41.97 654446 20601 VERIZON WIRELESS Feb 9, 2017 $18,557.26 654449 14647 WAXIE SANITARY SUPPLY INC Feb 9, 2017 $7,394.74 654450 10047 ADVANCE PEGBOARD PRINTING Feb 10, 2017 $60.57 654451 10047 B & F HOBBY Feb 10, 2017 $270.41 654452 29192 CHRISO'S TREE TRIMMING Feb 10, 2017 $6,802.50 654453 10047 COROTTO COMPANY INC Feb 10, 2017 $161.02 654454 10047 FORE J DEV LLC Feb 10, 2017 $118.00 654455 3403 GOLDEN STATE PETERBILT Feb 10, 2017 $861.09 654456 3452 GRAY AR ELECTRIC COMPANY Feb 10, 2017 $242.92 654457 10037 GREATER BAKERSFIELD LEGAL ASSISTANC Feb 10, 2017 $235.00 654458 24139 GUTIERREZ TIRE & WHEEL INC Feb 10, 2017 $2,210.00 654459 10047 HALLI URTON ES #15290 Feb 10, 2017 $556.94 654460 3660 HARBOR FREIGHT TOOLS Feb 10, 2017 $288.68 654461 25660 HORIZON WATER & ENVIRONMENT LLC Feb 10, 2017 $7,434.19 654462 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 10, 2017 $63.68 654463 4435 KERN COUNTY CLERKS Feb 10, 2017 $150.00 654464 4581 KERN ELECTRIC DISTRIBUTORS Feb 10, 2017 $1,893.34 654465 7492 KERN MACHINERY INC Feb 10, 2017 $225.65 654466 4680 KERN RIVER POWER EQUIPMENT INC Feb 10, 2017 $401.18 654467 4740 KERN TURF SUPPLY Feb 10, 2017 $7,170.38 654468 4861 KISCO SALES INC Feb 10, 2017 $41.31 654469 10047 KNIGHT, JOHN L Feb 10, 2017 $46.77 654470 22602 MCCORMICK BARSTOW LLP Feb 10, 2017 $104.04 654471 7064 MERCHANTS PRINTING & ENVELOPE Feb 10, 2017 $474.14 654472 5547 MINUTEMAN PRESS Feb 10, 2017 $220.73 654473 10047 MISH FUNERAL HOME - SOUTHWEST Feb 10, 2017 $201.54 654474 5688 MOTION INDUSTRIES INC Feb 10, 2017 $867.41 654475 5687 MOTOR CITY SALES & SERVICE Feb 10, 2017 $424.15 654476 24279 O'REILLY AUTO PARTS Feb 10, 2017 $224.11 654477 10047 PORTER, FRED OR SAUNDRA Feb 10, 2017 $117.28 654478 70070 RALPH B WEGIS LAW OFFICES Feb 10, 2017 $224.47 654479 10047 REPLAY LOUNGE /QUALITY INN Feb 10, 2017 $349.16 654480 10047 RESIDENCE INN /MARRIOTT Feb 10, 2017 $363.41 654481 70321 RICH ENVIRONMENTAL SERVICE STATION Feb 10, 2017 $729.00 654482 10037 ROBERT MCCORMACK Feb 10, 2017 $302.00 654483 10047 ROBERTS AND JAMES CPA Feb 10, 2017 $14.51 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 033108117 CC AGENDA PACKET PG 99 7/74/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE 6 FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654484 10047 SHADOW RIDGE LTD Feb 10, 2017 $2,202.01 654485 10047 S|NGH,4ULAKH, RUP|NDERJ|T Feb 10, 2017 $200D0 654486 10047 SUN TRAIL INC Feb 10, 2017 $58.61 654487 26944 SVVANSDND'DELL Feb 10, 2017 $315.08 654488 2AO88 TODD GROUNDWATER Feb 10.2017 $75430 654489 10O47 WOO, GEORGE Feb 10.2017 $63.04 654490 10037 YUHLCARRLLP Feb 10, 2017 $9536 654491 10047 DEACON CORPORATION Feb 10, 2017 $2.507.10 654493 3427 GR4|NGER INC, VVVV Feb 10, 2017 $3.017.76 654496 7933 HOME DEPOT Feb 10, 2017 $2.301.67 654497 24241 HUB INTERNATIONAL Feb 10, 2017 $148.68 654498 10047 ICE BU|LDERS-VVALK8ART#313A Feb 10.2017 $5.823.79 654499 4550 KC SDS Feb 10.2017 $1.438.57733 654500 10047 LAGALDE.RDCHELLE Feb 10, 2017 $209D9 654503 15624 LDVVE'S HOME IMPROVEMENT Feb 10, 2017 $4.217.74 654509 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 10. 2017 $259.317.50 654510 10O47VVAVECDINC Feb 10.2017 $251.24 654511 10204 ASSOCIATION BKFD POLICE OFFICER FCU Feb 10.2017 $14.67330 654512 10211 BAKERSF|ELDF|REK8EN Feb 10.2017 $9.092.74 654513 1020OBAKERSF|ELDFIREMEN RELIEF ASS Feb 10.2017 $8.556.52 654514 10203 BAKERSF|ELD POLICE BENEFIT Feb 10, 2017 $24.665.15 654515 10205 MUTUAL BENEFIT ASSOCIATION Feb 10, 2017 $1.732.21 654516 26810 REL|ASTARL|FE INSURANCE CO Feb 10, 2017 $859.83 654517 22324 SBU LOCAL 521 Feb 10, 2017 $20.466.20 654518 534AT&T Feb 16,2017 $75D0 654519 27712A,1 PRECISION BUILDERS Feb 1S.2017 $760D0 654520 18S43ABSH|RE.CHRISTINA Feb 1S.2017 $135D0 654521 25208 ACCESS CONTROLS INC Feb 1S.2017 $662D0 654522 29201 ACCLAIM RESOURCE PARTNERS AS Feb 1S.2017 $2.294.95 654523 15433 ADVANCE MOBILE SECURITY Feb 1S.2017 $85.75 654524 160 ALL THAT LETTERING SIGN CDK8PNY Feb 16. 2017 $25833 654525 20182ALDN ASPHALT BAKERSF|ELDINC Feb 1S.2017 $1.798.83 654526 1SAA5 ALPINE TREE &TRACTOR SERVICE Feb 1S.2017 $4.031D0 654527 23588 ALUMINUM CHUCK WAGON Feb 1S.2017 $2.092.24 654528 273SS AMERICAN MESSAGING Feb 1S.2017 $173.04 654529 28789 AMERICAN ROAD MAINTENANCE Feb 1S.2017 $2.965D5 654530 2A5 AMERICAN SAFETY SERVICES INC Feb 1S.2017 $74.47 654531 340AK8ER|GAS Feb 1S.2017 $128.70 654532 17585AK8ER|NAT|DNAL COMMUNITY SERVINC Feb 1S.2017 $1.121.27 654533 1304AARK8A COATINGS DFBAKERSF|ELD Feb 1S.2017 $2.010.95 654534 523ATCDINTERNATIONAL Feb 1S.2017 $157.70 654535 53S AVERY ASSOCIATES Feb 1S.2017 $3.150D0 654536 240 B & G MACHINE &WELDING Feb 16. 2017 $754.08 654537 655 BAS E-BAKERSF|ELDATHLET|C SUP EC) Feb 16. 2017 $409.13 654538 675 BAKERSF|ELDCAL|FDRN|AN Feb 1S.2017 $1.029.76 654539 841 BAKERSF|ELDRUBBER STAMP CO Feb 1S.2017 $103.82 654540 857 BAKERSF|ELD S P CA Feb 16. 2017 $65.390D0 654541 29207 BAK8ER, ELAINE Feb 1S.2017 $135D0 654542 557 BARC Feb 16. 2017 $118.25 654543 13424 BARNES WELDING SUPPLY Feb 1S.2017 $71.51 654544 945 BARNETT'STDVV|NG SERVICE INC Feb 16. 2017 $35D0 654545 28231 BIG BRAND TIRE CD Feb 16. 2017 $120D0 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 100 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654546 21172 BLACKHOLE TECHNOLOGIES INC Feb 16, 2017 $4,416.22 654547 28341 BOB'S AUTO GLASS INC Feb 16, 2017 $505.94 654548 1175 BOBS WHOLESALE AUTO GLASS Feb 16, 2017 $175.00 654549 18692 BOUND TREE MEDICAL LLC Feb 16, 2017 $1,463.12 654550 10508 BOYD, DAVID LEE & RUTH BOYD Feb 16, 2017 $918.10 654551 23051 BRENNTAG PACIFIC Feb 16, 2017 $416.28 654552 16565 BTE COMMUNICATIONS Feb 16, 2017 $190.00 654553 10267 BUDGET BOLT INC Feb 16, 2017 $12.09 654554 1359 BUDS BRAKE & WHEEL PARTS Feb 16, 2017 $81.51 654555 23090 BURTONS FIRE INC Feb 16, 2017 $158.11 654556 1477 CAL VALLEY EQUIPMENT INC Feb 16, 2017 $168.79 654557 29208 CEGIELSKI, MEGAN Feb 16, 2017 $135.00 654558 1888 CHAMPION HARDWARE Feb 16, 2017 $345.87 654559 13936 CLIFFORD & BRADFORD INSURANCE INC Feb 16, 2017 $1,000.00 654560 11167 COLES ENVIRONMENTAL Feb 16, 2017 $75.00 654561 12532 COUNTY OF KERN INFORMATION Feb 16, 2017 $12,000.00 654562 27839 CRITTERS WITHOUT LITTERS Feb 16, 2017 $2,600.00 654563 27218 CUMMINS PACIFIC LLC Feb 16, 2017 $3,765.87 654564 18646 DAVENPORT, REX Feb 16, 2017 $250.00 654565 25337 DAVES FLEET MAINT & TOWING INC Feb 16, 2017 $75.00 654566 4140 DAVID JANES COMPANY Feb 16, 2017 $176.84 654567 29209 DAVIS, APRIL Feb 16, 2017 $135.00 654568 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 16, 2017 $4,217.37 654569 29205 DEM OSKY, RYAN Feb 16, 2017 $360.00 654570 2469 DEPARTMENT OF JUSTICE Feb 16, 2017 $1,940.98 654571 10723 DOUGHERTY, JOSEPH Feb 16, 2017 $450.00 654572 29206 EGANA, GENEVIEVE Feb 16, 2017 $89.12 654573 2752 ELBERT DISTRIBUTING Feb 16, 2017 $66.02 654574 22598 ENGEL & COMPANY Feb 16, 2017 $1,750.00 654575 2811 ENTENMANN ROVIN CO Feb 16, 2017 $130.74 654576 21037 ESGUERRA, FRANCISCO Feb 16, 2017 $135.00 654577 2901 FEDEX Feb 16, 2017 $57.45 654578 28511 FIRST ADVANTAGE BACKGROUND Feb 16, 2017 $66.00 654579 19657 FIRST CHOICE SERVICES INC Feb 16, 2017 $400.74 654580 25339 FLEET SERVICES TOWING INC Feb 16, 2017 $70.00 654581 27788 FLOW N CONTROL INC Feb 16, 2017 $4,609.61 654582 3028 FLOYDS GENERAL STORE Feb 16, 2017 $13.92 654583 21457 FUNCTIONAL ERGONOMICS INC Feb 16, 2017 $900.00 654584 29092 GEI CONSULTANTS INC Feb 16, 2017 $799.34 654585 3358 GILLIAM & SONS INC Feb 16, 2017 $7,280.00 654586 28898 GODINEZ LAW Feb 16, 2017 $1,544.75 654587 28714 GOLDEN STATE GOLF ASSOCIATION Feb 16, 2017 $1,000.00 654588 3403 GOLDEN STATE PETERBILT Feb 16, 2017 $29.00 654589 28262 GONZALES, AMANDA Feb 16, 2017 $135.00 654590 3452 GRAY AR ELECTRIC COMPANY Feb 16, 2017 $84.15 654591 24247 DREGS PETROLEUM SERVICES INC Feb 16, 2017 $6,509.67 654592 19069 GUEVARA, JUAN Feb 16, 2017 $193.02 654593 24139 GUTIERREZ TIRE & WHEEL INC Feb 16, 2017 $1,509.00 654594 3569 H & S BODY WORKS & TOWING Feb 16, 2017 $105.00 654595 3579 HACH COMPANY Feb 16, 2017 $1,505.48 654596 162 HADDAD DODGE Feb 16, 2017 $245.26 654597 13791 HALE, MICHAEL Feb 16, 2017 $1,200.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 101 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654598 3660 HARBOR FREIGHT TOOLS Feb 16, 2017 $229.04 654599 27007 HARRELSON, PATRICK Feb 16, 2017 $282.00 654600 3750 HENRY LEASING & MFG CO Feb 16, 2017 $241.00 654601 23804 HERNANDEZ, MATTHEW Feb 16, 2017 $180.00 654602 7933 HOME DEPOT Feb 16, 2017 $616.67 654603 29170 INDUSTRIAL HEARING & PULMONARY MGMT Feb 16, 2017 $60.00 654604 3969 INSTANT STORAGE Feb 16, 2017 $100.99 654605 20795 IPC USA INC Feb 16, 2017 $20,628.38 654606 18653 JONES, JAMES Feb 16, 2017 $250.00 654607 4243 JORGENSEN & CO Feb 16, 2017 $43.26 654608 4254 JUDICIAL DATA SYSTEMS CORPORAT Feb 16, 2017 $477.36 654609 28989 K & I SERVICES INC Feb 16, 2017 $8,940.00 654610 19554 K & R TOWING Feb 16, 2017 $1,095.00 654611 26914 KAHANIC, NICHOLAS Feb 16, 2017 $370.00 654612 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 16, 2017 $449.03 654613 4500 KERN COUNTY FIRE DEPARTMENT Feb 16, 2017 $27,445.01 654614 4581 KERN ELECTRIC DISTRIBUTORS Feb 16, 2017 $2,478.24 654615 7492 KERN MACHINERY INC Feb 16, 2017 $190.02 654616 4677 KERN REFUSE DISPOSAL, INC Feb 16, 2017 $1,336,558.23 654617 4680 KERN RIVER POWER EQUIPMENT INC Feb 16, 2017 $244.88 654618 4740 KERN TURF SUPPLY Feb 16, 2017 $52.02 654619 4750 KERN VALLEY SUN Feb 16, 2017 $64.60 654620 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 16, 2017 $52.00 654621 70078 KNIGHTS PUMPING & PORTABLE SVC INC Feb 16, 2017 $82.87 654622 14219 L A GRINDING INC Feb 16, 2017 $245.00 654623 12553 LEAGUE OF CALIFORNIA CITIES Feb 16, 2017 $1,331.00 654624 27643 LENCO ARMORED VEHICLES Feb 16, 2017 $68.15 654625 1030 LEXISNEXIS MATTHEW BENDER & CO Feb 16, 2017 $1,312.20 654626 5133 LOOP ELECTRIC INC Feb 16, 2017 $1,200.00 654627 27465 LR APPAREL Feb 16, 2017 $78.56 654628 5328 MCCAIN TRAFFIC SUPPLY Feb 16, 2017 $268.76 654629 28760 MEDIWASTE DISPOSAL LLC Feb 16, 2017 $35.00 654630 7064 MERCHANTS PRINTING & ENVELOPE Feb 16, 2017 $223.08 654631 14119 METRO RECORD STORAGE INC Feb 16, 2017 $182.00 654632 18520 METROPOLITAN RECYCLING LLC Feb 16, 2017 $14,525.23 654633 5486 METTLER TOLEDO LLC Feb 16, 2017 $285.00 654634 19252 MEYER CIVIL ENGINEERING INC Feb 16, 2017 $8,955.00 654635 24077 MICHEL AUTO TECH Feb 16, 2017 $1,584.48 654636 1316 MICHELIN NORTH AMERICA INC Feb 16, 2017 $3,261.50 654637 5547 MINUTEMAN PRESS Feb 16, 2017 $404.17 654638 28473 MOTOE, CHRISTOPHER Feb 16, 2017 $1,604.00 654639 28984 MORALES & MORALES GARDENING Feb 16, 2017 $2,700.00 654640 28454 MORMASTRO TRANSPORTAT INC Feb 16, 2017 $1,750.00 654641 5687 MOTOR CITY SALES & SERVICE Feb 16, 2017 $343.92 654642 885 MSC INDUSTRIAL SUPPLY CO INC Feb 16, 2017 $464.40 654643 24309 NAVIGATORS PRINT & DESIGN, INC Feb 16, 2017 $187.69 654644 27466 O'NEAL /AZONIC Feb 16, 2017 $160.13 654645 24279 O'REILLY AUTO PARTS Feb 16, 2017 $289.85 654646 10361 OPEN & SHUT ENTERPRISES Feb 16, 2017 $85.00 654647 6448 P T O SALES CORP / TRUCKPRO LLC Feb 16, 2017 $1,333.48 654648 6122 PACIFIC POWER INC Feb 16, 2017 $49.31 654649 29210 PAGLIA, JEFFREY Feb 16, 2017 $135.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 102 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654650 27386 PATRIOT ENVIRONMENTAL SERVICES Feb 16, 2017 $2,143.75 654651 28723 PATTERSON, JAMIE Feb 16, 2017 $95.00 654652 25270 PENINSULA MESSENGER INC Feb 16, 2017 $410.40 654653 29211 PETERSON, DAVID Feb 16, 2017 $135.00 654654 27911 PORTERVILLE FORD Feb 16, 2017 $958.37 654655 28567 PRESORT CENTER OF FRESNO LLC Feb 16, 2017 $377.63 654656 14116 PRIMETIME SIGNS INC Feb 16, 2017 $1,959.19 654657 26310 QUALITY MACHINERY CENTER INC Feb 16, 2017 $12,922.53 654658 29191 RANGE ORDINANCE CLEANUP Feb 16, 2017 $14,472.00 654659 6680 RAY ALLEN MANUFACTURING CO, IN Feb 16, 2017 $453.89 654660 6682 RAYMONDS TROPHY AND AWARDS Feb 16, 2017 $6.00 654661 28480 READY REFRESH Feb 16, 2017 $456.45 654662 19224 REDFLEX INC Feb 16, 2017 $62,373.92 654663 6617 RLH FIRE PROTECTION Feb 16, 2017 $2,248.00 654664 18891 ROARK, MELISSA Feb 16, 2017 $135.00 654665 29099 ROTATIONAL MOLDING INC Feb 16, 2017 $29,988.39 654666 6915 ROUND -UP FEED AND PET SUPPLY Feb 16, 2017 $66.48 654667 28665 ROUTE READY PARTS Feb 16, 2017 $3,357.34 654668 13860 RUETTGERS & SCHULER CIVIL ENG Feb 16, 2017 $1,692.44 654669 27361 SC FUELS Feb 16, 2017 $8,391.51 654670 22839 SECURITY PAVING CO, INC Feb 16, 2017 $2,017,540.22 654671 17273 SEQUOIA SANDWICH COMPANY Feb 16, 2017 $55.60 654672 26203 SIERRA CONST & EXCAVATION INC Feb 16, 2017 $36,070.67 654673 25239 SMITH, TAMIA Feb 16, 2017 $95.00 654674 18507 SNAP -ON INDUSTRIAL Feb 16, 2017 $833.90 654675 23456 SORENSON,VERNON MD INC Feb 16, 2017 $175.00 654676 18357 SOUTHWEST VETERINARY HOSPITAL Feb 16, 2017 $51.00 654677 11907 SPARKLETTS /SIERRA SPRINGS Feb 16, 2017 $574.41 654678 7586 SPECIALTY TRIM & AWNING INC Feb 16, 2017 $482.63 654679 7609 SPRINT Feb 16, 2017 $150.00 654680 28923 STARS AND STRIPS TREE CARE Feb 16, 2017 $1,200.00 654681 7727 SUN BADGE CO Feb 16, 2017 $62.48 654682 26369 T Y LIN INTERNATIONAL INC Feb 16, 2017 $1,691.93 654683 276 TAYLOR EQUIPMENT & REPAIR, INC Feb 16, 2017 $407.89 654684 24444 TEICHERT CONSTRUCTION Feb 16, 2017 $201,071.74 654685 27973 TEMPEST INTERACTIVE MEDIA LLC Feb 16, 2017 $200.00 654686 25338 TEN EIGHT TOW INC Feb 16, 2017 $140.00 654687 7937 THE TRAILER MART Feb 16, 2017 $6,636.74 654688 29212 THOMPSON, BRANDON Feb 16, 2017 $360.00 654689 28742 TIPTON, ANDREW Feb 16, 2017 $135.00 654690 21305 TREK DIGITAL PRODUCTS INC Feb 16, 2017 $18.22 654691 20359 TURF STAR INC Feb 16, 2017 $56,795.27 654692 96 TYACK TIRES INC Feb 16, 2017 $1,313.17 654693 29109 UNIFIED FIELD SERVICES CORPORATION Feb 16, 2017 $36,841.00 654694 26780 UNIVERSAL BACKGROUND SCREENING INC Feb 16, 2017 $69.70 654695 29202 UPS STORE 5039 Feb 16, 2017 $101.57 654696 8391 URNERS APPLIANCE CENTER Feb 16, 2017 $1,023.17 654697 8520 VALLEY POWER SYSTEMS, INC Feb 16, 2017 $125.00 654698 15132 VALLEY PROPANE SERVICE Feb 16, 2017 $57.90 654699 21202 WASTEWATER TECHNOLOGY TRAINERS Feb 16, 2017 $750.00 654700 29213 WATKINS, AARON Feb 16, 2017 $2,647.25 654701 23378 WEST COAST COMMUNITY BUILDERS Feb 16, 2017 $89,527.05 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 103 7/74/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE 10 FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654702 26447 VVESTCDASTHYDR4UL|CS Feb 16. 2017 $558.97 654703 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 16. 2017 $49.42 654704 27347 WILLIAMS, RENEE Feb 1S.2017 $108.22 654705 12585VVDDLARD.BOBBY Feb 1S.2017 $205D0 654706 2SAOA YORK RISK SERVICES GROUP INC Feb 1S.2017 $12.87631 654707 A234ZALCD LABORATORIES INC Feb 1S.2017 $195D0 654708 25879 ZDDK8 IMAGING SOLUTIONS, INC. Feb 1S.2017 $6.667.73 654709 28860AT&T Feb 16,2017 $15.12733 654711 78 ADVANCED DISTRIBUTION CO Feb 1S.2017 $7.707.79 654712 1SS02ASCEMEMBERSHIP Feb 1S.2017 $295D0 654717 1SAS CALIFORNIA WATER SERVICE Feb 1S.2017 $21.50038 654718 1941 CHEVRON USA Feb 1S.2017 $684.80 654719 1944 CHICAGO TITLE COMPANY INC Feb 16. 2017 $60.000D0 654720 11937 CITY OF BAKERSF|ELD Feb 16. 2017 $26.88 654721 11937 CITY OF BAKERSF|ELD Feb 16. 2017 $2.684.77 654722 2714 EAST NILES COMMUNITY SERVICES Feb 1S.2017 $1.259.70 654723 26312 EPIC AVIATION INC Feb 1S.2017 $10433 654724 2959 FIRST AMERICAN TITLE COMPANY Feb 1S.2017 $12.265D0 654725 29144 FISHER &TALVVARPLC CLIENT TRUST Feb 1S.2017 $38.725D0 654726 29144 FISHER &TALVVARPLC CLIENT TRUST Feb 1S.2017 $196.722D0 654728 3427 GR4|NGER INC, VVVV Feb 1S.2017 $4.645.95 654729 3450 GRANITE CONSTRUCTION INC Feb 1S.2017 $1.784.234.91 654731 3488 GREENF|ELD COUNTY WATER D|ST Feb 16. 2017 $528.68 654732 14540 HDDSENEVVS SERVICE Feb 1S.2017 $586.95 654734 15624 LDVVE'S HOME IMPROVEMENT Feb 1S.2017 $1.320.23 654736 12627 K8ARDERDS|AN &CDHEN Feb 16. 2017 $2.735.17 654737 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 16. 2017 $50.450.88 654739 6376 PIONEER PAINT Feb 1S.2017 $7.317.04 654740 7096 SJVAPCD Feb 1S.2017 $1.460D0 654741 11709 STATE OF CALIFORNIA Feb 16. 2017 $115D0 654742 8611 VAUGHNVVATER CO., INC. Feb 1S.2017 $4.208.83 654743 20601 VER|Z]NVV|RELESS Feb 1S.2017 $2.415.52 654744 30002 MEDICAL EYE SERVICE COMPANY Feb 1S.2017 $5.126.55 654745 26810 REL|ASTARL|FE INSURANCE CO Feb 1S.2017 $3.616.58 654746 30O27USBANK PARS #6746022400 Feb 1S.2017 $2.191.62 654747 30020 UNUK8 Feb 16.2017 $5.217.54 654748 10037 AIR CONTROL SERVICES Feb 17.2017 $77D0 654749 70060 ALPINE CHRISTMAS TREES Feb 17. 2017 $500D0 654750 10037 BAKERSF|ELDHDK8ELESS SHELTER Feb 17, 2017 $200D0 654751 70249 BAKERSF|ELDPLUK8B|NG CO INC Feb 17, 2017 $400D0 654752 10037 BREND|VVATSDN Feb 17, 2017 $10D0 654753 10037 CARDLKEK8N|TZ Feb 17, 2017 $5D0 654754 10037 CASEVVDRX|NC Feb 17, 2017 $300D0 654755 10037 CHER|GARRETT Feb 17, 2017 $25D0 654756 10037 CHER|GARRETT Feb 17, 2017 $5D0 654757 10037 CHRIST FIRST MINISTRIES Feb 17. 2017 $200D0 654758 10037CDBYVANCE Feb 17.2017 $200D0 654759 10037 CDSTCD WHOLESALE #S43 Feb 17. 2017 $200D0 654760 10037 CYNTHIA KENDRICK Feb 17, 2017 $200D0 654761 10037 DEB|PRDCELL Feb 17, 2017 $5D0 654762 10037 DELEDN HOUSE CLEANING Feb 17, 2017 $ADO 654763 10047 FEL|X, ENR|C)UE Feb 17, 2017 $96.25 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 104 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654764 10037 FLOOD BAKERSFIELD MINISTRIES Feb 17, 2017 $200.00 654765 10047 GO FOR IT EVENTS Feb 17, 2017 $166.16 654766 70135 GO FOR IT EVENTS Feb 17, 2017 $500.00 654767 70313 GODINEZ LAW TRUST ACCOUNT Feb 17, 2017 $1,816.00 654768 18859 HAYSLETT, BRENT Feb 17, 2017 $20.00 654769 16862 HEALTHCOMP INC Feb 17, 2017 $166.32 654770 10037 HEAVENLY PINES CHRISTMAS TREES Feb 17, 2017 $400.00 654771 10037 HOFFMAN HOSPICE Feb 17, 2017 $300.00 654772 10047 JOHN'S BURGERS Feb 17, 2017 $517.17 654773 10037 KAREN WEIL Feb 17, 2017 $200.00 654774 15335 KERN COUNTY COUNSEL Feb 17, 2017 $324.90 654775 70323 MARRIOTT BUSINESS SERVICES Feb 17, 2017 $10,000.00 654776 10037 MARY FINALES Feb 17, 2017 $200.00 654777 27493 MENJIVAR, SERGIO Feb 17, 2017 $3,880.00 654778 5765 MURPHY, DENNIS Feb 17, 2017 $250.00 654779 27624 PALMER, CATHERINE Feb 17, 2017 $87.00 654780 10037 PAUL & JULIANN ANCHORDOQUY Feb 17, 2017 $200.00 654781 10037 RACHELLE HILL Feb 17, 2017 $150.00 654782 20713 RANDY'S TOWING Feb 17, 2017 $70.00 654783 10037 RAYMOND SANDERS Feb 17, 2017 $328.00 654784 10037 REYNALDO C PULIDO Feb 17, 2017 $240.46 654785 10037 RIDGEVIEW HIGH SCHOOL MUSIC BOOSTER Feb 17, 2017 $200.00 654786 10037 RODRIGUEZ & ASSOCIATES Feb 17, 2017 $261.23 654787 29099 ROTATIONAL MOLDING INC Feb 17, 2017 $30,178.85 654788 13860 RUETTGERS & SCHULER CIVIL ENG Feb 17, 2017 $1,000.34 654789 27361 SC FUELS Feb 17, 2017 $18,315.16 654790 10047 SHARP FAMILY TRUST Feb 17, 2017 $49.38 654791 11566 SOIL CONTROL LAB INC Feb 17, 2017 $968.00 654792 25338 TEN EIGHT TOW INC Feb 17, 2017 $70.00 654793 21369 TRANS -WEST SECURITY INC Feb 17, 2017 $368.97 654794 22879 TREFZ, CRAIG Feb 17, 2017 $65.00 654795 245 TURK'S KERN COPY INC Feb 17, 2017 $633.25 654796 96 TYACK TIRES INC Feb 17, 2017 $731.05 654797 25905 VAUGHAN, RYAN Feb 17, 2017 $65.00 654798 10037 VINCENT PICCOLO Feb 17, 2017 $5.00 654799 461 CITY OF ARVIN POLICE DEPT Feb 17, 2017 $17,715.00 654800 10341 CITY OF MCFARLAND Feb 17, 2017 $53,330.00 654801 21237 CITY OF RIDGECREST Feb 17, 2017 $53,330.00 654802 7319 CITY OF SHAFTER POLICE DEPT Feb 17, 2017 $17,715.00 654803 27001 CITY OF TAFT POLICE DEPT Feb 17, 2017 $26,660.00 654804 1984 CITY OF TEHACHAPI - POLICE DEPT Feb 17, 2017 $26,660.00 654805 2468 DEPARTMENT OF JUSTICE Feb 17, 2017 $906.00 654806 70322 ESTATES AT RIO BRAVO LP Feb 17, 2017 $63,400.00 654807 4429 KERN COUNTY AUDITOR CONTROLLER Feb 17, 2017 $1,346.00 654808 10196 KERN COUNTY D A'S OFFICE Feb 17, 2017 $1,750.00 654809 10196 KERN COUNTY D A'S OFFICE Feb 17, 2017 $2,789.00 654810 4540 KERN COUNTY SHERIFF Feb 17, 2017 $26,660.00 654811 7638 STATE BOARD OF EQUALIZATION Feb 17, 2017 $2,389.00 654812 19844 VAN WYK, MITCH Feb 17, 2017 $6,466.00 654813 28 A C ELECTRIC COMPANY Feb 23, 2017 $145.00 654814 28831 ADVANCED INDUSTRIAL SERVICES Feb 23, 2017 $541.44 654815 17100 AEROS ENVIRONMENTAL INC Feb 23, 2017 $435.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 105 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654816 19496 ALL PRO CLEANING SERVICE Feb 23, 2017 $600.00 654817 160 ALL THAT LETTERING SIGN COMPNY Feb 23, 2017 $455.00 654818 25406 ALMAZAN, FIERARDO Feb 23, 2017 $1,828.13 654819 987 AMERICAN FABRICATION Feb 23, 2017 $129.00 654820 347 AMREP INC Feb 23, 2017 $180.44 654821 18201 ANIMAL EMERGENCY & URGENT CARE INC Feb 23, 2017 $376.79 654822 13049 ARMA COATINGS OF BAKERSFIELD Feb 23, 2017 $402.19 654823 520 AUTO TINT WEST INC Feb 23, 2017 $271.31 654824 675 BAKERSFIELD CALIFORNIAN Feb 23, 2017 $359.82 654825 10320 BAKERSFIELD HOMELESS CENTER Feb 23, 2017 $31,641.23 654826 841 BAKERSFIELD RUBBER STAMP CO Feb 23, 2017 $21.40 654827 857 BAKERSFIELD S P C A Feb 23, 2017 $862.02 654828 875 BAKERSFIELD TRUCK CENTER Feb 23, 2017 $119.94 654829 11248 BANKS PEST CONTROL Feb 23, 2017 $220.00 654830 557 BARC Feb 23, 2017 $96.25 654831 13424 BARNES WELDING SUPPLY Feb 23, 2017 $1,556.71 654832 945 ARNETT'S TOWING SERVICE INC Feb 23, 2017 $35.00 654833 28231 BIG BRAND TIRE CO Feb 23, 2017 $120.00 654834 21172 BLACKHOLE TECHNOLOGIES INC Feb 23, 2017 $6,505.93 654835 28341 BOB'S AUTO GLASS INC Feb 23, 2017 $674.29 654836 29219 BODY OF CHRIST Feb 23, 2017 $9,550.00 654837 22817 BORN AGAIN BODYWORKS Feb 23, 2017 $4,146.01 654838 1249 BRANDCO Feb 23, 2017 $1,143.29 654839 10267 BUDGET BOLT INC Feb 23, 2017 $595.42 654840 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Feb 23, 2017 $14,154.40 654841 28603 CALIFORNIA FUELS & LUBRICANTS Feb 23, 2017 $16,385.25 654842 1888 CHAMPION HARDWARE Feb 23, 2017 $19.31 654843 29017 CLEAN WRIGHT SERVICE Feb 23, 2017 $298.00 654844 11167 COLES ENVIRONMENTAL Feb 23, 2017 $350.63 654845 17466 COMPUTER CONFIGURATION SERVICE Feb 23, 2017 $29,945.09 654846 2253 CULLIGAN WATER CONDITIONING Feb 23, 2017 $55.20 654847 27218 CUMMINS PACIFIC LLC Feb 23, 2017 $512.31 654848 25337 DAVES FLEET MAINT & TOWING INC Feb 23, 2017 $75.00 654849 26895 DE LADE LANDEN INC Feb 23, 2017 $594.32 654850 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 23, 2017 $96.09 654851 2469 DEPARTMENT OF JUSTICE Feb 23, 2017 $441.00 654852 24854 DEWEY PEST CONTROL INC Feb 23, 2017 $696.00 654853 25742 DISCOUNT RADIATOR CENTER Feb 23, 2017 $173.75 654854 2577 DOKKEN ENGINEERING Feb 23, 2017 $7,591.48 654855 2627 DOWNTOWN BUSINESS ASSOCIATION Feb 23, 2017 $65.00 654856 20586 DYSON, DIANA L Feb 23, 2017 $142.80 654857 2772 E M THARP, INC Feb 23, 2017 $156.65 654858 2811 ENTENMANN ROVIN CO Feb 23, 2017 $267.21 654859 2901 FEDEX Feb 23, 2017 $24.62 654860 2925 FIDLER, DENNIS Feb 23, 2017 $42.50 654861 19657 FIRST CHOICE SERVICES INC Feb 23, 2017 $309.14 654862 25339 FLEET SERVICES TOWING INC Feb 23, 2017 $105.00 654863 16455 FLORES, JAIME Feb 23, 2017 $55.00 654864 3028 FLOYDS GENERAL STORE Feb 23, 2017 $149.68 654865 22966 FORENSIC NURSE SPECIALISTS INC Feb 23, 2017 $5,000.00 654866 19591 FORK LIFT SPECIALTIES INC Feb 23, 2017 $233.68 654867 29220 GARCIA JR., JAVIER Feb 23, 2017 $599.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 1 7/74/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE 13 FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654868 26295 GARC|A. RAYMOND JR Feb 23.2017 $51.68 654869 27868 GERRY, CHRISTOPHER Feb 23, 2017 $55.55 654870 3403 GOLDEN STATE PETERB|LT Feb 23, 2017 $590.94 654871 3427GR4|NGER INC, VVVV Feb 23.2017 $1.973.84 654872 3450 GRANITE CONSTRUCTION INC Feb 23, 2017 $166.94531 654873 2413AGUT|ERREZ TIRE & WHEEL INC Feb 23.2017 $527.63 654874 3569 H&S BODY WORKS &TOWING Feb 23.2017 $400D0 654875 3571 H&S HOSE & SUPPLY INC Feb 23.2017 $96.70 654876 17670 HAK8K8DNS, KENNETH Feb 23, 2017 $18231 654877 3660 HARBOR FREIGHT TOOLS Feb 23.2017 $84.65 654879 410 IBM CORP Feb 23.2017 $8.577D0 654880 24232 ICE HOUSE FRAMING &GALLERY Feb 23.2017 $710.10 654881 29170 INDUSTRIAL HEARING & PULMONARY K8GK8T Feb 23.2017 $15D0 654882 28166 INFRASTRUCTURE ENGINEERING CORP Feb 23.2017 $5.980D0 654883 3969 INSTANT STORAGE Feb 23.2017 $100.99 654884 14936 INTERNATIONAL CODE COUNCIL Feb 23.2017 $54.82 654885 20795 |PC USA INC Feb 23.2017 $43.491.29 654886 19283 JAM SERVICES INC Feb 23, 2017 $5.308.88 654887 4243 JDRGENSEN &CD Feb 23, 2017 $85.04 654888 28989 K& | SERVICES INC Feb 23, 2017 $2.235D0 654889 1A554K&RTOWING Feb 23.2017 $105D0 654890 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 23, 2017 $499.94 654891 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 23.2017 $55D0 654892 4529 KERN COUNTY PUBLIC WORKS Feb 23.2017 $163.148.62 654893 4439 KERN COUNTY WASTE MANAGEMENT Feb 23.2017 $130.946.24 654894 4577 KERN DELTA WATER D|ST Feb 23.2017 $1.586.97 654895 4581 KERN ELECTRIC DISTRIBUTORS Feb 23.2017 $54.11 654896 7492 KERN MACHINERY INC Feb 23.2017 $432.64 654897 4680 KERN RIVER POWER EQUIPMENT INC Feb 23.2017 $1.155.63 654898 4861 K|SCD SALES INC Feb 23.2017 $385.18 654899 4277 KK8E FIRE APPARATUS Feb 23, 2017 $50.19 654900 1423KUTAK ROCK LLP Feb 23.2017 $32.287.69 654901 23743 LANDSCAPE DEVELOPMENT INC Feb 23.2017 $400D0 654902 28956 LID MAINTENANCE &CONSTRUCTION Feb 23.2017 $50D0 654903 12177 L|FES|GNS INC Feb 23, 2017 $640D0 654904 15150 LDPEZ.R4UL Feb 23.2017 $10.71 654905 22497 K8&JHAND|K8ANHENRY Feb 23.2017 $250D0 654906 16016 K8C|NTDSH&ASSOCIATES Feb 23.2017 $4.632D0 654907 5359 K8CKENNEYSA|R CONDITIONING INC Feb 23.2017 $917.95 654908 5370 K8CLELLAN INDUSTRIES INC Feb 23, 2017 $15.312.53 654909 7064 MERCHANTS PRINTING &ENVELOPE Feb 23.2017 $1.968.20 654910 19252 MEYER CIVIL ENGINEERING INC Feb 23, 2017 $3.172.50 654911 1316 MICHELIN NORTH AMERICA INC Feb 23.2017 $14.812.14 654912 28768 K8KN& ASSOCIATES INC Feb 23.2017 $12.797.89 654913 5687 K8DTDR CITY SALES &SERVICE Feb 23.2017 $489.73 654914 25752 N|SH|KAVVA PROPERTY MAINTENANCE INC Feb 23, 2017 $9.309D0 654915 24167 NDLTE ASSOCIATES INC Feb 23.2017 $318.980.55 654916 5923 NORTH KERN WATER STORAGE D|ST Feb 23, 2017 $10.178.20 654917 28687 NV51NC Feb 23.2017 $7.907.99 654918 3910 D'CDNNDR PEST CONTROL Feb 23, 2017 $295D0 654919 2427AD'RBLLY AUTO PARTS Feb 23.2017 $59530 654920 25933 DR|G|NALVVATERK8EN INC Feb 23, 2017 $3.257.78 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 107 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 2/03/2017 to 2/23/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654921 6448 P T O SALES CORP / TRUCKPRO LLC Feb 23, 2017 $820.19 654922 14088 PACIFIC GAS & ELECTRIC Feb 23, 2017 $67.21 654923 20828 PARSONS TRANSPORTATION GROUP INC Feb 23, 2017 $6,908.33 654924 6076 PB LOADER MANUFACTURING CO Feb 23, 2017 $158.04 654925 21570 PENNEY LAWN SERVICE INC Feb 23, 2017 $650.00 654926 6263 PENSINGER TRAILER RENTALS Feb 23, 2017 $890.52 654927 28869 PERRY, RETT Feb 23, 2017 $810.00 654928 25424 PET WASTE ELIMINATOR INC Feb 23, 2017 $70.00 654929 6353 PIK WEST INSURANCE Feb 23, 2017 $1,346.00 654930 6376 PIONEER PAINT Feb 23, 2017 $2,370.81 654931 24435 PROVANTAGE CORP Feb 23, 2017 $345.56 654932 26530 R BRUCE WALKER ED D INC Feb 23, 2017 $500.00 654933 20713 RANDY'S TOWING Feb 23, 2017 $415.00 654934 3249 RAY GASKIN SERVICE INC Feb 23, 2017 $1,576.74 654935 6682 RAYMONDS TROPHY AND AWARDS Feb 23, 2017 $209.08 654936 28480 READY REFRESH Feb 23, 2017 $136.47 654937 26863 RIOS, RICHARD Feb 23, 2017 $425.00 654938 6915 ROUND -UP FEED AND PET SUPPLY Feb 23, 2017 $461.09 654939 28665 ROUTE READY PARTS Feb 23, 2017 $4,934.86 654940 11090 SHERWIN WILLIAMS COMPANY Feb 23, 2017 $216.67 654941 21703 SLAGLE'S MATTRESS FACTORY INC Feb 23, 2017 $1,399.34 654942 23456 SORENSON,VERNON MD INC Feb 23, 2017 $60.00 654943 11907 SPARKLETTS /SIERRA SPRINGS Feb 23, 2017 $571.67 654944 17986 SPRINT /NEXTEL COMMUNICATIONS Feb 23, 2017 $3,512.74 654945 28136 SRL SOUTHWEST TOUR SERIES LLC Feb 23, 2017 $7,500.00 654946 16685 STIERN VETERINARY HOSPITAL Feb 23, 2017 $327.64 654947 26369 T Y LIN INTERNATIONAL INC Feb 23, 2017 $63,058.58 654948 28733 TELELANGUAGE INC Feb 23, 2017 $2,274.03 654949 27343 THE MISSION AT KERN COUNTY Feb 23, 2017 $15,677.85 654950 12235 TOO FAT SANDWICHES Feb 23, 2017 $56.00 654951 29026 TRAMMELL, SARA Feb 23, 2017 $104.88 654952 245 TURK'S KERN COPY INC Feb 23, 2017 $180.18 654953 96 TYACK TIRES INC Feb 23, 2017 $3,593.59 654954 8316 UNITED LABORATORIES Feb 23, 2017 $807.92 654955 8319 UNITED PARCEL SERVICE Feb 23, 2017 $34.61 654956 20476 US COMPOSTING COUNCIL Feb 23, 2017 $295.00 654957 8520 VALLEY POWER SYSTEMS, INC Feb 23, 2017 $197.60 654958 20601 VERIZON WIRELESS Feb 23, 2017 $25.02 654959 20601 VERIZON WIRELESS Feb 23, 2017 $25.02 654960 20601 VERIZON WIRELESS Feb 23, 2017 $689.46 654961 20601 VERIZON WIRELESS Feb 23, 2017 $1,600.02 654962 20601 VERIZON WIRELESS Feb 23, 2017 $249.43 654963 20601 VERIZON WIRELESS Feb 23, 2017 $18,670.51 654964 27364 VOHNE LICHE KENNELS INC Feb 23, 2017 $8,640.00 654965 14647 WAXIE SANITARY SUPPLY INC Feb 23, 2017 $2,737.90 654966 26512 WEI KOO Feb 23, 2017 $93,574.09 654967 29153 WENDALE DAVIS FOUNDATION Feb 23, 2017 $1,034.00 654968 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 23, 2017 $203.33 654969 8995 WHOLESALE FUELS Feb 23, 2017 $1,612.46 654970 20165 WILLDAN ENGINEERING Feb 23, 2017 $560.00 654971 9244 ZEP MANUFACTURING COMPANY Feb 23, 2017 $493.40 654972 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 23, 2017 $728.84 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 03108117 CC AGENDA PACKET PG 1 7/74/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 7/03/7017t07/73/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 654973 28854 3C PAYMENT (USA)CORP Feb 23, 2017 $100D0 654974 6129 AT&T Feb 23.2017 $209.43 654975 28860AT&T Feb 23.2017 $2.327.24 654976 537AT&T Feb 23.2017 $781.24 654977 28860AT&T Feb 23.2017 $1.046.50 654979 78 ADVANCED DISTRIBUTION CO Feb 23.2017 $3.63935 654980 12516 AIMS Feb 23.2017 $8.593D3 654981 2A218ANNABEVVYNETTA TAYLOR & ATTORNEY DF Feb 23.2017 $100.000D0 654982 101AABAKERSF|ELD CITY EMPLOYEE Feb 23.2017 $2.459.50 654984 10320 BAKERSF|ELDHDK8ELESS CENTER Feb 23.2017 $48.778.65 654985 18159 CVVEA Feb 23.2017 $260D0 654988 1696 CALIFORNIA WATER SERVICE Feb 23, 2017 $25.998.26 654989 11937 CITY OF BAKERSF|ELD Feb 23, 2017 $4.733D0 654990 11937 CITY OF BAKERSF|ELD Feb 23, 2017 $376.26 654991 2050 CLIFFORD & BROWN Feb 23, 2017 $16.000D0 654992 12004 EMPLOYMENT DEVELOPMENT DEPARTMENT Feb 23.2017 $45.175D0 654993 3488 GREENF|ELD COUNTY WATER D|ST Feb 23, 2017 $23.29 654996 7933 HOME DEPOT Feb 23.2017 $2.598.11 654998 4740 KERN TURF SUPPLY Feb 23.2017 $1.445.19 655000 15624 LDVVE'S HOME IMPROVEMENT Feb 23.2017 $1.092.14 655001 12627K8ARDERDS|AN&CDHEN Feb 23.2017 $76.000D0 655002 28991 N|SH-KO |NC Feb 23.2017 $50.823.78 655003 S114 PACIFIC GAS &ELECTRIC COMPANY Feb 23.2017 $1.749.89 655005 27911 PDRTERV|LLEFDRD Feb 23.2017 $2.126.77 655006 29217 R4K8DNADEAN COX & ATTORNEYS DF Feb 23.2017 $600.000D0 655007 7508 SOUTHERN CAL|FDRN|AED|SDN CO. Feb 23, 2017 $312.57 655014 10428 UNITED REFRIGERATION INC Feb 23.2017 $4.041.77 655018 20601 VER|Z]NVV|RELESS Feb 23.2017 $9.27430 655022 20601 VER|Z]NVV|RELESS Feb 23.2017 $11.412.78 9993655 30O28 BLUE SHIELD DFCALIFORNIA Feb 3.2017 $514.982.63 9993656 30021 KA|SERPERK8ANENTE Feb 3.2017 $194.549.98 9993657 30025 STATE DISBURSEMENT UNIT Feb 9, 2017 $17.774.88 9993658 11811 WELLS FARGDBANK Feb A.2017 $69.155.85 9993659 10199 BAKERSF|ELD CITY EMPLOYEE Feb 10, 2017 $183.058D0 9993660 24821 DEPARTMENT DF THE TREASURY Feb 10.2017 $1.544.32 9993661 30014 EMPLOYMENT DEVELOPMENT DEPT Feb 10. 2017 $170.997.92 9993662 10217 |CK8A RETIREMENT TRUST-30374A Feb 10.2017 $53.439.68 9993663 30010 IRS Feb 10,2017 $559.120.15 9993664 16863 NATIONWIDE RETIREMENT SOLUTIONS Feb 10.2017 $96.849.25 9993665 20SAAVANTAGEPD|NT TRANSFER AGENTS {%D Feb 10.2017 $29.027.73 9993666 27888 CALIFORNIA BANK &TRUST Feb 16. 2017 $347.82031 9993667 1020S STATE DFCALIF PERS Feb 1S.2017 $1.560.172.02 9993668 11811 WELLS FARGDBANK Feb 1S.2017 $126.477.25 9993669 30028 BLUE SHIELD DFCALIFORNIA Feb 17. 2017 $515.698.10 9993670 30021 KA|SERPERK8ANENTE Feb 17.2017 $194.515.04 9993671 30025 STATE DISBURSEMENT UNIT Feb 23, 2017 $18.166.46 9993672 11811 WELLS FARGDBANK Feb 23.2017 $95.253.98 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 03108117 CC AGENDA PACKET PG 109 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 2/03/2017 to 2/23/2017 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 12702 57 ABATE A WEED Feb 2, 2017 $1,601.32 12703 63 ACE HYDRAULIC SALES & SERVICE Feb 2, 2017 $1,701.41 12704 24819 AD WEAR & SPECIALTY OF TX Feb 2, 2017 $1,257.02 12705 152 ALL AUTOMATIC TRANSMISSION SER Feb 2, 2017 $4,323.96 12706 8530 AMERIPRIDE UNIFORM SERVICES Feb 2, 2017 $3,050.65 12707 576 B & B SURPLUS Feb 2, 2017 $647.77 12708 575 B C LABORATORIES Feb 2, 2017 $516.00 12709 611 B S & E COMPANY INC Feb 2, 2017 $392.40 12710 1037 BERCHTOLD EQUIPMENT CO Feb 2, 2017 $3,824.88 12711 1163 BLUEPRINT SERVICE CO Feb 2, 2017 $164.09 12712 20747 CENTRAL SANITARY SUPPLY INC Feb 2, 2017 $1,614.16 12713 29 CENTRAL VALLEY TRUCK CENTER Feb 2, 2017 $3,673.12 12714 5147 COASTLINE EQUIPMENT Feb 2, 2017 $3,510.72 12715 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 2, 2017 $382.84 12716 14582 DAVE BANG ASSOCIATES INC Feb 2, 2017 $1,893.26 12717 13912 DIRECT SAFETY SOLUTIONS INC Feb 2, 2017 $862.98 12718 2581 DOOLEY ENTERPRISES INC Feb 2, 2017 $4,703.13 12719 13088 E J WARD INCORPORATED Feb 2, 2017 $377.41 12720 14055 FAST UNDERCAR LLC Feb 2, 2017 $3,788.18 12721 2874 FERGUSON ENTERPRISES INC Feb 2, 2017 $583.89 12722 16838 GI INTERNATIONAL TRUCK CTR. INC Feb 2, 2017 $361.72 12723 21739 GOLDEN EMPIRE TOWING INC Feb 2, 2017 $1,489.00 12724 4171 JERRY& KEITHS INC Feb 2, 2017 $1,782.56 12725 1390 JIM BURKE FORD Feb 2, 2017 $1,634.47 12726 4178 JIM BURKE LINCOLN MERCURY Feb 2, 2017 $3,181.46 12727 15694 JIMS TOWING INC Feb 2, 2017 $1,170.00 12729 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 2, 2017 $1,605.13 12730 6550 QUAD KNOPF INC Feb 2, 2017 $7,081.20 12731 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 2, 2017 $773.42 12732 6555 QUINN COMPANY INC Feb 2, 2017 $5,233.19 12733 12665 SAN JOAQUIN FENCE & SUPPLY Feb 2, 2017 $6,828.95 12734 698 SAN JOAQUIN INTERIORS Feb 2, 2017 $6,773.00 12735 7231 SEAL & PACKING SUPPLY CO Feb 2, 2017 $1,416.69 12736 28661 SERVEXO PROTECTIVE SERVICES Feb 2, 2017 $5,003.04 12737 19584 SMITH & SON TIRE INC Feb 2, 2017 $5,902.17 12738 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 2, 2017 $3,098.39 12739 7670 STEWART ELECTRIC SUPPLY Feb 2, 2017 $178.38 12740 7685 STINSON STATIONERS Feb 2, 2017 $7,776.22 12741 7728 SULLY & SON HYDRAULICS INC Feb 2, 2017 $820.23 12742 15868 TEL TEC SECURITY SYSTEM INC Feb 2, 2017 $146.00 12743 18288 VSS EMULTECH INC Feb 2, 2017 $13,008.80 12745 63 ACE HYDRAULIC SALES & SERVICE Feb 9, 2017 $473.55 12746 24819 AD WEAR & SPECIALTY OF TX Feb 9, 2017 $4,636.74 12747 64 ADAMSON POLICE SUPPLY Feb 9, 2017 $320.69 12748 152 ALL AUTOMATIC TRANSMISSION SER Feb 9, 2017 $148.57 12749 8530 AMERIPRIDE UNIFORM SERVICES Feb 9, 2017 $6,211.22 12750 576 B & B SURPLUS Feb 9, 2017 $146.93 12751 611 B S & E COMPANY INC Feb 9, 2017 $2,841.65 12752 1163 BLUEPRINT SERVICE CO Feb 9, 2017 $361.38 12753 29 CENTRAL VALLEY TRUCK CENTER Feb 9, 2017 $4,346.93 12754 21220 CLEAN ENERGY INC Feb 9, 2017 $24,311.88 12755 5147 COASTLINE EQUIPMENT Feb 9, 2017 $276.49 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 03108117 CC AGENDA PACKET PG 110 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 2/03/2017 to 2/23/2017 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 12756 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 9, 2017 $2,243.31 12757 14582 DAVE BANG ASSOCIATES INC Feb 9, 2017 $1,893.26 12758 13912 DIRECT SAFETY SOLUTIONS INC Feb 9, 2017 $1,796.94 12759 27459 EVOQUA WATER TECHNOLOGIES Feb 9, 2017 $138,567.20 12760 14055 FAST UNDERCAR LLC Feb 9, 2017 $3,615.75 12761 2874 FERGUSON ENTERPRISES INC Feb 9, 2017 $4,974.83 12762 21739 GOLDEN EMPIRE TOWING INC Feb 9, 2017 $890.00 12763 15694 JIMS TOWING INC Feb 9, 2017 $875.00 12764 599 MCCLURE EQUIPMENT INC Feb 9, 2017 $166.28 12765 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 9, 2017 $4,509.21 12766 6555 QUINN COMPANY INC Feb 9, 2017 $2,311.38 12767 12665 SAN JOAQUIN FENCE & SUPPLY Feb 9, 2017 $4,153.75 12768 28661 SERVEXO PROTECTIVE SERVICES Feb 9, 2017 $5,151.89 12769 19584 SMITH & SON TIRE INC Feb 9, 2017 $4,178.19 12770 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 9, 2017 $2,278.58 12771 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 9, 2017 $2,474.40 12772 7685 STINSON STATIONERS Feb 9, 2017 $7,150.22 12773 7728 SULLY & SON HYDRAULICS INC Feb 9, 2017 $1,244.90 12774 15868 TEL TEC SECURITY SYSTEM INC Feb 9, 2017 $125.00 12775 16838 GI INTERNATIONAL TRUCK CTR. INC Feb 10, 2017 $517.17 12776 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 10, 2017 $1,347.54 12777 4171 JERRY& KEITHS INC Feb 10, 2017 $3,248.48 12778 1390 JIM BURKE FORD Feb 10, 2017 $1,610.99 12779 4178 JIM BURKE LINCOLN MERCURY Feb 10, 2017 $989.37 12780 23984 MECHANICAL DRIVES & BELTING INC Feb 10, 2017 $773.91 12781 63 ACE HYDRAULIC SALES & SERVICE Feb 16, 2017 $40.01 12782 152 ALL AUTOMATIC TRANSMISSION SER Feb 16, 2017 $10,716.35 12783 8530 AMERIPRIDE UNIFORM SERVICES Feb 16, 2017 $1,182.64 12784 576 B & B SURPLUS Feb 16, 2017 $486.17 12785 575 B C LABORATORIES Feb 16, 2017 $729.00 12786 1037 BERCHTOLD EQUIPMENT CO Feb 16, 2017 $148.09 12787 1163 BLUEPRINT SERVICE CO Feb 16, 2017 $1,055.58 12788 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Feb 16, 2017 $754.12 12789 20747 CENTRAL SANITARY SUPPLY INC Feb 16, 2017 $349.18 12790 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 16, 2017 $425.00 12791 29 CENTRAL VALLEY TRUCK CENTER Feb 16, 2017 $10,636.23 12792 21220 CLEAN ENERGY INC Feb 16, 2017 $12,383.22 12793 5147 COASTLINE EQUIPMENT Feb 16, 2017 $2,451.55 12794 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 16, 2017 $2,729.96 12795 13912 DIRECT SAFETY SOLUTIONS INC Feb 16, 2017 $167.85 12796 2757 ELECTRIC MOTOR WORKS INC Feb 16, 2017 $2,989.59 12797 14055 FAST UNDERCAR LLC Feb 16, 2017 $4,268.06 12798 2874 FERGUSON ENTERPRISES INC Feb 16, 2017 $328.28 12799 16838 GI INTERNATIONAL TRUCK CTR. INC Feb 16, 2017 $168.90 12800 21739 GOLDEN EMPIRE TOWING INC Feb 16, 2017 $195.00 12801 3458 GREAT PACIFIC EQUIPMENT INC Feb 16, 2017 $111.46 12802 3570 HAAKER EQUIPMENT COMPANY Feb 16, 2017 $976.51 12803 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 16, 2017 $109.33 12804 4171 JERRY& KEITHS INC Feb 16, 2017 $1,817.67 12805 1390 JIM BURKE FORD Feb 16, 2017 $4,723.74 12806 4178 JIM BURKE LINCOLN MERCURY Feb 16, 2017 $658.84 12807 15694 JIMS TOWING INC Feb 16, 2017 $1,332.50 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 03108117 CC AGENDA PACKET PG 111 2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 2/03/2017 to 2/23/2017 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 12808 2267 L N CURTIS & SONS Feb 16, 2017 $2,370.60 12809 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 16, 2017 $8,815.09 12810 6555 QUINN COMPANY INC Feb 16, 2017 $3,279.80 12811 21873 RM INDUSTRIES INC Feb 16, 2017 $2,721.13 12812 19584 SMITH & SON TIRE INC Feb 16, 2017 $1,394.90 12813 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 16, 2017 $913.66 12814 7670 STEWART ELECTRIC SUPPLY Feb 16, 2017 $637.86 12815 7685 STINSON STATIONERS Feb 16, 2017 $5,691.84 12816 15868 TEL TEC SECURITY SYSTEM INC Feb 16, 2017 $685.17 12817 13646 UNITED ROTARY BRUSH CORP Feb 16, 2017 $382.07 12851 57 ABATE A WEED Feb 23, 2017 $275.93 12852 63 ACE HYDRAULIC SALES & SERVICE Feb 23, 2017 $529.40 12853 24819 AD WEAR & SPECIALTY OF TX Feb 23, 2017 $28.21 12854 8530 AMERIPRIDE UNIFORM SERVICES Feb 23, 2017 $1,936.49 12855 611 B S & E COMPANY INC Feb 23, 2017 $3,237.64 12856 1037 BERCHTOLD EQUIPMENT CO Feb 23, 2017 $549.46 12857 1163 BLUEPRINT SERVICE CO Feb 23, 2017 $1,838.05 12858 20747 CENTRAL SANITARY SUPPLY INC Feb 23, 2017 $165.34 12859 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 23, 2017 $75.00 12860 29 CENTRAL VALLEY TRUCK CENTER Feb 23, 2017 $4,005.13 12861 5147 COASTLINE EQUIPMENT Feb 23, 2017 $2,658.69 12862 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 23, 2017 $3,926.24 12863 13912 DIRECT SAFETY SOLUTIONS INC Feb 23, 2017 $891.65 12864 14055 FAST UNDERCAR LLC Feb 23, 2017 $2,275.81 12865 2874 FERGUSON ENTERPRISES INC Feb 23, 2017 $1,286.56 12866 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 23, 2017 $807.58 12867 21739 GOLDEN EMPIRE TOWING INC Feb 23, 2017 $955.00 12868 3570 HAAKER EQUIPMENT COMPANY Feb 23, 2017 $355.74 12869 4171 JERRY & KEITHS INC Feb 23, 2017 $628.27 12870 1390 JIM BURKE FORD Feb 23, 2017 $2,522.82 12871 4178 JIM BURKE LINCOLN MERCURY Feb 23, 2017 $1,341.41 12872 15694 JIMS TOWING INC Feb 23, 2017 $700.00 12873 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 23, 2017 $5,264.77 12874 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 23, 2017 $602.20 12875 6555 QUINN COMPANY INC Feb 23, 2017 $4,025.98 12876 12665 SAN JOAQUIN FENCE & SUPPLY Feb 23, 2017 $467.00 12877 19584 SMITH & SON TIRE INC Feb 23, 2017 $4,560.27 12878 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 23, 2017 $3,081.09 12879 7670 STEWART ELECTRIC SUPPLY Feb 23, 2017 $118.46 12880 7685 STINSON STATIONERS Feb 23, 2017 $4,834.48 12881 7728 SULLY & SON HYDRAULICS INC Feb 23, 2017 $367.06 12882 13646 UNITED ROTARY BRUSH CORP Feb 23, 2017 $5,729.63 12883 9010 WILLIAMS CLEANING SYSTEMS INC Feb 23, 2017 $552.53 $504,717.63 $19,059,475.31 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 03108117 CC AGENDA PACKET PG 112 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/24/2017 111-11 N 03 SUBJECT: First reading of Ordinance amending Chapter 1.40 of the Bakersfield Municipal Code relating to Penalties. STAFF RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Generally, every section in the Bakersfield Municipal Code (BMC) is subject to an infraction or misdemeanor criminal citation and/or civil enforcement. A few years ago, in an effort to provide more enforcement options, Staff was directed to create an administrative process for certain violations. Administrative Penalties On October 14, 2015, the City adopted administrative penalties for water wasters. Likewise, on March 2, 2016, the City adopted administrative penalties for fireworks violations. The adoption of administrative penalties for fireworks violations was such a success that the City began looking at expanding the use of the administrative process to other sections of the BMC. On January 23, 2017, in response to a referral by Council Member Parlier, the Legislation and Litigation Committee considered and approved adding the administrative remedy to BMC Section 1.40.010 so that the City can apply it to all violations of the BMC. It was understood however, that expansion will occur incrementally beginning with violations of the Parks, Code Enforcement and Massage Ordinances. Unless otherwise provided, the administrative penalty carries a maximum $1000 fine per violation. Civil Penalties In addition to the administrative process, City Council instructed the City Attorney's Office to add civil penalties as a possibility to violations of the BMC where a civil remedy is allowed. This scenario would occur when the City files a civil lawsuit for violations of the BMC (typically zoning violations). If this ordinance is adopted, the City can ask the Court to assess a maximum civil penalty of $1000 per violation for each day during which a violation exists as part of a civil action. The attached ordinance adds both the administrative process and civil penalty. If the proposed ordinance is adopted, the administrative process will take several months to implement since it 03108117 CC AGENDA PACKET PG 113 will be narrowly tailored for specific municipal code sections. The Planning Director has determined that the proposed civil and administrative fine penalties are exempt from the provisions of the California Environmental Quality Act ("CEQA"). Under the general rule of CEQA in accordance with section 15061 (b)(3), the adoption of the proposed ordinance will not have a significant effect on the environment. ATTACHMENTS: Description Type D 1 40/kdirNiNstiradve Process Ordinance 03108117 CC AGENDA PACKET PG 114 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 1.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VIOLATION - PENALTY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 1.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 1.40.010 Violation — Penalty. A. Unless otherwise expressly provided in this code, a violation of any provision of this code, or a failure to comply with any of the mandatory requirements of this code, or counseling, aiding or abetting a violation or failure to comply shall be punishable as an infraction or misdemeanor: - an administrative oitatioin Dursuant to Bakersfield Munioi�aoe eotion 1.l d 4 Any person or entity convicted of an infraction under this code where punishment is not otherwise provided in this code, shall be punished by a fine not exceeding fifty dollars for a first violation, one hundred dollars for a second violation within one year, and two hundred fifty dollars for each additional violation within one year. Any person or entity convicted of a misdemeanor under this code where punishment is not otherwise provided in this code, shall be punished by a fine of not more than one thousand dollars or as specified by state law, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. Each such person or entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person or entity and shall be punished accordingly. B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day such condition continues shall be deemed a new and separate offense. This code may also be enforced by injunction issued out of -- Page 1 of 5 Pages -- 0310$117 CC AGENDA PACKET FCC 11.E the superior court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof. As i Dart of a civil action filed under this section. a court mav assess a C. The city of Bakersfield shall be entitled to restitution for all expenses incurred enforcing the provisions of this code against any person or entity in violation thereof. 105 ON t Eaolh adir ini trativ� citation shallll oointaiin tJh foVllowina inforr aatiQ- i DL of all available l caal means. A. Each violation of the alkersfi l unici a Lcode shall be su=bject to a oin� thousa�n oVllar fiin -- Page 2 of 5 Pages -- 0310$117 CC AGENDA PACKET FCC 116 _ B. ant to subsection A shall be refunded if It is determined after a Ihearingi that the mson char lin tlh� a linlstmatly cltatloin as not m�sooinsllble for the violation or that themes was no violation as chaIraed in the administrative citation® ,. UWZA ny redolent of an administrative citation im av meal the cltatloin Iby coir ltlina a mast for Ihamina form an tmnlina It to city lthln thlmty ays from the ate of the administrative citation together with an advance dIeDosit of A. rative citation shall be held unless the fine has been dIeoosited Ina vane® lea, 0, WIMI h ioioNN int sha�N I� notVfN _ of tJh tl n iNac� sit for the Ih mVna at last tin c Ilan � vs o�Vo� to th ate of the Ih myna® D. At the hearing the ai o llant shall Ihave the 0000mt nity to t stlfv and E$ s�IbNtt bt contained in those documents. nts. administrative citation ii to lssul�nai a written decision. WIMINARMOM ;i oil" WIMMAW, ,. -- Page 3 of 5 Pages -- 0310$117 CC A EN A PACKET FAG 117 I ,' ;, The city manager shall deslanate the Ihariinca officer for all aooal hi9dMQL A. The 1 trnen rformance evaluation , co o insatioin an benefits of the Ihariin officer shall not be it ctl or indirectly conditioned oin the amount of administrative citation fines het by the Ihearinca officer. BL a o al hariina, tlh h arena officer shhall issue a written decision to uolhol or dismiss the administrative citation and shall list in the cisioin the reasons for that decision. The cision of the hearing officer shall be final. C. If the hearing officer determines that the administrative citation shout iav tlh city alnv inc� s� a _ o nt ithiln thhirty ays of r�c�ivina the decision of the hearina officer. D. �be dismissed or the fine reduced tlhe cit shhall rfuin the a ro riate arnount of the=de osit� fine itlhin thirty ays. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -- Page 4 of 5 Pages -- 0310$117 CC ACEN A PACKET FCC 118 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, TTAQ, SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO -KING Associate City Attorney VGK /vlg S: \COUNCIL \Ords \16 -17 \1.40.010 Viol ation- Penalty.Rdl.docx -- Page 5 of 5 Pages -- 0310$117 CC AGENDA PACKET FCC 119 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Ordinances d. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/17/2017 111-11 N 03 SUBJECT: Adoption of Ordinance amending Chapter 8.16 of the Bakersfield Municipal Code relating to Ice Cream Vendors. (FR 02115117) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On September 28, 2016, Council referred the Ice Cream Vendor Ordinance to the Legislative and Litigation Committee to review for consistency in light of the Food Vending Vehicle Ordinance being adopted. On January 23, 2017, the City Attorney presented a PowerPoint to the Legislation and Litigation Committee regarding the suggested changes. The Committee asked that the ordinance be sent to Council for first reading. BMC Chapter 8.16 provides the current regulations on ice cream vendors. This amendment provides clarity as to the definition of an ice cream truck, provides consistency with other chapters in the Code and uses language that is easy to understand. The attached proposed ordinance is responsive to Council's direction. The ordinance had first reading on February 15, 2017. F-11 i all M I ��i 14 Ll k &-] Description D Oir&naince airneinding Chapter (13 '16 Type Ordinance 03108117 CC AGENDA PACKET PG 120 ORDINANCE NO. ORDINANCE AMENDING CHAPTER 8.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ICE CREAM TRUCKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.16 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.16 ICE CREAM TRUCKS 8.16.010 Ice cream truck defined. "Ice cream truck" includes any vehicle defined in the California Vehicle Code from which ice cream, ice milk, frozen dairy products, and /or flavored ice (herein collectively referred as frozen treats) are the only items offered for retail sales on city streets. 8.16.020 General Requirements. A person operating an ice cream truck must: 1. Maintain a valid business tax certificate from the City of Bakersfield; 2. Maintain a valid permit from the County of Kern through its Public Health Services Department; 3. Clean up all trash and litter generated within a minimum fifty -foot radius of the ice cream truck. 8.16.030 Vehicle condition and maintenance. Ice cream trucks must meet the vehicle condition and maintenance guidelines outlined in the California Health and Safety Code. 8.16.040 Frozen treats. All frozen treats shall comply with the rules, regulations and requirements of the Kern County Public Health Services Department. C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \DB6BA5E2 - 3689 -41 EA -1361 F- EC5C6978A7FD \PDFConvert.7657.1 .8.161 ceCreamVendorsFnl.docx -- Page 1 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 121 8.16.050 Selling— Distance from public buildings, parks and playgrounds. Ice cream trucks must park at least 300 feet from the exterior boundary of a property used and occupied by any school, public playground or park maintained and operated by the city, or other public corporation. 8.16.060 Selling— Amplified sound requirements. A. An ice cream truck may only use amplified music or speech emitted via sound equipment during the following hours: Nine a.m. to five p.m. on Sundays; and 2. Eight a.m. to eight- thirty p.m. from May 1st through September, Monday through Saturday; and 3. Nine a.m. to five p.m. from October 1st through April on Mondays through Saturdays. B. The volume of sound from any vehicle referenced in subsection A of this section shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the vehicle upon which such sound equipment is located, and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --000---- - - - - -- C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \DB6BA5E2 - 3689 -41 EA -1361 F- EC5C6978A7FD \PDFConvert.7657.1 .8.161 ceCreamVendorsFnl.docx -- Page 2 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 122 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VGK:Isc RIVERA, GONZALES, WEIR, SMITH, TKAE, SULLIVAN, PARLIER VIRIDIANA GALLARDO -KING Associate City Attorney PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \DB6BA5E2 - 3689 -41 EA -1361 F- EC5C6978A7FD \PDFConvert.7657.1 .8.161 ceCreamVendorsFnl.docx -- Page 3 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 123 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Ordinances e. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 2/3/2017 iTiff-11 1.1 SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Section 1. 12.070 by adding Annexation No. 661 consisting of 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road and Annexation No. 665 consisting of 22.06 acres located along the south side of Taft Highway, generally east of Compagnoni Street to Ward 7. (FR 02115117) Staff recommends adoption of the ordinance. BACKGROUND: The project is an Ordinance to amend the boundaries of Ward 7 to include the property included in Annexation No. 661 and No. 665; which were approved by Lafco on December 7, 2016. First reading of the ordinance was given on February 15, 2017. Annexation No. 661 (Ming No. 10) consists of four developed properties on 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road. The annexation was originally initiated by one property owner, Maurice Etchechury, to receive City services and the remaining three property owners, Felix Banuelos, Gerardo Fuentes and Saba Revocable Living Trust, chose to join the annexation to facilitate road improvements along the north side of Ming Avenue. The properties within the annexation are zoned R-1 (One Family Dwelling) and C-2 (Regional Commercial) which is consistent with the existing LR (Low Density Residential) & GC (General Commercial) land use designation and surrounding area. This area will be included into Ward 7. Annexation No. 665 (Compagnoni No. 3) consists of undeveloped land on 22.06 acres located along the south side of Taft Highway generally east of Compagnoni Street. The property owners, Kydavan Pasco, Edward Eyraud, Joseph Eyraud, Edith Pasco and Emily Blue, requested to annex this property for future development purposes and to receive City services. The project site is zoned M-1(Light Manufacturing) and the existing land use designation is Sl (Service Industrial). This area will be added into Ward 7. 03108117 CC AGENDA PACKET PG 124 ATTACHMENTS: Description Type Oir6naince to /Wopt ftird liaOauir da fires Wth EkNNts Ordnance 03108117 CC AGENDA PACKET PG 125 ORDINANCE NO. AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTION 1.12.070 BY ADDING ANNEXATION NO. 661 AND ANNEXATION NO. 665 TO WARD 7. WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a resolution for Annexation Nos. 661 and 665 recently ordering the territory annexed to the City of Bakersfield; and WHEREAS, the territory ordered to be annexed to the City of Bakersfield is required to be within a City Council Ward Boundary; and WHEREAS, the LAFCo recently completed the annexation for the territory to the City of Bakersfield, the exterior boundaries of Annexation Nos. 661 and 665 which are described in the attached Exhibit "A" and shown on the maps in Exhibit "B ", attached hereto and incorporated as though fully set forth herein. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield Section 1. All of the foregoing recitals are hereby found to be true and correct. Section 2. Annexation No. 661 shall be included in Ward 7. Section 3. Annexation No. 665 shall be included in Ward 7. Section 4. Section 1. 12.070 of the Bakersfield Municipal Code is hereby amended by adding thereto the legal descriptions set forth in Exhibit "A ". Section 5. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above - described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. --- - - - - -- 000-- - - - - -- 0310$117 CC AGENDA PACKET FCC 126 by the HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA McCARTHY, MMC Interim City Clerk APPROVED KAREN GOH Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Attachments: EXHIBIT "A" - Legal Description. EXHIBIT "B" - Map. 2 0310$117 CC A EN A PACKET FAG 127 CHECKED by -BERN SURVeyo A$ OF tCE EXffiBIT "A" CITY OF BAKERSFIELD ANNEXATION NO. 661 APPMv d �` MING NO. 10 RES. 1.81 ACRES DETACHMENT CSA 43 REORGANIZATION BEING A PORTION OF LOT 45 IN SECTION 1, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, AS SHOWN ON THE KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN, FILED MAY 3, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, ALSO BEING THE CENTER LINE INTERSECTION OF MING AVENUE (CO. RD. NO. 208) AND HUGHES LANE; THENCE SOUTH 89 °58'24" EAST, ALONG THE SOUTH LINE OF SAID SECTION AND CENTERLINE OF SAID MUG AVENUE, 191.22 FEET; THENCE DEPARTING SAID CENTERLINE NORTH 00 001'36" EAST 55.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF SAID MING AVENUE, SAID POINT ALSO BEING ON THE EXISTING CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD AND THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 00 °08'36" EAST, ALONG SAID CORPORATE BOUNDARY, 190.17 FEET; THENCE (2) DEPARTING SAID CORPORATE BOUNDARY, SOUTH 89 054'08 "EAST, 170.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF BALDWIN ROAD (CO. RD. NO. 1168), THENCE (3) SOUTH 00 °08'36" WEST, ALONG SAID RIGHT OF WAY, 61.00 FEET; THENCE (4) DEPARTING SAID RIGHT OF WAY SOUTH 89 056'01" EAST, 301.00 FEET TO A POINT ON THE WEST RIGHT OF WAY OF THE 20 FOOT WIDE ALLEY ON THE WEST BOUNDARY OF TRACT NO. 1635 PER MAP FILED IN BOOK 8, PAGE 14 OF MAPS. IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON SAID CORPORATE BOUNDARY; THENCE (5) SOUTH 00 °07'52" WEST, ALONG SAID RIGHT OF WAY AND CORPORATE BOUNDARY, 154.16 FEET TO AN ANGLE POINT ON SAID BOUNDARY, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY OF SAID MING AVENUE, THENCE (6) NORTH 89 °54'08" WEST, ALONG SAID RIGHT OF WAY AND CORPORATE BOUNDARY, 301.03 FEET; I ENCE (7) NORTH 00 008'36" EAST, ALONG THE EAST RIGHT OF WAY OF SAID BALDWIN ROAD AND CORPORATE BOUNDARY, 25.04 FEET, THENCE (8) NORTH 89 058'24" WEST, ALONG SAID NORTH RIGHT OF WAY OF MING AVENUE AND CORPORATE BOUNDARY, 170.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.81 ACRES (MORE OR LESS) ,�,OPESS /p COL if 10 1 TIMOTHY McCOLGAN ASHLOCK R.C.E.3277$ DATE w No. c 32778, m * EXP. 6-30 -2016 a y CIVIL � P OF CALXF 0310$117 CC A EN A PACKET FAG 128 7 SITE VICINITY MAP N.T.B. EXHIBIT "B" CITY OF BAKERSFIELD ANNEXATION NO. 661 MING NO. 10 RE$- 1.81-ACRES DETACHMENT CSA 43 REORGANIZATION II r777'Tl I I 148-092N4 I Q I 149 a92,2o 1 JUNE AVE _ 3, � CQ RQ NQ D -550 149-092,15 PARCEL NO. 0908 BOOK47, PAGE 107, 0 I I �'� " (2) sawon 17 w 1 148. 090.17 PARCEL 1 PARCEL 2 fee 1111.114611111 ..... 148-090.18 T48 090H8 I ` Q (4) '8 X01.00' I 1 I 148.110 -0T 148-09221 f48-0B242? z `� i ANNE7fAT1QN NQ429 9 !48 090-!9 14809012 1490W f `MING ma go RE NR 02-40 P.O.B. m 1 g o =WW o M N0 U"n I 8) NB998'24'IM 1 �� SE030'2A'E 19121 mom 60.00' (!) N898408'N J0101 8114 COR - s� 1 30121 +� MING AVENUE Il 0.� CQ Ra Na 208 I ANNWIM Na 71 I 'BENMN PARK Na r ORDINANCE Na 1107 MS RECa M 11 -19-58 any ItBRN CO[INiY BUR11E1p CR F0E 3 g LEGEND r777777-, EXISTING CORPORATE BOUNDARY PROPOSED ANNEXATION BOUNDARY AppmM tif 14FXOf,?Of ASSESSOR'S PARCEL NUMBER- O.R. OFFICIAL RECORDS �A. N.T.S. ' NOTTO SCALE P.O.C. POINT OF COMMENCMENT P.O.& POINT OF BEGINNING 4 71 0 = OC TE REGISTRAITONNa RQE 32778 W 0B/9 N) NORTH SCALE: in ■ w 0 40 80 180 SKEET 1 OF 1 03108117 CC A EN A PACKET FAG 129 EXHIBIT "A" ANNEXATION No. 665 COMPAGNONI NO. 3 TO THE CITY OF BAKERSFIELD Those portions of land located in the Northeast quarter of Section 1, Township 31 South, Range, 27 East, Mount Diablo Base and Meridian in the County of Kern, State of California, more particularly described as follows: Commencing at the Southeast corner of said Northeast quarter of Section 1; thence North 88020'49 " West along the South.. line of said Northeast quarter also being the centerline of Curnow Road. (County Road No. 374 a; distance of 1321.55 feet to the intersection of the centerline of Compagnoni Street (County Road No. 2357); thence North 0,0147'1,3" East along the centerline of sold Compagnoni Street a distance of 41.02 feet to a point on a line. from the- intersection of the Eas,t fight of way line of said CQmpagn6hi Street and the North right of way line of said Curnow Road to the Intersection of the West right of way line of said Compagnoni Street and the said North right of way line of Curnow Road right of way, intersection shown on California State Highway Map for State Route Vl- Ker-99 Bakersfield Bypass dated January 1963, poop 17 of 19 pages and the TRUE POINT OF BEGINNING; Thence (1) North 87027'47" West along said: North right of way of Curnow Road a distance of 63.36 feet to said West right of way of Compagnoni Street; Thence along the West right of way of Compagnoni Street the following three. courses. Thence (2) North 45 °55'41" East a distance of 47,02 feet; Thence (3) North 00 °47' 13" East a distance of 958.38 feet to the beginning of a tangent curve concave to the East having a radius of 1530 feet Thence (4) Northerly along said curve thru a central angle of 11 °00'00" an arc. d ' istqnce of 293.74 feet to the existing City of Bakersfield corporate boundary also being the Southeast corner of Parcel 9 of Parcel Map 10717 Phase 2 recorded December 27, 2007 filed in Book 56 of Parcel Maps at page 69 in the office of the Kern County Recorder; .. 03108117 CC AGENDA PACKET PG 130 Thence along the existing City of Bakersfield's corporate boundary the following four courses, Thence (5) South 88 °20'11" East a distance of 60.99 to the East right of way of said Compagnoni Sfreet also being the Southwest corner of Parcel 4 of said Parcel Map 10717; Thence (6) continuing South 88 °20'11" East along the South line of said Parcel 4 a distance of 601.71 feet to the Southeast corner of said Parcel 4; Thence (7) continuing South 88020'11 " East a distance of 343.67 feet to the West right of way of said State Route- VI-Ker-99; Thence (8) South 14 °12' 11 " East along said West right of way a distance of 115.42 feet; Thence (9) continuing South 14012'l 1 " East along said West right of way a distance of 337.84 feet to an angle point in said West right of way; Thence (10) South 11'31'00" East along said West right of way a distance of 573.64 feet to a point on the North line of property described in Grunt Deed recorded July 7, 1999 as Document No. 0199095029 filed in the office of the Kern County Recorder, Thence (11) Departing said West right of way North 88020'40" West along said North line a distance of 583.20 feet to the Northwest corner of said parcel also being on the East line of parcel described in Interspousal Transfer Deed recorded August 23, 2006 as Document No. 0206208683 filed in the office of the Kern County Recorder; Thence (12) North 00*47'18" East along said East line a distance of 331.51 feet to the Northeast corner of said parcel of Interspousal Transfer Deed; Thence (13) North 88020'30" West along the North line of said parcel of Intertpousal Transfer Deed and the North line of parcel described in Grant Deed recorded September 16, 2009 as Document No.. 0209136156 filed in the office of the Kern County Recorder also being the South line of Quitclaim Deed recorded September 15, 2010 as Document No. 021027588 filed in the office of the Kern County Recorder a distance of 9,.� 03108117 CC AGENDA PACKET PG 131 330,47 feet to the Northwest corner, of said parcel of Grant Deed recorded September 16, 2009; Thence (14) Departing said, parcel of Grant Deed recorded September 16, 2009 and continuing along said South line; of Quitcliam Deed North 68020'$0" West a distance of 300.31 feet to South,west corner of said Quitclaim Deed also being the Fast right of Way of said Compagnoni Street; Thence (15) Departing said South line South 00;147'13" West along the East right of way line of said .Compagnoni Street a distance of 406.94 to the Northwest corner of said parcel described in Affidavit-Death of Joint Tenant also being on the East right of I way I ine of `said Compagnoni Street; Thence (16) Continuing. South 00147'13" West along the West line of said parcel described, in Affidavit-Death of Joint Tenant and said East right of way line a distance of 179.68 feet; Thence (17) South: 43*49'03" East along the Wast line of said parcel described in Affidavit-Death of Joint Tenant and said East right of way line a distance of 52.16 feet to the North right of way line of said Curnow Road; Thence (18) departing said West and East right of way line North 87127'47" West along said line from the intersection of the East right of way line of said Compagnoni Street and the North right of way line of said Curnow Road to the intersection of the West right of way line of said Compagnoni Street and the said North right of way line of Curnow Road right of way a distance of 66.65 feet to the centerline of said Compagnoni Street and the TRUE POINT OF BM INNING. Containing 22.06 Acres END OF DESCRIPTION CHECKED by KERN 00UNTY SPR4?VRS OFFICE ApPMVW by S:\ANNEXAT10N\Annex 665\EXHIBIT 665 A.doc / /-- 5; - zo 15 03108117 CC AGENDA PACKET PG 132 11 CA NNW- HUGHES LANE O ni o a t 0 o mc Z A o m o 'C b O COMPAGNONI ST. p Lo FR 7. r- 2 c'n ;a z P Zo S. H S (a CO In tit 'In p O nil 03108117 CC AGENDA PACKET FAG 1.3.3 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Resolutions f. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 2/16/2017 111-11 V 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 authorizing collection of the assessments by the Kern County Tax Collector. Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on February 13, 2017, 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 1.440 Brundage Lane 2. 721 Brundage Lane 3. 205 E. California Avenue 4. 120 ChesterAvenue 5.415 S. Haley Street 6.1413 Ivan Avenue 7. 100 N Street 8. 219 Northrup Street APN COST 010-032-16-00-3 $633.00 011-050-05-00-0 $333.00 139-052-02-00-6 $751.00 010-311-25-00-3 $333.00 019-072-17-00-1 $666.00 025-122-12-00-5 $1,211.00 010-330-22-00-3 $333.00 018-310-15-00-3 $776.00 03108117 CC AGENDA PACKET PG 134 9. 4808 Ohman Court 171-280-30-00-6 $333.00 10. 1001 S. Owens Street 018-040-41-00-0 $991.00 11. 1008 Pacheco Road 171-010-05-01-4 $976.00 12.1500 Pacheco Road #6 171-200-06-00-3 $1,335.00 13. 219 Rodman Street 139-342-05-00-9 $333.00 14. 3615 Shellmacher Avenue 172-132-09-00-3 $739.00 15.405 V Street 009-480-23-00-0 $1,811.00 16. 703 Wilkins Street 139-432-24-00-0 $715.00 17. 604 S. Williams Street 019-091-02-00-6 $745.00 18. 724 S. Williams Street 019-121-01-00-1 $715.00 19. 210 Wood Street (demolition) 139-322-14-00-9 $5,471.00 20. 1129 81h Street 009-332-07-00-4 $650.00 21. 1210 E. 91h Street 018-072-16-00-1 $715.00 22. 209 E. 10th Street 139-132-03-00-2 $715.00 Ward 2 23. 1227 ChesterAvenue 006-532-02-00-6 $741.00 24. 609 Davies Court 331-201-23-00-5 $118.00 25. 1205 Lake Street 015-400-02-00-0 $118.00 26. 2115 Palm Street 008-191-03-00-8 $118.00 27. 3200 Q Street 002-051-04-00-8 $118.00 28. 1518 Robinson Street 127-020-25-00-3 $666.00 29. 2225 San Emidio Street 007-084-03-00-0 $666.00 30. 3883 Union Avenue 120-200-12-00-8 $3,756.00 31. 2317 Verde Street 008-283-04-00-1 $741.00 32. 232 Western Drive 020-091-26-00-6 $816.00 33. 501 181h Street 006-124-01-00-8 $451.00 34. 1927 201h Street 003-361-02-00-9 $333.00 Ward 3 35. 3604 Amherst Street 021-311-08-00-4 $118.00 36.1805 Duke Drive 021-382-02-00-4 $118.00 37. 2804 Fordham Street 021-082-04-00-3 $650.00 38. 5921 Genoa Drive 332-613-07-00-9 $666.00 39. 2616 Loch Fern Court 433-040-17-00-8 $333.00 40. Paladino Drive 531-012-03-00-7 $1,466.00 41. 3225 St. Marys Street 021-424-07-00-4 $118.00 42. 3030 Wenatchee Avenue 383-220-09-00-3 $650.00 Ward 4 43.13416 Coco Palm Court 495-460-19-00-8 $118.00 Ward 6 44. 3505 Caldwell Drive 384-072-02-00-0 $118.00 45. 2807 Edmonton Street 441-211-01-00-6 $118.00 46. 3712 Pacino Court 384-180-33-00-8 $333.00 47. 3505 ReederAvenue 441-022-10-00-4 $333.00 Ward 7 48. 1813 Clark Street 023-114-02-00-3 $333.00 49. 5601 Monitor Street 412-220-23-00-4 $1,145.00 50. 1800 Saint Clair Court 372-182-26-00-5 $333.00 The owners of the above-mentioned properties failed to commence the required work as 03108117 CC AGENDA PACKET PG 135 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. F-11 Ii all M I ��i 14 LI k &I Description D ReSdUdOlrl D Dedairadoin D ExhbUk D ExhHNt IB Type Resokltblrl Exhbt Exhbt Exhbt 03108117 CC AGENDA PACKET PG 136 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 February 13, 2017, 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 0310$117 CC A EN A PACKET FAG 137 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, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY: RICHARD IGER Associate City Attorney PAMELA MCCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OA 0310$117 CC A EN A PACKET FAG 138 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A" and Exhibit "B ": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" and Exhibit "B" which are attached hereto and made a part hereof by this reference in December 2016 and January 2017. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A" and Exhibit "B ". 3. Records of the Bakersfield Building Department reflect that on January 20, 2017 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 16th day of February 2017, at Bakersfield, California. David Paquette Code Enforcement Supervisor 0310$117 CC AGENDA PACKET FCC 139 02/13/2017 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- 322- 14 -00 -9 210 Wood Street Olivia Behill $5,138 $333 $5,471 210 Wood Street 16 -7566 Bakersfield, CA 93307 0310$117 CC A EN A PACKET FAG 1 02/13/2017 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. 021-311-08-00-4 3604 Amherst Street Anthony Nuno $0 $118 $118 3604 Amherst Street 16 -5338 Bakersfield, CA 93305 2. 010 -032- 16 -00 -3 440 Brundage Lane Bui Trust $300 $333 $633 2010 Niles Street 16 -8151 Bakersfield, CA 93305 3. 011- 050- 05 -00 -0 721 Brundage Lane Sia Investments LLC $0 $333 $333 2407 Windermere Street 16 -6967 Bakersfield, CA 93311 4. 139- 052- 02 -00 -6 205 E California James Ung & $85 $666 $751 Avenue Gwen Mc Williams 207 E California Avenue 16 -6829 Bakersfield, CA 93307 5. 384 - 072- 02 -00 -0 3505 Caldwell Drive Jose Leal & Maria Gorgonio $0 $118 $118 5313 Plainview Drive 16 -5880 El Paso, TX 79924 6. 010-311-25-00-3 120 Chester Avenue 1 Red Invs Inc $0 $333 $333 4012 Brae Burn Drive 16 -6734 Bakersfield, CA 93306 7. 006 - 532- 02 -00 -6 1227 Chester Avenue Raymond Karpe $75 $666 $741 8501 Camino Media Ste 400 16 -5260 Bakersfield, CA 93311 8. 023-114-02-00-3 1813 Clark Street William Sahota $0 $333 $333 1813 Clark Street 16 -5519 Bakersfield, CA 93304 9. 495 - 460- 19 -00 -8 13416 Coco Palm CB Holding Inc $0 $118 $118 Court 3000 Belle Terrace 16 -5965 Bakersfield, CA 93307 10. 331 - 201- 23 -00 -5 609 Davies Court Denny Ray Moss $0 $118 $118 609 Davies Court 16 -5304 Bakersfield, CA 93309 11. 021- 382- 02 -00 -4 1805 Duke Drive Joseph Lozano & $0 $118 $118 Jennifer Lozano 1805 Duke Drive 16 -6167 Bakersfield, CA 93305 12. 441 - 211- 01 -00 -6 2807 Edmonton Street Rosa Carrillo $0 $118 $118 2012 Julian Avenue 16 -5773 Bakersfield, CA 93304 13. 021- 082- 04 -00 -3 2804 Fordham Street Benjamin Carillo Jr $0 $650 $650 1709 St Clair Court 15 -8144 Bakersfield, CA 93304 14. 332 - 613- 07 -00 -9 5921 Genoa Drive Diane Iniego $0 $666 $666 5921 Genoa Drive 16 -4210 Bakersfield, CA 93308 15. 019- 072- 17 -00 -1 415 S Haley Street Eliseo Jara Jr $0 $666 $666 4201 Oceanwood Street 16 -5147 Bakersfield, CA 93309 16. 025 - 122- 12 -00 -5 1413 Ivan Avenue James N Smith Sr Irrev Tr $545 $666 $1,211 PO Box 6625 16 -7012 Bakersfield, CA 93386 0310$117 CC A EN A PACKET FAG 141 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 17. 015- 400- 02 -00 -0 1205 Lake Street Maria Alaniz $0 $118 $118 9018 E Wilson Road 16 -7739 Bakersfield CA 93307 18. 433 - 040- 17 -00 -8 2616 Loch Fern Court Marion Coats Family Trust $0 $333 $333 2616 Loch Fern Court 16 -5984 Bakersfield, CA 93306 19. 412- 220- 23 -00 -4 5601 Monitor Street Bank of America $479 $666 $1,145 1610 E St Andrew Place 16 -6654 Santa Ana, CA 92705 20. 010- 330- 22 -00 -3 100 N Street Mack Ward $0 $333 $333 11201 Illusion Way 16 -4556 Bakersfield, CA 93311 21. 018 - 310- 15 -00 -3 219 Northrup Street Wilfredo Funes $110 $666 $776 219 Northrup Street 16 -6422 Bakersfield, CA 93307 22. 171- 280- 30 -00 -6 4808 Ohman Court Clifton Ohman $0 $333 $333 4808 Ohman Court 16 -6458 Bakersfield, CA 93307 23. 018- 040- 41 -00 -0 1001 S Owens Street Margarita Delgado $325 $666 $991 906 S Baker Street 16 -6727 Bakersfield, CA 93307 24. 171 - 010- 05 -01 -4 1008 Pacheco Road Ramon Hendrix $310 $666 $976 13310 Michaelangelo Drive 16 -6755 Bakersfield, CA 93314 25. 171- 200- 06 -00 -3 1500 Pacheco Road Mae Reid $669 $666 $1,335 #6 1500 Pacheco Road #6 16 -7139 Bakersfield, CA 93307 26. 384 - 180- 33 -00 -8 3712 Pacino Court Rosa Carrillo $0 $333 $333 2807 Edmonton Street 16 -6404 Bakersfield, CA 93309 27. 531 - 012- 03 -00 -7 Paladino Drive Regent Land Inv LLC $800 $666 $1,466 11990 San Vicente BI Ste 200 16 -6694 Los Angeles, CA 90049 28. 008 - 191- 03 -00 -8 2115 Palm Street Don Sperry & Theda Sperry $0 $118 $118 835 Noddy Court 16-7211 Arroyo Grande, CA 93420 29. 002 - 051- 04 -00 -8 3200 Q Street Tony York Rev Trust $0 $118 $118 9250 Reseda Blvd Ste 2B 16 -7337 Northridge, CA 91324 30. 441- 022- 10 -00 -4 3505 Reeder Avenue Linda Black $0 $333 $333 2440 Encina Street 16 -6295 Bakersfield, CA 93301 31. 127- 020- 25 -00 -3 1518 Robinson Street Roberto Oxlaj $0 $666 $666 13 Fairview Avenue 16 -5407 Vallejo, CA 94590 32. 139- 342- 05 -00 -9 219 Rodman Street Julia Avalos $0 $333 $333 219 Rodman Street 16 -4751 Bakersfield, CA 93307 33. 372 - 182- 26 -00 -5 1800 Saint Clair Court Juan Gamez $0 $333 $333 1800 Saint Clair Court 16 -5384 Bakersfield, CA 93304 34. 007 - 084- 03 -00 -0 2225 San Emidio Kate Lee $0 $666 $666 Street 2225 San Emidio Street 16 -4870 Bakersfield, CA 93304 0310$117 CC A EN A PACKET FAG 142 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 35. 172- 132- 09 -00 -3 3615 Shellmacher Manuel Melendez $73 $666 $739 Avenue 3615 Shellmacher Avenue 16 -5955 Bakersfield, CA 93307 36. 021- 424- 07 -00 -4 3225 St Marys Street John Garcia $0 $118 $118 3225 St Mary Street 16 -6164 Bakersfield, CA 93305 37. 120- 200- 12 -00 -8 3883 Union Avenue Epp Family Trust $2,495 $1,261 $3,756 419 Houchin Road 16 -5539 Bakersfield, CA 93304 38. 009 - 480- 23 -00 -0 405 V Street Jacquelyn Francisco $550 $1,261 $1,811 405 V Street 16 -4499 Bakersfield, CA 93304 39. 008 - 283- 04 -00 -1 2317 Verde Street Natalie Hill $75 $666 $741 2317 Verde Street 16 -6055 Bakersfield, CA 93304 40. 383 - 220- 09 -00 -3 3030 Wenatchee Octavio Villegas $0 $650 $650 Avenue 3030 Wenatchee Avenue 15 -6528 Bakersfield, CA 93306 41. 020 - 091- 26 -00 -6 232 Western Drive MKZ LLC $150 $666 $816 8606 Exodus Lane 16 -6520 Bakersfield, CA 93312 42. 139- 432- 24 -00 -0 703 Wilkins Street William Edmonds $49 $666 $715 703 Wilkins Street 16 -7035 Bakersfield, CA 93307 43. 019 - 091- 02 -00 -6 604 S Williams Street Rigoberto Abrego $79 $666 $745 209 Jessie Avenue 16 -7229 Shafter, CA 93263 44. 019 - 121- 01 -00 -1 724 S Williams Street Graydon Foy LLC $49 $666 $715 2284 6th Avenue 16 -7488 San Diego, CA 92101 45. 009 - 332- 07 -00 -4 1 129 8th Street Amin Ashena $0 $650 $650 16838 Magnolia Boulevard 15 -6035 Encino, CA 91436 46. 018 -072- 16 -00 -1 1210 E 9th Street Frank Armantrout & $49 $666 $715 Lee Quimpo 2002 Monterey Street 16 -7207 Bakersfield, CA 93305 47. 139 - 132- 03 -00 -2 209 E 10th Street Elena Miranda $49 $666 $715 223 Hughes Lane 16 -6730 Bakersfield, CA 93304 48. 006 - 124- 01 -00 -8 501 18th Street Valdez Family Trust $0 $118 $451 4616 Panorama Drive 16 -3364 & 16 -6562 Bakersfield, CA 93306 49. 003 - 361- 02 -00 -9 1927 20th Street Christina Galvan $0 $333 $333 PO Box 1886 16 -4698 Bakersfield, CA 93303 0310$117 CC A EN A PACKET FAG 143 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Resolutions g. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 12/6/2016 iTiff-11 1.1 SUBJECT: Resolution approving Cultural Resource Designation and for placement on the Bakersfield Register of Historic Places for property known as New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist Church located at 825 California Avenue. Staff recommends the adoption of the Resolution. BACKGROUND: This project is a request by the Historic Preservation Commission to approve the Cultural Resource Designation of New Mt. Zion Baptist Church of Bakersfield/ Mt. Zion Missionary Baptist Church to the Bakersfield Register of Historic Places. ANALYSIS The City of Bakersfield Municipal Code includes "Historical Preservation" provisions (Chapter 15.72) that are intended to provide a process for preservation of local Historical resources. The stated purpose of the chapter is to allow the "identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, objects, features, sites, places and areas within Bakersfield that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other heritage." The chapter establishes a Historical Preservation Commission to consider requests related to to Cultural Resource Designations, Historical Districts, and areas of Historical Interest. On December 20, 2016, the Historic Preservation Commission held a public hearing to consider information regarding an application for a Cultural Resource Designation submitted by New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist Church. The church has applied for a Cultural Resource Designation of the sanctuary/chapel located at 825 California Avenue. Evidence presented by the applicant demonstrates that New Mt. Zion Baptist Church/Mt. Zion Missionary Baptist Church has served the community for over 130 years as a cultural, social, and 03108117 CC AGENDA PACKET PG 144 spiritual hub in the African American community. Members of the church have historically provided outreach services intended to bring the neighborhood and community together and those continue today. Mt. Zion with its more than 300 members celebrated their 130th year with a two-day celebration held on November 19th and 20th. The church was originally located at California Avenue and M Street; the congregation subsequently moved to 13th and P Streets, and finally settled at 825 California Avenue in 1929, the church's current location. The current sanctuary, for which your council is considering designation, was built 20 years later in 1949. CONCLUSION The Commission unanimously recommended approval of the application for the designation as a cultural resource for placement on the Bakersfield Register of Historic Places. No persons testified for or against the application. The Commission found that in accordance with Bakersfield Municipal Code (BMC), Section 15.72.050 (Cultural resource and historic district designation — Criteria); the proposed cultural resource may be designated as a cultural resource because it meets the following criteria: It exemplifies or reflects special elements of the city's or a community's or neighborhood's historical, archaeological, cultural, social, economic, political, aesthetic, engineering or architectural development; and, It is identified with persons or events significant in local, state or national history; and BIVIC Chapter 15.72.120 (Historical Preservation-Council Action) requires that not less than 60- days after the Commission has made a recommendation regarding an application for designation, the Council shall approve or disapprove the designation. Staff is recommending approval. Therefore, Staff is recommending that your Council adopt the Resolution. ATTACHMENTS: Description D ReSdUdOlrl Type ResokldOlrl D PhOb Of CdtU4 ReSOUirce IMt ✓oin BackU�p IMateirila. � 03108117 CC AGENDA PACKET PG 1 45 RESOLUTION RESOLUTION RECOMMENDING APPROVAL OF A CULTURAL RESOURCE DESIGNATION AND FOR PLACEMENT ON THE BAKERSFIELD REGISTER OF HISTORIC PLACES FOR PROPERTY LOCATED AT 825 CALIFORNIA AVENUE KNOWN AS NEW MT. ZION BAPTIST CHURCH OF BAKERSFIELD /MT. ZION MISSIONARY BAPTIST CHURCH. WHEREAS, the New Mt. Zion Baptist Church of Bakersfield /Mt. Zion Missionary Baptist Church (OWNER) has applied to the Historic Preservation Commission for designation of property located at 825 California Avenue, Bakersfield, California, Assessor Parcel Number 009 - 051 -10, as a Cultural Resource pursuant to Bakersfield Municipal Code 15.72.070 and for placement on the Bakersfield Register of the Historic Places; and WHEREAS, the Historic Preservation Commission received public testimony regarding the evidence for or against the proposed designation; and WHEREAS, the OWNER had submitted an application to the City of Bakersfield to bring historic recognition to the property, specifically the chapel. New Mt. Zion Baptist Church /Mt. Zion Missionary Baptist Church has served the community for over 130 years as a cultural, social, spiritual hub in the African American community. The church has been located at 825 California Avenue since 1929. The current sanctuary was built in 1949; and WHEREAS, the Historic Preservation Commission, after consideration of the application pursuant to the Bakersfield Municipal Code 15.72.060 found the property to be qualified for and worthy of Cultural Resource Designation on December 20, 2016; and WHEREAS, the property referred to is situated in the City of Bakersfield, County of Kern, and is described as follows: Lots Six (6), Seven (7) and Eight (8) in Block Nine (9) of the Lowell Addition, as per map recorded November 25, 1898 in Book 1 pages 13 and 14 of Maps in the office of the County Recorder of said County. WHEREAS, the Historic Preservation Commission recommends the property to be designated as a Cultural Resource and that it be placed on the Bakersfield Register of the Historic Places and has made the following findings in support of the decision to recommend designation of property as a cultural resource: • It exemplifies or reflects special elements of the City's, a community's, or neighborhood's historical, cultural, social, economic, political, aesthetic, engineering, architectural development; It is identified with persons or events significant in local history; • Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city. 0310$117 CC A EN A PACKET FAG 146 NOW THEREFORE, the Historic Preservation Commission of the City of Bakersfield does hereby resolve as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. That the property located at 825 California Avenue, Bakersfield, California known as New Mt. Zion Baptist Church of Bakersfield /Mt. Zion Missionary Baptist Church should be designated as a Cultural Resource of the City of Bakersfield by the City Council; and further, 3. That the same property be placed upon the records of the Bakersfield Register of Historic Places; and further 4. That the City Clerk will notice such designation be recorded with the County Recorder within fifteen days after action of the City Council. --------- - - - - -- 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: X00-0 RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy Assistant Attorney II PAMELA MCCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0310$117 CC A EN A PACKET FAG 147 Al", ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/17/2017 WARD: Ward(s)1, 7 SUBJECT: Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 2-65 (SEC of Ming Avenue & Wible Road) — Ward 7 2. Area 4-163 (1319 1 st Street) — Ward 1 Staff recommends adoption of the Resolutions. BACKGROUND: On January 25, 2017 the Council adopted Resolutions of Intention No. 1910 and 1912, respectively, to add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded for each territory with the Kern County Assessor-Recorder's Office upon approval of these Resolutions. 03108117 CC AGENDA PACKET PG 1 49 ATTACHMENTS: Description D ReSdUdoin adding /kirea .a...65 to the Consohdated Mai'iinteinaince Dilstidct D MD 2 65 EkNNtl D MD 2 65 ExhbUk D MD 2 65 EkNNt IB D MD 2 65 EkN N t C D MD 2 65 EkNNt D D MD 2 65 EkNNt E D MD 2 65 EkNNt F D ReSdUdoin adding /kirea 4...163 to the Consofidated Mai'iinteinaince Dilstidct D D 4 '163 ExhNtl D D 4 '163 ExhNt/k D D 4 163 ExhNt IB D �M D 4 163 ExhNt C D D 4 163 ExhNt D D �M D 4 163 ExhNt E D D 4 163 ExhNt F Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt 03108117 CC AGENDA PACKET PG 150 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 2 -65 (SOUTHEAST CORNER OF MING AVENUE & WIBLE ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 2 -65, 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. 1910 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 2 -65, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 2 -65 (southeast corner of Ming Avenue & Wible Road), to the Consolidated Maintenance District, Bakersfield, S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2 -65 \Res Estab.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 151 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 2 -65 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 2016 -2017 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 \Area 2 \MD 2 -65 \Res Estab.docx Page 2 of 3 0310$117 CC AGENDA PACKET FCC 152 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 , GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 2 \MD 2 -65 \Res Estab.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 153 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -65 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the southeast corner of Ming Avenue and Wible Road and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2 -65 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 15 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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\ Format ion Documents \Area 2 \MD 2 -65 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 155 LEGAL DESCRIPTION Area 2 -65 An area located in Section 12, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 16 -283 3001 Ming Avenue Bakersfield California Containing: 14.67 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC AGENDA PACKET FCC 156 PIMA/ WIM, M, NOT TO SCAILF EXHIBIT "'B"" I - 03108117 CC AGENDA PACKET PG 151 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0310$117 CC A EN A 158 MAINTENANCE DISTRICT AREA 2 -65 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 159 Assessor's Tax No. 023 - 521 -01 -008 Total Date: MAINTENANCE DISTRICT AREA 2 -65 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC AGENDA PACKET FCC 160 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of a Seritage Parcel at Valley Plaza, Bakersfield, in a Consolidated Maintenance District ("CMD") APN: 023-521-01-00-8, SPR No. 16-283 The undersigned, GS Portfolio Holdings LLC, a Delaware limited liability company (the "Owner"), is the fee owner of the property legally described in the attached Exhibit B (the "Property"). The Owner hereby requests that the Property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 7 20 at 5:15 p.m. in the Council Chambers located at 1501 fruxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. [Signatures on the following page] GS Portfolio Holdings LLC, c/o General Growth Properties, Inc. 1110 North Wacker Drive I Chicago, Illinois 60606 1312.960.5000 03108117 CC AGENDA PACKET PG 161 CD/kl Enclosure Respectfully, GS Portfolio Holdings LLC By: GGP-SRC Member, LLC, its managing member By: / 0 Authorized Signatory ry Signature page to application for inclusion of the Sentage Parcel at Valley Plaza, Bakersfield, in a Consolidated Maintenance District 1j, I 03108117 CC AGENDA PACKET PG 162 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -163 (1319 1sT 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 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 -163, 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. 1912 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 -163, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -163 (1319 lst 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 \Area 4 \MD 4- 163 \RES EST.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 163 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 -163 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 2016 -2017 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 \Area 4 \MD 4- 163 \RES EST.docx Page 2 of 3 0310$117 CC AGENDA PACKET FCC 164 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 , GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 4 \MD 4- 163 \RES EST.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 16.E PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -163 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1319 111 Street and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 163 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 166 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 2016 -2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 163 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 167 LEGAL DESCRIPTION Area 4 -163 An area located in Section 31, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 16 -0032 1319 1 st street Bakersfield California Containing: 0.53 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC AGENDA PACKET FCC 168 ------[313 UNB&GE NOT TO SCALF 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 0310$117 CC A EN A P, �l Ei FAG 17 MAINTENANCE DISTRICT AREA 4 -163 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 171 Assessor's Tax No. 010- 312 -15 -001 Total Date: MAINTENANCE DISTRICT AREA 4 -163 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC AGENDA PACKET FCC 172 Inclusion of a Subdivision into the Consolidated Maintenance District Iglesia de Cristo Bakersfield Centro, Inc. 1319 "1St St. Bakersfield, CA 0304 December 16, 2016 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion of (choose one of the following) Tract Map • Parcel Map • Parcel Map • SPR 16-0032 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) Tract Map • Parcel Map • Parcel Map Waiver • SPR 16-0032 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.64.021. Enclosed is a check for $871 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93-301. We hereby waive our right to further notice of that hearing. Respectfully, I – Adolfo Espinoza President, Iglesia de Cristo Bakersfield Centro, Inc. 03108117 CC AGENDA PACKET PG 173 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/17/2017 WARD: Ward (s) 2, 3, 6 SUBJECT: Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1913 to add Area 1-116 (SEC of Commerce Dr. & Commercial Way) — Ward 2 2. ROI No. 1914 to add Area 2-66 (SEC of Wilson Rd. & S. Real Road) — Ward 6 3. ROI No. 1915 to add Area 3-102 (NEC of Mountain Ridge Dr. & Taft Hwy.) — Ward 6 4. ROI No. 1916 to add Area 4-164 (1920 Golden State Hwy.) — Ward 3 STAFF RECOMMENDATION: Staff recommends adopting the Resolutions of Intention. BACKGROUND: Written requests have been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. 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 03108117 CC AGENDA PACKET PG 174 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. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting. ATTACHMENTS: Description D RG#1913addinghreal 116 tea the CW) D D t..'116 EkNNtl D D t..'116 ExhbUk D D 1 116 EkN lb t lB D �M D 1 116 EkN N t C D D 1 116 EkN lb t D D D 1 116 EkN lb t E D D 1 116 EkN lb t F D FAG; #1914 adding /kirea ,a...66 to the CU) D MD 2 66 EkNNtl D MD 2 66 ExhbUk D MD 2 66 EkNNt IB D MD 2 66 EkN N t C D MD 2 66 EkNNt D D MD 2 66 EkNNt E D MD 2 66 EkNNt F D FAG; #1915 adding /kirea 3 ...'102 to the CU) D D 3 '102 ExhNtl D D 3 '102 ExhNt/k D D 3 102 ExhNt lB D �M D 3 102 ExhNt C D D 3 102 ExhNt D D �M D 3 102 ExhNt E D D 3 102 ExhNt F D FAG; #1916 adding /kirea 4 ...'164 to the CU) D �M D 4 '164 ExhNtl D D 4 '164 ExhNt/k D D 4 164 Exh lb t IB D �M D 4 '164 ExhNtC D D 4 164 Exh lb t D D D 4 164 Exh lb t E D D 4 164 Exh lb t F Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt 03108117 CC AGENDA PACKET PG 175 RESOLUTION OF INTENTION NO. 1913 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1 -116 (SEC OF COMMERCE DRIVE & COMMERCIAL WAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 1-116 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 16\R01 1913 EST CMD.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 176 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 16\R01 1913 EST CMD.docx Page 2 of 3 0310$117 CC AGENDA PACKET FCC 177 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH 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 \Area 1 \MD 1- 116 \ROI 1913 EST CMD.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 178 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-116 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the southeast corner of Commerce Drive & Commercial Way 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 S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1- 116 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 179 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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 \Area 1 \MD 1- 116 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC ACEN A PACKET FCC 18 LEGAL DESCRIPTION Area 1 -116 An area located in Section 34, Township 29, Range 27 M.D.B. & M., more particularly described as follows: S P R 16 -0325 1408 Commercial way Bakersfield California Containing: 1.05 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC ACEN A PACKET FCC 181 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-116) TOTHE CONSOLIDATBD-MAINTENANCE DISTRICI BAKERSFIELD, CALIFORNIA EXHIBIT'OB"' I 03108117 CC AGENDA PACKET PG 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, 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 0310$117 CC A EN A P, �l Ei FAG 183 MAINTENANCE DISTRICT AREA 1 -116 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 18 Assessor's Tax No. 331 - 330 -31 -009 Total Date: MAINTENANCE DISTRICT AREA 1 -116 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC AGENDA PACKET FCC 185 Gagal Prop Nevada,LLC 1408 Commercial Way Bakersfield, CA 93309 (661) 631-4312 Inclusion of a Subdivision into the Consolidated Maintenance District � � �,*$ • City of Bakersfield -Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 57-M. M X N F-2. ", N. RE. Inclusion of Parcel I of Parcel Map Waiver P96-0894/ATN 331-330-31-009 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within Parcel I of Parcel Map Waiver P96-0894 hereby request that the property be included within the CM:D. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021, Enclosed is a check for $ 871.00 as required by the Cityto cover the costs of this inclusion into the GIVID, If requested, our engineer will supply you with a computer disk copy of the map for your use, We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave- Bakersfield,— CA 93kI . We hereby waive our right to further notice of that hearing, . Respectfully, it fir 'et"H hs', CFO Gagal Prop Nevada, LLC 03108117 CC AGENDA PACKET PG 186 RESOLUTION OF INTENTION NO. 1914 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2 -66 (SOUTHEAST CORNER OF WILSON ROAD & S. REAL ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 6) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 2 -66 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2- 66 \ROI 1914 EST CMD.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 187 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2- 66 \ROI 1914 EST CMD.docx Page 2 of 3 0310$117 CC ACEN A PACKET FCC 188 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \Area 2 \MD 2- 66 \ROI 1914 EST CMD.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 189 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -66 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the southeast corner of Wilson Road and S. Real Road and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST\Formation Documents \Area 2 \MD 2 -66 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 190 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 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\ Format ion Documents \Area 2 \MD 2 -66 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 191 LEGAL DESCRIPTION Area 2 -66 An area located in Section 11, Township 30, Range 27 M.D.B. & M., more particularly described as follows: SPR 16 -9946 3699 Wilson Road Bakersfield California Containing: 0.65902 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC AGENDA PACKET FCC 192 Es (ill, 111 EXHIBIT "B'n I 03108117 CC AGENDA PACKET PG 19.5 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0310$117 CC A EN A 194 MAINTENANCE DISTRICT AREA 2 -66 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 19.E Assessor's Tax No. 441 - 370 -01 -006 Total Date: MAINTENANCE DISTRICT AREA 2 -66 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC AGENDA PACKET FCC 196 Inclusion of a Subdivision into the Consolidated Maintenance District Reern R. Fahil 3699 Wilson Road 661-201-1522 I Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 RE: Inclusion of (choose one of the following) Tract Map * Parcel Map • Parcel Map Waiver No. –gjPR #, 16-9948 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of thi-, following) T -4 Pamel Map— Kt SPR # 1§.-9946 hereby request that the property be included within the CMD. This request is in accordance with the requirementsof; Bakersfield Municipal Code Section 13.04.021 Enclosed is a check for $ --��71 _.00 as required • the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy • the mar) for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 20— at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, RAZANCO GROUP INC. REEM R. FAHIL PRESIDENT 03108117 CC AGENDA PACKET PG 197 RESOLUTION OF INTENTION NO. 1915 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3 -102 (NORTHEAST CORNER OF MOUNTAIN RIDGE DRIVE & TAFT HWY.) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 6) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner(s) has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 3 -102 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 102 \R0I 1915 EST CMD.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 198 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 102 \R0I 1915 EST CMD.docx Page 2 of 3 0310$117 CC AGENDA PACKET FCC 199 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit T" S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 102 \ROI 1915 EST CMD.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 200 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -102 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the northeast corner of Mountain Ridge Drive & Taft Hwy. and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living S: \PROJECTS\MAINDIST \Formation Documents \Area 3 \MD 3- 102 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 201 reflected in the Los Angeles- Riverside - Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2015 -2016 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 3 \MD 3- 102 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 202 LEGAL DESCRIPTION Area 3 -102 An area located in Section 34, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Tract 6760 5514 Highway 119 Bakersfield California Containing: 8.85 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC AGENDA PACKET FCC 203 NOT TO SCAILF EXHIBIT B"" I 03108117 CC AGENDA PACKET Pb 2Uq 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 0310$117 CC A EN A P, �l T T 205 MAINTENANCE DISTRICT AREA 3 -102 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 206 Assessor's Tax No. 532 - 040 -02 -006 Total Date: MAINTENANCE DISTRICT AREA 3 -102 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC AGENDA PACKET FCC 207 Inclusion of a Subdivision into the Consolidated Maintenance District January 27, 2017 Attn: Daniel Padilla 1•00 Truxtun Avenue Bakersfield, California • 3 ZEE= Am • - AIM.. i Lvi - a 0 . 03108117 CC AGENDA PACKET PG 2 08 RESOLUTION OF INTENTION NO. 1916 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -164 (1920 GOLDEN STATE HWY.) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -164 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 164 \R0I 1916 EST.docx Page 1 of 3 0310$117 CC AGENDA PACKET FCC 209 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 164 \R0I 1916 EST.docx Page 2 of 3 0310$117 CC AGENDA PACKET FCC 21 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in 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 \Area 4 \MD 4- 164 \ROI 1916 EST.docx Page 3 of 3 0310$117 CC AGENDA PACKET FCC 211 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -164 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1920 Golden State Hwy. 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 \Area 4 \MD 4- 164 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 212 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 2016 -2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 164 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0310$117 CC AGENDA PACKET FCC 213 LEGAL DESCRIPTION Area 4 -164 An area located in Section 24, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 16 -0187 1920 Golden State Hwy Bakersfield California Containing: 5.6 Acres, more or less. i *AV :ii:1111r_1 0310$117 CC AGENDA PACKET FCC 21 NOT TO SCALF . . .. .. .. . "I IN I �EXHIBIT "B" 1 17 CC AGENDA PACKET Pb 215 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 0310$117 CC A EN A P, �l Ei FAG 216 MAINTENANCE DISTRICT AREA 4 -164 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 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 0310$117 GG AGENDA PACKET FAG 217 Assessor's Tax No. 332 - 210- 260 -007 Total Date: MAINTENANCE DISTRICT AREA 4 -164 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0310$117 CC ACEN A PACKET FCC 218 Rom � - - "A Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Regarding: of Parcel 3 of Parcel lVap, 4976 In a Consolidated Mailienance I.-Astrict (CMD), ATN-. 332-210-26-00--1 We, the undersigned, as owners of Parcel 3 • Parcel Map 4976 theProperty included within. Golden Empire Transit District hereby request that the property be included within the CMD, This request isin accordance: with the requirements of Bakersfield Municipal Code Section 13,04.021. Enclosed is a check for $ 871.00 as required • the City to cover the costs of this inclusion into the CIVID, If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable laws "), a City Council hearing will be held for purposes of including the above property within the CMCA and determining the amount of assessments. We hereby waive our right --.o have a heasinq within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for -, 20 17 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully,) Print Nab e1z'/1 Title Golden Empire Transit District I ►1 I IT IN I t11 2 *V14:1 W k 9 � 1830 Golden State Avenue - Bakel field, California 93301-1012 phone (661) 324-9874 fax (661) 869-6394 03108117 CC AGENDA PACKET PG 219 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 2/7/2017 &1[11 1.1 SUBJECT: Mount Vernon Green Waste Facility Operations: 1. Resolution determining that landscape spreading of wood chips along freeway embankments cannot be obtained through the usual bidding procedures because of the unavailability of more than one local contractor, and authorizing the Finance Director to dispense with bidding therefore, not to exceed $250,000 for FY 2016/17. 2. Amendment No. 1 to Agreement PW1 7-021 with J&M Land Restoration, Inc (not to exceed $250,000) for applying City furnished woodchips along the Westside Parkway. 3. Appropriate $250,000 Refuse Fund Balance to the Public Works Department's operating budget within the Refuse Fund. STAFF RECOMMENDATION: Staff recommends adoption of Resolution, and approval of the Amendment and appropriation. BACKGROUND: For over 30 years, wood chips provided a source of renewable energy within California through a network of biomass power plants. The City sold wood chip fuel to the local biomass plant in Delano for 25 years, bringing in revenue of over $600,000 per year to offset the cost of grinding wood chips at the Mt. Vernon Recycling Facility. The Delano plant also provided trucking, valued at nearly $400,000 per year. However, the Delano plant closed in December of 2015, leaving the City with no mass buyers or users of the wood chips. The closure of the Delano plant is reflective of a shift in the renewable energies market, with a preference for solar power. Concerted efforts to keep the biomass plants open have been made by several farm and industry groups, legislators, and the Governor's office. These efforts have had limited success and as a result, it has become necessary for the City to find alternative methods to dispose of the woodchips. On February 15, 2017 the City Council approved a contract for K&I Hauling Services (K&I) to haul woodchips to various outlets as they become available. One such outlet is the Westside 03108117 CC AGENDA PACKET PG 220 Parkway (WSP) embankment and shoulder areas. Application of a fresh layer of wood chips over the old wood chips will provide an outlet for over 100 truckloads of excess wood chips while improving the aesthetics of the WSP. To efficiently apply wood chips along the WSP, a contractor using specialized equipment to spread the wood chips is necessary in addition to the trucking contractor mentioned above. Because of a lack of storage space for excess wood chips at the Green Waste Facility, the City needed to expedite the removal of excess wood chips from the Facility; therefore, the Public Works Department executed Department Agreement PW17-021 with J&M Land Restoration, Inc. (J&M) on February 6, 2017 for initial wood chip spreading along the WSP. The contract was limited to $40,000 and allowed the initial application of wood chips to a portion of the WSP to begin while a larger project could be scoped for the remainder of the WSP. At the time of executing Agreement PW17-021, J&M was the only responsive contractor that could respond quickly, had the appropriate equipment and was capable of completing this type of work. Since execution of Agreement PW17-021, staff has continued to scope the remainder of the wood chip application project and reach out to other potential contractors for bidding the work. However, J&M continues to be the only local contractor equipped for such work on freeway embankments. Other firms in Southern California have stated they cannot do the work with the type of wood chips currently produced by the Green Waste Facility. Therefore, because of the need to continue with expediting the removal of the excess wood chips from the Green Waste Facility by applying them to the WSP, staff recommends dispensing with the normal bidding process and approving the Amendment pursuant to Bakersfield Municipal Code Section 3.20.060.D.2 for local contracting. Approximately 55% of the cost for this Amendment will be covered by Kern County in accordance with the Green Waste Cost Share Agreement. There is no General Fund impact associated with this Amendment. ATTACHMENTS: Description D ReSdUdOlrl D AMENDMEN'l' D EkNNt Type Resokltblrl /kgireeirneint Exhbt 03108117 CC AGENDA PACKET PG 221 UWMUM�� WHEREAS, the City of Bakersfield has an excess sup,ply of recycled wood chip rinateria] due to the 2015 closi,,,ure of the local biornass power plant in Delano, CA; arid! WHEREAS, the City is striving to locate and use alternate ouflets for said surpluis material, and WHEREAS, the IlaandscMaap e areas of the West Side Parkway (WSP) are a usable outlet for s6d material; and WHEREAS, the City has, arranged for delivery of said material to the WSP via contracting with as trucking cornpariy,- and WHEREAS, after delivery of said material to the "ASP a contractor with certain equipment suitable for fre way embankment app icafior-i of wood chip material!! is necessary to apply said aiaterialto the landscape; and WHEREAS, J�&M Land Restoration, lnc. (J,& M), 'is, the only local contactor equipped suitably to handle said project; and WHEREAS, the City previously contracted with J&M to do siii-nilair work under Agreement PW 17-02 1, arid WHEREAS, the City, and J&M rnutually desire to amend said Agreement to coiry)plete the project as identified by the pity; armed ® the N.jblic, Works Director i ecomn,iends the COUnCil find said work can only be reasonably obt6ned frorn J&M, and because of the need for expediency to utilize excess wood chips to relieve congestion and fire danger at the City's wood chip production facility, recommer)ds the COL)ncil dispense with bidding, in accordaince with subsection D.2 of Section 3.201.0160 of the B(,.ikersfield Municipal Code. G V' ,)RO�1JPDA"r\AIDMINHI"T\20.17\3-8\Reso Lit�oi,i -Sole Source for IM Land Restaratbn (5),doc Page] of 3 Page..,p 03108117 CC AGENDA PACKET PG 222 NOW, THEREFORE, BE IT RESOLVED, by the Counc l f the City of Bakersfield as foflows: The above recitals are true and correct and incorporated herein by reference. 2. The City Councill hereby finds thaf the spreading of wood cNp material can freeway embar -ikrnerils on the West Side Parkway can only be reasonably obf61ned frot-n one contractor (JI&M Land Restoration, Inc.) because of lhe r'iecesOy tO Utilize excess wood chips in an expeditious mar,iner. I The Finarijce Director is aulhorized to dispense with Uddingi and to negotiate the purchase of sarne, nol to exceed $,250,0100. SIGNATURES-NEXT PAGE Cs:\�R(,)UPIDAT'„ADMINRf )-T\2017\ 8\R M%(-)GLitnOrI -Sole lkwte for JM Land Reslorafion (5),doc . Paf;e 2 of 3 Pa[.'!,c s, , 03108117 CC AGENDA PACKET PG 22 3 AY FSI COUCILMEMBER R I V F RA , G 0 [, Z A I, FS, W F I R, S M I C 11, JI, - 111 V A N, I A R I IF; R NOES: C01YZILMEMUR AbSIAIN� MUCR-MEMBFR ABSI NI: COUCH NAEMBER PAMELA A. McCARTHY, AMC INTERIM CITY CLERK and Ex Officio Clerk of the COUncH of the City of Bakersfield cumm�� ARE GOH MAYOR of the City of Bakersfield APPROVED AS TO FO,RM- VIRGINIA GENNARO City Attorney 0 ANDREW HEGLUND Deputy City Attorney G:\GR0UPDAl" �ADM IN RPr\2017\3-,8,\Re50kftiMl -5de Source or,JM Land Resimabon (5),doc I Page 3 of 3 Page�.., - 03108117 CC AGENDA PACKET PG 224 AGREEMENT NO. 0,11 , IN I iloj 0, VAje THIS AMENDMENT NO. ONE (I )TO AGREEMENT NO. PW17-021 is made and entered into on . . ......... by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (refer-red to herein as "CITY"), and J & M RESTORATION, INC. (referred to herein as "CONTRACTOR"), WHEREAS, on February 06, 2017, the CITY and CONTRACTOR entered into Agreement No. PW17-0121, wherein CO,NTRACTO,R would piro ide woodchip application services for City, furnished wood chips along West Side Parkway at no additional cost to CONTRACTOR, and WHEREAS, on February 06, 2017, the compensation for Agreement No. P'W 17-021 was not to exceed an annual total of Forty Thousand Dollars ($40,000) with a termination date of Februar 5, 2017; and WHEREAS, both parties to this agreement desire to confirwe to provide services to provide woodchip application services for City furnished wood chips along West Side Parkway; and WHEREAS, both parties to this agreement desire to increase the compensation by an addifioniaI Two Hundred Ten Thousand Doilars ($21+ ,000); and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mu ltually agree to amend Agreement No. PW 1 T-02 1 as, follows-, 1. Secfion 2 of Agreement No. P,W 17-021 entitled "Coaipensation" is hereby amended to read as follows: 2. COMPENSATION. Cornpensation, for all work., services or products called for under this Agreement shall consist of a total payment of Two Hundred Fifty Thousand Dollars ($,250,000) and is further defined in the proposals attached hereto as Exhibit "A" and Amendment I TO Agreement Nio, PW1 7-021 J&M LAND RESTORAMN, INC, &WILINGWOO CONTS & AGMNTS\Fy_1 61 7W & M RESTORATION, M, PW1 7-021 (1),doc -... Page 1 of 3 P -- 0x3/0$/17 CC AGENDA PACKET PG 225 incorporated herein by reference. The compensation set forth in this section shall be the total compensation i under this Agreement including, but not limited to, all out-of-pocket costs and taxes. 0TY shall pay only the compensation listed unless otherwise agreed to lira writing by the parties., 2. Except as amended herein, alli other provisions of Agreement No. PW 17-0121 as previously arnended shalli remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have caused this Amendment No., One [1] to Agreement No. PW17-021 is executed the day and year first above written. "CITY" CITY OF BAKERSFIELD 0 ME z NICK FIDLER APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney n W111 1 1111 1, 111 � 1,� 0 1 �w 11101monim,� � M"' 21-jog-1— -1 j lnsurance.- "CONTRACTOR" ,& M RESTORATION, INC. go Pm i � N a rne� 1110 Amendment 1 TO Agreement No, PTV V117 -0 J&M LAND RESTORATION, M, 6:\F1UNG\400 CONTS&AGMNTS\Fy_1617U& M! RESTORA110N, INC- W07-021(1),doc -- Page 2 of 3 Pages -- 03108117 CC AGENDA PACKET PG 226 COUNTERSIGNED: M NELSON SMITH Finance Durector Amendment 1 TO Agreement No PWI 7-021 J&M LAND RESTORAMN, M. S: T UNM400 CO,NTS & AGMNTS\Fy-1 617WI & IM RESTORATION, I,NC. PW 17-021 (1).doc — Page 3 of 3 Pages -- 03108117 CC AGENDA PACKET PG 227 &M 1640 hanwi; MCI, BaKeMeW, CA, 93308 I )872-70,t9 office (645,1 1 )3191)41'3l 2 (Lix) WPABE C'cN CL1CF1-U0BF, t".A- 32481, CCA-1246, 1,`nrnaH Bussinc,,ss CA Lic # SNOB% Ney Lame 0 0040577, DI #1000003397 Wd Rue 21%, MW Ph) and So Cabfurni;n L,,'iborw Vros t,':ct: C y ci Bakersheild Ara swsjop dIarkiway 0,UcTocl Ykdtknda� None tkrRatrarz John hja-nu" EmaW curn Dah?� 2/23/2011 PRrr VAHD 10 DAQ IN Item Dma"M Quanttty ur"I of Unit Flrke Extended Pricc, PiAr",asure MM)Mutum (Not InckaleA m ftvrnsa une I $ 210 ApN CO WAried waQ clips alicmg Wcstsidc� kIar*mW %320 CY $ 22 500 2 1) 9, a 00, 00 ChM apokahmi dimm mA mibAu Ahm, 0 Uy hurnMa wood ddps to the app hication crate CRY is to provide the, VVC)t.xj chps at' noti osi tc WM 101 th#"' pro!"ect City can 601c't to reduco. ur mo va';c the, quawit"Itty Kdg ncu "'additioriak c'gu' Cfips an-, tcp be 13" fin cfian'aeter or sioaflcr, kAcLqm'q L W0AWqW AUM /40 1 ITS AS MW Mai to Fin Wddca; not indude any ovomm,weekenes or hrfAWaywork or n[ 04voork, thh, if ctwwo�, vv.-m,,3r it tk.,, sF, rjmgtx.v a r. '350GPM urwri0'q 14,0(X)gal trisck, av'Lu ' to the sivr, fri regular 6'a0m",Qbm NV & Mu ml &W to GC A W pwide any W poepamton was ay; t aNage ot Ow"mm M mgt-1 &K mu"oratq wmd romwol pWM eAkAt"en emAk K bawd on J&Ws worem Owurmw% a" ad&twnak irswaiwe m45ed may W IUPW&d ot do WhWWA CW MOP PMd bV =nhe W is laWn Wr aq swuln on W aeur q""Wks. i&TV as H nW auqA a" balclage at WKnnn to W conivad whims p"Mer WNWan s glen in whn, No rewnHoi m to be vvdMdd 0310$117 CC AGENDA PACKET PG 228 AGREEMENT NO. -F) W 1 7 0 2 1 THIS AGREEMENT is made and entered into, oni, FIB 0 6 7017 ', by and befween the CITY OF BAKERSFIELD, a municipal corporation, ("'CITY" herein) and J & M LAND RESTORATION, INC. ("CONTRACTOR" herein), I WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of landscaping services. NOW', THEREFORE, incorporating i the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is, described as: 1.1 Apply City furnished woodchips along West Side Parkway. City is to provide the woodchips to application, site at no additional cost to contractor. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shalli consist of a total payment of Forty Thou lsand Dollars ($40,000) which shall be paid as set forth in "Exhibit A." The compensation set forth in this section shall be the total compenisaition under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized: invoice for the work completed and approved by CITY in accordance with the terms of this Agreement, Payment by . . ...... .... . ...... C1,',)N'TRACT(')R INDEPENDENT CONTRACTOR's AGREEMENT Is NFILANGWOO CONTS & AGMNTWy_T617`J & M Land Restorawn Vloodchp App icakn Conlract dou COPY -- Page 1 of 9 Pages -- 03108117 CC AGENDA PACKET PG 229 CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name alll key personnel to be assigned to the work set forth herein. Ali key personnel sha,ll be properly licensed and have the experience to perfornn the work called for under this Agreement. CONTRACTOR, shall provide background for each of the key personnel including® without limitation, resurnes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of 0TY. 5. STARTING WORK. CONTRACTOR shall not begin work until i authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY, 6. INCLUDED DOCUMENTS., Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses, thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. NO WAIVER OF DEFAULT. The failure of ainy party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement, 8. LICENSES,., CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCE All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in, California. . .... . . ......... MDEPENDENT CONTRACTOR'S AGREEMENT COPY S aFILING%400 CONTS & AG1v1NTS%Fy_1617W & M Land Restoration Wocdd ip Appkcation Cantra, :�r docx -- Page 2 of 9 Pages 03108117 CC AGENDA PACKET PG 230 11. EXHIBITS, In the event of a conflict between the terr-ris, conditions o�r specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner as set forth, herein, this Agreement shall teriminate one ( 1 ) year from the date of execution. 13. TERM I NIIA'TION. This Agreement may be terminated by any party upon Thirty (30) days' written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR, shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which, may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing oust of this Agreement all Municipal ordinances and State and Federal statutes, runes or regulations, and permitting requirements now in force or which may hereafter be in force Including, without limitation, obtaining a City of Bakersfield business fax certificate (Bakersfield Municipal Code Chapter .02) where required. 15. SB 854 COMPLIANCE To the extent Labor Code Section 1i 771.1 applies to this Agreement, a contractor or subcontractor shalll not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771 . I for an unregistered contractor to submit a bid thait is authorized by Section 70291.1 of the Business and Professions Code or by Section 101,64 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 17 .5 at the time the contract is awarded. The prime contractor is reqOred to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, 16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an Independent INDEPENDENT CONTRACTOR'S AGREEMENT lr` 0 P "V111, S RUN&AGO CONI S & AGMN TSTy 161TU 9 M Land ResbraWrt Wooddip Applicitson CoMradrdocx -3 -- Page 3, of 9 Pages -- 03108117 CC AGENDA PACKET PG 231 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT., CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services, under this Agreement. 19. INSURANCE, In addition to any other insurance or boind required under this Agreement the CONTRACTOR shall procure and maintain for the duration: of this Agreement the following types and limits of insurance ("'basic insurance require mien ts") herein: 19.1 Automobille flabLirity 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 ($1,000,010O) pet, occurrence; and the policy shall: 19.1.1 Provide coverage for owned, non-owned and hired autos. 19.2.1 Provide contractuall liability coverage for the terms, of this Agreement. 19.202 Provide unlimited products and completed operations coverage. 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4, At] policies shall be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may Utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-insured provision or requirement by anyone other than the Naimed._,______,, ...... ................ . Oil INDEPENDENT CON17RAC1 OR'S AGREEMENT S WIIAN4y`,400 COOTS & AGMNTS,Fy_1,617W S. M Land Resioration Wwdchip Apphr-Wirin Cantrad docx -- Page 4 of 9 Pages 03108117 CC AGENDA PACKET PG 232 Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 19.3 Workers' com ensaition insurance with statultory limits and employer's liability insurance with limits of not Mess, than One Million Dollars ($11,000,0001) per occurrence,- and the policy shall contain a waiver of subrogation in faivor of the City, its mayor, council, officers, agents, employees and volunteers. 19'.4 All policies required of the CONTRACTOR shall be primary insurance as fo the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it, 19.6 Unless otherwdse approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (3,0'), days written notice of cancellation or imaterial change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 19.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of Phis Agreement, 19,9 Full compensation for all prerniums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various, items of work to be performed under . ............ IN DEPENIDENTCONTRACTOR'S AGREEMENT S)FILING1400 CONTS &AGMNTV1Fy_1617W & M Land P" oraWn WoodchpAppheatior'? CorArauti dou -- Page 5 of 9 Pages ()P)r 03108117 CC AGENDA PACKET PG 233 the Agreement, and no additional allowance will be made therefor or for additional premiums, which may be required by extensions of the policies of insurance, 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in, any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 19.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insuraince requ,irements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR, 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. II;TY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. TH1W PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims, relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification,. 21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers,, agents and employees against any and all liability, claims, actions, causes of action or der nands whatsoever agailinst them, or any of therm, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with!, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of or in any way arising from, the terms and provisions of this Agreement whether or not caused 'in, part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties, are equally responsible for authorship of this Agreement. Section, 11, 654 of the California Civil Code shall not apply to the interpretation of this Agreement. 23. NOTICES. Alill notices relative to this Agreement shall be given in writing and shalt/ be personally served or sent by certified or registered mail and be effective upon actual personal service or depositingi, in the United States mail. The parties shall be addressed as follows,, or at any other address designated by notice: ...... . ............ INDEPENDENT CONTRACTOR'S AGREEMEN'r CON'TR ACT Ol'i S %RLINGA00 CON'rs & AGMN"rs%I y__1G,i 7Q & M Land Resloramn Vkodchp Apphoalor. cxnVacP.AOCK C -- �Page 6 of 9 Pages -- 03108117 CC AGENDA PACKET PG 2 , �4 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truixtuni Avenue Bakersfield, California 93301 CONTRACTOR: J & M LAND RESTORATION, INC. 16401 JAMES ROAD BAKERSFIELD, CA 933,08 Telephone- (661) 872:-7039 24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance, Any litigation arising in any way from this Agreement shall be brought in Kearn County, California. 25. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms, of this Agreemerif and the intent of the parties to this Agreement, 2,6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action,, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 27. BINDING EFFECT, The rights and obligations of this Agreement shall inure to the benefit of, andl be binding upon, the parties to the contract and their heirs,, administrators, executors, personal representatives, successors, and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 28. TITLE TO DOCUMENTS. All docur-nents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms, of this Agreement, shialll, upon preparation, ........ ......... INDEPENDENT CONTRACTOR's AGREEMENT S)FILMOADD CONIS P AGMNMFy._1617\J & M Laruj Restoration Woodchip Appfication Contractdocx -- Page 7 of 9 Pages 03108117 CC AGENDA PACKET PG become the property of the CITY. 30, CORPORATE AUTHORITY. Each individual signing this Agreement on R ehalf of entities, represent and warrant that they are, respectively, duly authorized to sign, on be,half of the entities and to, bind the entities fully to each and all of the obligations set forth in this Agreement. CONTRACTOR's Federal Tax ID Number 77-0132856 CONTRACTOR is a corporation? Yes X No (Please check one.) i 32. NON- INTEREST. No officer or employee of the CITY shall hold' any interest in this Agreement (CaVornia Government Code section 1090). S. RESOURCE ALLOCATION. All obIligations of CITY under the terms of this Agreement are subject to the approp riation and allocation of resources by the City Council, INDEPENDENT CONTRACTOR'S AGREEMENT SVFUNGW0G CONTS 8� AGMN TSTy 161 N & M Land Restoraton Moddup Appkat�on Conlraadocx or P, y -- Page 8 of 9 Pages -- 3108117 CC AGENDA PACKET I 0 T PG 236 IN WITNESS WHEREOF, the parties her to have caused this Agreement to be executed the day and year first-above written. 22111241MIXIMMSIMM121 mill NICK FIDLER Public Works Director CITY ATTORNEY By: OSHUA H. RUDNICK lea ty City Attorney h1 nsurance: COUNTERSIGNED., By:__ N LSON SMITH Finance Director Attachment: Exhibit A "CONTRACTOR" J& M LAND-;RESTORATION, INC. By:' . . . ........... Print Name: Pamela Juefte Tifle: President NDEPENDENT CONTRACTORSAGREEMENT STUNM400 COOTS & AGMNTS%Fy_161 AJ & M I and RWorabon Woode.hip Apphu.,@tvan Contract dace -- Page 9 of 9 Pages -- 03108117 CC AGENDA �11 � 1'0 R PACKET PG 237 J&M 1640 James Road, Bakersfield, CA 93308 (661.)872.,7039 - office (661)399-8882 (faix), WMBE Cert CUCIP.-UDBE CT 32481, CCA•1246, Small Business CA tic # 508089, Nov License # 01040577, DIR #100,0003397 Bond Rate 25% Union No and So California Laborer Project: City of Bakersfield Westside Parkway Wood Chips Addenda: None Estimator: John Juette E mi a; i 1: jj uette @j m1a ndresto ratio n corn Date: 2/2/2017 PRICE VALID 3,0 DAYS Bid iteirn Description Quantity Unit ol Uniit Price Extended Price Measure Mobilization (Not Inciuded! in Items) Apply City furnisned wood chips along Westside Parkway Chip application does not incIude delivery of City furnished wood chips to the application site, City is to provide the wood chips at no cost to J&M for the project, City can elect to reduce or increase the q ua ntity at no additional Cost,. Chips are to be 3" in dianneter or smaller. one Ir $1 21.0 $ 210.00 1,765 Cy $ 22.500 $ 39,712,50 Total: $ 39,922.50 Exclus wqq§Lqqa-hfi"tions/Remarks: Workday is from 7:00,330,8 hrs day - Mon to Fri. Bid does not include any ovvi-time, weekends or hofiday work or night work, The G n caultra qqr (gg) rad tar t royrr c is a 4,000 gal! truck, _q; the traffic controi, water at the seeding siite at 350 GPM with access to the site for regular highway vehicles (top & bottom),, also the GC is to provide any soil) preparation necessary° I ,e. salvage or Placement of topsoil, duff, incorporate, weed removal, plant, establishment, etc.8id is based On J&M'S CUrrent insurance, any additionall insurance required may be supplied at an additional cost to be paid by GC. The CC is liable 'for any averages on bid item quantities, J&M will not accept any backcharge or deduction to the contract unless proper notification is given In wifiting. INo retention is to be withheldi. 03108117 CC AGENDA PACKET PG 238 Bakersfield CA 93308 Donna Scott, OIL- (6162) 616-4 - 700 INSURERIAGCS Marine Ins Cc IMEOU331M 250111 ^OVERAGE$ CERTIFICATE NUMB .16111 Revised Master REVISION NUMBER: THIS IS TO, CERTWY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE. BEEN ISSUED 10 THE INSURED NAMED ABOVET-0—RfIHIE �FKXJCY PERIOD INDICATED NOTWITHSTANDING ANYREQUtREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHIE�R DOCUMENT W9TH RESPECT TO VVH1ICH THIS CERTIFICATE MAY BE ISSUED OR MAY IPERTAkN, THE INSURANCE AFFORDED BY THE POLICIES DESCRWEE) HEREIN M SUBJECT TO ALL THIE 'TERMS, EXCLUSIONS AND CONDITIONS OF SUCH P'4"1UCN UMffS SHOWN MAY HAVE BEEN REDUCED BY PAID C 3LAIMS 4i– ABOLSORRI .TR TYPE Of INSURANCE UNIT's --7--X COMMERCIAL GENERAL LIABILf EACH OCCURRENCE !1 1,000,,00, A CLMMSMADF , X OCCUR DAMAOE'YO AFRTED' 50, 00, "PRIF ft"A'MA 9rP'1wwqv x 1 LR&1399'51 7/8/2016 7/9/2017 MIEIDIFYF(Anywwpo%one 1 5"001 DESCRIPTION OF OPERA100 I LOCATIONS � VEHICLES (ACORO 101, Aftftal Reaft 5CWUI01 may be mhwl If ITIM $Poo W "9010) City of Bakersfield, its mayor, council, officers, agents, egloyeas &I volunteers are named as an additional insured as respects the operations of the named insured Subject to terms and conditions, of above captioned general liability and auto policies but only where required by written contract per t attached forms:, Waiver of subrogation included on t�he work comp policy per foirm. I PERSONAL & AIDS' MJURY I 1 000 1 00 GIEN1 AGGREGATE UMIT APPUES, PER GENERAL AGGRE(Allk- S— 2,0100 00 X IROLWY X I ONER Ir')T LOC, i PRODUCTS COMPADF AGO 5 21 ,000100 OTHER EM00y" Belyomis-Owns S 1,000,00 AUTOMOSILE LIAMILATY MCI , 1,000,00 X ANY AU TO BOM0INJURY (Psrpennn� S B ALL OMAN SCHCOULED X VVV1467141 00 7/0/2016 7/0/2017 B000, Y �N JUR� (Plo,r sockWip S AUT05 AUTOS NOWOMED HIRED AUT08 � 9 AUM X Hked Phys Dom Unmsuvd n-polmisI& UMBRELLA LIAS OCCUR 5 2,000,00 X EXCESS LIAS CLAMS- MADE C AGGREOXTE 2,,000, OD R IF--- WORKERS COMPENSATION AND EMPLOYVAS' LIAMILITY YIN ANY PROPRNETOPJPARrNiER)ExEcuTr*.' E L EACH ACCIDENT I 009,qg j—,", OFFICERNEMBER EXCLUDFO? N A D (16ondmasy In NHI y j 9064121-16 7/012016 I — — E L CASEASU EA EMPLOYE� $ 11- 1,000,00 undw A$1111111p"T6101MI, OF OPEaAl QNS bWow E L INSEME POL"'y 10M r : s 1 0,00,00 E Rented/lsamed Zquipmar4t SHL93051186 7/0/2016 7/0P2017 Long $100N,010 D"ichUe $1,00 DESCRIPTION OF OPERA100 I LOCATIONS � VEHICLES (ACORO 101, Aftftal Reaft 5CWUI01 may be mhwl If ITIM $Poo W "9010) City of Bakersfield, its mayor, council, officers, agents, egloyeas &I volunteers are named as an additional insured as respects the operations of the named insured Subject to terms and conditions, of above captioned general liability and auto policies but only where required by written contract per t attached forms:, Waiver of subrogation included on t�he work comp policy per foirm. I WAIVER OF SUBROGATION ---fft5mwT-, -FAASIS REP 20 90 64121-16 RENEWA.L s�p 0-88-35-86 PAGE 1 OF WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY, WE WILL NOT ENFORCE OUR RIGHT AGAIN13T -ME PE' RSON OR ORGANIZATION NAMED IN THE SCHEDULE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL 09 HELD TO VAPY, ALTEA, WANE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATtONS OF THIS POLICY OTHE14 THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL RE HELD TO VARY, ALTER, WAIVE OR LIMITTRIF TERMS, CONDITIONS, AGREEMENTS On LIMITATIONS Of THIS ENDORSEMENT, COUNTERSIGNED, AND ISSUED, AT SAN FRANCISCO JULY 7, 2016 WE I` AND, CEO im 03108117 CC AGENDA PACKET PG 240 This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKEiT.- YOUR WORK This endorsement modifieis insurance provided un d or the following� Name of Person or Organization: Any person air organization to whom or to which you, are obligated by virtue of a written contract or by the issuance or existence of a written permit,, to proviW e insuranice such as is afforded by this policy6 This endorsement effective 7/812016 forms part of Policy Number LHA 13,8951 issued to AM LAND RESTORATION INC. by Landmark American Insurance Compainy IRSG 15017 0,615 Includes copyrighted mat eriall of insurance Services Office, Inc, 1994 , with its permission 03108117 CC AGENDA PACKET PG 241 1ME33E= I BU�SINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the folfowing: With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you, maintain, ownership olf a majority interest (greater than 501%), wifli qualify as a Named lin!s,ured; however, (1) coverage under this provision is afforded on until the 180111 day after you acquire or form the organization or the end of the policy period, whichever is earfier« (2) coverage does not apply to "bodily injury", "property darnage" or .covered polluificin, cost or expense°" that results from an "accident"' wNch occurred before you acquire d! or formed the organizabon, and: (3) coverage does not apply if there is other similar insurance available to that organization, or, if similar insurance would have been avail!abie but for its termination or the exhaustion of its limits of insurance. ThI is insurance does not apply if coverage for the newly acquired or formed organization is e0ludeld either by the provisions of this coverage form or by endorsement, CA990187 0716 Includes Clopyrighted Material of Insurance Services Offices,, Inc, Page 11 of 5 Useid with pertnission 03108117 CC AGENDA PACKET PG 242 Glass Repair Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION III - PHYSICAL. DAMAGE COVERAGE, �s amended to add: a We wil�i pay any resulting "downfirne loss" expenses you sustain as, as result Of a covered physical damage "loss"' Lo a covered 'aLAO" up to a maximum of $ 100 per day, for a maximum of 30 days for the same physical damage "toss", SUbject to the following conditionw a. We will provide "downtime lass" beginning on the 51 day after we have given YOU our agreement to pay for repairs to a covered "auto" and YOU have given the repair facility your authorization to make repajr% b. Coverage for "downtime toss" expenses. M1 end when any of the following occur. (1) You have a spare or reserve "auto" available to you, to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered "auto' have been completed by the repair facility and they determine the covered 11 auto" is road-worthy. (4) You reach the 30 day rnaximum coverage. CA9910187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission 03108117 CC AGENDA PACKET PG 243 Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION III. PHYSICAL DAMAGE COVERAGE, is amended to add'!! We wifl pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto"berause of "loss" to a covered "auto" up to a niaximurn of $1001 per day, for a maximum of 3O days for the same physical damage "loss', subject to the following conditiow a. We will provide renta�l reimbursement incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or rep4ace, the covered "auto", If the "loss" is caused by theft, this number of days is the number of days, it takes to locate l the covered' "auto" and return it to you or the number of dlays it takes for the cIarrn to be settled, whichever comes first, b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a 'loss" results from the total (heft of a covered "auto"' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Dairnage Coverage Extension, J. "Personal Effects" Exclusion, b. Any: (1), Overdue lease or loan payments including penaities, interest or other charges reSUlting frorni overdue pa!yments, at the time of the "loss "'� (2) Financial penalties imposed, under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranbes, Credit Life Insurance, Health, Accident or Disability insurance purchased with the loan or lease, (4) Security deposits not refunded by the lesson and (5) Carry-over balances from previous loans or leases CA9190187 0716 Includes Copyrighted Material of Insurance Services Offices, linc, Page 3 of 5 Used with permission 03108117 CC AGENDA PACKET PG 244 M. Aggregate Deductible Paragraph D. r ON" III — PHYSICAL DAMAGE COVERAGE amended to add� Any deductible wfll be ireduc:ed by the percentage indicated below on the first "loss" reported during the corresponding, policy period: Policy periods Deductible With the Expansion Reduction on the Endorsement first "'loss" ...... . .............. ... ............ 2506 3 50% 75% �5 100% Q. Insurance is Primary and Noncontributory, 03108117 CC AGENDA PACKET PG 245 (2) Any covered, "auto" hired or rented by your "employee" under a contract In that individual, "employee's" name, with your permission, while performing duties related to the cordiuct oif your business. 91 Your failure to disclose all hazards existing as of the inception date of this policy shall! not prejudice the coverage afforded by this policy, provided that such failure to disclose alit hazards is not intentional. However, you must repilort suchi, previously undisclosed hazards to us as soon as practicable after Rs discovery, T. Additional Definition SECTION V — DEFINITIONS is arnandied to add: "Personal effects" means personall property owned by the 'insured!". "Downtime loss' means actual loss, of 'business income" for the Period of tim that a covered "auto"- 1;. is out of service for repair or replacement as a result Of a ClOve physical damage "loss" and 2. Is in the custody of a repair facility not a, total "losis". I I. N t Income (N t Profit or Loss before income taxes) that would have been earned or incurred;; and 2. Continuing normal operating expienises incuirred, including payroll, I CAS90187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc, Paige 5 of 5 Ulsed with permission 03108117 CC AGENDA PACKET PG 246 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: David Lyman, Manager Visit Bakersfield DATE: 2/2/2017 &1[11 1.1 SUBJECT: Reimbursement Agreement with AEG Management Bakersfield, LLC (not to exceed $70,000) for the reimbursement of costs associated with renting the RabobankArena for the Christian Congregation of Jehovah's Witnesses conventions. Staff recommends approval of Agreement. BACKGROUND: On November 16, 2016, the City and the Greater Bakersfield Convention and Visitors Bureau (CVB) entered into Agreement No. 16-251 regarding the management of the CVB and the marketing of Bakersfield as a destination center for conventions, sporting and other events including individual/group travel and tourism. CVB is now known as Visit Bakersfield. Over the past several years, Visit Bakersfield has provided incentives to various organizations to hold their events in Bakersfield in order to ultimately generate more sales tax and Transient Occupancy Tax (TOT) revenues and to market the benefits and advantages of the City as a destination center for holding conventions. For the past 21 years Visit Bakersfield has contributed to the cost of renting Rabobank Arena on behalf of the Jehovah's Witnesses Congregation (JWC). In 2016 the JWC put on seven weekend events during the summer and Visit Bakersfield contributed $10,000 rental reimbursement to each of the seven events. The Bakersfield conventions have drawn a total in excess of 32,000 attendees with an estimated TOT in excess of $100,000 and economic impact in excess of $1,000,000. The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to continue the contribution of the costs associated with the rental of Rabobank Arena. Upon receipt of the invoices, the City, on behalf of the JWC, shall pay AEG $10,000 for rental reimbursement for each weekend event scheduled to occur between July and August 2017. Planned dates for the 2017 conventions are July 7-9; July 21-23; July 28-30; August 4-6; August 03108117 CC AGENDA PACKET PG 247 11 -13; August 17-29; August 25-27. This agreement incorporates the mutual indemnities between AEG and the City found in the Facilities Management Agreement and expands AEG's indemnity obligation to Visit Bakersfield for purposes of this agreement. The Visit Bakersfield Board of Directors unanimously approved the contribution agreement during its February 15, 2017 meeting. No General Fund dollars are utilized for the purposes of the rental reimbursements. F-11 i all M I ��i 14 LI k &I Description Type D Agireeirneint 20,17 Agireeirneint 03108117 CC AGENDA PACKET PG 2 48 AGREEMENT NO. REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF BAKERSFIELD AND AEG MANAGEMENT BAKERSFIELD, LLC THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein), and AEG MANAGEMENT BAKERSFIELD, LLC, a limited liability company authorized to do business in the State of California ( "AEG" herein). RECITALS WHEREAS, on August 29, 2007, CITY and the Greater Bakersfield Convention and Visitors Bureau ( "CVB ") entered into Agreement No. 07 -314 ( "the Agreement ") regarding the management of the CVB and the marketing of Bakersfield as a destination center for conventions, sporting and other events and individual /group travel and tourism; and WHEREAS, CITY owns Rabobank Arena, Theater, and Convention Center available for organizations and groups wishing to hold conventions; and WHEREAS, the Rabobank Arena, Theater, and Convention Center is managed by AEG; and WHEREAS, CITY and CVB wish to publicize the benefits and advantages of CITY as a destination center for holding conventions; and WHEREAS, CITY and CVB have a common goal to generate more sales tax and Transient Occupancy Tax; and WHEREAS, the CVB has provided incentives to various organizations to hold their events in the City of Bakersfield; and WHEREAS, the Christian Congregation of Jehovah's Witnesses, operating as the Jehovah's Witnesses Congregation, (referred to herein as "JWC ") is a non - profit organization that has held its annual convention during the summer months in Bakersfield for the past 21 years; and WHEREAS, the CVB has paid for a portion of the costs of renting the Rabobank Arena, Theater and Convention Center on behalf of the JWC for the past 21 years; and WHEREAS, it is the desire of CITY and JWC to have this Agreement in order to continue to have the JWC hold its convention in Bakersfield. 0310$117 CC AGENDA PACKET FCC 249 NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and AEG mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: JWC will be hosting gatherings consistent with JWC's objectives and practices (hereinafter "events ") at Rabobank Arena, Theater and Convention Center on the dates listed herein in Exhibit "A ". The purpose of these events is to attract Jehovah's Witnesses to Bakersfield from throughout the state. Following each weekend event, AEG will send an invoice to City. Upon receipt of each individual invoice, CITY will pay $10,000 of the building rental cost for the event directly to AEG on behalf of JWC. 2. COMPENSATION. CITY shall pay AEG, with a check made payable to Rabobank Arena Operating Fund on behalf of JWC under this agreement as follows: In an aggregate sum not to exceed Seventy Thousand Dollars ($70,000), this figure representing Ten Thousand Dollars ($10,000) per three day event. This compensation shall be the total compensation for the building rental cost for the events, including out -of- pocket costs. CITY shall pay no other compensation to JWC or AEG. 3. PAYMENT PROCEDURE. AEG shall prepare an itemized invoice for the building rental costs per event. Each invoice shall be forwarded to CITY and CITY shall pay AEG, with a check made payable to Rabobank Arena Operating Fund on behalf of JWC within 30 days after approval of said invoice. 4. INDEMNITY. CITY and AEG shall indemnify each other as provided in the Facilities Management Agreement (Agreement No. 13 -038); provided, however, that AEG's indemnity obligations under Section 9 of the Facilities Management Agreement will extend to CVB as well for purposes of the JWC events contemplated hereunder. 5. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 6. COMPLIANCE WITH ALL LAWS. AEG shall, at AEG's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 2 0310$117 CC AGENDA PACKET FCC 250 7. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 8. 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. 9. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: City Clerk's Office City of Bakersfield City Hall North 1600 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 326 -3767 Facsimile: (661) 323 -3780 AEG: AEG Attention: Steve Eckerson Rabobank Arena, Theater and Convention Center 1001 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 852 -7300 Facsimile: (661) 861 -9904 3 0310$117 CC AGENDA PACKET FCC 251 10. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 11. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 12. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 13. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 14. ACCOUNTING RECORDS. AEG shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at AEG's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 15. 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. 111 1 0310$117 CC AGENDA PACKET FAG 252 16. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 17. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 18. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 5 0310$117 CC AGENDA PACKET FCC 253 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above - written. CITY OF BAKERSFIELD ( "CITY ") "AEG" By: By: KAREN GOH STEVE ECKERSON Mayor General Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: CHRIS HUOT Assistant City Manager COUNTERSIGNED: NELSON SMITH Finance Director 2 Insurance 0310$117 CC AGENDA PACKET FCC 254 EXHIBIT "A" 2017 Tentative Dates 1. July 7 through July 9 2. July 21 through July 23 3. July 28 through July 30 4. August 4 through August 6 5. August 11 through August 13 6. August 18 through August 20 7. August 25 through August 27 7 0310$117 CC A EN A PACKET FAG 255 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/15/2017 iTiff-11 1.1 SUBJECT: Fire Station No. 8 Rehabilitation: 1. Amendment No. 2 to Agreement No. 15-146 with RRM Design Group (increase compensation by $20,000; revised not to exceed $135,700) to provide Construction Support Services for the Fire Station 8 Remodel Project. 2. Appropriate $20,000 in Capital Outlay Fund Balance to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund. STAFF RECOMMENDATION: Staff recommends approval of Amendment BACKGROUND: In June 2015, the City Council approved Agreement No. 15-146 with RRM Design Group (RRM) to finish the design and provide bidding and construction support services for the Fire Station 8 Remodel Project. At the same time, the construction contract for this project was awarded to Klassen Corporation. Fire Station 8 required significant rehabilitation because of ongoing issues with the electrical, plumbing, roofing, heating and air conditioning systems. Constructed in 1949, many of the systems were determined to be antiquated or non-operational and in need of significant upgrades and/or complete replacement. Fire Station 8 was anticipated to be completed in Fall 2016. However, due to various delays, the contractor has not yet completed the project and thus the City entered into Amendment No. 1 with RRM to extend the time as well as the term of the Agreement with them for their support services during construction. The time of completion was extended to March 31, 2017 and the term of the Agreement was extended by one year to December 31, 2017. No compensation increase was recommended at the time Amendment No. 1 was executed because the belief was the project could be completed within the amount of the compensation originally approved in Agreement No. 15-146, which was $115,700. Fire Station 8 is now nearing the final stages of project completion as the building contractor is 03108117 CC AGENDA PACKET PG 256 finalizing the completion of punch list items. However, due to delays associated with the contractor completing the punch list items, the need for additional field meetings with RRM, and various construction delays, RRM's compensation under Agreement No. 15-146 has been exhausted. RRM now estimates that they will need an additional $20,000 to complete their services for the project. Staff proposes to increase RRM's compensation by $20,000 with a new, revised not-to-exceed amount of $135,700. Staff believes this amount will be adequate for the completion of RRM's services for the project. Staff recommends approval of the proposed amendment which will allow RRM to provide construction support services through project completion. An appropriation of $20,000 is also requested to fund the amendment, however it is anticipated that the cost for this amendment will be recovered from liquidated damages charged to the project contractor at the conclusion of the project. Capital Outlay Funds provide the funding source for this amendment and appropriation. F-11 i all M I ��i 14 LI k &I Description Type D Arneind rnent No 2 to Ag reeirnent No 1 5 '14 6 Agireeirneint 03108117 CC AGENDA PACKET PG 257 AGREEMENT NO. AMENDMENT NO. TWO TO AGREEMENT NO. 15 -146 THIS AMENDMENT NO. TWO TO AGREEMENT NO. 15 -146 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and RRM DESIGN GROUP, a California corporation (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on June 3, 2015, CITY and DESIGN CONSULTANT entered into Agreement No. 15 -146, wherein DESIGN CONSULTANT agreed to provide bidding and construction support services for Fire Station 8 Remodel; and WHEREAS, on December 14, 2016, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. 15 -146, wherein CITY and DESIGN CONSULTANT agreed that the Agreement should be further amended to extend the TERM for providing bidding and construction support services for Fire Station 8 Remodel; and WHEREAS, CITY and DESIGN CONSULTANT desire to increase the COMPENSATION amount by $20,000 for Agreement No 15 -146. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree to amend Agreement No. 15 -146 as follows: 1. Section 2 of Agreement No. 15 -146 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 of One Hundred and Thirty Five Thousand and Seven Hundred Dollars ($135,700) which shall be paid as follows: Bidding Assistance (T &M, not -to- exceed): $14,400.00 Construction Administration (T &M, not -to- exceed): $111,300.00 Estimated Reimbursable Expenses (T &M, not -to- exceed): $10,000.00 TOTAL $135,700.00 AMENDMENT TO AGREEMENT S: \PROJECTS \2012 - 2013 \P3H103 Fire Station 8 \Construction Support \RRM \Amendment No.2 to 15- 146.doc - January 3, 2006 -- Page 1 of 2 Pages -- 03108117 CC AGENDA PACKET FCC 258 2. Except as amended herein, all other provisions of Agreement No. 15 -146 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two to Agreement No. 15 -146 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director By: Title: "DESIGN CONSULTANT" RRM DESIGN GROUP AMENDMENT TO AGREEMENT S: \PROJECTS \2012 - 2013 \P3H103 Fire Station 8 \Construction Support \RRM \Amendment No.2 to 15- 146.doc - January 3, 2006 -- Page 2 of 2 Pages -- 03108117 CC AGENDA PACKET FCC 259 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/24/2017 111-11 N 03 SUBJECT: Amendment No. 2 to Agreement No. 16-126 with Clifford & Brown ($500,000) to provide outside legal services in the matter of Kiaie v. City of Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On February 5, 2016, the City entered into Agreement No. CA1 6-003 with Clifford & Brown for legal representation in the matter of Kiaie v. City of Bakersfield, KCSC case number S-1 500- CV-283432-SPC. Agreement No. CA16-003 was amended on June 29, 2016 for an additional $60,000 in compensation at which time the Agreement became known as Agreement number 16-126. On November 2, 2016, Agreement No. 16-126 was amended for additional compensation in the amount of $50,000. As Council is aware, this case involves a plaintiff with significant injuries and a variety of legal issues. It is currently being handled by Clifford & Brown on a reduced hourly basis and is set for trial on March 6th. At this time, the City Attorney's Office requests that we amend the contract to add additional compensation in the amount of $500,000. This Amendment No. 2 to Agreement No. 16-126(1) will result in a total Not to Exceed amount of $650,000 in order for outside counsel to continue representation. Monies have been reserved for this expenditure. ATTACHMENTS: Description D Amendment No 2 to /kgireeirneint No 16 126(1) Wth Chffoird 4 IBirown Type /kgireeirneint 03108117 CC AGENDA PACKET PG 260 AGREEMENT NO. 16-126(2) AMENDMENT NUMBER TWO (2) TO ATTORNEY RETAINER AGREEMENT NO. 16 -126 THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. 16 -126 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation (referred to herein as "CITY'), and CLIFFORD & BROWN (referred to herein as "ATTORNEY'). R E C I T A L S WHEREAS, CITY and ATTORNEY entered into Agreement for Legal Services No. CA16 -003 on February 5, 2016, for legal services not to exceed $40,000 in the matter of: EMMA KIAIE, a minor, by and through her Guardian ad Litem, MISTY FRANKLIN v. JERRY DAVID HUBBLE, COUNTY OF KERN, a Governmental entity, CITY OF BAKERSFIELD, a Governmental entity, KERN HIGH SCHOOL DISTRICT, a Governmental entity, NORTH OF THE RIVER, a Governmental entity, and DOES 1 through 50,inclusive Kern County Superior Court Case No. S- 1500 -CV- 283432 -SPC WHEREAS, CITY and ATTORNEY amended Agreement for Legal Services No. CA16 -003 on June 29, 2016 for additional compensation in the amount of $60,000; which said Agreement became known as Agreement No. 16 -126; and WHEREAS, CITY and ATTORNEY amended Agreement for Legal Services No. 16 -126 on November 2, 2016 for additional compensation in the amount of $50,000; which said Agreement became known as Agreement No. 16- 126(1); and WHEREAS, additional monies are needed to continue with outside legal services in connection with this matter; Page 1 of 3 0310$117 CC AGENDA PACKET FCC 261 WHEREAS, CITY and ATTORNEY desire to amend Agreement No. 16- 126(1) to increase the amount of compensation to ATTORNEY by the sum of Five Hundred Thousand Dollars ($500,000) for a total not to exceed of Six Hundred Fifty Thousand Dollars ($650,000) for this action. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. Paragraph 2 of Agreement for Legal Services No. CA16 -003 dated February 5, 2016, is hereby amended in its entirety to read as follows: 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: City shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount of One Hundred Eighty -Five Dollars ($185) per hour. In no event shall this Agreement exceed the total amount of Six Hundred Fifty Thousand Dollars ($650,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement, excluding out -of- pocket costs. Prior to payment all bills shall be reviewed and approved by the City Attorney or his /her designee. 2. EFFECT OF THIS AMENDMENT. Except as amended in this Agreement, all of the provisions of Agreement for Legal Services No. CA16 -003, dated February 5, 2016, shall remain in full force and effect. Page 2 of 3 0310$117 CC AGENDA PACKET FCC 262 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ( "CITY ") Al HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: NELSON SMITH Finance Director VG:ac CLIFFORD & BROWN ( "ATTORNEY ") By: MICHAEL L. O'DELL Partner Page 3 of 3 0310$117 CC AGENDA PACKET FCC 263 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/23/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 16-035 with Ferguson Enterprises I nc. (extend term one year) for the continued supply of fire hydrants. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 2, 2016, Council approved the contract for supply of fire hydrants with Ferguson Enterprises Inc., for a one year period; renewable annually thereafter for four consecutive one- year periods. Currently there is $43,000 available on this contract; additional funds are not required at this time. If approved, Amendment No. 1 would extend the term one year. Funds are budgeted in the Water Resources operating budget for this contract. Approval of this Amendment will allow the City to continue to meet the demand for fire hydrants. ATTACHMENTS: Description Type D Arneind No 1 /kGM'F'1 6 ...035 FeirgUSOin Ent Iliac /kgireeirneint 03108117 CC AGENDA PACKET PG 264 AGREEMENT NO. 16 -035 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 16 -035 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16 -035 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and FERGUSON ENTERPRISES (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the March 2, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16 -035; and WHEREAS, the parties desire to amend Agreement No. 16 -035 to extend the agreement term one year; to allow continuance of providing fire hydrants; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement one; to allow continuance of providing fire hydrants; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 12 of Agreement No. 16 -035 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for three consecutive one -year periods at the City's option and upon mutually agreeable terms. 2. Except as amended herein, all provisions of Agreement No. 16 -035 shall remain in full force and effect. •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 16 -035 to be executed the day and year first above written. -- Page 1 of 2 Pages -- 0310$117 CC AGENDA PACKET FCC 26.E "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" FERGUSON ENTERPRISES By: Print Name: Title: Insurance Approved by Risk Management: -- Page 2 of 2 Pages -- 0310$117 CC AGENDA PACKET FCC 266 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/23/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 16-036 with Gilliam & Sons Inc. (extend term one year) for the continued service of earthmoving and hauling. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 2, 2016, Council approved the contract for earthmoving and hauling with Gilliam & Sons Inc., for a one year period; renewable annually thereafter for four consecutive one-year periods. Currently there is $2,700,000 available on this contract. If approved, Amendment No. 1 would extend the term one year; no additional funding is required at this time. Funds are budgeted in a variety of sources including General Fund, Refuse, Sewer, Water, Capital Outlay, and Park Improvement Funds department budgets. Approval of this amendment will allow the City to continue to meet the demand for earthmoving and hauling. ATTACHMENTS: Description Type D Arneind No 1 to /kGM'F'1 6 ...036 Glhairn and Sons Iliac /kgireeirneint 03108117 CC AGENDA PACKET PG 267 AGREEMENT NO. 16 -036 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 16 -036 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16 -036 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and GILLIAM AND SONS, INCORPORATED (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the March 2, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16 -036; and WHEREAS, the parties desire to amend Agreement No. 16 -036 to extend the agreement term one year; to allow continuance of providing earthmoving and hauling; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement one; to allow continuance of providing earthmoving and hauling; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 12 of Agreement No. 16 -036 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for three consecutive one -year periods at the City's option and upon mutually agreeable terms. 2. Except as amended herein, all provisions of Agreement No. 16 -036 shall remain in full force and effect. •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 16 -036 to be executed the day and year first above written. -- Page 1 of 2 Pages -- 0310$117 CC AGENDA PACKET FCC 268 "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" GILLIAM AND SONS, INCORPORATED By: Print Name: Title: Insurance Approved by Risk Management: -- Page 2 of 2 Pages -- 0310$117 CC AGENDA PACKET FCC 269 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/23/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 16-063 with Amber Chemical Inc. ($50,000 and extend term one year) for the continued supply of pool chemicals. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 30, 2016, Council approved the contract for supply of pool chemicals with Amber Chemical Inc., for a one year period renewable annually thereafter for four consecutive one-year periods. Currently there is $7,500 available on this contract. If approved Amendment No. 1 would extend the term one year and increase compensation $50,000, for a revised not to exceed amount of $90,696.49. Funds are budgeted in the Recreation and Parks Department's operating budget for this contract. Approval of this amendment will allow the City to continue to meet the demand for pool chemicals. ATTACHMENTS: Description D Arneind No 1 to /kG1WI -1 6 ...063 Arnbeir Cheirnka�� Type /kgireeirneint 03108117 CC AGENDA PACKET PG 270 AGREEMENT NO. 16 -063 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 16 -063 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16 -063 is made and entered into on , by and between the City of Bakersfield, a municipal corporation (referred to herein as "CITY "), and Amber Chemical, Inc. (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the February 10, 2016, the CITY and CONTRACTOR have entered into Agreement No. 16 -063; and WHEREAS, the parties desire to amend Agreement No. 16 -063 to extend the agreement term one year and increase compensation $50,000; to allow continuance of suppling Pool chemicals; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 16 -063 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 NINETY THOUSAND SIX HUNDRED NINETY -SIX & 49/100'S DOLLARS ($90,696.49) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Section 12 of Agreement No. 16 -063 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for three consecutive one -year periods at the City's option and upon mutually agreeable terms. -- Page 1 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 271 3. Except as amended herein, all provisions of Agreement No. 16 -063 shall remain in full force and effect. •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 16 -063 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney "CONTRACTOR" AMBER CHEMICAL, INC. By: Print Name: Title: -- Page 2 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 272 COUNTERSIGNED: By: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 0310$117 CC AGENDA PACKET FCC 273 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/17/2017 &1[11 1.1 SUBJECT: Change Order No. 1 to Agreement No. 16-141 with Pacific Aquascapes, ($40,184.54; revised not to exceed $336,053.54) for the construction of the State Farm Sports Village Phase I I I - Lake Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project consists of the final improvements for the new lake at Sports Village. This includes the installation of a 30 mil PVC liner, installation of a non-woven geotextile layer, backfilling the new liner with sand, installation of an aeration fountain, retaining wall construction and new piping to connect the two lakes. During construction, it was found that the lake needed to be over-excavated an additional one foot both on the lake bottom and the slopes in order to install the new lake liner at the proper depth. This required the Contractor to remove and stockpile this material, regrade the lake and install the new liner and then backfill the area with the previously removed material. Some savings were realized from not having to haul fill material in from across the project site, and this savings partially offset the cost of the additional excavation and regarding. The Contractor has agreed to accept a sum of $37,831.26 for this work. While installing the piping for the aeration system, the project Engineer determined that air relief and balancing valves need to be installed in order to prevent damage to the piping for the lake aeration fountains. This piping was not on the approved project plans and the Contractor has agreed to install these valves for a sum of $1,249.28. During Construction, the Parks Department and project Engineer determined that the stone surface treatment to be installed on the lakes concrete outlook structures should match the stone installed at other Parks of recent construction. The Contractor has agreed to accept a sum of $1,104.00 to provide this upgraded select stone material. 03108117 CC AGENDA PACKET PG 274 The total cost increase of Contract Change Order No. 1 is $40,184.54. This is the final change order for this project and reflects a total cost increase of $40,184.54 (resulting in a 13.6% increase of the original contract amount) as illustrated below: Original Contract Amount = $295,869.00 Amended Contract Agreement after Change Orders = $336,053.54 Net Increase to date = $ 40,184.54 This project is funded by Park Development Fees. Therefore, there is no General Fund impact associated with this project. F-11 i all M I ��i 14 Ll k &-] Description Type D CCO No 1 Sports Wbge Ph 111111 1 ake Ilirnpiroveirrleints Agireeirneint 03108117 CC AGENDA PACKET PG 275 COPY DISTRIBUTION: ORIGINAL -CITY CLERK, WHITE- CONTRACTOR, BLUE - CONSTRUCTION, GREEN - CONTRACTOR'S INFO. YELLOW- CALTRANS, PINK ENGR., GOLD - PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 16 -141 CHANGE ORDER NO. 1 P.O. NO. 164537 PROJECT: State Farm Sports Village Ph. III SHEET 1 OF 1 Lake Improvements CONTRACTOR: Pacific Aquascapes N/A ADDRESS: 17520 Newhope Street, Suite 120 FEDERAL NO. (S) Fountain Valley, California 92708 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 REQUESTED BY: R. Voyles SUBMITTED BY: R. Voyles DATE: 2/14/2017 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE • Remove and replace 1' of excess material from lake bottom in order to install the lake liner at the designed depth. _ $37,831.26 • Add auto air relief and balancing valves to the fountain main line. _ $1,249.28 • Additional cost for select wall stone for the outlook structures. _ $1,104.00 $40,184.54 Contractor has agreed to accept a lump sum price of $40,184.54 as full compensation, including all mark -ups, for performing the above mentioned work. ESTIMATED COST: ACCOUNT NO (S) 321-5021-832-8041 -P4C1 31 INCREASE $40,184.54 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 rmdersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, banish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date: Contractor: Title: 03108117 CC AGENDA PACKET PG 276 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/17/2017 WARD: Ward (s) 3, 4 SUBJECT: Rosedale Highway Widening Project (TRIP): 1. Contract Change Order Nos. 100 and 102 to Agreement No. 15- 009 with Teichert Construction ($28,422.96; revised not to exceed $19,124,157.71; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $30,000 savings from the PG&E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening Project to fund change orders. STAFF RECOMMENDATION: Staff recommends approval of contract change orders and transfer. BACKGROUND: The Rosedale Highway Widening Project includes the construction of two additional lanes (one in each direction) along State Route 58 (Rosedale Highway) from Calloway Drive to 700-feet east of Gibson Street. The project also includes the installation of a 16-inch water main pipeline extension from Mohawk Street to Wedding Lane along the south side of Rosedale Highway. The portion of Rosedale Highway from the east project limits, near Gibson Street, west to Mohawk Street is within Caltrans right-of-way. The portion of Rosedale Highway from Mohawk Street to the west project limits at Calloway Drive is within City and Kern County right-of-way. Contract Change Order No. 100 provides for the grading, forming and placing of approximately 100 linear feet of concrete retaining curb around the railroad crossing gate equipment. The Railroad would not allow stamped concrete to be installed around their equipment, and this then resulted in the need to install a retaining curb around the equipment to support the surrounding stamped concrete median treatment. The Contractor has agreed to accept a sum of $11,570.93 for the above mentioned work. Contract Change Order No. 102 provides for the realignment of 211 linear feet of curb, gutter, and new sidewalk and widening of the roadway in front of the old County of Kern Fire Station on the north side of Rosedale Highway east of Calloway Drive. During construction, the 03108117 CC AGENDA PACKET PG 277 fire station building was sold and the new owner worked with the City to grant the necessary right of way to realign this section of the roadway to it's ultimate width. This work was not shown on the original project plans, as the original plans showed this area to remain unchanged. This change will improve the drainage of the area and complete this section of the roadway. The Contractor has agreed to accept a sum of $16,852.03 for the above mentioned work. The total cost increase for Change Order Nos. 100 and 102 is $28,422.96. The sum of all change orders to date on this project reflects a total cost increase of $3,109,565.31 (resulting in a 19.4 increase of the original contract amount) as illustrated below: Original Contract Amount $16,014,592.40 Amended Contract Agreement after Change Orders $19,124,157.71 Net Increase to date $ 3,109,565.31 Staff also recommends transferring $30,000 in Gas Tax project savings identified in the PG&E Tower Relocation project for the Westside Parkway Project to the Rosedale Highway Widening Project. The proposed amount to be transferred is necessary to fund these Contract Change Orders. There is no General Fund impact associated with these change orders. ATTACHMENTS: Description D CCO No '100 Roseda e fighwayWdeinhng D CCO No '102 Roseda e fighwayWdeinhng Type /kgireeirneint /kgireeirneint 03108117 CC AGENDA PACKET PG 278 CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF CONTRACT NO. 15 -009 CHANGE ORDER NO. 100 P.O. NO. 153158 PROJECT: Rosedale Highway Widening Project CONTRACTOR: Teichert Construction ADDRESS: P.O. Box 520 Fowler, CA. 93625 -0520 NCIIPL - 5109(15£ FEDERAL NO. (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: LUIS Topete, Resident Engineer DATE: January 30, 2017 CHANGE REQUESTED BY: Luis Topete, Resident Engineer DATE: January 30, 2017 EXTRA WORK AT AGREED LUMP SUM PRICE Prepare grade, Form, and pour 100LF of median curb and 100LF of retaining curb surrounding the railroad crossing gate mechanism at station 1050 +99 and Station 1051 +99 on Rosedale Hwy. (RFI # 422, 422.1, 422.2, 422.3, 422.3R1, 422.3R3, 422.3R4, & 422.3R5) _ $11,570.93 Total Increase: $11,570.93 ACCOUNT NO (S) 124 - 4021 - 825 -8041 TRRH117 335 - 4021 - 825 -8041 TRRH117 INCREASE $11,570.93 DECREASE By reason of this order the time of City Council Approval Required YES XX 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, hate given carefid consideration to the change proposed and hereby agree. if this proposal is approved, that we will pro. ide all e laitaa nt, luuash al] materials, except as may oth —ise be noted ab— and perform all senices necessary for the work ab.- specified, acrd will accept as fll payment therefr the prices shown above. Accepted, Date: Contractor: Title: 03108117 CC AGENDA PACKET PG 279 CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF CONTRACT NO. 15 -009 CHANGE ORDER NO. 102 P.O. NO. 153158 PROJECT: Rosedale Highway Widening Project CONTRACTOR: Teichert Construction ADDRESS: P.O. Box 520 Fowler, CA. 93625 -0520 NCIIPL - 5109(15£ FEDERAL NO. (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: LUIS Topete, Resident Engineer DATE: February 13, 2017 CHANGE REQUESTED BY: Luis Topete, Resident Engineer DATE: February 13, 2017 EXTRA WORK AT AGREED LUMP SUM PRICE Sawcut existing curb & gutter, survey and restake new curb and gutter, pothole utilities, excavate for roadway widening, place and compact aggregate base, grind for pavement tie -in, and grade for new sidewalk between sta. 912 +86 LT and sta. 914 +97 LT. (FTM 37 and RFI 424.1) _ $16,852.03 The contractor agrees to accept a lump sum price of $16,852.03 as full compensation, including all markups, for performing the above mentioned work. Total Increase: $16,852.03 ACCOUNT NO (S) 124 - 4021 - 825 -8041 TRRH17 335 - 4021 - 825 -8041 TRRH17 INCREASE $16,852.03 DECREASE By reason of this order the time of City Council Approval Required YES XX 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, hate given carefid consideration to the change proposed and hereby agree. if this proposal is approved, that we will pro. ide all e laitaa nt, luuash al] materials, except as may oth —ise be noted above, and perform all senices necessary for the work above specified, acrd will accept as fll payment therefr the prices shown above. Accepted, Date: Contractor: Title: 03108117 CC AGENDA PACKET PG 280 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent- Property Acquisition Agreements - TRIP s. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/24/2017 iTiff-11 1.1 SUBJECT: Agreement with Richard Francis and Delores Vera Guiltinan ($240,000) to purchase real property located at 2400 Pine Street for the 24th Street Widening Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to widen 24th Street. The project will construct an additional travel lane in each direction, and curb, gutter, sidewalks and additional landscaping along the residential portion of the project. Property acquisition for the required right of way to construct the 24th Street widening project is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11.47% of the project cost, including right of way, and will be reimbursed the remaining 88.53% by the State and Federal Highway Administration. 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. The property being purchased is a single family residence comprising of 1,768 square feet. The purchase price of $240,000 is a product of negotiations based on 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 03108117 CC AGENDA PACKET PG 281 provides important protections and assistance for people affected by federally funded projects. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. The 24th Street Project has 21 full acquisition residential properties and approximately 30 partial acquisitions. The exact number of partial acquisitions will be determined when the design has been completed. This is the 21 st of the 21 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 03108117 CC AGENDA PACKET PG 282 APNi. 001-162-08 TITLE REPORT NO: 08021622 PROJECT- 24th Street Improvement Proje EA: 06-49390 06-48470 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND 30INT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this — day of , 201 by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and RICHARD FRANCIS GUILTINAN AND DOLORES VERA GUILTINAN, HUSBAND AND WIFE, AS COMMUNITY 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. 1'. AGREEMENT M SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration, set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT "A"' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED, FORTY THOUSAND DOLLARS [$240,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded Miens, 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). ic. Items numbered Un the preliminary title report issued by Lawyers Title Company dated February 12, 20114. 4. TITLE INS -URRANCE —POLICY. Escrow Agent shall, following recordling of said deed(s) to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the aimouint of $240,000,00, issued by Lawyers Title! Company /Commonwealth Title, Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. S. ESCROW. Buyer agrees, to open an escrow in accordance with this Agreement at an escrow company of Buyer' 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 Page 1 of 7' 03108117 CC AGENDA PACKET PG 283 time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent, Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in, any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account, JIM 6141SNA nN M, nr a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title! in the condition necessary to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and' conditions of said trust deeds) or mortgage(s) including late charges, if any, except penalty (if any), for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances, of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees, charges,, and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term %lose of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments dellivered 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 CO Buyer agrees to pay all Buyers and Sellers usual fees, charges, and costs which, arise in this escrow. 03108117 CC AGENDA PACKET PG 284 8. FULL AND COMIPLELE SETrLEMENT 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 Buyers acquisition of the Property, specifically including, but not limited to, any ands all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property; however Seller and Buyer, and each and all of their [individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators,, executors, heirs, and beneficiaries, hereby rellease 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 QN PREMISES. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above- mentioned improvement, the right to enter upon Seller's property upon 48 hours prior written notice to perform the construction items referred to in Paragraph 12a above and for any of the following reasons. b. To, commence pre-construction and construction related work consistent with the proposed project. 10. RENTAL AND LEA INTEREST Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month, Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT. None, I I. EM DOMAIN DISMISSAL, Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, Seller acknowledges that the sums received from Buyer under this Agreement constitute full payment of just compensation in eminent domain (including, but not limited to, compensation for the fair market value of the real property taken, severance damages, improvements to the reality, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory, loss, of business goodwill, court costs, litigation expenses and any interest which imight be due on such matters). Seller acknowledges that the amounts paid under this Agreement constitute the total amount due Seller, and that no further payments, are due, owing or playable. Seller waives any other claims it might have for further payment or further compensation, and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith. 12. WARRANTIES, REPRESENTATIM, ANQ 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. bl. To the blest 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. EM ME 03108117 CC AGENDA PACKET PG 285 c. Until the closing, Seller shall not do anything which wound impair Seller's title to any of the Properly. d. To the hest of Seller's knowledge, neither the execution of this Agreement nor the. performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument . to which Seller's property may be bound. e. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer f.. SELLER warrants and represents that they are the sole owners,, in fee simple, of and have the right and legal ability to transfer said property the BUYER as set forth in this Agreement 1.3. HAZARD WA TE. 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, iincluding, but not limited to, any material or substance which is (ii) defined as a "'hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste " under Section 25115�, 25117 or 251223, or listed pursuant to Section 2.5140 of the California Health and Safety Code, Division 20, Chapter 6,5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25�31.6 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste " under Section 25501 of the California Health and Safety Code, Division 2�0, 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) poiychlorinated byphenyis, (viii) Misted under Article 9 or defined as "hazardous" or "extremely hazardous " pursuant to Article 11 of Title 2.2 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. 5131.7), (x) defined as a "hazardous waste " pursuant to, Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et =. (42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 gt sea. (42 Ui.&C. 59601), 14. COMPLIANCE WITH V— IRONMIENTAL LAWS. To the best of Sellers knowledge the Property complies with all applicable haws 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, reguiations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 15. 1_NDEMN . Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penaity, punitive damage, or expense (including, without limitation, attorneys" fees), resulting i from, arising out o(, or based' upon (i) the presence, Page 4 of 7 0310$117 CC A EN A PACKET FAG 286 release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, Judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits, or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow, 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument, 17. CONTINGENCY, It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 18, BROKERS AND 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, 19. JUR15DICTION AND VENUE, This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 20. ASSIGNMEN . 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 ail if its interests, or rights under this Agreement or under the Escrow without the consent of Seller. 21, COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may Ibe reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to,, releases or additional agreements, As Seller intends to purchase and construct a replacement dwelling, Seller agrees to relocate to the replacement dwelling within two weeks of the house being permitted for occupancy by the builder currently estimated by builder as May 15, 2017, or to a temporary relocation option by June 15, 20,17'. Seller agrees to prepare her current home possessions in preparation for moving, in order to effectuate an immediate move when the replacement house is ready for occupancy or by June 15th whichever occurs first, 22. ENI TIRE AGREEMEUT 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 wriittein, 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 EMM 03108117 CC AGENDA PACKET PG 287 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. MAILING ADDRESS OF SELLER 2400 Pine Street Bakersfield, CA 93301 MAILING ADDRES5 OF BUYER 1600 Truxtun Avenue, 2"d Floor Bakersfield, CA 93301 BUYER: By: HARVEY L. HALL Mayor APPROVED AS TO FORM; VIRGINIA GENNARO City Attorney ANDREW HEGLIUNI� Deputy City Attorney X4- m N —14 '.T-�O 0 By: NELSON K. SMITH Finance Director By. RICHARD FRANCIS GIUILTINAN DOLORES VERA dUIl[.7ftNAN By, NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition 2=1151151WA 03108117 CC AGENDA PACKET PG 288 FEE ACQUIISMOiN ■ ! <z -< 1 »a < - IL « ■ k, z, k 0. a - J ■«f.'e - ».yi am 2 1:144 9- 101114 :ems a: 6i MAO] A I +. :, s§; :a. =, ■ »a �� ■ ° « }� <° �� °« f. ,f:'.�2! - » +!- < « #�,<: »� < °- a - *�� a < <,■ «,. «�: : : <�� w� « - : © #� � :a -� ? �<� !�< <� a: <! ■ » ■� � , » ;- � ■:�! <. »,9.. ° :.■ < < <�l�. :'« 4 ° »v■ * °° � °- � � © � ■ a� - . i�a � - :,» . ��,.. . , ■ :.: ; ! ; <■ .. ■ +< ! .:- ? , . -'2. a. < # 2 � a - � # -■ Assessors Parcel Number: 001-162-018 03108117 JJ AGENDA JACKET PG 289 9 f4c tMitilily -, 11I✓aLFI.T1 I= $110 m"It.o.,my 0$ 1.1" ;Iaq"xTdjluwn pare"If", Imlay '0=$ nalmipIly all, IM-01 u"bcsivinim. can 1111', "id "I'a O ml�4uw; 03108117 CC AGENDA PACKET PG 290 Li ! 19 z rt wr r or Of St so rr kgl MIT c lay, I co Rb Ole ve 9 f4c tMitilily -, 11I✓aLFI.T1 I= $110 m"It.o.,my 0$ 1.1" ;Iaq"xTdjluwn pare"If", Imlay '0=$ nalmipIly all, IM-01 u"bcsivinim. can 1111', "id "I'a O ml�4uw; 03108117 CC AGENDA PACKET PG 290 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent -Bids t. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/22/2017 WARD: Ward (s) 2, 7 SUBJECT: Accept bid and approve contract to Courts & Greens, Incorporated, Bakersfield ($139,970) for the construction of Housing and Urban Development funded playground shade structures. Staff recommends acceptance of bid and approval of contract. BACKGROUND: The FY 2016-17 budget includes Community Development Block Grant (CDBG) funding for three shade structures to be installed at Beale Park, Wilson Park and Stiern Park. CDBG funding is one component of the City's annual Housing and Urban Development (HUD) entitlement which is provided to enhance low- and moderate-income areas of the City. Bids were solicited from contractors for the construction of playground shade structures at three parks located. This contract will provide for installation of shade structures in playground areas of the three parks. The shade structures will enhance the parks aesthetically as well as provide shade for park visitors and protection from inclement weather. Eight bids were received in response to solicitation. The eight bids received are as follows: BIDDER AMOUNT Courts & Greens, Inc., Bakersfield, CA $139,970 Creative Recreational Systems, Inc., Sacramento, CA $149,440 Red Hawk Services, Perris, CA $151,400 NR Development, Inc., Duarte, CA $153,500 Landscape Structures, Inc., Delano, MN $165,004 Brown & Fowler Construction, Inc., Bakersfield, CA $184,496 JTS Construction, Bakersfield, CA $197,500 Todd Companies, Visalia, CA $203,459 03108117 CC AGENDA PACKET PG 291 Staff finds the bid submitted by Courts & Greens, Inc., Bakersfield, to be acceptable and recommends approval of contract in the amount of $139,970. Funds are allocated as part of the City's CDBG entitlement for this contract. There is no General Fund impact associated with this contract. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 03108117 CC AGENDA PACKET PG 292 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and COURTS & GREENS, INC. (a Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of furnishing & installing shade structures; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for a contract for HUD Funded Playground Shade Structures /Beale Park, Wilson Park & Stiern Park ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists; in general, of fulfilling a contract for HUD funded playground shade structures /Beale Park, Wilson Park & Stiern Park (Project" herein). 1.1. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.2. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.2.1. Invitation to Bid No. 16 -17 -58 1.2.2. Special Provisions CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 1 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 293 1.2.3. Bid Security 1.2.4. Bid Proposal 1.2.5. Non - collusion affidavit 1.2.6. Waiver of Substitution of Securities 1.2.7. Workers Compensation Insurance Certification 1.2.8. Statement of OSHA Compliance 1.2.9. Bidders Statement Regarding Insurance Coverage 1.2.10. Non - Conflict of Interest Statement 1.2.11. Equal Employment Opportunity Compliance Certificate 1.2.12. Utilization of Small Business Concerns 1.2.13. Utilization of Women & Minority Business Enterprise 1.2.14. MBE /WBE Information & Good Faith Efforts Form 1.2.15. Davis Bacon Act Compliance Certification 1.2.16. Title 49- Debarment and Suspension Certification 1.2.17. MBE /WBE Certifications Form 1.2.18. Federal Lobbying Form 1.2.19. Performance on Previous Equal Employment Contracts 1.2.20. Non - Segregated Facilities Certification 1.2.21. Section 3 Affirmative Action Plan 1.2.22. Small Business Involvement 1.2.23. Performance Bond 1.2.24. Labor & Materials Bond 1.2.25. Letters of transmittal, if any 1.2.26. All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.27. DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED ONE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED SEVENTY DOLLARS ($139,970) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 2 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 294 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 3 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 29.E incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 4 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 296 13.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1 Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1 Provide contractual liability coverage for the terms of this Agreement. 13.2.2 Provide unlimited products and completed operations coverage. 13.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 5 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 297 designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 6 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 298 CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 7 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 299 supplied or CONTRACTOR will be in material breach of this Agreement. 16.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 8 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 300 product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: COURTS & GREENS, INC. 3615 Gilmore Ave., #A Bakersfield, CA 93308 661 - 587 -4602 (phone) 661 - 587 -4603 (fax) 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 9 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 301 assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 81-1560528 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 1016498 Expiration Date 7/31/2018 License Classification A, C -21, C -61 /D06, C -61 /D12, C -61 /D63 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 10 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 302 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD BY: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director "CONTRACTOR" COURTS & GREENS, INC. By: PRINT NAME: Title: Insurance: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 -- Page 11 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 303 COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \9F6DAE22- 6007-43FA -889C- F85CCE 143EE2 \PDFConvert. 7744.1. Contract_ for _HUD_Funded_Shade_Structures_ for Beale _Wilson—and _Stiern_ Parks _(Re- Bid)_Courts_Greens.docx Kb /February 21, 2017 Page 12 of 12 Pages -- 03108117 CC AGENDA PACKET FCC 304 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent -Bids u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/21/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with PSC Industrial Outsourcing, LP ($66,400.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for demolition of houses along 24th Street: 2401 Spruce Street, 2400 Spruce Street, and 2401 Pine Street. Staff recommends acceptance of low bid and approval of contract. BACKGROUND: As part of the Thomas Roads Improvement Program (TRIP), the 24th Street Improvements Project provides for additional capacity along this congested corridor. The 24th Street Improvements Project consists generally of widening 24th Street from four lanes to six lanes from Elm Street to C Street, reconstruction and restriping of the 23rd/24th Street one-way couplet roadway segments from D Street to 0.2 miles east of M Street to provide four lanes in each direction, improvements at the SR 99/24th Street interchange, expansion of the 24th Street/Oak Street intersection to provide for four lanes in each direction along 24th Street with additional turn lanes on Oak Street, and improvements to the S-curve at C street for eastbound traffic. This project is the third phase of multiple phases for demolitions along 24th Street that are required in anticipation of the 24th Street Improvement Project. This project will remove three houses on the north side of 24th Street. The work includes removal of houses, removal of debris, installation of temporary site fencing as well as installing an 8' high green screen fencing (which will remain in place until soundwall construction is completed), grading of the site, applying pre-emergent, and installing a 4" thick layer of wood chips. On February 21, 2017 a total of four bids were received, the four acceptable bids are as follows: PSC Industrial Outsourcing, LP 5151 San Felipe, STE. 1100 in the amount of $66,400.00 Houston, Texas, 77056 03108117 CC AGENDA PACKET PG 305 CVE Contracting Group, Inc. 4263 North Selland Ave in the amount of $66,700.00 Fresno, CA, 93722 Interior Demolition, Inc. 2621 Honolulu Ave in the amount of $67,991.00 Montrose, CA, 91020 Soils Engineering Inc. 4400 Yeager Way in the amount of $73,798.00 Bakersfield, CA, 93313 Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by federal earmark funds, and 11.47% by local matching funds with utility surcharge fees; therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 03108117 CC AGENDA PACKET PG 306 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and PSC INDUSTRIAL OUTSOURCING, LP, a Limited Partnership, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for the Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, 2401 Pine Street ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of demolition of improvements at 2401 Spruce Street, 2400 Spruce Street, and 2401 Pine Street, and removal of all structures, foundations, landscaping, fences where designated, debris, out buildings, patios, and grading sites to match existing grades, applying emergent systematic herbicide and a 4" layer of mulch to the finished grade ( "Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: I.I.I. Notice to Contractors CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 1 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 307 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.2. CONTRACTOR acknowledges that CITY is receiving federal - aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of SIXTY -SIX THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS ($66,400.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 2 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 308 withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 3 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 309 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 4 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 310 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 13.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 5 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 311 employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 6 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 312 its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 7 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 313 for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 8 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 314 agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: PSC INDUSTRIAL OUTSOURCING, LP 5151 San Felipe, Ste. 1 100 Houston, Texas 77056 (713) 985 -5384 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 9 of 11 Pages -- 03108117 CC AGENDA PACKET FCC .31.E party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No X (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 920704 Expiration Date 8/31/2018 License Classification A CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 10 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 316 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH "CONTRACTOR" PSC INDUSTRIAL OUTSOURCING, LP By: NNi.III■INVIVAAIN Title: Insurance: JENA COVEY CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 11 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 317 Finance Director CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer: 2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \212ED1BA -8E46 -4231- 9536- 567C47846116\ PDFConvert.7768.1.Demolmprov_24th_Spruce- Pine_Agr. Federal_Funded.docx -- Page 12 of 12 Pages -- 03108117 CC A GENDA PACKET FAG 318 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent -Bids v. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/21/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with PSC Industrial Outsourcing, LP ($89,900.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for demolition of houses along 24th Street: 2401 Beech Street, 2400 Beech Street, 2401 Myrtle Street, 2400 Myrtle Street, 2201 24th Street. Staff recommends acceptance of low bid and approval of contract. BACKGROUND: As part of the Thomas Roads Improvement Program (TRIP), the 24th Street Improvements Project provides for additional capacity along this congested corridor. The 24th Street Improvements Project consists generally of widening 24th Street from four lanes to six lanes from Elm Street to C Street, reconstruction and restriping of the 23rd/24th Street one-way couplet roadway segments from D Street to 0.2 miles east of M Street to provide four lanes in each direction, improvements at the SR 99/24th Street interchange, expansion of the 24th Street/Oak Street intersection to provide for four lanes in each direction along 24th Street with additional turn lanes on Oak Street, and improvements to the S-curve at C street for eastbound traffic. This project is the second phase of multiple phases for demolitions along 24th Street that are required in anticipation of the 24th Street Improvement Project. This project will remove five houses; four are located on the north side of 24th Street, and one is located on the south side of 24th Street. The work includes asbestos and lead abatement, removal of houses, removal of debris, installation of temporary site fencing as well as installing 8' high green screen fencing (which will remain in place until soundwall construction is completed), grading of the site, applying pre-emergent, and installing a 4" thick layer of wood chips. On February 21, 2017 a total of four bids were received, the four acceptable bids are as follows: 03108117 CC AGENDA PACKET PG 319 PSC Industrial Outsourcing, LP in the amount of $89,900.00 5151 San Felipe, STE. 1100 Houston, Texas, 77056 CVE Contracting Group, Inc. 4263 North Selland Ave in the amount of $111,460.00 Fresno, CA, 93722 Interior Demolition, Inc. 2621 Honolulu Ave in the amount of $130,000.00 Montrose, CA, 91020 Soils Engineering Inc. 4400 Yeager Way in the amount of $176,130.00 Bakersfield, CA, 93313 Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by federal earmark funds, and 11.47% by local matching funds with utility surcharge fees; therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 03108117 CC AGENDA PACKET PG 320 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and PSC INDUSTRIAL OUTSOURCING, LP, a Limited Partnership, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for the Demolition of Improvements along 24th Street: 2401 Beech Street, 2400 Beech Street, 2401 Myrtle Street, 2400 Myrtle Street, and 2201 24th Street ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of demolition of improvements at 2401 Beech Street, 2400 Beech Street, and 2401 Myrtle Street, 2400 Myrtle Street, and 2201 24th Street, and removal of all structures, foundations, landscaping, fences where designated, debris, out buildings, patios, asbestos or lead containing materials, and grading sites to match existing grades, applying emergent systematic herbicide and applying a 4" layer of mulch to the finished grade ( "Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 1 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 321 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.2. CONTRACTOR acknowledges that CITY is receiving federal - aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of EIGHTY -NINE THOUSAND, NINE HUNDRED DOLLARS AND ZERO CENTS ($89,900.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 2 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 322 CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 3 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 323 This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 4 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 324 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 13.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 5 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 32.E ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 6 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 326 amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 7 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 327 bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 8 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 328 amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: PSC INDUSTRIAL OUTSOURCING, LP 5151 San Felipe, Ste. 1 100 Houston, Texas 77056 (713) 985 -5384 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 9 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 329 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No X (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 920704 Expiration Date 8/31/2018 License Classification A, C22 30. NON - INTEREST. No officer or employee of the CITY shall hold any CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 10 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 330 interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" PSC INDUSTRIAL OUTSOURCING, LP By: PRINT NAME: Title: Insurance: JENA COVEY CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 02/22/2017 Demolition of Improvements along 24`h Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer: 2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326 -3580 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \71DDB15A- 1A19-48CF- 9619- EB42E6BC5AC0\ PDFConvert.7770.1.Demolmprov_24th_Beech- Myrtle_Agr. Federal_Funded.docx -- Page 11 of 11 Pages -- 03108117 CC AGENDA PACKET FCC 331 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Miscellaneous w. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation & Parks DATE: 2/14/2017 iTiff-11 1.1 SUBJECT: Appropriate $15,000 from the Park Improvement Fund Zone 2 for the replacement of the pergola shade fabric at McMurtrey Aquatics Center. STAFF RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The McMurtrey Aquatics Center (MCM) opened to the public on August 20, 2003. In November, 2016, the MCM closed for major renovations of the slides, diving boards, locker rooms and outdoor pergola area. The pergola provides shade to guests entering the facility as well as protection over the concession and picnic area. The shade pergola at the MCM is original to the center. During recent renovations, the shade fabric was removed in order to paint the pergola structure. After painting was completed, crews determined that the shade fabric was unable to be reinstalled due to deterioration of the fabric. All 24 pieces of fabric were torn and weathered beyond repair. Additionally, the previous shade fabric did not comply with current fire code or provide adequate ultraviolet (UV) protection. New fabric for the pergola is essential to the operations of the MCM during the hot summer months, therefore purchasing and installing the fabric prior to the May opening is necessary. City staff recommends the appropriation of $15,000 from the Park Improvement Fund (Zone 2) for the replacement of the shade structure fabric. New fabric will be fire retardant and provide appropriate UV protection. If approved, the project is anticipated to be completed no later than May 2017. There is no impact to the General Fund since this project would be funded through the Park Improvement Fund (zone 2). 03108117 CC AGENDA PACKET PG 332 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Miscellaneous x TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/23/2017 111-11 V 03 SUBJECT: Acceptance of Audit Reports for the 2015-16 Fiscal Year: 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2016. 2. Agreed Upon Conditions Report for the fiscal year ended June 30, 2016. 3. Auditor Communication With Those Charged With Governance (SAS 114 Letter) for fiscal year ended June 30, 2016. 4. Independent Auditors Report — Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2016. 5. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2016. 6. Independent Auditors Report — Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2016. 7. Single Audit Report for fiscal year ended June 30, 2016. STAFF RECOMMENDATION: Budget and Finance Committee Recommends Acceptance of the Audit Reports BACKGROUND: The above referenced audit reports were provided to the City Council at their December 14, 2016 meeting. The Council referred the reports to the Budget and Finance Committee for review and discussion. The Budget and Finance Committee met on March 2, 2017 and reviewed the audit reports with City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting the Budget and Finance Committee recommended the various reports be accepted by the City Council. 03108117 CC AGENDA PACKET PG 333 0310$117 CC A EN A PACKET FAG 334 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent - Miscellaneous y TO: Honorable Mayor and City Council FROM: Lisa McGranahan, Human Resources Manager DATE: 2/27/2017 111-11 V 03 SUBJECT: Revised Job specifications: Assistant to the City Manager (89330); Director of Technology Services (89870); Assistant Director of Technology Services (89900); Human Resources Analyst 1 (27010); and Human Resources Analyst 11 (27000). Staff recommends approval of revised job specifications. BACKGROUND: City Manager's Of Due to business necessity, Human Resources is updating the job specification of the Assistant to the City Manager. As of today, the job specification includes the language that an employee in this role may be called upon to work in the areas of Risk Management, Human Resources, Labor Relations and Finance. The function that is not included in the job specification, in order for it to be comprehensive, is the area of the City Clerk. This change to the job specification will allow much more flexibility with internal resources and will allow for the performance of work in various areas of the City Manager's Office during periods of absence or vacancy. Technology Services Division In February 2015, the Communications and Information Technology Divisions were merged to create a single work group to aid all City departments in the delivery of information technology services. As a result of these changes, the division has also adopted a name change from Information Technology to Technology Services to reflect the additional services and staff it now encompasses. Therefore, the changes to the job specifications will accurately reflect all changes relevant to the position, title and functions of the division. 03108117 CC AGENDA PACKET PG 335 With the Director of Technology Services scheduled to retire in the near future, these changes will aid in the recruitment of a successor by accurately reflecting the division composition. Human Resources Division Traditionally, the Human Resources Analyst I and I I positions have not been subject to the "flex" rules. This has hindered the division from preparing successors by the inability to cross-train on certain Human Resource matters in order to be mindful of the current job specifications. Revisions to the job specification will allow for additional flexibility by the Human Resources Division to offer services more consistently, and will also allow the preparation of the division for absences, vacancies and succession planning. Language was changed and/or added to reflect the actual job duties and current industry terminology listed in the class summary, essential job duties, distinguishing characteristics, knowledge and abilities, licenses, certificates and special requirements and physical or special working conditions. Service Employees International Union (SEIU), Local 521 has reviewed and supports the revised job specifications for Human Resources Analyst I and 11. There is no budgetary impact as the salary will remain the same for all positions. The revised job specifications were presented and approved by the Miscellaneous Civil Service Board at their February 28, 2017 meeting. ATTACHMENTS: Description D /kssilstaint'Ib'I'he C ty Maingeir Cbair copy D /kssilstaint'Ib'I'he C ty Mainageir Wth irna irkU�PS D Di'iirectoir OFf'rachindogy Seirvkes Cbair copy D Di'iirectoir OFf'rachindogy Seirvkes Wth irna irkUpS D /kssilstaint Di'iirectoir OFf'rachindogy Sari rvkes C ea ir copy D /kssilstaint Di 'iirectoir oir'Rachindogy Seirvkes Wth irrla irkUpS D h k1irnain ReSOUirces Ar4yst -Cbair copy D h k1irnain ReSOUirces Ar4yst -W th irna irkU�PS D h k1irnain ReSOUirces Ar4yst II -C ea ir copy D h k1irnain ReSOUirce Ar4yst kWth irna irkU�PS Type BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� 03108117 CC AGENDA PACKET PG 336 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89330 UNIT: MANAGEMENT EEO4: OFFICIALS /ADMINISTRATION CLASS TITLE: ASSISTANT TO THE CITY MANAGER CLASS SUMMARY: Under administrative direction, performs work of unusual complexity in assisting the City Manager in the general operation and administration of the City government which is responsible for analyzing and preparing the annual City budget; assisting the City Manager and City Council; providing administrative and budgetary guidance to department heads and departmental administrative personnel regarding City services and business affairs; conducting administrative studies and analyses; preparing recommendations and reports; and performing related work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: Plans and conducts technical administrative studies and analyses; responsible for the compilation, analysis, and control of the annual City budget; gathers, formulates recommendations, prepares and presents reports and special studies; investigates and evaluates needs for changes in budgetary allocations during the fiscal year; answers correspondence; consults with and assists department heads in solving administrative problems; assists in implementing City Council policies; performs difficult analytical studies of organizational structure, systems, procedures, policies and practices, and techniques; provides administrative and budgetary assistance to departments; assists in the compilation and analysis of employee organization's salary and fringe benefit requests; responsible for the proper flow of administrative materials in the City Manager's office; implements official actions taken throughout the organization and in connection with the various boards, agencies, and Council committees. Responsible for intergovernmental relations in regards to legislation and grantsmanship. Acts as staff support to the City Manager and the City Council; maintains permanent records of actions taken by various committees of the City Council and various boards and commissions, including acting as official custodian of City records and secretary to the City Council by directing the operation of the City's centralized records system when necessary. Works with the City Manager in organizational development and productivity improvements. May be called upon to work in the areas of Risk Management, Labor Relations, Finance, City Clerk, and Human Resources, up to and including acting as division head for any of the aforementioned divisions. DISTINGUISHING CHARACTERISTICS: This class is distinguished from the Assistant City Manager in that the Assistant to the City Manager is required to assist the City Manager and other Assistant City Managers regarding departmental financial and administrative matters as well as act as a liaison with other department heads. In addition, the incumbent has considerable discretion and latitude for the exercise of independent judgment. 0310$117 CC AGENDA PACKET FCC 337 CLASS TITLE: ASSISTANT TO THE CITY MANAGER (continued) 89330 MINIMUM QUALIFICATIONS: Training and Experience: Graduation from an accredited college with a BA Degree in Public or Business Administration, Economics, or related field, and three years of increasingly responsible administrative and financial experience; or an equivalent combination of training and experience which provides the capabilities to perform the described job duties. Master's Degree desirable. Knowledge, Abilities, and Skills: Knowledge of: Administrative techniques, including principles of budgeting, organization, planning, coordination, and personnel administration; of the techniques of administrative analysis; of statistics and graphic presentation; related computer applications such as word processing and spreadsheet software. Ability to: Interpret rules and regulations; devise and effectively prepare and present reports and recommendations; ability to recognize problems and to develop effective solutions; ability to evaluate and edit reports and recommendations; to establish and maintain effective working relationships with City officers, employees, and the public; ability to supervise and evaluate the work of technical personnel. Licenses; Certificates; and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Working Conditions: Standard office environment and workina conditions. Approved by Miscellaneous Civil Service Board: June 19, 2007 Approved by the City Council: June 20, 2007 Approved by Miscellaneous Civil Service Board: Approved by the City Council: SAJob Specs \Revised Job Specs \ASSISTANT TO THE CITY MANAGER 89330 -Clear Copy Revised 2.2017.doc 0310$117 CC AGENDA PACKET FAG 338 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89330 UNIT: MANAGEMENT EEO4: OFFICIALS /ADMINISTRATION CLASS TITLE: ASSISTANT TO THE CITY MANAGER CLASS SUMMARY: Under administrative direction, performs work of unusual complexity in assisting the City Manager in the general operation and administration of the City government which is responsible for analyzing and preparing the annual City budget; assisting the City Manager and City Council; providing administrative and budgetary guidance to department heads and departmental administrative personnel regarding City services and business affairs; conducting administrative studies and analyses; preparing recommendations and reports; and performing related work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: Plans and conducts technical administrative studies and analyses; responsible for the compilation, analysis, and control of the annual City budget; gathers, formulates recommendations, prepares and presents reports and special studies; investigates and evaluates needs for changes in budgetary allocations during the fiscal year; answers correspondence; consults with and assists department heads in solving administrative problems; assists in implementing City Council policies; performs difficult analytical studies of organizational structure, systems, procedures, policies and practices, and techniques; provides administrative and budgetary assistance to departments; assists in the compilation and analysis of employee organization's salary and fringe benefit requests; responsible for the proper flow of administrative materials in the City Manager's office; implements official actions taken throughout the organization and in connection with the various boards, agencies, and Council committees. Responsible for intergovernmental relations in regards to legislation and grantsmanship. Acts as staff support to the City Manager and the City Council; maintains permanent records of actions taken by various committees of the City Council and various boards and commissions, including acting as official custodian of City records and secretary to the City Council by directing the operation of the City's centralized records system when necessary. Works with the City Manager in organizational development and productivity improvements. May be called upon to work in the areas of Risk Management, Labor Relations, Finance, City Clerk, and Human Resources, up to and including acting as division head for any of the aforementioned divisions. DISTINGUISHING CHARACTERISTICS: This class is distinguished from the Assistant City Manager in that the Assistant to the City Manager is required to assist the City Manager and other Assistant City Managers regarding departmental financial and administrative matters as well as act as a liaison with other department heads. In addition, the incumbent has considerable discretion and latitude for the exercise of independent judgment. 0310$117 CC AGENDA PACKET FCC 339 CLASS TITLE: ASSISTANT TO THE CITY MANAGER (continued) 89330 MINIMUM QUALIFICATIONS: Training and Experience: Graduation from an accredited college with a BA Degree in Public or Business Administration, Economics, or related field, and three years of increasingly responsible administrative and financial experience; or an equivalent combination of training and experience which provides the capabilities to perform the described job duties. Master's Degree desirable. Knowledge, Abilities, and Skills: Knowledge of: Administrative techniques, including principles of budgeting, organization, planning, coordination, and personnel administration; of the techniques of administrative analysis; of statistics and graphic presentation; related computer applications such as word processing and spreadsheet software. Ability to: Interpret rules and regulations; devise and effectively prepare and present reports and recommendations; ability to recognize problems and to develop effective solutions; ability to evaluate and edit reports and recommendations; to establish and maintain effective working relationships with City officers, employees, and the public; ability to supervise and evaluate the work of technical personnel. Licenses; Certificates; and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Working Conditions: Standard office environment and workina conditions. Approved by Miscellaneous Civil Service Board: June 19, 2007 Approved by the City Council: June 20, 2007 Approved by Miscellaneous Civil Service Board: Approved by the City Council: SAJob Specs \Revised Job Specs \ASSISTANT TO THE CITY MANAGER 89330 - Revised 2.2017.doc 0310$117 CC AGEN A PACKET FAG 340 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89870 UNIT: MANAGEMENT EEO4: OFFICIAL /ADMINISTRATORS CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES CLASS SUMMARY: Under administrative direction of the City Manager, plans and directs the operations of the City's Technology Services Division; plans, coordinates, and recommends information systems and services to meet the City's technology service needs; and performs other work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting. • Develops and directs the implementation of goals, objectives, policies and work standards for the City's central technology services function • Confers with City management regarding current and anticipated information technology requirements and the feasibility of alternative approaches to meeting these requirements • Develops long and short -range plans for hardware and software upgrades • Confers with City management to prioritize applications development and enhancement requests • Directs, plans and participates in systems design and oversees the development and implementation processes • Directs computer operations activities • Analyzes City department business operations to evaluate the need for and recommends the most effective use of equipment and personnel • Establishes City -wide standards for hardware, software and local and wide area - networking technologies for use by City departments • Evaluates and justifies City's technology services budget requests • Keeps informed on new data processing technologies and capabilities • Provides technical assistance in area of responsibility to other departments as needed • Evaluates off - the -shelf software for personal computers and networking applications and makes recommendations to insure compatibility and effectiveness. • May assist in the evaluation, implementation and management of various City- wide information functions such as: audio visual and telecommunication systems, mail distribution, duplication equipment such as facsimile and copiers, and records management systems. • Directs and administers the budget • Plans, organizes and evaluates the work of professional and technical support staff 0310$117 CC AGENDA PACKET FCC 341 CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES 89870 DISTINGUISHING CHARACTERISTICS: The Director of Technology Services functions as a division head within the City Manager's Office, responsible for interdepartmental relations and interagency liaison activities of the Technology Services Division. This class is distinguished from the Department Head in that the Director of Technology Services has full management and administrative responsibilities for the entire Division. The Assistant Director of Technology Services reports to the Director of Technology Services and is delegated specific daily operational tasks. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation from an accredited college or university with a Bachelor's Degree in Information Technology or related field • Five (5) years of progressively responsible experience in data processing and information systems, three (3) of which involved the management, supervision and administration of information systems design, implementation and operations in a centralized operating environment; or an equivalent combination of training and experience which provides the capabilities to perform the described duties. Knowledge of: • Principles, practices and techniques of information technology management, including applications design, hardware and software options for administrative and business - oriented applications and the cost - benefits of systems alternatives • General operating principles and parameters for the types of centralized and departmental personal computers used by the City Administrative principles and methods, including goal setting, program and budget development, and management and supervision of technical personnel • Methods and techniques for project management as applied to computer systems development and installation • Systems analysis methods and techniques. Ability to: • Plan, organize, administer and evaluate systems development, programming and computer operations activities • Select, train and evaluate professional and technical staff • Develop and implement goals, objectives, policies, work standards and internal controls • Analyze complex problems, evaluate alternatives and make creative recommendations • Assess user department needs, set priorities and allocate staff to meet such needs in a timely and effective manner • Exercise sound judgment within general policy guidelines • Establish and maintain effective working relationships with City officials, department managers, vendors and others contacted in the course of work • Prepare clear, concise and competent reports, correspondence and other written materials. 0310$117 CC A EN A PACKET FAG 342 CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES 89870 Licenses, Certificates or Special Requirements: • Possession of a valid California Class "C" driver's license • Must be able to pass a police background check. Physical Conditions or Special Working Conditions: • Standard office environment and working conditions. Approved by the Miscellaneous Civil Service Board: October 20, 2009 Approved by the City Council: November 4, 2009 Approved by the Miscellaneous Civil Service Board: Approved by the City Council: 0310$117 CC A EN A PACKET FAG 343 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89870 UNIT: MANAGEMENT EEO4: OFFICIAL /ADMINISTRATORS CLASS TITLE: DIRECTOR OF INFORAenT1 TECHNOLOGY SERVICES CLASS SUMMARY: Under administrative direction of the City Manager, plans and directs the operations of the City's 1Pfe_FPAA_iie_R Technology Services Division; plans, coordinates, and recommends information systems and services to meet the City's yep technology service needs; and performs other work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting. • Develops and directs the implementation of goals, objectives, policies and work standards for the City's central yep technology services function • Confers with City management regarding current and anticipated information technology requirements and the feasibility of alternative approaches to meeting these requirements • Develops long and short -range plans for hardware and software upgrades • Confers with City management to prioritize applications development and enhancement requests • Directs, plans and participates in systems design and oversees the development and implementation processes • Directs computer operations activities • Analyzes City department business operations to evaluate the need for and recommends the most effective use of equipment and personnel • Establishes City -wide standards for hardware, software and local and wide area - networking technologies for use by City departments • Evaluates and justifies City's ipfermAtiep technology services budget requests • Keeps informed on new data processing technologies and capabilities • Provides technical assistance in area of responsibility to other departments as needed • Evaluates off - the -shelf software for personal computers and networking applications and makes recommendations to insure compatibility and effectiveness. • May assist in the evaluation, implementation and management of various City- wide information functions such as: audio visual and telecommunication systems, mail distribution, duplication equipment such as facsimile and copiers, and records management systems. • Directs and administers the budget • Plans, organizes and evaluates the work of professional and technical support staff 0310$117 CC AGENDA PACKET FCC 344 CLASS TITLE: DIRECTOR OF INFORAenT1 TECHNOLOGY SERVICES 89870 DISTINGUISHING CHARACTERISTICS: The Director of Technology Services functions as a division head within the City Manager's Office, responsible for interdepartmental relations and interagency liaison activities of the Technology Services Division. This class is distinguished from the Department Head in that the Director of 1Pfe_FPAA_iie+R Technology Services has full management and administrative responsibilities for the entire Division. The Assistant Director of yep Technology Services reports to the Director of Technology Services and is delegated specific daily operational tasks. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation Ri holr,r'o Dewee from an accredited college or university with a Bachelor's Degree in Information Technology or related field • Five (5) years of progressively responsible experience in data processing and information systems, three (3) of which involved the management, supervision and administration of information systems design, implementation and operations in a centralized operating environment; or an equivalent combination of training and experience which provides the capabilities to perform the described duties. Knowledge of: • Principles, practices and techniques of information technology management, including applications design, hardware and software options for administrative and business - oriented applications and the cost - benefits of systems alternatives • General operating principles and parameters for the types of centralized and departmental personal computers used by the City Administrative principles and methods, including goal setting, program and budget development, and management and supervision of technical personnel • Methods and techniques for project management as applied to computer systems development and installation • Systems analysis methods and techniques. Ability to: • Plan, organize, administer and evaluate systems development, programming and computer operations activities • Select, train and evaluate professional and technical staff • Develop and implement goals, objectives, policies, work standards and internal controls • Analyze complex problems, evaluate alternatives and make creative recommendations • Assess user department needs, set priorities and allocate staff to meet such needs in a timely and effective manner • Exercise sound judgment within general policy guidelines • Establish and maintain effective working relationships with City officials, department managers, vendors and others contacted in the course of work • Prepare clear, concise and competent reports, correspondence and other written materials. 0310$117 CC A EN A PACKET FAG 34.E CLASS TITLE: DIRECTOR OF INFORAenT1 TECHNOLOGY SERVICES 89870 Licenses, Certificates or Special Requirements: • Possession of a valid California Class "C" driver's license • Must be able to pass a police background check. Physical Conditions or Special Working Conditions: • Standard office environment and working conditions. Approved by the Miscellaneous Civil Service Board: October 20, 2009 Approved by the City Council: November 4, 2009 Approved by the Miscellaneous Civil Service Board: Approved by the City Council: 0310$117 CC A GENDA PACKET FAG 346 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89900 UNIT: MANAGEMENT EE04: OFFICIAL /ADMINISTRATORS CLASS TITLE: ASSISTANT DIRECTOR OF TECHNOLOGY SERVICES CLASS SUMMARY: Under general direction, plans and administers the day -to -day operations of the Technology Services Division; supervises operational systems and implementation of new hardware and software; acts as Director of Technology Services in their absence; and performs related work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: • Administers general policies and procedures • Supervises operational systems and implementation of hardware and software for the City's computer systems, local and wide area networks and personal computers • Develops and recommends to the Director of Technology Services changes and modifications in operational procedures as required to meet changing conditions • Recommends feasibility of proposed applications and coordinates implementation of new applications • Reviews the work of division employees • Coordinates activities with other City divisions • Keeps informed of new practices, software and hardware within the data processing field • Provides technical assistance to other departments as needed DISTINGUISHING CHARACTERISTICS: This class is distinguished from the Director of Technology Services in that it has responsibility for day -to -day operations, whereas the Director's focus is on long -range planning, policy development and liaison activities with user departments and other agencies. This class is distinguished from the supervisor category in that the supervisors are responsible for the direct supervision of a specific functional area. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation from an accredited college or university with a Bachelor's Degree in Information Technology, or related field • Five (5) years of progressively responsible experience in Information Technology activities, three (3) of which involved supervision and administrative duties or equivalent combination of training and experience which provides the capabilities to perform the described duties. Knowledge of: • Computer software to determine the ramifications of requested additions and modifications and to analyze software and hardware operational difficulties • Computer hardware in order to recommend equipment updates and acquisition of equipment; principles of management and supervision. 0310$117 CC AGEN A PACKET FAG 347 CLASS TITLE: ASSISTANT DIRECTOR OF TECHNOLOGY SERVICES Ability to: • Coordinate, supervise and evaluate data processing staff and equipment • Establish and maintain effective work relationships with departmental officials, coworkers, subordinates, City staff, etc. Licenses, Certificates and Special Requirements: • Possession of a valid California Class "C" driver's license. • Must be able to pass a police background check. Physical Conditions or Special Working Conditions: • Standard office environment and working conditions. Approved by the City Council: October 15, 2002 Approved by the Miscellaneous Civil Service Board: November 6, 2002 Approved by the City Council: Approved by the Miscellaneous Civil Service Board: 0310$117 CC AGENDA PACKET FCC 348 CITY OF BAKERSFIELD CLASS SPECIFICATION: 89900 UNIT: MANAGEMENT EE04: OFFICIAL /ADMINISTRATORS CLASS TITLE: ASSISTANT DIRECTOR OF I"iFnRAenTI TECHNOLOGY SERVICES CLASS SUMMARY: Under general direction, plans and administers the day -to -day operations of the 1PfArr)q(qfiet� Technology Services Division; supervises operational systems and implementation of new hardware and software; acts as Director offeiet� Technology Services in their absence; and performs related work as required. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: • Administers general policies and procedures • Supervises operational systems and implementation of hardware and software for the City's computer systems, local and wide area networks and personal computers • Develops and recommends to the Director of Technology Services changes and modifications in operational procedures as required to meet changing conditions • Recommends feasibility of proposed applications and coordinates implementation of new applications • Reviews the work of division employees • Coordinates activities with other City divisions • Keeps informed of new practices, software and hardware within the data processing field • Provides technical assistance to other departments as needed DISTINGUISHING CHARACTERISTICS: This class is distinguished from the Director of Technology Services in that it has responsibility for day -to -day operations, whereas the Director's focus is on long - range planning, policy development and liaison activities with user departments and other agencies. This class is distinguished from the supervisor category in that the supervisors are responsible for the direct supervision of a specific functional area. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation from an accredited college or university with a Bachelor's Degree in Information Technology, or related field • Five (5) years of progressively responsible experience in Information Technology activities, three (3) of which involved supervision and administrative duties; or equivalent combination of training and experience which provides the capabilities to perform the described duties. Knowledge of: • Computer software to determine the ramifications of requested additions and modifications and to analyze software and hardware operational difficulties • Computer hardware in order to recommend equipment updates and acquisition of equipment; principles of management and supervision. 0310$117 CC AGEN A PACKET FAG 349 CLASS TITLE: ASSISTANT DIRECTOR OF I"iFnRAenTI TECHNOLOGY SERVICES Ability to: • Coordinate, supervise and evaluate data processing staff and equipment • Establish and maintain effective work relationships with departmental officials, coworkers, subordinates, City staff, etc. Licenses, Certificates and Special Requirements: • Possession of a valid California Class "C" driver's license. • Must be able to pass a police background check. Physical Conditions or Special Working Conditions: • Standard office environment and working conditions. Approved by the City Council: October 15, 2002 Approved by the Miscellaneous Civil Service Board: November 6, 2002 Approved by the City Council: Approved by the Miscellaneous Civil Service Board: 0310$117 CC AGENDA PACKET FCC 35 CITY OF BAKERSFIELD CLASS SPECIFICATION: 27010 UNIT: WHITE COLLAR EE04: PROFESSIONALS CLASS TITLE: HUMAN RESOURCES ANALYST I CLASS SUMMARY: Under supervision, performs entry level generalist human resources services in recruitment, selection, employee benefits, employee and supervisory training, Unemployment Claims, employee morale /motivation, surveys, and other areas of human resources administration as assigned. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: • Assists with recruiting and examining activities including preparation of announcements, advertisements, and brochures; • Reviews applications and evaluates education and work history; • Prepares and administers written, performance and oral examinations; • Conducts background and reference checks; • Assists with the City's Affirmative Action Plan and other special employment projects; • Assists in classification studies and writing of class specifications; • Assists in gathering salary data; • Counsels job applicants on employment opportunities and standards; • Assists with special studies and preparation of reports as assigned; • Answers routine correspondence and questions relating to the human resources program; • Administers temporary employment program, including screening, interviewing and recommending candidates to meet departmental employment needs; • Conducts orientation sessions for all new employees; • Monitors Employee Assistance Program and provides information to employees or managers as needed; • Responds verbally and in writing to salary survey requests and other questions relating to the City's employment practices; • Administers Unemployment Insurance including responding to claims, monitoring level of claims and making recommendations relative to accepting or rejecting claim; • Administers Employee Service Award and Rideshare Program; • Prepares EEO -4 reports annually; • Provides City Attorney's Office with information requested in Department of Fair Employment and Housing complaints; • Assists with inquiries about benefits when needed; • Updates and maintains workforce complement listing; • Assists in the development and administration of employee and supervisory training programs; • Maintains accurate records and files. 0310$117 CC A EN A PACKET FAG 351 CLASS TITLE: HUMAN RESOURCES ANALYST 1 27010 DISTINGUISHING CHARACTERISTICS: This is an entry level class. Incumbents perform the more routine recruitment, selection, employee relations, training and affirmative action duties while learning City policies, procedures, specific techniques and regulations related to human resources management. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation from an accredited college or university with a Bachelor's degree in Human Resources, Public or Business Administration, or a related field; and • One (1) year experience in human resources; or • An equivalent combination of training and experience which provides the capabilities to perform the described job duties. Knowledge of: • Principles of organization and human resources management; • Practices relating to equal employment opportunity; • Public Employees' Retirement System and other insurance and benefit programs; • Related computer applications including applicant tracking, word processing and spreadsheet software. Ability to: • Communicate effectively and write clear, concise reports; • Gather and analyze data; • Develop and maintain effective working relationships; • Maintain accurate records and files; • Interpret rules and regulations. Licenses; Certificates; and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Working Conditions: Standard office environment and working conditions. Must be willing to work outdoors, evenings and weekends when necessary. Promotion to Human Resources Analyst 11: Promotion to Human Resources Analyst II is made on a merit basis without examination, subject to recommendation by the Department Head, approval of the Human Resources Manager and City Manager. Under normal conditions, an employee may be considered for promotion one year after appointment to the fifth salary step and completion of a minimum of three years as a Human Resources Analyst I. Approved by the Miscellaneous Civil Service Board: June 19, 2007 Approved by City Council: June 20, 2007 Approved by the Miscellaneous Civil Service Board: Approved by City Council: 0310$117 CC A EN A PACKET FAG 352 CITY OF BAKERSFIELD CLASS SPECIFICATION: 27010 UNIT: WHITE COLLAR EE04: PROFESSIONALS CLASS TITLE: HUMAN RESOURCES ANALYST I CLASS ru A R n rTF-R= rc SUMMARY: Under supervision, performs entry level generalist human resources services in recruitment, selection, employee benefits, employee and supervisory training, Unemployment Claims, employee morale /motivation, surveys, and other areas of human resources administration as assigned. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of the position's essential duties. They are descriptive, not limiting. Essential Duties: • Assists with recruiting and examining activities including preparation of announcements, advertisements, and brochures; • Reviews applications and evaluates education and work history; • Prepares and administers written, performance and oral examinations; • Conducts background and reference checks; • Assists with the City's Affirmative Action Plan and other special employment projects; • Assists in classification studies and writing of class specifications; • Assists in gathering salary data; • Counsels job applicants on employment opportunities and standards; • Assists with special studies and preparation of reports as assigned; • Answers routine correspondence and questions relating to the human resources program; • Administers temporary employment program, including screening, interviewing and recommending candidates to meet departmental employment needs; • Conducts orientation sessions for all new employees; • Monitors Employee Assistance Program and provides information to employees or managers as needed; • Responds verbally and in writing to salary survey requests and other questions relating to the City's employment practices; • Administers Unemployment Insurance including responding to claims, monitoring level of claims and making recommendations relative to accepting or rejecting claim; • Administers Employee Service Award and Rideshare Program; • Prepares EEO -4 reports annually; • Provides City Attorney's Office with information requested in Department of Fair Employment and Housing complaints; • Assists with inquiries about benefits when needed; • Updates and maintains workforce complement listing; • Assists in the development and administration of employee and supervisory training programs; • Maintains accurate records and files. 0310$117 CC A EN A PACKET FAG 353 CLASS TITLE: HUMAN RESOURCES ANALYST 1 27010 DISTINGUISHING CHARACTERISTICS: This is an entry level class. Incumbents perform the more routine recruitment, selection, employee relations, training and affirmative action duties while learning City policies, procedures, specific techniques and regulations related to human resources management. MINIMUM QUALIFICATIONS: Training and Experience: • Graduation from an accredited college or university with a Bachelor's degree in Human Resources, Public or Business Administration, or a related field; and One (1) year experience in human resources; or An equivalent combination of training and experience which provides the capabilities to perform the described job duties. Knowledge of: • Principles of organization and human resources management; • Practices relating to equal employment opportunity; • Public Employees' Retirement System and other insurance and benefit programs; Related computer applications including applicant tracking, word processing and spreadsheet software. Ability to: • Communicate effectively and write clear, concise reports; • Gather and analyze data; • Develop and maintain effective working relationships; • Maintain accurate records and files; • Interpret rules and regulations. Licenses; Certificates; and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Working Conditions: Standard office environment and working conditions. Must be willing to work outdoors, evenings and weekends when necessary. Promotion to Human Resources Analyst 11: Promotion to Human Resources Analyst II is made on a merit basis without examination, subiect to recommendation by the Department Head, approval of the Human Resources Manager and City Manager. Under normal conditions, an employee may be considered for promotion one year after appointment to the fifth salary step and completion of a minimum of three years as a Human Resources Analyst I. Approved by the Miscellaneous Civil Service Board: June 19, 2007 Approved by City Council: June 20, 2007 Approved by the Miscellaneous Civil Service Board: Approved by City Council: 0310$117 CC A EN A PACKET FAG 35 CITY OF BAKERSFIELD CLASS SPECIFICATION: 27000 UNIT: WHITE COLLAR EE04: PROFESSIONALS CLASS TITLE: HUMAN RESOURCES ANALYST II CLASS SUMMARY: Under direction, performs generalist, journey -level professional human resources services in recruitment, selection, classification, compensation, employee relations, equal employment opportunity, training, benefits and other areas of human resources administration as assigned; and performs other work as assigned. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting. Essential Duties: • Conducts recruitment and selection for a variety of classifications; prepares announcements, advertisements and brochures; sources applicants for difficult positions; evaluates applications for participation in the selection process; analyzes, designs, administers and evaluates a variety of examination processes; and responds to and resolves complaints • Provides employee or applicant counseling as necessary • Conducts classification and compensation studies; responds to and conducts surveys and analyzes and interprets results; performs job audits; writes new and revises existing job specifications; and prepares administrative reports and resolutions for City Council • Consults with City departments and divisions; advises and assists in meeting staffing needs and solving employee issues • Administers temporary employment program including sourcing, screening, interviewing and recommending applicants to meet operating department staffing needs • Administers Unemployment Insurance including responding to claims and representing the City at appeal hearings • Receives complaints, conducts investigations, prepares reports and makes recommendations for action, prepares disciplinary charges and attends appeal hearings, and assists with preparing responses to Department of Fair Employment and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC) • Develops and conducts training programs and prepares training materials • Assists with preparation of division budget • Assists with the training and development of division staff and serves as a technical resource • Utilizes various computer applications for applicant tracking, analysis, etc. • Makes public presentations as necessary • Provides staff support to commissions or committees as assigned 0310$117 CC A EN A PACKET FAG 355 CLASS TITLE: HUMAN RESOURCES ANALYST II 27000 DISTINGUISHING CHARACTERISTICS: This position is distinguished from Human Resources Analyst I in that the latter is an entry -level position while the 11 level is a lead position exercising a greater degree of independent judgment due to the scope of duties that represent the most responsible, sensitive and complex assignments. Specialist assignments are made as the need arises. MINIMUM QUALIFICATIONS: Training & Experience: • Graduation from an accredited college or university with a Bachelor's degree in Human Resources, Public Administration, Business Administration, or related field; and • Two (2) years of professional experience in human resources; or • An equivalent combination of training and experience which provides the capabilities to perform the described job duties. • A Master's Degree in the above - mentioned areas or a PHR or SPHR certification is highly desirable. Knowledge of: • Principles of human resources management including, but not limited to, recruitment and selection, classification and compensation, employee relations, equal employment opportunity, training, benefits, etc.; • Related computer applications including applicant tracking, word processing and spreadsheet software. Ability to: • Conduct research, compile data, analyze findings and make effective recommendations; • Read and understand rules, regulations, case law, etc.; • Maintain accurate and complete records and files; • Establish and maintain effective working relationships; • Use initiative and independent judgment in the performance of job duties; • Meet challenging deadlines; • Communicate effectively both orally and in writing. Licenses, Certificates, and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Requirements: Standard office environment and working conditions. Must be willing to work outdoors, evenings and weekends when necessary. Promotion to Human Resources Analyst II: Promotion to Human Resources Analyst II is made on a merit basis without examination, subject to recommendation by the Department Head, approval of the Human Resources Manager and City Manager. Under normal conditions, an employee may be considered for promotion one year after appointment to the fifth salary step and completion of a minimum of three years as a Human Resources Analyst I. 0310$117 CC AGENDA PACKET FAG 356 Approved by the Miscellaneous Civil Service Board: June 19, 2007 Approved by the City Council: June 20, 2007 Approved by the Miscellaneous Civil Service Board: Approved by the City Council: 0310$117 CC A EN A PACKET FAG 357 CITY OF BAKERSFIELD CLASS SPECIFICATION: 27000 UNIT: WHITE COLLAR EE04: PROFESSIONALS CLASS TITLE: HUMAN RESOURCES ANALYST II CLASS SUMMARY: Under direction, performs generalist, journey -level professional human resources services in recruitment, selection, classification, compensation, employee relations, equal employment opportunity, training, benefits and other areas of human resources administration as assigned; and performs other work as assigned. REPRESENTATIVE DUTIES: The following typical tasks and responsibilities are representative of this class. They are descriptive, not limiting. Essential Duties: • Conducts recruitment and selection for a variety of classifications; prepares announcements, advertisements and brochures; sources applicants for difficult positions; evaluates applications for participation in the selection process; analyzes, designs, administers and evaluates a variety of examination processes; and responds to and resolves complaints • Provides employee or applicant counseling as necessary • Conducts classification and compensation studies; responds to and conducts surveys and analyzes and interprets results; performs job audits; writes new and revises existing job specifications; and prepares administrative reports and resolutions for City Council • Consults with City departments and divisions; advises and assists in meeting staffing needs and solving employee issues • Administers temporary employment program including sourcing, screening, interviewing and recommending applicants to meet operating department staffing needs • Administers Unemployment Insurance including responding to claims and representing the City at appeal hearings • Receives complaints, conducts investigations, prepares reports and makes recommendations for action, prepares disciplinary charges and attends appeal hearings, and assists with preparing responses to Department of Fair Employment and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC) • Develops and conducts training programs and prepares training materials • Assists with preparation of division budget • Assists with the training and development of division staff and serves as a technical resource • Utilizes various computer applications for applicant tracking, analysis, etc. • Makes public presentations as necessary • Provides staff support to commissions or committees as assigned 0310$117 CC A EN A PACKET FAG 358 CLASS TITLE: HUMAN RESOURCES ANALYST II 27000 DISTINGUISHING CHARACTERISTICS: This position is distinguished from Human Resources Analyst I in that the latter is an entry -level position while the 11 level is a lead position exercising a greater degree of independent judgment due to the scope of duties that represent the most responsible, sensitive and complex assignments. Specialist assignments are made as the need arises. MINIMUM QUALIFICATIONS: Training & Experience: • Graduation from an accredited college or university with a Bachelor's degree in Human Resources, Public Administration, Business Administration, or related field; and Two (2) years of professional experience in human resources; or An equivalent combination of training and experience which provides the capabilities to perform the described job duties. A Master's Degree in the above - mentioned areas or a PHR or SPHR certification is highly desirable. Knowledge of: • Principles of human resources management including, but not limited to, recruitment and selection, classification and compensation, employee relations, equal employment opportunity, training, benefits, etc.; • Related computer applications including applicant tracking, word processing and spreadsheet software. Ability to: • Conduct research, compile data, analyze findings and make effective recommendations; • Read and understand rules, regulations, case law, etc.; • Maintain accurate and complete records and files; • Establish and maintain effective working relationships; • Use initiative and independent judgment in the performance of job duties; • Meet challenging deadlines; • Communicate effectively both orally and in writing. Licenses, Certificates, and Special Requirements: Possession of a valid California Class "C" driver's license. Physical Conditions or Special Requirements: Standard office environment and working conditions. Must be willing to work outdoors, evenings and weekends when necessary. Promotion to Human Resources Analyst II: Promotion to Human Resources Analvst II is made on a merit basis without examination, subiect to recommendation by the Department Head, approval of the Human Resources Manager and City Manager. Under normal conditions, an employee may be considered for promotion one year after appointment to the fifth salary step and completion of a minimum of three vears as a Human Resources Analyst I. 0310$117 CC AGENDA PACKET FAG 359 Approved by the Miscellaneous Civil Service Board: June 19, 2007 Approved by the City Council: June 20, 2007 Approved by the Miscellaneous Civil Service Board: Approved by the City Council: 0310$117 CC A EN A PACKET FAG 360 ADMINISTRATIVE REPORT MEETING DATE: 3/8/2017 Consent -SuccessorAgency Business z. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/23/2017 111-11 V 03 SUBJECT: Receive and file SuccessorAgency payments from February 3, 2017 to February 23, 2017, in the amount of $1,100.00. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #654878 to HDL Coren & Cone for $1,100.00 is a payment for Statistical Information for Tax Allocation Bonds Continuing Disclosure Report. Payment approved as ROPS 16-17, line item #3. ATTACHMENTS: Description Type D 1 C iec,�kRegilsteir/kdiryii'iiriS/kI pyiryiiritsO3O('320'17 BackU IMateir4� 03108117 CC AGENDA PACKET PG 361 2/24/2017 AP - CHECK REGISTER - SUCCESSOR AGENCY FROM 1 2/3/2017 TO 2/23/2017 CITY OF BAKERSFIELD - Successor Agency Payments Check Number Vendor Number Vendor Name Payment Date Check Amount 10828 HDL 11 11 E- Payables E- Payables Number Vendor Number Vendor Name E- Payable Date Amount 0.00 0 $0.00 Disbursement Total 1 $1,100.00 0310$117 CC A EN A PACKET FAG 362 Senior Refuse Rebate Bakersfield City Council March 8, 2017 Virginia Gennaro City Attorney Nick Fidler Director, Public Works The Refuse Rebate was established in 1987 by Ordinance [BIVIC Section 8.32.060(E)] • Provides 50% refund on annual refuse bills to qualified seniors who apply and are: 1) 65 years old or older, and 2) Own or have owned and occupied asingle-family dwelling unit since March 1 of the preceding year • Cost projection in 1987 was $30,000 per year rate ($195.72) for each residential refuse ratepayer each year: — Approximately $520,000 per year currently — Involves about 5,600 seniors — $95 per senior based on current year Each residential ratepayer currently pays $2.91 order to subsidize the Rebate in 0 F f f ^- c IvJliuy • Amended the California Constitution • Tax Reform Measure • Established new procedural and substantive requirements for imposing and increasing property- related service fees and charges, such as refuse, sewer, and water services • Provided a right to repeal tax increases • Restricted the use of fees to the extent that imposed fees may not exceed the cost of providing the service • Howard Jarvis Taxpayers Association v. City of Fresno (2005) • Bighorn -Desert View Water Agency v. Verfil, 39 Cal. 4th2O5,(2006) • Pajaro Valley Water Mgmt. Agency v. AmRhein (2007) 150 Cal.App.4th 1364 Dahms v. Downtown Pomona Property et. al. 174 Cal. App, 4th7O8 (2009) (Court of Appeal, Second Dist.) • City of Palmdale v. Palmdale Water District (2011) 198 Cal. App. 926 • Golden Hill Neighborhood Assn v. City of San Diego (2011) 199 Cal.App.4th 416 • Griffith v. Pajaro Valley Water Management Agency (2013) 220 Cal.Ap.4th 586 • Morgan v. Imperial Irrigation Dist. 223 Cal. App. 4th 892 (May 14, 2014) (Court of Appeal, Fourth Dist.) Ca8l.App.4th • Great Oaks Water Co. v. Santa Clara Valley Water District (2015) • Moore v. City of Lemon Grove (2015) • Jacks v. City of Santa Barbara (2015) 234 Cal.App.4th 925 (pending CA Supreme Court) 11 Green Valley Landowners Assn. v. City of Vallejo, ?�Q1 6 Cal. LEXIS 327, '1 (Cal. Jan. 13, 2016) lip �11�11 through litigation • To date, Prop 218 cases have consistently concluded that ratepayers cannot be overcharged in order to provide discounts to other ratepayers for the same service • Revenues derived from fees shall not be used for any other purpose other than that for which the fees/charges were imposed it lUl Cd51:�U r dLt�S iur 5:Mt:1, i Ci u5t: di iu WdB:�i 0 • Updated Wastewater Division Revenue Program to ensure the proportionality requirements met • Charged City departments for their respective water, refuse and sewer services in the budget Discontinued charging outside city sewer users an outside user fee for sewer service Next step is to repeal the City's Refuse Reba as it exposes the City to liability because the rebate is being subsidized by customers who are paying more than their share of the cost of refuse service Annual residential rate of $195.72 includes: • Tan Cart Service • Green Cart Service • Blue Cart Service • Street Sweeping • Bulky Item Pick-up • Senior Rebate Program Reducing tan cart size has little effect on overall rate 4000 Fy�yO1, F'��0''' � JO�� Fy�Oh ��O�O�O F��O� Fy�1� �y�8i F'��y0 F�yOyy �Jy,,y'L 4yyly3 Fyy�yp F�ypyh F�yhy`o • Refuse cost is for time and fuel to drive to the residence and lift the cart. It's the same for small carts • Swapping cart sizes as residents move/change their mind adds cost and creates unwanted " used" carts • Abuse of small carts encourages illegal dumping Reducing refuse pick-up to every other w k violates CA health regulations, which require removal of garbage every 7 days: ➢To prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances, refuse ... shall not be allowed to remain on the premises for more than seven days ... • No studies showing that people over 65 generate less refuse S1,400.00 $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 $0.00 N I, �FQccro� ocabe�°yoo�a.�co�hcQ°�Fao 4O ° �a°\ab dc °o�oo Qoao }co �cao ��> �oc * m°cyc6 00 430 0 1° °°°oR0 d' �0 goo °�Soc c 5o So oc S o ° (g SO S e * numbers are rounded to the nearest doiiar. Suggested Motion/Questions 0% 0 LIN 4%- sr'J