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03/07/18 CC AGENDA PACKET
sA BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 7, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding the following: 1. (liana Avila and Irving Encamacion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -16-100049, TSC 2. Marie C. Gariepy and Chloe Gariepy, a minor by and through her guardian ad litem, Marie C. Gariepy v. City of Bakersfield, State of California Department of Transportation, Kern County Superior Court Case No. S -1500 -CV -282833, SPC 3. Checks and Balances v. City of Bakersfield, et al, Kern County Superior Court Case No. BCV -17-101859, EJB 5. CLOSED SESSION ACTION 6. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Closed Session - Existing Litigation 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/20/2018 111-11 N 03 SUBJECT: Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding the following: 1. (liana Avila and Irving Encamacion v. City of Bakersfield, et al., Kern County Superior Court Case No. BCV -16-100049, TSC 2. Marie C. Gariepy and Chloe Gariepy, a minor by and through her guardian ad litem, Marie C. Gariepy v. City of Bakersfield, State of California Department of Transportation, Kern County Superior Court Case No. S -1500 -CV -282833, SPC 3. Checks and Balances v. City of Bakersfield, et al, Kern County Superior Court Case No. BCV -17-101859, EJB STAFF RECOMMENDATION: BACKGROUND: BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MARCH 7, 2018 Council Chambers, City Hall, 1501 Truxtun Avenue Reguair Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Josh Fitzpatrick, Lead Pastor of Wellspring Free Methodist Church. 3. PLEDGE OF ALLEGIANCE by the Fruitvale Junior High School Associated Student Body representatives for the 2017-18 school year. 4. PRESENTATIONS 5. PUBLIC STATEMENTS 6. WORKSHOPS Ward 2 a. Back -in diagonal parking on 18th Street between N and Q Streets. Approve implementation of the back -in diagonal parking on 18th Street between N and Q Streets. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the February 21, 2018, Regular City Council Meetings. Payments: b. Receive and file department payments from February 9, 2018, to February 22, 2018, in the amount of $21,143,888.16, Self Insurance payments from February 9, 2017, to February 22, 2018, in the amount of $798,964.63, totaling $21,942,852.79. Ordinances: Ward 6 C. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C- 1 (Neighborhood Commercial) on 5.68 acres located at the southeast corner of Ashe Road and Taft Highway (SR 119). A resolution adopting a Mitigated Negative Declaration will also be considered. (Zone Change No. 17-0212 - McIntosh & Associates representing Gurmehar Enterprises, Inc./Dr. Matab Singh). 1. Resolution adopting a Mitigated Negative Declaration. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres. Ward 7 d. Adoption of ordinance amending the Official Zone Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to M-1 (Light Manufacturing) on 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane. (FR 2121118) Resolutions: e. Resolution in support of Valley Fever legislation authored by Assembly Members Fong and Salas and Co -Authored by Senator Fuller. f. Resolution supporting the Reducing Crime and Keeping California Safe Act of 2018. 9. 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 7 h. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 658 located along the south side of Taft Highway, approximately 492 feet east of Hughes Lane. Use of a previously adopted Negative Declaration will also be considered. Ward 6 i. Emergency sewer repair at the intersection of Harris and Ashe Roads: 1. Resolution dispensing with bidding procedures due to emergency sewer repairs at the intersection of Harris and Ashe Roads at the Arvin -Edison Canal, and authorizing Rain for Rent and Granite Construction Company to perform necessary repairs (not to exceed $525,000). 2. Appropriate $525,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. Ward(s) 1, 2 j. 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. 1955 adding Area 4-177 (1325 Niles Street) — Ward 2 2. ROI No. 1956 adding Area 5-93 (400 Old Yard Drive) — Ward 1 3. ROI No. 1958 adding Area 1-120 (410 Real Road) — Ward 2 4. ROI No. 1959 adding Area 4-178 (1109 Stockton Street) — Ward 2 5. ROI No. 1960 adding Area 4-179 (705 32nd Street) — Ward 2 Agreements: Ward I k. Agreement with National Retail Properties ($168,000) to purchase real property at 1st and V Street for a drainage basin. I. Agreement with Caribou Energy Corporation (not to exceed $100,000) for on-call potholing services for non -federally funded projects. M. Amendment No. 2 to Agreement No. 16-063 with Amber Chemical Inc. ($50,000 and extend the term one year), for the continued supply of pool chemicals. n. Amendment No. 1 to Agreement No. 17-043 with Burtch Construction Inc.($800,000 and extend the term one year), for the continued supply of asphalt rejuvenator/sealant. Ward 3 0. Amendment No. 3 to Agreement No. 15-008 with NV5, Inc. ($1,878,802.32; revised not to exceed $13,049,607.58), for construction management services for the Beltway Operational Improvements Project. Ward 7 P. Contract Change Order No. 3 to Agreement No. 16-232 with Griffith Company ($129,482.86; revised not to exceed $1,616,846.61) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to South H Street Project. Property Acquisition Agreements -TRIP: q. Approval of settlement in Case No. BCV -17-102689 in the amount of $52,000. Ward 2 r. Agreement with Justin and Natalie Espinoza ($54,000) to purchase real property located at 2323 Elm Street for the 24th Street Widening Project. Ward(s) 2, 3 S. Reject all bids for the Traffic Signal and Lighting System Modification at Columbus Street and Union Avenue Project. Ward 2 t. Accept the bid and approve the contract to Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($301,212), for the construction of curb, gutter, and sidewalk for the Oleander area. Ward 2 U. Accept the bid and approve the contract to Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($301,212) for the construction of curb, gutter, and sidewalks for the Baker/Old Town Kern area. Ward 6 V. Accept the bid and approve the contract to Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield ($273,441), for the construction of curb, gutter, and sidewalk for the La France Area. W. Accept the bid from Mullahey CDJR, Paso Robles ($75,264.75), for the replacement of two one -ton pickup trucks with flat beds for use by the Public Works Department's General Services and Fleet Divisions. X Accept the bid from Gall's, LLC, Lexington, KY ($85,585.50), for body armor for the Bakersfield Police Department. Y. Accept the bid from Dell Marketing, L.P., Round Rock, TX ($151,474.80) for two replacement Dell storage area network devices. Ward 2 Z. Rehabilitation of sewer lift station at Office Park Drive: 1. Accept the bid and approve the contract with SW Construction ($278,102.30) for construction of said project. 2. Transfer $350,000 from the Sewer Lift and Storm Pump Station -Various Locations Capital Improvement budget to the Sewer Lift Station at Office Park Drive Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). Ward 5, 6 aa. Sewer rehabilitation in the Campus Park area between Old River Road and Gosford Road: 1 . Accept the base bid and Additive Alternate No. 1, and approve the contract with Insituform Technologies, LLC. ($1,927,554), for said project. 2. Appropriate $200,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. Miscellaneous: Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS Ward 2 a. Public hearing to consider a resolution ordering the vacation of the 20 foot wide alley running east and west, bounded by Sumner Street, Sonora Street, East 21st Street, and Sacramento Street. Staff recommends adopting the resolution. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT E '; S CITY MANAGER`$ OFFICE March 7,2018 O: HONORABLE MAYOR AND COUNCILMEMBERS FROM: .A D , CSN" MANAGER SUBJECT: COUNCIL MEETING, MARCH 17, 2,018 AGENDA, ITEM, 3— FLEDGE OF ALLEGIANCE Foflo,o4ng the pledge of dlegiar°rr e, Mayor Cohn will be providing FTUIt te. SonJor High School Principal, Leslie Garrison, a C rf1NVck>e of Achievement Nor their deigirn tion of drool "Its Watch - Taking Center Stage. City Manages°" Office # 1600 Truxtun Avenue * Sakerslield # Calffornia330 (661) 326-3751 I "icx (661)324-1.850 03107118CC A GENDA PA CKET PG 8 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/23/2018 iTiff-11 1.1 SUBJECT: Back -in diagonal parking on 18th Street between N and Q Streets. STAFF RECOMMENDATION: Approve implementation of the back -in diagonal parking on 18th Street between N and Q Streets. BACKGROUND: The business owners along 18th Street between N and Q Streets submitted a petition to the City to request back -in diagonal parking striping alternating on the north and south side of the street storefronts. The petition states: Diagonal striping has been proven as an economical way to create more parking while reducing speeds in this area and studies show the back -in style is a safer form of diagonal parking. We, the 18th Street Business Owners, hope this will encourage more walking in the area, but also create a safer environment for all modes of transportation through this corridor. By altering the striping from parallel striping to diagonal striping we will gain parking spaces that are greatly needed. The California Manual on Uniform Traffic Control Devices does not address angle parking or back -in angle parking. Therefore, there is not guidance on its use on roadways such as recommended maximum speeds or vehicle volumes. Standard practice for the City has been to only install head -in angle parking on low volume roads with a speed limit of 25 mph or less. The City has never installed back -in angle parking. Back -in angle parking is not widely used; however, some cities have implemented it on a limited basis usually on streets with bike lanes or bike routes. The basic concept is similar to standard 45 -degree head -in parking. However, instead of pulling forward into the space, the drivers back into the angled stall. This is also referred to as reverse -angle or reverse diagonal parking. For the driver, the basic steps are like parallel parking: signal to indicate the upcoming movement, pull past the parking stall and stop, and reverse into the parking stall at a 45 -degree angle. Some of the advantages to back -in angle parking include drivers have a better view of traffic, both vehicles as well as bicycles, when exiting the parking space into the travel lane. It puts the trunk or back of vehicle to the sidewalk for safer loading/unloading. It also positions drivers and passengers to enter or exit the vehicle toward the sidewalk with the doors shielding people from moving traffic. There are potential challenges as well such as a drivers not knowing exactly when to stop when backing, resulting in the vehicle overhanging the sidewalk and possibly hitting adjacent poles or other infrastructure. Potential short-term traffic congestion with the initial stopping and backing maneuver, like parallel parking, is also a disadvantage. Also, there is the potential for drivers from the opposing traffic lane pulling across the road and nose -first into the parking stall. City staff investigated the potential for back -in angle parking specifically for 18th Street between N and Q Streets. This street has two-way traffic and a speed limit of 35 mph. By installing the diagonal spaces, there will be a gain of seven parking spaces between 0 Street and Q Street and a gain of two parking spaces between N and 0 Streets. Since the back -in angle parking is a new concept, motorists will not be familiar with its use. The Public Works Department will install signs and markings within the area indicating back -in only. In addition, the Public Works Department along with Police Department will perform public outreach and education on the use of the new back -in diagonal parking to inform motorists of the change. The Police Department will also provide enforcement within the area to ensure the stalls are being used correctly. ATTACHMENTS: Description D PoweirP6int Ipireav>entaYioin Type Piresentadoin 03107118CCAGENDAPACKETPG 19 1 OF- I ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 1/8/2018 111-11 V 03 SUBJECT: Approval of minutes of the February 21, 2018, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackUIMateir4� 03107118 CC A GENDA PA C PG 24 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 21, 2018 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 (seated at 4:00 p.m.), Gonzales, Freeman (seated at 3:33 p.m.), Sullivan (seated at 3:40 p.m.), Parlier Absent: Councilmember Weir 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Staff follow-up report regarding homelessness. The following staff made comments and provided a PowerPoint presentation: Assistant City Manager Teglia; City Attorney Gennaro; Assistant Police Chief Demestihas; Community Development Director Kitchen; Building Director Burns; and Public Works Director Fidler. Councilmember Parlier requested staff explore grant opportunities or directly funding an outreach coordinator through the Homeless Collaborative. Councilmember Gonzales requested staff work with the Homeless Collaborative to examine point -in -time count data, once it is available; receive recommendations from the Homeless Collaborative regarding gaps in service; and explore additional resources to support the Homeless Collaborative. Councilmember Rivera requested staff to explore using the remaining Council contingency on homeless outreach efforts. ACTION TAKEN Bakersfield, California, February 21, 2018 - Page 2 3. WORKSHOPS continued ACTION TAKEN Councilmember Rivera requested staff explore using CDBG funds more creatively to provide homeless services. Councilmember Rivera requested staff identify any pending affordable housing projects; examine deficiencies in affordable housing; and explore the Affordable Housing and Sustainable Communities grant program. Councilmember Parlier requested staff explore the City of Anaheim's Fire Department Program that addresses medical needs of the homeless population. 4. CLOSED SESSION None. 5. CLOSED SESSION ACTION None. 6. ADJOURNMENT Mayor Goh adjourned the 3:30 p.m. meeting at 5:02 p.m. REGULAR MEETING -5:26 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Freeman, Sullivan, Parlier Absent: Councilmember Weir Mayor Goh acknowledged students from Bakersfield College and Assemblymember Rudy Salas' Young Assemblymembers program in attendance at the meeting to learn about city government. 2. INVOCATION by Father Larry Toschi, Pastor of Our Lady of Guadalupe Church. 3. PLEDGE OF ALLEGIANCE by Mr. Donald Lora, Korean War Veteran for the United States Army from 1951- 1953. Bakersfield, California, February 21, 2018 - Page 3 4. PRESENTATIONS ACTION TAKEN None. 5. PUBLIC STATEMENTS a. Dennis Fox spoke regarding the appropriation of TCP litigation settlement proceeds to the Domestic Water Operating Budget to fund the cost of attorney contingency fees. b. Paola Rodriguez and Noe Garcia spoke regarding Assemblymember Rudy Salas' Young Assemblymembers Program and their desire to learn more about the legislative process. 6. WORKSHOPS a. Valley Children's Healthcare Outpatient Clinic Tim Curley, Director of Community and Government Relations for Valley Children's Healthcare, made comments and provided a PowerPoint presentation. b. Amendment No. 1 to Resolution No. 127-17, RES 127-17(1) rescinding the previously approved increases to water rates for Fiscal Years 2018/2019 and 2019/2020 for the City Domestic Water Service Area. Water Resources Manager Chianello made staff comments. Motion by Vice -Mayor Smith to adopt the APPROVED amendment to the resolution. AB WEIR 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 7, 2018, Regular City Council Meetings. Bakersfield, California, February 21, 2018 - Page 4 8. CONSENT CALENDAR continued Payments: b. Receive and file department payments from January 26, 2018, to February 8, 2018, in the amount of $15,738,531.69, Self Insurance payments from January 26, 2018, to February 8, 2018, in the amount of $359,956.16, totaling $16,098,487.85. Ordinances: C. First Reading of an ordinance amending the official zone map of Title 17 Of The Bakersfield Municipal Code by changing the zone district from A (Agriculture) to M-1 (Light Manufacturing) on approximately 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane. A proposed Mitigated Negative Declaration will also be considered. Resolutions: d. Resolution authorizing the transfer of unclaimed money ($27,661.73) from the Escheat Trust Account to the General Fund. Agreements: e. Agreement with Kern County Water Agency (KCWA) ($613,930.50; 100% Locally Funded) for mitigation of a KCWA facility in advance of Phase 1 of the 24th Street Improvements Project. f. Amendment No. 2 to Agreement No. 98-51 with Kern Charter Service, Inc. (no change in compensation and extend term one year), for continuing fixed based operator services at Bakersfield Municipal Airport. g. Amendment No. 2 to Agreement No. 15-281 with Meyer Civil Engineering ($7,257.70; revised not to exceed $108,176.20) to provide additional consulting services for two Sewer Lift Station Rehabilitation Projects: White Lane and Buena Vista Road, and 24th Street and Oak Street. ACTION TAKEN FR RES 0 10- 18 AGR 18-028 AGR 98-51(2) AGR 15-281(2) A Bakersfield, California, February 21, 2018 - Page 5 CONSENT CALENDAR continued ACTION TAKEN h. Amendment No. 2 to Agreement No. 16-035 AGR 16-035(2) with Ferguson Enterprises Inc. (extend term one year) for the continued supply of fire hydrants. Amendment No. 2 to Agreement No. 15-057 AGR 15-057(2) with Stinson Stationers, Inc. ($375,000; revised not to exceed $1,450,000 and extend term one year), for the continued supply of office supplies. Contract Change Order No. 2 to Agreement AGR 16-269 No. 16-269 with AC Electric Company, ($38,177; CCO 2 revised not to exceed $1,307,260) for construction of the Amtrak Solar Project. Property Acquisition Agreements - TRIP: k. Agreement with Palla/Smith Investments LLC AGR 18-029 ($167,400) to purchase real property located at DEED 8869 3316 & 3317 Laverne Avenue for the Centennial Corridor Project. Bids: Reject all bids for Brighton Park sound wall construction. M. Accept bid from Pape Kenworth, Bakersfield ($222,531.95) for a replacement 4,000 -gallon water truck for use by the Public Works Department, Solid Waste Division. n. Accept bid from Lehr Auto Electric, Sacramento, California ($511,289.92) for one hundred (100) replacement Panasonic Toughbook Laptops and accessories for the Police Department. o. Accept bid and approve contract with Pelagic AGR 18-030 Engineering ($114,025) for the Pedestrian Countdown Timers - Part 5 Project. Miscellaneous: P. Appropriate $542,312 in TCP litigation settlement proceeds to the Domestic Water Operating Budget to fund the cost of attorney contingency fees. 7 Bakersfield, California, February 21, 2018 - Page 6 CONSENT CALENDAR continued q. Appropriate $230,132 State grant revenues to the Police Operating Budget within the Supplemental Law Enforcement Services Fund. r. Response to Grand Jury Findings and Recommendations. Successor Agency Business: S. Receive and file Successor Agency payments from January 26, 2018, to February 8, 2018, in the amount of $1,100.00. Motion by Vice -Mayor Smith to adopt Consent Calendar items 8.a. through 8.s. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider a resolution ordering the vacation of the 15 feet wide alley adjacent to 818 Quincy Street, 1600, 1604, and 1608 Beale Avenue. b. Public Hearing to consider a resolution ordering the vacation of the Public Utility Easement located in the north 100 feet of the alley in Block 172, behind 2229 Q Street, 2230 P Street and 2250 P Street. C. East Panama Lane - Central Canal (North Half) Bridge District: 1. Resolution adopting the East Panama Lane - Central Canal (North Half) Bridge District and approving the boundaries of the area, the construction costs, and fee schedule. 2. Ordinance amending subsection (F) (1) of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR 02/07/ 18) ACTION TAKEN APPROVED AB WEIR RES 0 11- 18 RES 012-18 RES 013-18 ORD 4927 Bakersfield, California, February 21, 2018 — Page 7 9. CONSENT CALENDAR PUBLIC HEARINGS continued d. Public Hearing to consider General Plan Amendment No. 17-0354. Moran Development, representing Beech A/C Properties, LLC, the property owner, is proposing a general plan amendment, changing the land use designation from Low Medium Density Residential (LMR) to High Medium Density Residential (HMR) on 38.01 acres, subject to conditions of approval, located generally north of McCutchen Road, 1,300 feet west of Ashe Road. A proposed Mitigated Negative Declaration will also be considered. Resolution adopting a Negative Declaration with Mitigation Measures. 2. Resolution approving the general plan amendment changing the land use designation from Low Medium Density Residential (LMR) to High Medium Density Residential (HMR) on 38.01 acres, subject to conditions of approval. e. Public Hearing to consider General Plan Amendment/Zone Change 17-0356. DeWalt Engineering, representing Rex Martin, the property owner, is proposing a General Plan Amendment, changing the land use designation from LMR (Low Medium Density Residential), HMR (High Medium Density Residential), and OS (Open Space) to LR (Low Density Residential) on 40 acres, subject to conditions of approval, and a Zone Change from R -H (Residential Holding) to R-1 (One Family Dwelling) on 40 acres, located generally south of Chase Avenue and east of Kern Canyon Road (SR 184). A proposed Negative Declaration will also be considered. Resolution adopting a Negative Declaration with Mitigation Measures. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION SEE PAGE 10 REMOVED FOR SEPARATE CONSIDERATION SEE PAGE 11 Bakersfield, California, February 21, 2018 — Page 8 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN ITEM 9.e. CONTINUED 2. Resolution approving the General Plan Amendment changing the land use designation from LMR (Low Medium Density Residential), HMR (High Medium Density Residential), and OS (Open Space) to LR (Low Density Residential) on 40 acres, subject to conditions of approval. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -H (Residential Holding) to R-1 (One Family Dwelling) on 40 acres. Consent Calendar Hearings 9.a. through 9.e. opened at 6:00 p.m. A member of the public requested item 9.e. be removed for separate consideration. Councilmember Parlier requested item 9.d. be removed for separate consideration. Consent Calendar Hearings 9.a. through 9.c. closed at 6:01 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.a. through 9.c. AB WEIR 10. HEARINGS a. Public Hearing to consider General Plan Amendment/Zone Change No. 17-0212. Application by McIntosh & Associates, representing property owner Gurmehar Enterprises, Inc., Dr. Matab Singh, to change 5.68 acres from Residential to Commercial, at the southeast corner of Taft Highway (SR 1 19) and Ashe Road. The request was denied by the Planning Commission and an appeal was filed by McIntosh & Associates. Bakersfield, California, February 21, 2018 - Page 9 10. HEARINGS continued ITEM 10.a. CONTINUED Resolution denying the appeal and denying the general plan amendment to change the land use designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 5.68 acres. 2. Resolution denying the appeal to amend the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres. Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:15 p.m. Roger McIntosh, representing Gurmehar Enterprises Inc. and Dr. Matab Singh, spoke in opposition to the staff recommendation and submitted written material. No one spoke in support of the staff recommendation. Hearing item 10.a. closed at 6:32 p.m. Motion by Councilmember Sullivan to adopt (1) a Resolution upholding the appeal and approving the General Plan Amendment to change the land use designation, as stated on the agenda, with the two additional conditions as stated by Vice -Mayor Smith and Councilmember Freeman: no vehicular access between the commercial and the residential, and enhanced commercial landscaping 30 - foot strip; and (2) a Resolution upholding the appeal and amending the zone map as presented on the agenda. Mayor Goh recessed the meeting at 6:47 p.m. and reconvened the meeting at 6:55 p.m. ACTION TAKEN SEE MOTION BELOW SEE MOTION BELOW APPROVED AB WEIR (1) RES 016-18 (2) RES 0 17- 18 Bakersfield, California, February 21, 2018 - Page 10 10. HEARINGS continued b. Public Hearing to consider General Plan Amendment No. 17-0354. Moran Development, representing Beech A/C Properties, LLC, the property owner, is proposing a general plan amendment, changing the land use designation from Low Medium Density Residential (LMR) to High Medium Density Residential (HMR) on 38.01 acres, subject to conditions of approval, located generally north of McCutchen Road, 1,300 feet west of Ashe Road. A proposed Mitigated Negative Declaration will also be considered. Resolution adopting a Negative Declaration with Mitigation Measures. 2. Resolution approving the general plan amendment changing the land use designation from Low Medium Density Residential (LMR) to High Medium Density Residential (HMR) on 38.01 acres, subject to conditions of approval. Community Development Director Kitchen made staff comments. Hearing item 10.b. opened at 6:57 p.m. Gordon Nipp, Vice -Chair of the Sierra Club, spoke in opposition to the staff recommendation. No one spoke in support of the staff recommendation. Motion by Councilmember Parlier to refer this item back to staff for additional advertising to include a zone change of R-2/PUD combined and return for Council consideration at a later date. ACTION TAKEN CONTINUED FROM PAGE 7 APPRVOED AB WEIR 10. Bakersfield, California, February 21, 2018 - Page 11 HEARINGS continued ACTION TAKEN C. Public Hearing to consider General Plan CONTINUED FROM Amendment/Zone Change 17-0356. DeWalt PAGE 7 Engineering, representing Rex Martin, the property owner, is proposing a General Plan Amendment, changing the land use designation from LMR (Low Medium Density Residential), HMR (High Medium Density Residential), and OS (Open Space) to LR (Low Density Residential) on 40 acres, subject to conditions of approval, and a Zone Change from R -H (Residential Holding) to R-1 (One Family Dwelling) on 40 acres, located generally south of Chase Avenue and east of Kern Canyon Road (SR 184). A proposed Negative Declaration will also be considered. 1. Resolution adopting a Negative RES 014-18 Declaration with Mitigation Measures. 2. Resolution approving the General Plan RES 0 15- 18 Amendment changing the land use designation from LMR (Low Medium Density Residential), HMR (High Medium Density Residential), and OS (Open Space) to LR (Low Density Residential) on 40 acres, subject to conditions of approval. 3. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -H (Residential Holding) to R-1 (One Family Dwelling) on 40 acres. Community Development Director Kitchen made staff comments. Hearing item 10.c. opened at 7:07 p.m. The following individuals spoke in opposition to the staff recommendation: Gordon Nipp, Vice - Chair of the Sierra Club; Steve Montgomery, Chair of the Sierra Club; Katherine Smith; Marion Vargas; Anna Lomeli; and David Campbell. Bakersfield, California, February 21, 2018 - Page 12 10. HEARINGS continued ACTION TAKEN ITEM 10.c. CONTINUED Adam Ojeda, DeWalt Corporation, representing the applicant Rex Martin, spoke in support of the staff recommendation. The following individuals spoke in rebuttal opposition to the staff recommendation: Gordon Nipp; Anna Lomeli; and Katherine Smith. No one spoke in rebuttal support of the staff recommendation. Hearing item I O.c. closed at 7:34 p.m. Motion by Councilmember Rivera to approve APPROVED the staff recommendation. AB WEIR 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Freeman requested the Planning and Development Committee examine the development standards for landscaping in parking lots on commercial properties. Councilmember Sullivan commented on the recent loss of Rev. Billy Graham. Mayor Goh congratulated staff on receiving the Downtown Business Association's Downtown Beautification Award. Bakersfield, California, February 21, 2018 — Page 13 15. ADJOURNMENT . ACTION TAKEN Mayor Goh adjourned the meeting at 7:44 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent- Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 1/30/2018 111-11 V 03 SUBJECT: Receive and file department payments from February 9, 2018, to February 22, 2018, in the amount of $21,143,888.16, Self Insurance payments from February 9, 2017, to February 22, 2018, in the amount of $798,964.63, totaling $21,942,852.79. Staff recommends receiving and filing the report. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Regilsteir/kdirNin 03...0°7....a'0,18 D 2 E/kP Check Regilsteir/kdirNin 03...0°7....a'0,18 Type BackUIMateir4� BackUIMateir4� 03107118 CC A GENDA PA C PG 38 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670497 70399 CALIFORNIA GOLD DEVELOPMENT Feb 9, 2018 $1,000.00 670498 10037 MISCELLANEOUS TRUST VENDOR Feb 9, 2018 $200.00 670499 10047 MISC RECEIVABLE REFUND VENDOR Feb 9, 2018 $96.00 670500 25660 HORIZON WATER & ENVIRONMENT LLC Feb 9, 2018 $23,420.51 670501 15335 KERN COUNTY COUNSEL Feb 9, 2018 $520.80 670502 13205 NAPD Feb 9, 2018 $21,875.13 670503 29655 P &A ADMINISTRATION SERVICES INC Feb 9, 2018 $4,171.44 670504 10047 MISC RECEIVABLE REFUND VENDOR Feb 9, 2018 $96.00 670505 10047 MISC RECEIVABLE REFUND VENDOR Feb 9, 2018 $96.00 670506 28920 SIMS, RONALD Feb 9, 2018 $22.75 670507 22473 SOILS ENGINEERING INC Feb 9, 2018 $35,225.00 670508 10047 MISC RECEIVABLE REFUND VENDOR Feb 9, 2018 $96.00 670509 29088 TODD GROUNDWATER Feb 9, 2018 $24,795.70 670510 70031 WALLACE & SMITH CONTRACTORS Feb 9, 2018 $840.00 670511 24411 CALIFORNIA BUILDING STANDARDS COMM Feb 9, 2018 $5,969.00 670512 4550 K C S O S Feb 9, 2018 $704,883.81 670513 4429 KERN COUNTY AUDITOR CONTROLLER Feb 9, 2018 $898.47 670514 4573 KERN COUNTY WATER AGENCY Feb 9, 2018 $2,217.78 670515 10047 MISC RECEIVABLE REFUND VENDOR Feb 9, 2018 $350.00 670517 7638 STATE BOARD OF EQUALIZATION Feb 9, 2018 $2,611.00 670518 19844 VAN WYK, MITCH Feb 9, 2018 $7,022.50 670519 10204 ASSOCIATION BKFD POLICE OFFICER FCU Feb 9, 2018 $14,590.40 670520 10211 BAKERSFIELD FIREMEN Feb 9, 2018 $9,490.63 670521 10200 BAKERSFIELD FIREMEN RELIEF ASS Feb 9, 2018 $8,124.72 670522 10203 BAKERSFIELD POLICE BENEFIT Feb 9, 2018 $25,327.69 670523 10205 MUTUAL BENEFIT ASSOCIATION Feb 9, 2018 $2,032.09 670524 26810 RELIASTAR LIFE INSURANCE CO Feb 9, 2018 $1,743.37 670525 22324 SEIU LOCAL 521 Feb 9, 2018 $20,442.92 670526 28 A C ELECTRIC COMPANY Feb 15, 2018 $1,120.35 670527 22346 ABACUS I M T INC Feb 15, 2018 $329.50 670528 29712 AGUILAR, MATTHEW Feb 15, 2018 $300.00 670529 24462 ALIANZA RECYCLING & RECOVERY LLC Feb 15, 2018 $276.03 670530 987 AMERICAN FABRICATION Feb 15, 2018 $643.50 670531 290 AMERICAN PUBLIC WORKS ASSN Feb 15, 2018 $196.00 670532 371 ANDERSON, STEVE Feb 15, 2018 $75.00 670533 19420 ANIMAL CARE EQUIPMENT & SERVICES Feb 15, 2018 $1,804.55 670534 29714 ANTAL, GURJEET Feb 15, 2018 $135.00 670535 1049 APPLIED LNG TECHNOLOGIES LLC Feb 15, 2018 $10,297.63 670536 18417 ATTORNEYS CERTIFIED SERVICES Feb 15, 2018 $95.00 670537 520 AUTO TINT WEST INC Feb 15, 2018 $140.87 670538 536 AVERY ASSOCIATES Feb 15, 2018 $3,150.00 670539 652 B A C S CO Feb 15, 2018 $7.85 670540 13544 BAKERSFIELD ARC Feb 15, 2018 $70.00 670541 675 BAKERSFIELD CALIFORNIAN Feb 15, 2018 $3,114.92 670542 12135 BAKERSFIELD COLLEGE Feb 15, 2018 $59.00 670543 10320 BAKERSFIELD HOMELESS CENTER Feb 15, 2018 $18,027.32 670544 857 BAKERSFIELD S P C A Feb 15, 2018 $70,000.00 670545 875 BAKERSFIELD TRUCK CENTER Feb 15, 2018 $552.49 670546 945 BARNETT'S TOWING SERVICE INC Feb 15, 2018 $35.00 670547 18398 BATTERY SYSTEMS INC Feb 15, 2018 $219.73 670548 22459 BC TRAFFIC SPECIALIST INC Feb 15, 2018 $1,864.20 670549 1069 BETHANY SERVICES Feb 15, 2018 $62,330.00 670550 28231 BIG BRAND TIRE & SERVICE Feb 15, 2018 $1,625.34 670551 23444 BILLINGSLEY, MATTHEW Feb 15, 2018 $657.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 39 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670552 21172 BLACKHOLE TECHNOLOGIES INC Feb 15, 2018 $2,303.52 670553 19197 BLAKEMORE, JEREMY Feb 15, 2018 $160.00 670554 29657 BLUE, SAMUEL Feb 15, 2018 $116.00 670555 1249 BRANDCO Feb 15, 2018 $233.81 670556 19303 BRIGHT HOUSE NETWORKS Feb 15, 2018 $109.98 670557 16565 BTE COMMUNICATIONS Feb 15, 2018 $190.00 670558 10267 BUDGET BOLT INC Feb 15, 2018 $516.47 670559 23090 BURTONS FIRE INC Feb 15, 2018 $218.87 670560 29707 BURUD, SCOTT Feb 15, 2018 $1,575.00 670561 17999 C B I A Feb 15, 2018 $360.00 670562 1477 CAL VALLEY EQUIPMENT INC Feb 15, 2018 $600.15 670563 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Feb 15, 2018 $150.66 670564 29189 CCU DEMOLITION Feb 15, 2018 $3,619.00 670565 28994 CENTRAL VALLEY ENVIRONMENTAL Feb 15, 2018 $30,200.00 670566 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 15, 2018 $3,200.00 670567 1888 CHAMPION HARDWARE Feb 15, 2018 $248.76 670568 23786 CHART INDUSTRIES Feb 15, 2018 $992.39 670569 14931 CHEM PRO LABORATORY INC Feb 15, 2018 $300.00 670570 26744 CHICAGO TITLE CO Feb 15, 2018 $500.00 670571 25259 COMMERCIAL CLEANING SYSTEMS INC Feb 15, 2018 $9,010.00 670572 17891 CONTROLLED MOTION SOLUTIONS INC Feb 15, 2018 $586.83 670573 2253 CULLIGAN WATER CONDITIONING Feb 15, 2018 $14.00 670574 25337 DAVES FLEET MAINT & TOWING INC Feb 15, 2018 $35.00 670575 25962 DEFINITI COMP SOLUTIONS Feb 15, 2018 $21.40 670576 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 15, 2018 $571.25 670577 25961 DELANEY MANUFACTURING INC Feb 15, 2018 $10,500.00 670578 11271 DEPARTMENT OF TRANSPORTATION Feb 15, 2018 $24,087.99 670579 2558 DISPENSING TECHNOLOGY CORP Feb 15, 2018 $2,487.88 670580 2752 ELBERT DISTRIBUTING Feb 15, 2018 $357.67 670581 27898 ELECTRICAL SYSTEMS & INST INC Feb 15, 2018 $2,838.08 670582 2811 ENTENMANN ROVIN CO Feb 15, 2018 $147.20 670583 11861 ES ENGINEERING SERVICES INC Feb 15, 2018 $3,471.00 670584 2901 FEDEX Feb 15, 2018 $76.64 670585 2928 FIDLER, KEVIN Feb 15, 2018 $160.00 670586 15252 FIDLER, NICK Feb 15, 2018 $409.44 670587 28511 FIRST ADVANTAGE BACKGROUND Feb 15, 2018 $33.60 670588 19657 FIRST CHOICE SERVICES INC Feb 15, 2018 $281.91 670589 25494 FLEET PRIDE INC Feb 15, 2018 $141.14 670590 24606 FLOOD BAKERSFIELD MINISTRIES Feb 15, 2018 $2,716.98 670591 3028 FLOYDS GENERAL STORE Feb 15, 2018 $249.53 670592 22966 FORENSIC NURSE SPECIALISTS INC Feb 15, 2018 $8,000.00 670593 29715 GARZA, ISAAC Feb 15, 2018 $135.00 670594 29092 GEI CONSULTANTS INC Feb 15, 2018 $1,293.82 670595 17350 GHA TECHNOLOGIES INC Feb 15, 2018 $3,218.48 670596 28898 GODINEZ LAW Feb 15, 2018 $467.80 670597 24247 GREGS PETROLEUM SERVICES INC Feb 15, 2018 $5,044.31 670598 3569 H & S BODY WORKS & TOWING Feb 15, 2018 $35.00 670599 162 HADDAD DODGE Feb 15, 2018 $320.12 670600 13791 HALE, MICHAEL Feb 15, 2018 $160.00 670601 3750 HENRY LEASING & MFG CO Feb 15, 2018 $451.50 670602 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Feb 15, 2018 $465.00 670603 70390 IPC (USA) INC Feb 15, 2018 $17,741.09 670604 4085 JTS CONSTRUCTION INC Feb 15, 2018 $181,122.20 670605 28989 K & I SERVICES INC Feb 15, 2018 $11,622.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 4 0 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670606 19554 K & R TOWING Feb 15, 2018 $35.00 670607 4529 KERN COUNTY PUBLIC WORKS Feb 15, 2018 $162,733.78 670608 4677 KERN REFUSE DISPOSAL, INC Feb 15, 2018 $1,384,781.27 670609 4701 KERN SPRINKLER LANDSCAPING INC Feb 15, 2018 $488.00 670610 4750 KERN VALLEY SUN Feb 15, 2018 $64.60 670611 4277 KME FIRE APPARATUS Feb 15, 2018 $1,040.67 670612 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 15, 2018 $500.56 670613 17737 KNUTSON, CHRIS Feb 15, 2018 $350.00 670614 10417 KOGA INSTITUTE Feb 15, 2018 $15,000.00 670615 14219 L A GRINDING INC Feb 15, 2018 $115.00 670616 5053 LEAGUE OF CALIFORNIA CITIES/SSJD Feb 15, 2018 $63,288.00 670617 10955 LEXISNEXIS Feb 15, 2018 $606.95 670618 1030 LEXISNEXIS MATTHEW BENDER & CO Feb 15, 2018 $1,162.25 670619 12177 LIFESIGNS INC Feb 15, 2018 $170.00 670620 13442 LORMAN EDUCATION SERVICES Feb 15, 2018 $1,876.90 670621 29708 LUCAS, KELLY Feb 15, 2018 $25.00 670622 18492 M & S SECURITY SERVICES Feb 15, 2018 $1,152.00 670623 5328 MCCAIN TRAFFIC SUPPLY Feb 15, 2018 $14,478.75 670624 16016 MCINTOSH & ASSOCIATES Feb 15, 2018 $3,659.00 670625 28951 MCLAUGHLIN WASTE EQUIPMENT INC Feb 15, 2018 $17,654.08 670626 25190 MEMORIAL OCCUPATIONAL MEDICINE Feb 15, 2018 $9,387.79 670627 18520 METROPOLITAN RECYCLING LLC Feb 15, 2018 $13,684.20 670628 19252 MEYER CIVIL ENGINEERING INC Feb 15, 2018 $42,094.85 670629 1316 MICHELIN NORTH AMERICA INC Feb 15, 2018 $7,181.72 670630 19168 MMI SERVICES INC Feb 15, 2018 $945.00 670631 27722 MOORE AND MEANS INVESTIGATION Feb 15, 2018 $2,228.00 670632 885 MSC INDUSTRIAL SUPPLY CO INC Feb 15, 2018 $104.10 670633 29713 NIELSEN, ADAM Feb 15, 2018 $135.00 670634 5923 NORTH KERN WATER STORAGE DIST Feb 15, 2018 $6,503.50 670635 20361 NOSSAMAN LLP Feb 15, 2018 $3,348.61 670636 3910 O'CONNOR PEST CONTROL Feb 15, 2018 $295.00 670637 24279 O'REILILY AUTO PARTS Feb 15, 2018 $4,021.88 670638 20368 OBRIAN MFG Feb 15, 2018 $245.92 670639 10361 OPEN & SHUT ENTERPRISES Feb 15, 2018 $334.50 670640 29342 OSBORNE, THOMAS LANCE Feb 15, 2018 $300.00 670641 14515 OXLEY'S PEST CONTROL INC Feb 15, 2018 $180.00 670642 6122 PACIFIC POWER INC Feb 15, 2018 $36.27 670643 13209 PARKHOUSE TIRE INC Feb 15, 2018 $547.37 670644 6211 PAYNE, MICHAEL Feb 15, 2018 $50.00 670645 28314 PENA, ELVIS Feb 15, 2018 $135.00 670646 11272 PEOPLE FACTS LLC Feb 15, 2018 $21.67 670647 29637 PINNACLE PETROLEUM INC Feb 15, 2018 $46,724.99 670648 29246 PRECISION DISPOSABLE PRODUCTS INC Feb 15, 2018 $2,207.22 670649 785 PURIFYING SYSTEMS INC Feb 15, 2018 $591.19 670650 25313 R & A UPHOLSTERY Feb 15, 2018 $190.00 670651 27368 RAILWORKS TRACK SERVICES INC Feb 15, 2018 $45,647.00 670652 20713 RANDY'S TOWING Feb 15, 2018 $35.00 670653 3249 RAY GASKIN SERVICE INC Feb 15, 2018 $221.30 670654 6682 RAYMONDS TROPHY AND AWARDS Feb 15, 2018 $18.00 670655 28480 READY REFRESH Feb 15, 2018 $464.67 670656 6727 REFRIGERATION SUPPLIES DIST. INC Feb 15, 2018 $597.23 670657 6915 ROUND -UP FEED AND PET SUPPLY Feb 15, 2018 $140.48 670658 6953 S & S WORLDWIDE INC Feb 15, 2018 $119.56 670659 27361 SC FUELS Feb 15, 2018 $927.15 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2®/07/1 CC A GENDACKET PG 41 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670660 21489 SCP DISTRIBUTORS LLC Feb 15, 2018 $1,127.22 670661 22839 SECURITY PAVING CO, INC Feb 15, 2018 $5,429,238.26 670662 11090 SHERWIN WILLIAMS COMPANY Feb 15, 2018 $333.47 670663 26203 SIERRA CONST & EXCAVATION INC Feb 15, 2018 $7,869.81 670664 18005 SLATER PLUMBING & MECHANICAL Feb 15, 2018 $1,503.85 670665 18507 SNAP-ON INDUSTRIAL Feb 15, 2018 $234.16 670666 23989 SNOW, CASEY Feb 15, 2018 $902.98 670667 22473 SOILS ENGINEERING INC Feb 15, 2018 $4,120.00 670668 11907 SPARKLETTS/SIERRA SPRINGS Feb 15, 2018 $184.71 670669 29561 SPECIALTY CONSTRUCTION INC Feb 15, 2018 $411,787.26 670670 28923 STARS AND STRIPES TREE CARE Feb 15, 2018 $12,300.00 670671 7693 STOCKDALE TILE INC Feb 15, 2018 $120.54 670672 7719 SUBURBAN PROPANE Feb 15, 2018 $213.00 670673 28496 SUPPLYWORKS Feb 15, 2018 $270.27 670674 29709 TALLEY, KEVIN Feb 15, 2018 $600.00 670675 29053 TATES JANITORIAL SERVICE Feb 15, 2018 $4,261.25 670676 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Feb 15, 2018 $61.49 670677 27973 TEMPEST INTERACTIVE MEDIA LLC Feb 15, 2018 $200.00 670678 25338 TEN EIGHT TOW INC Feb 15, 2018 $70.00 670679 17153 TERMINIX INTERNATIONAL INC Feb 15, 2018 $610.00 670680 27343 THE MISSION AT KERN COUNTY Feb 15, 2018 $23,383.60 670681 7999 THREE-WAY CHEVROLET Feb 15, 2018 $27,579.55 670682 17175 THYSSENKRUPP ELEVATOR INC Feb 15, 2018 $1,296.99 670683 12235 TOO FAT SANDWICHES Feb 15, 2018 $47.14 670684 22218 TOPETE, LUIS Feb 15, 2018 $90.00 670685 96 TYACK TIRES INC Feb 15, 2018 $1,143.41 670686 8319 UNITED PARCEL SERVICE Feb 15, 2018 $35.49 670687 13920 UNITED SITE SERVICES OF CA INC Feb 15, 2018 $52.73 670688 26780 UNIVERSAL BACKGROUND SCREENING INC Feb 15, 2018 $486.52 670689 10174 VALLEY PRINTERS Feb 15, 2018 $7,038.85 670690 1286 VBI PAINTING Feb 15, 2018 $854.94 670691 28645 VCLOUD TECH INC Feb 15, 2018 $32,231.68 670692 29636 VENTURI ENTERPRISES INC Feb 15, 2018 $2,745.00 670693 28919 VERSATERM INC Feb 15, 2018 $273,111.00 670694 8640 VETTER, KENNETH E Feb 15, 2018 $50.00 670695 15482 VULCAN MATERIALS CO Feb 15, 2018 $31,634.38 670696 8400 VWR SCIENTIFIC Feb 15, 2018 $1,354.20 670697 8936 WESTERN EXTERMINATOR COMPANY Feb 15, 2018 $1,800.00 670698 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 15, 2018 $890.09 670699 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 15, 2018 $282.49 670700 30002 MEDICAL EYE SERVICE COMPANY Feb 15, 2018 $5,014.31 670701 26810 RELIASTAR LIFE INSURANCE CO Feb 15, 2018 $3,615.61 670702 30027 U S BANK - PARS #6746022400 Feb 15, 2018 $2,316.28 670703 30029 UNITED CONCORDIA DENTAL PLANS OF CA Feb 15, 2018 $47,393.18 670704 30020 UNUM Feb 15, 2018 $5,045.20 670705 537 AT&T Feb 15, 2018 $15,947.45 670708 78 ADVANCED DISTRIBUTION CO Feb 15, 2018 $5,618.97 670709 12516 AIMS Feb 15, 2018 $94.50 670710 12135 BAKERSFIELD COLLEGE Feb 15, 2018 $59.00 670711 29564 CAL -STRIPE INC Feb 15, 2018 $56,809.24 670715 1696 CALIFORNIA WATER SERVICE Feb 15, 2018 $28,359.59 670716 1941 CHEVRON U S A Feb 15, 2018 $539.48 670717 2296 DFM ASSOCIATES Feb 15, 2018 $160.88 670718 2714 EAST NILES COMMUNITY SERVICES Feb 15, 2018 $218.18 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 42 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670719 2714 EAST NILES COMMUNITY SERVICES Feb 15, 2018 $1,841.46 670720 12004 EMPLOYMENT DEVELOPMENT DEPARTMENT Feb 15, 2018 $30,482.00 670723 3358 GILLIAM & SONS INC Feb 15, 2018 $193,821.98 670726 3450 GRANITE CONSTRUCTION INC Feb 15, 2018 $220,333.10 670728 3488 GREENFIELD COUNTY WATER DIST Feb 15, 2018 $602.42 670729 29705 HERNANDEZ, RICHARD RAND FIDELLA Feb 15, 2018 $5,400.00 670730 29581 HIGH VOLT ELECTRIC Feb 15, 2018 $136,316.92 670731 29245 HJ3 INFRASTRUCTURE GRP INC Feb 15, 2018 $46,050.00 670732 15744 IACP Feb 15, 2018 $150.00 670733 11701 KERN COUNTY D A'S OFFICE Feb 15, 2018 $3,252.00 670734 1360 NRPA ANNUAL CONFERENCE REGISTRATION Feb 15, 2018 $65.00 670735 18230 OILDALE MUTUAL WATER COMPANY Feb 15, 2018 $35.32 670736 14088 PACIFIC GAS & ELECTRIC Feb 15, 2018 $2,500.00 670737 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 15, 2018 $1,664.49 670738 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 15, 2018 $80,785.05 670740 6376 PIONEER PAINT Feb 15, 2018 $4,065.73 670742 27911 PORTERVILLE FORD Feb 15, 2018 $2,307.68 670743 28567 PRESORT CENTER OF FRESNO LLC Feb 15, 2018 $12,000.00 670744 7096 SJVAPCD Feb 15, 2018 $1,627.00 670745 7509 SOCALGAS Feb 15, 2018 $151.23 670746 10623 STATE BOARD OF EQUALIZATION Feb 15, 2018 $3,528.34 670747 7636 STATE WATER RESOURCES CONTROL BOARD Feb 15, 2018 $175.00 670750 10428 UNITED REFRIGERATION INC Feb 15, 2018 $1,335.96 670751 8611 VAUGHN WATER CO., INC. Feb 15, 2018 $6,109.63 670752 23003 WESTEC INC Feb 15, 2018 $105.00 670753 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $215.00 670754 70060 ALPINE CHRISTMAS TREES Feb 16, 2018 $1,000.00 670755 25123 ALVAREZ, JEFFREY Feb 16, 2018 $101.88 670756 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $125.68 670757 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $36.59 670758 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $114.69 670759 29652 BEJARANO, JOHNATHEN Feb 16, 2018 $85.79 670760 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $42.53 670761 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $215.00 670762 22305 CALVILLO, JUAN Feb 16, 2018 $125.00 670763 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $172.22 670764 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $286.85 670765 27297 CHAVERRIA, GUADALUPE Feb 16, 2018 $101.88 670766 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $179.17 670767 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $156.00 670768 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $355.98 670769 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $200.00 670770 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $200.00 670771 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $213.00 670772 70118 FROSTY'S FOREST Feb 16, 2018 $200.00 670773 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $275.00 670774 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $23.38 670775 3403 GOLDEN STATE PETERBILT Feb 16, 2018 $259.96 670776 19182 GOMEZ JR, OSCAR Feb 16, 2018 $101.88 670777 29710 GONZALES, JONATHAN Feb 16, 2018 $125.00 670778 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $218.70 670779 3452 GRAYBAR ELECTRIC COMPANY Feb 16, 2018 $416.67 670780 28290 GUEVARA, MATTHEW Feb 16, 2018 $125.00 670781 24139 GUTIERREZ TIRE & WHEEL INC Feb 16, 2018 $424.50 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 43 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670782 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $137.61 670783 3593 HALL LETTER SHOP Feb 16, 2018 $1,057.43 670784 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $230.90 670785 3660 HARBOR FREIGHT TOOLS Feb 16, 2018 $26.80 670786 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $198.00 670787 70356 INFINITY ENERGY Feb 16, 2018 $327.00 670788 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $85.68 670789 21417 JARA, JUAN Feb 16, 2018 $125.00 670790 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $151.68 670791 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $119.57 670792 4243 JORGENSEN & CO Feb 16, 2018 $58.03 670793 4435 KERN COUNTY CLERKS Feb 16, 2018 $300.00 670794 15335 KERN COUNTY COUNSEL Feb 16, 2018 $745.00 670795 15335 KERN COUNTY COUNSEL Feb 16, 2018 $483.60 670796 7492 KERN MACHINERY INC Feb 16, 2018 $627.61 670797 4680 KERN RIVER POWER EQUIPMENT INC Feb 16, 2018 $57.40 670798 4861 KISCO SALES INC Feb 16, 2018 $220.27 670799 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $116.35 670800 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $352.14 670801 28950 LOFTIS, JUSTIN JAY Feb 16, 2018 $125.00 670802 29711 LOPEZ JR, JOHNNY Feb 16, 2018 $117.96 670803 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $35.00 670804 28310 M-1 LLC Feb 16, 2018 $25,183.32 670805 19104 MANUEL, ROBERT Feb 16, 2018 $125.00 670806 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $170.54 670807 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $200.00 670808 7064 MERCHANTS PRINTING & ENVELOPE Feb 16, 2018 $252.04 670809 21693 MICHEL, ALBERTO Feb 16, 2018 $125.00 670810 23205 MORA, JESUS Feb 16, 2018 $125.00 670811 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $22.38 670812 5688 MOTION INDUSTRIES INC Feb 16, 2018 $469.05 670813 5687 MOTOR CITY SALES & SERVICE Feb 16, 2018 $1,580.29 670814 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $156.00 670815 24279 O"REILLYAUTO PARTS Feb 16, 2018 $233.30 670816 28052 OCHOA, RICARDO Feb 16, 2018 $125.00 670817 26543 ORTIZ, JOSE Feb 16, 2018 $124.67 670818 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $73.12 670819 29655 P &A ADMINISTRATION SERVICES INC Feb 16, 2018 $3,008.88 670820 29655 P &A ADMINISTRATION SERVICES INC Feb 16, 2018 $3,213.63 670821 29655 P &A ADMINISTRATION SERVICES INC Feb 16, 2018 $151.70 670822 24029 PAYLESS TOWING Feb 16, 2018 $35.00 670823 29637 PINNACLE PETROLEUM INC Feb 16, 2018 $25,540.25 670824 26530 R BRUCE WALKER ED D INC Feb 16, 2018 $1,950.00 670825 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $343.00 670826 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $18.26 670827 18005 SLATER PLUMBING & MECHANICAL Feb 16, 2018 $2,352.92 670828 11566 SOIL CONTROL LAB INC Feb 16, 2018 $1,452.00 670829 22473 SOILS ENGINEERING INC Feb 16, 2018 $8,580.00 670830 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $275.00 670831 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $61.66 670832 70400 TESLA INC Feb 16, 2018 $787.00 670833 10037 MISCELLANEOUS TRUST VENDOR Feb 16, 2018 $250.00 670834 70401 TURNER TRANS LIFT INC Feb 16, 2018 $500.00 670835 96 TYACK TIRES INC Feb 16, 2018 $225.82 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670836 29221 UNITED CONCORDIA DENTAL PLANS OF CA Feb 16, 2018 $77.04 670837 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $253.42 670838 26060 VANGUARD CLEANING SYSTEMS INC Feb 16, 2018 $620.00 670839 29636 VENTURI ENTERPRISES INC Feb 16, 2018 $2,160.00 670840 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $40.01 670841 15482 VULCAN MATERIALS CO Feb 16, 2018 $7,132.89 670842 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $59.39 670843 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $25.34 670844 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $394.42 670845 18790 WINSTON WATER SERVICES Feb 16, 2018 $845.00 670846 14027 WOLF, GREG Feb 16, 2018 $114.95 670847 27323 WOOLEY, KENNETH Feb 16, 2018 $125.00 670848 26909 YORK RISK SERVICES GROUP INC Feb 16, 2018 $16,559.65 670849 10047 MISC RECEIVABLE REFUND VENDOR Feb 16, 2018 $294.42 670850 28865 BLUE SHIELD OF CALIFORNIA Feb 16, 2018 $549,451.29 670851 24411 CALIFORNIA BUILDING STANDARDS COMM Feb 16, 2018 $4,351.00 670852 10292 CITY OF BAKERSFIELD Feb 16, 2018 $199.26 670856 3427 GRAINGER INC, W W Feb 16, 2018 $8,928.10 670859 7933 HOME DEPOT Feb 16, 2018 $4,255.87 670860 24241 HUB INTERNATIONAL Feb 16, 2018 $150.74 670861 12857 KAISER PERMANENTE Feb 16, 2018 $34,122.01 670863 4740 KERN TURF SUPPLY Feb 16, 2018 $3,329.79 670865 15624 LOWE'S HOME IMPROVEMENT Feb 16, 2018 $1,906.80 670866 10113 MEDICAL EYE SERVICE COMPANY Feb 16, 2018 $6.90 670867 29221 UNITED CONCORDIA DENTAL PLANS OF CA Feb 16, 2018 $4,989.75 670868 28764 ABM ONSITE SERVICE - WEST INC Feb 22, 2018 $769.59 670869 25208 ACCESS CONTROLS INC Feb 22, 2018 $5,320.00 670870 18046 ACE BUSINESS MACHINES INC Feb 22, 2018 $516.13 670871 15433 ADVANCE MOBILE SECURITY Feb 22, 2018 $1,300.70 670872 25365 AECOM TECHNICAL SERVICES INC Feb 22, 2018 $1,475.00 670873 17100 AEROS ENVIRONMENTAL INC Feb 22, 2018 $435.00 670874 29450 ALL AMERICAN UNIFORMS LLC Feb 22, 2018 $643.50 670875 20182 ALON ASPHALT BAKERSFIELD INC Feb 22, 2018 $2,687.60 670876 23588 ALUMINUM CHUCK WAGON Feb 22, 2018 $9,113.24 670877 292 AMERICAL AWNING SHOPPE & PATIO Feb 22, 2018 $6,740.00 670878 17585 AMERINATIONAL COMMUNITY SERV INC Feb 22, 2018 $1,079.31 670879 1049 APPLIED LNG TECHNOLOGIES LLC Feb 22, 2018 $5,145.88 670880 520 AUTO TINT WEST INC Feb 22, 2018 $255.66 670881 536 AVERY ASSOCIATES Feb 22, 2018 $1,249.69 670882 29280 AWOG SYSTEMS LLC Feb 22, 2018 $2,606.57 670883 652 B A C S CO Feb 22, 2018 $71.52 670884 675 BAKERSFIELD CALIFORNIAN Feb 22, 2018 $309.02 670885 18846 BAKERSFIELD CHRYSLER JEEP MAZDA Feb 22, 2018 $967.00 670886 971 BAKERSFIELD PLUMBING CO INC Feb 22, 2018 $542.15 670887 850 BAKERSFIELD SENIOR CENTER Feb 22, 2018 $10,531.75 670888 875 BAKERSFIELD TRUCK CENTER Feb 22, 2018 $139.62 670889 557 BARO Feb 22, 2018 $78.30 670890 13424 BARNES WELDING SUPPLY Feb 22, 2018 $558.36 670891 14470 BAUER COMPRESSORS INCORPORATED Feb 22, 2018 $112.92 670892 28231 BIG BRAND TIRE & SERVICE Feb 22, 2018 $918.56 670893 1175 BOBS WHOLESALE AUTO GLASS Feb 22, 2018 $610.10 670894 22817 BORN AGAIN BODYWORKS Feb 22, 2018 $1,348.22 670895 1249 BRANDCO Feb 22, 2018 $85.80 670896 1292 BROWN ARMSTRONG Feb 22, 2018 $6,050.00 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC AGENDA PACKET PG 4 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670897 10267 BUDGET BOLT INC Feb 22, 2018 $497.48 670898 12549 C C A S A Feb 22, 2018 $560.00 670899 1477 CAL VALLEY EQUIPMENT INC Feb 22, 2018 $1,403.81 670900 1695 CALIFORNIA WATER SERVICE CO Feb 22, 2018 $598,143.25 670901 1695 CALIFORNIA WATER SERVICE CO Feb 22, 2018 $5,812.00 670902 1724 CALPLY LLC Feb 22, 2018 $1,594.00 670903 27074 CEN -CAL CONSTRUCTION INC Feb 22, 2018 $65,184.03 670904 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 22, 2018 $307.73 670905 1859 CERTIFIED LABORATORIES Feb 22, 2018 $419.03 670906 1888 CHAMPION HARDWARE Feb 22, 2018 $9,035.92 670907 1924 CHESTER AVENUE BRAKE & SUPPLY Feb 22, 2018 $105.66 670908 29127 CLARK, DERRICK Feb 22, 2018 $460.86 670909 29017 CLEAN WRIGHT SERVICE Feb 22, 2018 $248.00 670910 11167 COLES ENVIRONMENTAL Feb 22, 2018 $380.00 670911 29132 CORONA CLAY COMPANY Feb 22, 2018 $5,655.00 670912 27684 COURTHOUSE NEWS SERVICE Feb 22, 2018 $225.00 670913 22578 CRITICAL REACH INC Feb 22, 2018 $825.00 670914 2245 CROCKER JANITORIAL SUPPLY CO Feb 22, 2018 $180.18 670915 2253 CULLIGAN WATER CONDITIONING Feb 22, 2018 $46.25 670916 27218 CUMMINS PACIFIC LLC Feb 22, 2018 $724.99 670917 26876 D 128OX INC OMSTAR ENVIRONMENTAL PR Feb 22, 2018 $1,212.80 670918 25337 DAVES FLEET MAINT & TOWING INC Feb 22, 2018 $70.00 670919 26895 DE LAGE LANDEN INC Feb 22, 2018 $594.32 670920 25742 DISCOUNT RADIATOR CENTER Feb 22, 2018 $1,920.24 670921 21215 EAVES, DR RONALD W Feb 22, 2018 $25.00 670922 20563 EDMONDS, TOM Feb 22, 2018 $25.00 670923 2752 ELBERT DISTRIBUTING Feb 22, 2018 $340.79 670924 27898 ELECTRICAL SYSTEMS & INST INC Feb 22, 2018 $13,859.00 670925 29111 ENVIROTEK CORPORATION Feb 22, 2018 $2,456.61 670926 23720 ERNEST PACKING SOLUTIONS INC Feb 22, 2018 $1,139.94 670927 2901 FEDEX Feb 22, 2018 $6.60 670928 377 FIRETECH INSPECTION SERVICE Feb 22, 2018 $595.00 670929 19657 FIRST CHOICE SERVICES INC Feb 22, 2018 $53.70 670930 25339 FLEET SERVICES TOWING INC Feb 22, 2018 $35.00 670931 3028 FLOYDS GENERAL STORE Feb 22, 2018 $350.27 670932 29018 FRUITVALE AUTOMOTIVE Feb 22, 2018 $450.93 670933 28372 FUENTES, OSCAR Feb 22, 2018 $460.86 670934 3251 GALEYS MARINE SUPPLY Feb 22, 2018 $186.29 670935 28064 GENERAL TREE SERVICE INC Feb 22, 2018 $40,290.00 670936 13174 GEORGE, MIKE Feb 22, 2018 $25.00 670937 24247 GREGS PETROLEUM SERVICES INC Feb 22, 2018 $264.37 670938 162 HADDAD DODGE Feb 22, 2018 $204.67 670939 21505 HANSEN, CURTIS Feb 22, 2018 $58.97 670940 26932 HAYWARD GORDON ULC Feb 22, 2018 $28,743.00 670941 29245 HJ3 INFRASTRUCTURE GRP INC Feb 22, 2018 $46,050.00 670942 29170 INDUSTRIAL HEARING & PULMONARY MGMT Feb 22, 2018 $7,820.00 670943 28834 INTERIOR DEMOLITION, INC Feb 22, 2018 $15,118.11 670944 70390 IPC (USA) INC Feb 22, 2018 $19,129.94 670945 26694 JACOBSEN WEST Feb 22, 2018 $189.07 670946 605 JAMAR TECHNOLOGIES INC Feb 22, 2018 $714.10 670947 19554 K & R TOWING Feb 22, 2018 $70.00 670948 22073 KERN COUNTY PARALEGAL ASSOC Feb 22, 2018 $50.00 670949 4701 KERN SPRINKLER LANDSCAPING INC Feb 22, 2018 $3,534.70 670950 4277 KME FIRE APPARATUS Feb 22, 2018 $284.77 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 4 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 670951 14219 L A GRINDING INC Feb 22, 2018 $45.00 670952 17229 L C ACTION SUPPLY INC Feb 22, 2018 $684.43 670953 23743 LANDSCAPE DEVELOPMENT INC Feb 22, 2018 $875.00 670954 24004 LEWIS TOWING 2 INC Feb 22, 2018 $60.00 670955 5133 LOOP ELECTRIC INC Feb 22, 2018 $1,400.00 670956 19252 MEYER CIVIL ENGINEERING INC Feb 22, 2018 $2,676.50 670957 24077 MICHEL AUTO TECH Feb 22, 2018 $1,647.51 670958 1316 MICHELIN NORTH AMERICA INC Feb 22, 2018 $1,343.63 670959 27634 MID VALLEY PUBLISHING Feb 22, 2018 $288.00 670960 28768 MKN & ASSOCIATES INC Feb 22, 2018 $2,489.14 670961 24309 NAVIGATORS PRINT & DESIGN, INC Feb 22, 2018 $155.51 670962 18506 NICHOLAS CONSTRUCTION INC Feb 22, 2018 $221,974.09 670963 25752 NISHIKAWA PROPERTY MAINTENANCE INC Feb 22, 2018 $9,309.00 670964 24167 NOLTE ASSOCIATES INC Feb 22, 2018 $297,484.39 670965 20705 NOR CAL PIPELINE SERVICES Feb 22, 2018 $1,787.50 670966 20584 NORTHWEST METROLOGY Feb 22, 2018 $560.00 670967 20361 NOSSAMAN LLP Feb 22, 2018 $11,266.00 670968 28687 NV5 INC Feb 22, 2018 $4,400.81 670969 6025 ORR SAFETY Feb 22, 2018 $1,475.76 670970 6448 P T 0 SALES CORP / TRUCKPRO LLC Feb 22, 2018 $347.30 670971 14088 PACIFIC GAS & ELECTRIC Feb 22, 2018 $53.87 670972 25076 PAPE KENWORTH Feb 22, 2018 $1,903.27 670973 6076 PB LOADER MANUFACTURING CO Feb 22, 2018 $207.12 670974 6263 PENSINGER TRAILER RENTALS Feb 22, 2018 $95.00 670975 25424 PET WASTE ELIMINATOR INC Feb 22, 2018 $800.00 670976 27046 PETERSON CORP Feb 22, 2018 $8,805.09 670977 27911 PORTERVILLE FORD Feb 22, 2018 $2,308.62 670978 178 PRAXAIR DISTRIBUTION INC Feb 22, 2018 $36.07 670979 28567 PRESORT CENTER OF FRESNO LLC Feb 22, 2018 $190.21 670980 20229 QUALITY CODE PUBLISHING LLC Feb 22, 2018 $1,710.87 670981 26386 QUINN COMPANY INC - EQ Feb 22, 2018 $567,138.18 670982 3249 RAY GASKIN SERVICE INC Feb 22, 2018 $61.45 670983 6682 RAYMONDS TROPHY AND AWARDS Feb 22, 2018 $102.57 670984 28480 READY REFRESH Feb 22, 2018 $174.05 670985 6915 ROUND -UP FEED AND PET SUPPLY Feb 22, 2018 $359.89 670986 21489 SCP DISTRIBUTORS LLC Feb 22, 2018 $19,056.38 670987 28226 SENTRY CONTROL SYSTEMS Feb 22, 2018 $1,875.00 670988 29702 SHOTSPOTTER INC Feb 22, 2018 $117,500.00 670989 1135 SIMENTAL & CO Feb 22, 2018 $3,183.84 670990 21703 SLAGLE'S MATTRESS FACTORY INC Feb 22, 2018 $278.57 670991 7434 SMART & FINAL IRIS COMPANY Feb 22, 2018 $65.09 670992 18507 SNAP-ON INDUSTRIAL Feb 22, 2018 $831.96 670993 7459 SNIDER'S INC Feb 22, 2018 $42.43 670994 28669 SOFTWARE ONE INC Feb 22, 2018 $11,584.83 670995 25502 SPARTAN TRUCK CO INC Feb 22, 2018 $1,256.50 670996 7586 SPECIALTY TRIM & AWNING INC Feb 22, 2018 $437.58 670997 7719 SUBURBAN PROPANE Feb 22, 2018 $2,243.54 670998 28496 SUPPLYWORKS Feb 22, 2018 $5,549.01 670999 276 TAYLOR EQUIPMENT & REPAIR, INC Feb 22, 2018 $400.00 671000 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Feb 22, 2018 $2,986.91 671001 7816 THOMAS, FRANK Feb 22, 2018 $533.12 671002 8098 TRAFFIC CONTROL SUPERVISORS ASSN Feb 22, 2018 $50.00 671003 20359 TURF STAR INC Feb 22, 2018 $450.71 671004 96 TYACK TIRES INC Feb 22, 2018 $781.38 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC A GENDACKET PG 47 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date Check Amount 671005 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 22, 2018 $1,112.65 671006 8520 VALLEY POWER SYSTEMS, INC Feb 22, 2018 $3.56 671007 26060 VANGUARD CLEANING SYSTEMS INC Feb 22, 2018 $466.75 671008 1286 VBI PAINTING Feb 22, 2018 $3,036.34 671009 28538 VEJVODA, MICHAEL Feb 22, 2018 $470.86 671011 14647 WAXIE SANITARY SUPPLY INC Feb 22, 2018 $2,888.02 671012 26447 WESTCOAST HYDRAULICS Feb 22, 2018 $1,058.37 671013 9234 ZALCO LABORATORIES INC Feb 22, 2018 $195.00 671014 9244 ZEP MANUFACTURING COMPANY Feb 22, 2018 $510.25 671015 28854 3C PAYMENT (USA) CORP Feb 22, 2018 $100.00 671016 6129 AT&T Feb 22, 2018 $209.50 671017 18484 AT&T Feb 22, 2018 $10,013.12 671019 78 ADVANCED DISTRIBUTION CO Feb 22, 2018 $6,440.45 671020 12516 AIMS Feb 22, 2018 $165.00 671021 28630 AVERY, DANIEL Feb 22, 2018 $250.00 671022 10199 BAKERSFIELD CITY EMPLOYEE Feb 22, 2018 $1,288.50 671024 10320 BAKERSFIELD HOMELESS CENTER Feb 22, 2018 $51,569.95 671026 18692 BOUND TREE MEDICAL LLC Feb 22, 2018 $5,564.42 671029 1696 CALIFORNIA WATER SERVICE Feb 22, 2018 $26,607.39 671030 1764 CAPE Feb 22, 2018 $175.00 671031 10914 CITY OF BAKERSFIELD Feb 22, 2018 $2,424.00 671032 11937 CITY OF BAKERSFIELD Feb 22, 2018 $242.93 671033 17023 CITY OF BAKERSFIELD Feb 22, 2018 $1,947.60 671034 2050 CLIFFORD & BROWN Feb 22, 2018 $17,500.00 671035 2469 DEPARTMENT OF JUSTICE Feb 22, 2018 $196.00 671036 29308 GERAGOS & GERAGOS APC CLIENT TRUST Feb 22, 2018 $400,000.00 671037 19493 INTERNATIONAL CODE COUNCIL Feb 22, 2018 $370.00 671038 4494 KERN COUNTY CLERK Feb 22, 2018 $50.00 671039 29156 KUHS & PARKER CLIENT TRUST ACCOUNT Feb 22, 2018 $5,000.00 671040 29718 MANTERA ADVERSTISING AGENCY Feb 22, 2018 $1,620.00 671041 12627 MARDEROSIAN & COHEN Feb 22, 2018 $2,045.25 671042 12627 MARDEROSIAN & COHEN Feb 22, 2018 $80,000.00 671043 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 22, 2018 $52,544.81 671046 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 22, 2018 $119,344.70 671047 29498 POWELL, EUGENE FRYE & TOMEKA Feb 22, 2018 $4,108.24 671048 28567 PRESORT CENTER OF FRESNO LLC Feb 22, 2018 $12,000.00 671049 7103 SJVAPCD Feb 22, 2018 $2,000.90 671050 17986 SPRINT/NEXTEL COMMUNICATIONS Feb 22, 2018 $610.07 671051 7637 SWRCB - STORM WATER SECTION Feb 22, 2018 $1,500.00 671052 16783 SWRCB ACCOUNTING OFFICE Feb 22, 2018 $11,195.00 671053 8611 VAUGHN WATER CO., INC. Feb 22, 2018 $311.87 671054 20601 VERIZON WIRELESS Feb 22, 2018 $609.02 671055 20601 VERIZON WIRELESS Feb 22, 2018 $248.70 671056 20601 VERIZON WIRELESS Feb 22, 2018 $3,477.68 9994169 10199 BAKERSFIELD CITY EMPLOYEE Feb 9, 2018 $190,146.00 9994170 24821 DEPARTMENT OF THE TREASURY Feb 9, 2018 $1,222.63 9994171 30014 EMPLOYMENT DEVELOPMENT DEPT Feb 9, 2018 $183,924.72 9994172 10217 I C M A RETIREMENT TRUST -303749 Feb 9, 2018 $54,191.43 9994173 30010 IRS Feb 9, 2018 $509,005.77 9994174 16863 NATIONWIDE RETIREMENT SOLUTIONS Feb 9, 2018 $104,225.04 9994175 20699 VANTAGEPOINT TRANSFER AGENTS C/O Feb 9, 2018 $33,328.79 9994176 10206 STATE OF CALIF - PERS Feb 15, 2018 $886,206.11 9994177 11811 WELLS FARGO BANK Feb 15, 2018 $110,570.51 9994178 30028 BLUE SHIELD OF CALIFORNIA Feb 16, 2018 $526,184.81 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 /07/1 CC AGENDA PACKET PG 4 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER FROM 2/9/2018 to 2/22/2018 Check Vendor Number Number Vendor Name Check Date 9994179 30021 KAISER PERMANENTE Feb 16, 2018 9994181 25603 BANK OF AMERICA Feb 22, 2018 9994182 27888 CALIFORNIA BANK & TRUST Feb 22, 2018 9994183 30025 STATE DISBURSEMENT UNIT Feb 22, 2018 9994191 10206 STATE OF CALIF - PERS Feb 22, 2018 9994192 21314 TICOR TITLE COMPANY INC Feb 22, 2018 9994193 11811 WELLS FARGO BANK Feb 22, 2018 PAGE 11 Check Amount $211,524.54 $228,583.18 $10,641.26 $18,390.42 $1,730,718.00 $1,711,105.50 $122,426.23 $20,942,900.15 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2 03107118 CC A GENDACKET PG 4 9 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 2/9/2018 to 2/22/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 14896 4925 KRAZAN & ASSOCIATES INC Feb 9, 2018 $7,000.00 14897 57 ABATE A WEED Feb 15, 2018 $108.59 14898 63 ACE HYDRAULIC SALES & SERVICE Feb 15, 2018 $304.41 14899 29 AFFINITY TRUCK CENTER Feb 15, 2018 $5,199.52 14900 180 AMBER CHEMICAL INC Feb 15, 2018 $2,782.28 14901 27366 AMERICAN MESSAGING Feb 15, 2018 $173.74 14902 8530 AMERIPRIDE UNIFORM SERVICES Feb 15, 2018 $1,433.96 14903 576 B & B SURPLUS Feb 15, 2018 $2,672.67 14904 575 B C LABORATORIES Feb 15, 2018 $4,549.25 14905 611 B S & E COMPANY INC Feb 15, 2018 $830.12 14906 1037 BERCHTOLD EQUIPMENT CO Feb 15, 2018 $298.42 14907 1163 BLUEPRINT SERVICE CO Feb 15, 2018 $882.47 14908 18753 BRIDGEPORT TRUCK MANUFACTURING Feb 15, 2018 $7,047.55 14909 20747 CENTRAL SANITARY SUPPLY INC Feb 15, 2018 $249.24 14910 21220 CLEAN ENERGY INC Feb 15, 2018 $2,385.68 14911 5147 COASTLINE EQUIPMENT Feb 15, 2018 $2,688.59 14912 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 15, 2018 $977.31 14913 13912 DIRECT SAFETY SOLUTIONS INC Feb 15, 2018 $962.24 14914 13088 E J WARD INCORPORATED Feb 15, 2018 $758.79 14915 2757 ELECTRIC MOTOR WORKS INC Feb 15, 2018 $1,054.80 14916 27459 EVOQUA WATER TECHNOLOGIES Feb 15, 2018 $738,384.95 14917 14055 FAST UNDERCAR LLC Feb 15, 2018 $2,541.49 14918 2874 FERGUSON ENTERPRISES INC Feb 15, 2018 $1,147.75 14919 21739 GOLDEN EMPIRE TOWING INC Feb 15, 2018 $1,295.00 14920 3570 HAAKER EQUIPMENT COMPANY Feb 15, 2018 $1,788.10 14921 15694 DIMS TOWING INC Feb 15, 2018 $975.00 14922 24086 MAR -CO EQUIPMENT CORP Feb 15, 2018 $1,045.50 14923 6550 QUAD KNOPF INC Feb 15, 2018 $10,460.82 14924 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 15, 2018 $0.00 14925 6555 QUINN COMPANY INC Feb 15, 2018 $1,964.66 14926 21873 RM INDUSTRIES INC Feb 15, 2018 $2,721.13 14927 12665 SAN JOAQUIN FENCE & SUPPLY Feb 15, 2018 $8,833.90 14928 28661 SERVEXO PROTECTIVE SERVICES Feb 15, 2018 $11,864.62 14929 19584 SMITH & SON TIRE INC Feb 15, 2018 $1,892.11 14930 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 15, 2018 $2,193.23 14931 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 15, 2018 $2,424.62 14932 7670 STEWART ELECTRIC SUPPLY Feb 15, 2018 $1,702.98 14933 7685 STINSON STATIONERS Feb 15, 2018 $2,036.96 14934 7728 SULLY & SON HYDRAULICS INC Feb 15, 2018 $150.30 14935 15868 TEL TEC SECURITY SYSTEM INC Feb 15, 2018 $17,390.56 14936 13646 UNITED ROTARY BRUSH CORP Feb 15, 2018 $3,857.48 14937 9010 WILLIAMS CLEANING SYSTEMS INC Feb 15, 2018 $72.71 14938 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 16, 2018 $120.72 14939 4171 JERRY & KEITHS INC Feb 16, 2018 $2,203.07 14940 1390 JIM BURKE FORD Feb 16, 2018 $2,899.27 14941 4178 JIM BURKE LINCOLN MERCURY Feb 16, 2018 $209.52 14942 4925 KRAZAN & ASSOCIATES INC Feb 16, 2018 $4,000.00 14943 23984 MECHANICAL DRIVES & BELTING INC Feb 16, 2018 $1,415.70 14944 12665 SAN JOAQUIN FENCE & SUPPLY Feb 16, 2018 $633.25 14945 28661 SERVEXO PROTECTIVE SERVICES Feb 16, 2018 $1,072.08 14946 25604 STAY GREEN INC Feb 16, 2018 $2,400.00 14947 63 ACE HYDRAULIC SALES & SERVICE Feb 22, 2018 $290.54 14948 29 AFFINITY TRUCK CENTER Feb 22, 2018 $1,359.95 14949 8530 AMERIPRIDE UNIFORM SERVICES Feb 22, 2018 $5,607.62 S:\Accounting\RobertZ\Admin-Council\2018\COUNCIL-ADMIN\03- MAR 2C�/7/I 8 CC A GENDACKET 2/23/2018 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 2/9/2018 to 2/22/2018 E -Payable Vendor E -Payable Number Number Vendor Name Date E -Payable Amount 14950 576 B & B SURPLUS Feb 22, 2018 $1,861.86 14951 575 B C LABORATORIES Feb 22, 2018 $4,016.00 14952 611 B S & E COMPANY INC Feb 22, 2018 $2,881.68 14953 1163 BLUEPRINT SERVICE CO Feb 22, 2018 $364.09 14954 18753 BRIDGEPORT TRUCK MANUFACTURING Feb 22, 2018 $1,360.55 14955 1558 CALIFORNIA INDUSTRIAL RUBBER Feb 22, 2018 $3,073.35 14956 20747 CENTRAL SANITARY SUPPLY INC Feb 22, 2018 $25.40 14957 21220 CLEAN ENERGY INC Feb 22, 2018 $5,484.50 14958 5147 COASTLINE EQUIPMENT Feb 22, 2018 $340.98 14959 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 22, 2018 $19,149.06 14960 13912 DIRECT SAFETY SOLUTIONS INC Feb 22, 2018 $235.25 14961 27459 EVOQUA WATER TECHNOLOGIES Feb 22, 2018 $40,179.68 14962 14055 FAST UNDERCAR LLC Feb 22, 2018 $2,224.05 14963 2874 FERGUSON ENTERPRISES INC Feb 22, 2018 $2,777.89 14964 4171 JERRY & KEITHS INC Feb 22, 2018 $13,399.77 14965 15694 DIMS TOWING INC Feb 22, 2018 $605.00 14966 2267 L N CURTIS & SONS Feb 22, 2018 $452.49 14967 24086 MAR -CO EQUIPMENT CORP Feb 22, 2018 $842.94 14968 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 22, 2018 $103.94 14969 6555 QUINN COMPANY INC Feb 22, 2018 $6,658.20 14970 19584 SMITH & SON TIRE INC Feb 22, 2018 $2,623.12 14971 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 22, 2018 $1,394.27 14972 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 22, 2018 $534.71 14973 7685 STINSON STATIONERS Feb 22, 2018 $3,677.81 14974 7728 SULLY & SON HYDRAULICS INC Feb 22, 2018 $2,494.00 14975 15868 TEL TEC SECURITY SYSTEM INC Feb 22, 2018 $25.00 14976 13646 UNITED ROTARY BRUSH CORP Feb 22, 2018 $3,851.83 999,952.64 21,942,852.79 S:\Accounting\Robert Z\Admin - Council\2018\COUNCIL-ADMIN\03 - MAR 2C 03107118 CC A GENDACKET PG 51 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent - Ordinance c. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 2/27/2018 iTiff-11 1.1 SUBJECT: First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres located at the southeast corner of Ashe Road and Taft Highway (SR 119). A resolution adopting a Mitigated Negative Declaration will also be considered. (Zone Change No. 17-0212 - McIntosh & Associates representing Gurmehar Enterprises, Inc./Dr. Matab Singh). 1. Resolution adopting a Mitigated Negative Declaration. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the ordinance. BACKGROUND: PROJECT SUMMARY: The project is a request by McIntosh & Associates, on behalf of Gurmehar Enterprises Inc./Dr. Matab Singh, to amend the City of Bakersfield Zoning Ordinance on 5.68 acres from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial). The applicant has stated that the purpose of the request is to allow future construction and operation of a 61,855 -square -foot commercial development with a gas station and retail space at the southeast corner of Taft Highway (SR 119) and Ashe Road. BACKGROUND: • 9/7/17. General Plan Amendment/Zone Change (GPA/ZC) No. 17-0212 was considered by the Planning Commission at the September 7, 2017 meeting. The project included a request to change the General Plan Land Use designation from LMR (Low Medium Density Residential) to GC (General Commercial) and a Zone Change from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres. Based on the project analysis, City staff recommended denial of the project. After deliberating and giving consideration of facts and testimony presented at the meeting, the Planning Commission voted to deny the project. • 9/13/17. An appeal of the Planning Commission's decision was filed by McIntosh & Associates, on behalf of Gurmehar Enterprises, Inc./Dr. Matab Singh, on September 13, 2017. As part of the appeal, the appellant argued that the project is compatible with the relevant policies of the Metropolitan Bakersfield General Plan. • 2/21/18. The City Council considered GPA/ZC No. 17-0212 at the February 21, 2018 meeting. The Council voted to (1) adopt a resolution upholding the appeal and approving General Plan Amendment and (2) to approve a resolution upholding the appeal concerning the Zone Change (ZC) No. 17-0212. PROJECT DESCRIPTION: The current project includes a request to give first reading of the ordinance for ZC No. 12-0212 to change the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres at the southeast corner of Ashe Road and Taft Highway (SR 119). The neighborhood commercial zoning (C-1) permits a variation of retail establishments and services that conveniently serve the needs of residents in the immediate neighborhood. The proposed gas station and retail space are a permitted uses in the C-1 zone district and is compatible with the existing GC (General Commercial) land use designation. ENVIRONMENTAL REVIEWAND DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), City staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes would reduce impacts to a less - than -significant level. Therefore, a Mitigated Negative Declaration (MND) was prepared and advertised for the project in compliance with the State CEQA Guidelines. City staff recommends adoption of the MND. CONCLUSIONS: • Consistency with General Plan and Zoning Ordinance. The City Council approved the General Plan Amendment changing the Land Use Designation to GC (General Commercial) on the project site. Therefore, the general commercial designation is consistent and compatible with the proposed C-1 (Neighborhood Commercial) zone district. OVERALL RECOMMENDATION: City staff finds that the applicable provisions of CEQA have been complied with, and that the proposed ZC request is compatible and consistent with the General Plan land use designation and surrounding area. A MND was prepared for the project and, with implementation of mitigation measures, the project will have a less -than -significant impact on the environment. Conditions of approval have also been incorporated into the project to ensure the project will be developed in compliance with the applicable regulations. For these reasons, City staff recommends approval of the ZC. ATTACHMENTS: Description Type ReSdUdOlrlAdqpding IWdgated Negadve Dedairadoin Resokltblrl Oir&naince/kppirov'iing Zoine Chainge Ordinance C ECA Einvi'iiroinirneintaDOCUirneint BackU�p IMa teir4� RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND ZONE CHANGE LOCATED AT THE SOUTHEAST CORNER OF TAFT HIGHWAY (SR 119) AND ASHE ROAD. (GPA/ZC NO. 17-0212). WHEREAS, McIntosh and Associates for Gurmehar Enterprises, Inc./Dr. Matab Singh, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LMR (Low Medium Density Residential) to GC (General Commercial) and to change the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres located at the southeast corner of Taft Highway (SR 1 19) and Ashe Road (the "Project"); and WHEREAS, the City Council upheld the appeal for GPARC 17-0212 on February 21, 2018 approving the General Plan Amendment, thus necessitating the adoption of the Mitigated Negative Declaration; and WHEREAS, the Clerk of the City Council set Wednesday, February 7, 2018 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the proposed Mitigated Negative Declaration as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Mitigated Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. ---------000-------- Page 1 of 2 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on , by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Exhibits: A Mitigation Measures B Location Map DL:S:\CPAs\GPA 4th 2017\ 1 7-0212\Res Ord\CC ENV Resolution.docx Page 2 of 2 EXHIBIT A Mitigation Measures from Negative Declaration General Plan Amendment/Zone Change No. 17-0212 Air Quality Impact Mitigation Measures Prior to issuance of grading permits, the project proponent of the project site shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District (SJVAPCD). 2. The project proponent shall continuously comply with all applicable SJVAPCD Regulations; including but not limited to: A. Regulation VII. 1. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. 2. Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. 3. Reduce speed on unpaved roads to less than 15 miles per hour. 4. Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. 5. Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers, or by covering with a tarp or other suitable cover. 6. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. 7. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. 8. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). 9. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. 10. Remove visible track -out from the site at the end of each workday. 11. Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period). The Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) guidance document lists the following measures as approved and recommended for construction activities: 1. Maintain all construction equipment as recommended by manufacturer manuals. 2. Shut down equipment when not in use for extended periods. 3 Construction equipment shall operate no longer than eight (8) cumulative hours per day. 4. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. 5. Curtail use of high -emitting construction equipment during periods of high or excessive ambient pollutant concentrations. 6. All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx emissions. 7. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. 8. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. 9. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. Mitigation Measures GPA/ZC 17-0212 Page 2 10. All construction activities within the project area shall be discontinued during the first stage smog alerts. 11. Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 parts per million (ppm) (1 -hour average). C. The following measures are required to further reduce the potential for long-term emissions from the project. These measures are required as a matter of regulatory compliance: 1. The project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. 2. The project proponent shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD. 3. The project proponent shall comply with the provisions of SJVAPCD Rule 4601 during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. 4. The project proponent shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the project proponent shall not allow the use of: i. Rapid cure cutback asphalt; ii. Medium cure cutback asphalt; iii. Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or iv. Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). 5. The project proponent shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source Review). Greenhouse Gas Mitigation Measures 3. The project shall comply with the requirements of state and/or federal legislation and/or regulation to reduce or eliminate production of Greenhouse Gases. Biological Impact Mitigation Measures 4. Prior to ground disturbance, the project proponent shall have a California Department of Fish & Wildlife (CDFW) approved qualified wildlife biologist ("biologist") survey the location for species covered under the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) incidental take permit for urban development (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus) and comply with the mitigation measures of the permit. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. The project proponent shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Community Development Department and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP urban development incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval, or building permit before the expiration date will be eligible to pay fees under the current MBHCP incidental take permit. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP incidental take permit. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. 03107118 CC A GENDA PA CKET PG 5 Mitigation Measures GPA/ZC 17-0212 Page 3 5. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBIA) of 1918 (16 U.S Code [U.S.C.] 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 Code of Federal Regulations [C.F.R.] 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project - related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. a. To avoid impacts to burrowing owl, prior to ground disturbance, a focused survey shall be submitted to California Department of Fish and Wildlife (CDFW) by the project proponent of a subdivision or site plan review, following the survey methodology developed by the California Burrowing Owl Consortium (CBOC, 1993). A copy of the survey shall also be submitted to the City of Bakersfield, Planning Division. b. If the survey results the presence of burrowing owl nests, prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of the of the project commencing and that the surveys be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected by the project. In addition to direct impacts, such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment. If the project proponent identifies active nests, the CDFW shall be notified and recommended protocols for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. c. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the project footprint, implementation of avoidance measures are warranted. In the event that burrowing owls are found, the project proponent must follow CDFW protocol for mitigation and comply with the provisions of the MBIA. If the project proponent proposes to evict burrowing owls that may be present, the CDFW recommends passive relocation during the non -breeding season. Cultural Impact Mitigation Measures Prior to ground -disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The project proponent of the project site shall submit documentation to the Community Development Department - Planning Division that they have met this requirement prior to commencement of ground -disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Teion Indian Tribe. 03107118 CC A GENDA PA CKET PG 59 Mitigation Measures GPA/ZC 17-0212 Page 4 The project proponent shall provide the Tejon Indian Tribe information on excavation depth of the construction site. 7. The project shall continuously comply with the following throughout the life of the project: a. If cultural resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. The project proponent of the project site shall submit documentation to the Community Development Department Planning Division that they have met this requirement prior to further commencement of ground -disturbance activities and construction. b. If human remains are discovered during grading or construction activities, all work shall cease in the area of the find pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.94, 5097.98 and 5097.99 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Traffic Impact Mitigation Measures: 8. Intersection and roadway segment improvements which were identified in the Traffic Study as necessary to maintain acceptable Levels of Service are listed in Table 6 (shown below). The project's share of the costs for improvements to mitigate their impacts to the transportation facilities included within the Regional Transportation Impact Fee Program (RTIF) shall be paid by the project through its contribution to the fee program. Required future improvements to local facilities not included in the regional fee program shall be paid for by the project proponent based on the pro -rate share of project related traffic identified in the Traffic Study for this project. Both the "local" and "regional" fees will be paid at time of issuance of the various related building permits for the project. Tahle 6- InfersecHnn Imnrnvemenfs/Mifianfinn/Pro-Rata Share Existing Total Year Improvements Commercial 2035 not Project Traffic Future Covered by @ Year 2035 Traffic RTIF Intersection/Mitigation4 + or Project other funding sources PHV PHV 1,2,3% PHV Panama Ln&AsheRd-AM Peak 2020:No improvements required for future 2020 traffic increases 972 0 0.00% 2854 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Mitigation Measures GPA/ZC 17-0212 Page 5 Panama Ln&AsheRd-PM Peak 2020: No improvements required for future 2020 traffic increases 1301 23 0.61% 3765 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements available for future 2035 traffic 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Ashe Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 833 0 0.00% 649 - 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Ashe Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 848 43 2.69% 709 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Mountain Ridge Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 682 0 0.00% 678 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Mountain Ridge Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 421 23 1.44% 420 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Stine Rd- AM Peak 7 2020: No improvements required for future 2020 traffic increases 1559 0 0.00% 2326 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal, Add ST 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Mitigation Measures GPA/ZC 17-0212 Page 6 Berkshire Rd & Stine Rd -PM Peak 7 2020: No improvements required for future 2020 traffic increases 1430 21 0.97% 2165 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Berkshire Rd&Akers Rd-AMPeak 2020: No improvements required for future 2020 traffic increases 1316 0 0.00% 1602 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Akers Rd- PM Peak 5 2020: No improvements required for future 2020 traffic increases 925 12 0.75% 1069 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Wible Rd -AM Peak' 2020: No improvements required for future 2020 traffic increases 1401 0 0.00% 2534 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ST 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Wible Rd- PM Peak 7 2020: No improvements required for future 2020 traffic increases 1931 6 0.18% 3349 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ST 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd & Old River Road- AM Peak 5 2020: No improvements required for future 2020 traffic increases 739 0 0.00% 1265 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd &Old River Road -PM Peak 5 2020: No improvements required for future 2020 traffic increases 400 8 0.50% 720 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic ffA Mitigation Measures GPA/ZC 17-0212 Page 7 McCutchen Rd &Gosford Rd -AM Peak 5-7 2020: No improvements required for future 2020 traffic increases 705 4 0.25% 1317 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, WR & SR 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project McCutchen Rd & Gosford Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 619 25 1.56% 1073 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 without Project McCutchen Rd &Ache Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 1032 8 0.50% 1 149 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 Satisfied @ 2035 without Project McCutchen Rd &Ache Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 887 59 3.69% 1025 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McCutchen Rd & Mountain Ridge Dr -AM Peak 5 2020: No improvements required for future 2020 traffic increases 1020 0 0.00% 992 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 Satisfied @ 2035 without Project McCutchen Rd & Mountain Ridge Dr- PM Peaks 2020: No improvements required for future 2020 traffic increases 720 31 1.94% 741 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to Mitigation Measures GPA/ZC 17-0212 Page 8 addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McCutchen Rd/Hoskina Rd & Stine Rd- AM Peak' 2020: Add WT 2020 + Proj: No mitigation required due to 2126 0 0.00% 3491 - addition of project traffic 2035: Add EL, ET, WL, NT & ST 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd/Hoskina Rd & Stine Rd- PM Peak' 2020: No improvements required for future 2020 traffic increases 1384 32 1.40% 2289 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET, WT & NT 2035 + Proj: No mitigation required due to addition of project traffic Hoskina Rd &Akers Rd -AM Peak? 2020: No improvements required for future 2020 traffic increases 1288 0 0.00% 3705 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, ET, WT, NT & ST 2035 + Proj: No mitigation required due to addition of project traffic Hoskina Rd&AkersRd-PM Peak 2020: No improvements required for future 2020 traffic increases 894 18 0.72% 2497 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Hoskina Rd & Wible Rd -AM Peak? 2020: No improvements required for future 2020 traffic increases 1638 0 0.00% 3426 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, ER, WL, NL, NT, SL & ST 2035 + Proj: No mitigation required due to addition of project traffic Hoskina Rd & Wible Rd -PM Peak 7 2020: No improvements required for future 2020 traffic increases 1636 9 0.28% 3262 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, ER, WL, NL, NT, SL & ST 2035 + Proj: No mitigation required due to addition of project traffic McKee Rd & Ashe Rd - AM Peak 5 2020: No improvements required for future 2020 traffic increases 477 15 0.94% 444 - 2020 + proj: No improvements due to addition of project traffic 2035: No improvements required for future 2035 traffic increases Mitigation Measures GPA/ZC 17-0212 Page 9 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McKee Rd &Ache Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 608 91 5.69% 678 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic .. Warrants Satisfied: None Satisfied @ 2035 with Project McKee Rd &Mountain Ridge Dr -AM Peaks 2020: No improvements required for future 2020 traffic increases 595 8 0.50% 375 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ Existing/2035 with Project McKee Rd &Mountain Ridge Dr -PM Peaks 2020: No improvements required for future 2020 traffic increases 479 60 3.75% 362 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ Existing/2035 with Project McKee Rd &Stine Rd- AM Peak 7 2020: No improvements required for future 2020 traffic increases 1337 6 0.34% 1755 - 2020 + Proj: No mitigation required due to addition project traffic 2035: Provide Signal, Add NT, NR, SL, ST & SR 2035 + Proj: No mitigation required due to addition project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project McKee Rd & Stine Rd -PM Peaks 2020: No improvements required for future 2020 900 51 3.19% 1218 - traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 3 Satisfied @ 2035 without Project Mitigation Measures GPA/ZC 17-0212 Page 10 McKee Rd & Akers Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 962 0 0.00% 1253 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project McKee Rd &Akers Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 309 21 1.31% 453 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McKee Rd & Wible Rd -AM Peak 7 2020: No improvements required for future 2020 traffic increases 1252 0 0.00% 1690 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal, Add NT, NR & ST 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project McKee Rd & Wible Rd- PM Peak 5 - 7 2020: No improvements required for future 2020 traffic increases 1063 10 0.63% 1449 - 2020 + Proj: No mitigation required due to additionof project traffic 2035: Provide Signal 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft Hwy (SRI 19) & Old River Rd (North Leal -AM Peaks 2020: No improvements required for future 2020 692 0 0.00% 1 169 - traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft HWy(SR1 19) Old River Rd (North Lea)- PM Peak? 2020: No improvements required for future 2020 traffic increases 984 7 1.03% 1665 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Improvements required at the South Leg of this intersection requiring realignment to create a single, signalized intersection Mitigation Measures GPA/ZC 17-0212 Page 11 Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft Hwy_(SR1 19) & Old River Rd(South Leg)AM Peak 5 - 2020: No improvements required for future 2020 traffic increases 768 0 0.00% 1325 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft HWy(SR119)& Old River Rd (South Leg)PM Peak? 2020: No improvements required for future 2020 traffic increases 1054 9 1.20% 1806 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Improvements required at the South Leg of this intersection requiring realignment to create a single, signalized intersection Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft Hwy (SRI 19) & Old River Rd ( Realigned/ Combined) -PM Peak' 2020: N/A 1103 9 1.13% 1902 - 2020 + Proj: N/A 2035: Realign North & South Approaches, Provide Signal 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft Hwy (SR 1 19) & Gosford Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 817 7 0.89% 1 195 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SRI 19) & Gosford Rd- PM Peak 7 2020: Add ET & WT 2020 + Proj: No mitigation required due to addition 1 172 39 6.69% 1755 of project traffic 2035: Add EL & ST 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SRI 19) & Ashe Rd- AM Peak 5-7 2020: No improvements required for future 2020 traffic increases 836 58 7.59% 1275 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET, WT, NL & SL 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SR 1 19) & Ashe Rd -PM Peak? 2020: Add ET & WT 2020 + Proj: No mitigation required due to 1083 293 34.96% 1921 - addition of project traffic 2035: Add NL & SL Mitigation Measures GPA/ZC 17-0212 Page 12 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy_(SR 1 19) & Mountain Ridge Dr- AM Peak 5 2020: No improvements required for future 2020 traffic increases 788 23 2.83% 1273 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft HWy(SR119)& Mountain Ridge Dr -PM Peak 2020: No improvements required for future 2020 traffic increases 1000 121 16.31% 1742 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Taft HWy(SR1 19) & Stine Rd- AM Peak 5 2020: No improvements required for future 2020 traffic increases 930 8 1.19% 1491 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SRI 19)&Stine Rd -PM Peak 2020: No improvements required for future 2020 traffic increases 1 132 46 6.78% 1810 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SRI 19)&Akers Rd -AM Peak 2020: No improvements required for future 2020 traffic increases 863 3 0.24% 2109 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied; 1 & 3 Satisfied @ 2035 without Project Taft Hwy (SR 1 19) & Akers Rd -PM Peak 2020: No improvements required for future 2020 traffic increases 1042 16 0.98% 2675 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to Mitigation Measures GPA/ZC 17-0212 Page 13 addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Taft Hwy_(SR1 19)& Wible Rd- AM Peak 7 2020: No improvements required for future 2020 traffic increases 972 0 0.00% 1908 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET & WT 2035 + Proj: No mitigation required due to addition project traffic Taft Hwy_(SR1 19)& Wible Rd -PM Peak 7 2020: No improvements required for future 2020 traffic increases 1301 10 0.77% 2600 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET & WT 2035 + Proj: No mitigation required due to addition of project traffic Houghton Rd & Ashe- AM Peaks 020: No improvements required for future 2020 traffic increases 215 8 0.50% 263 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Houghton Rd & Ashe - PM Peaks 020: No improvements required for future 2020 traffic increases 261 39 2.44% 353 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Notes: PHV = Peak Hour Volume NL = Northbound Left Lane, NT = Northbound Through Lane, NR = Northbound Right Lane EL = Eastbound Left Lane, ET = Eastbound Through Lane, ER = Eastbound Right Lane SL = Southbound Left Lane, ST = Southbound Through Lane, SR = Southbound Right Lane WL = Westbound Left Lane, WT = Westbound Through Lane, WR = Westbound Right Lane LOS = Level of Service, Byd Std. = Beyond City of Bakersfield Standard Detail T-4 RTIF = Regional Transportation Impact Fee, s/v = seconds per vehicle in delay 1 Percentages Based on Cal -Trans Formula: Project Volume/(Future Volume -Existing Volume) 2 For all non -Caltrans Facilities, Percentages Based on COB Formula: Project Volume/(Future Volume) 3 Project percentage of future traffic is shown in this column regardless of mitigation requirements. Mitigation Measures GPA/ZC 17-0212 Page 14 4 Additional lanes required as shown are with reference to existing lanes at time of study survey. Since laneage configurations may have changed since time of survey, intersection analysis printouts contained in the appendix should be referred to for actual total laneage configurations required for mitigation. 5 Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this intersection (1280vph for 1 lane by 1 lane Approaches, 1440vph for 2 lane by 1 lane Approaches, and 1600vph for 2 lane by 2 lane Approaches). 6 Project created intersection. Developer shall be responsible for all improvement costs related to this intersection. 7 Improvements to this intersection are included in the Phase IV Metropolitan Bakersfield Regional Transportation Impact Fee Program and therefore paid for by project's contribution to that fee program. DL:S:\CPAs\GPA 4th 2017\17-0212\EXHIBIT A mitigation measures.docx 210 3NOAlOH cr 08 NIV1Nf10W ANOd (xa w z = J Q z J fY] LWi. m J J z of o ONOd x HS w a Q U W OJ W 0 NO WVH32HVM AVM OSdAIVO J W 210 S1H013H W121Ol1d w J �1S301Sd21f1S J NI lViSV0O o ¢ 1S 13SN01 o Q� w x <Nl VSVNIW Q x z a' 0 0 J z J Nl A1Nf108 a J AVM 108VO J pHILBIN Y S VW136 210 13313113M � J J � J W 0 � J Q J LL � UJ 0-1 (ten a_ U) N N O � J w `L a o C) Q Y N a 0° LL O O E AQA Ddu1 o' c c c d •- c o c m o v v= = c a a m d o c cn N WJ�aca� y-= N J mm���m� _� �EE`m�f6m UOW aim �E �E� oo'�mEa z�N O Lr) WE W LLJm ♦� o v .�_-. c e m 3 >, m .� c a m o E E E CO) m m m m m m c=i = _ a� a� N E u� a=_> m m 9 m o c a E m N U U o o Q LL N z J z E a9 m c== u c c° o v o c j vl 3� vl � cvpo 3 m m6 c) C) c9uaF�uQi m aQi E o Ecwt c� E W i NO _ N = m N 3 A V V 9 O= N L N L U U X_ U> U V C yY ❑ N o N o N N N 2 E�>> O N J O ❑. o N .� .� V d' IU W 'O fn d' N �- V O T S (� d (n N K N t0 N d' S S C� O 5 > d d O d' >N 1IJ J (n S d U U VI A A VI A VI Q= ON W W ON In O Ir of Ir E�U IL' W fn . U U () F19 (� (� (� J J S S 5 (D 20 2 J U) S a m m m 0 0 0 ff 210 3NOAlOH cr 08 NIV1Nf10W ANOd (xa w z = J Q z J fY] LWi. m J J z of o ONOd x HS w a Q U W OJ W 0 NO WVH32HVM AVM OSdAIVO J W 210 S1H013H W121Ol1d w J �1S301Sd21f1S J NI lViSV0O o ¢ 1S 13SN01 o Q� w x <Nl VSVNIW Q x z a' 0 0 J z J Nl A1Nf108 a J AVM 108VO J pHILBIN Y S VW136 210 13313113M � J J � J W 0 � J Q J LL � UJ 0-1 (ten a_ U) N N O � J w `L a o r Y U N a 0° LL O AQA U U` U- U C7 ,kljo .............. 1 .« �.�..�. "•11WI1�k11� �..�..�..� 10 lON3d J "* 1 U C7 ,kljo .............. 1 .« �.�..�. "•11WI1�k11� �..�..�..� 10 lON3d ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHEAST CORNER OF ASHE ROAD AND TAFT HIGHWAY (SR 119). (GPA/ZC NO. 17-0212. WHEREAS, McIntosh & Associates on behalf of Gurmehar Enterprises Inc./Dr. Matab Singh, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres located at the southeast corner of Ashe Road and Taft Highway (SR 1 19) (the "Project"); and WHEREAS, the Planning Commission held a public hearing on September 7, 2017, and approved Resolution No. 28-17, which recommended that the City Council deny the Project; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 28-17 are hereby overturned. 3. The Project is subject to mitigation measures found within the adopted Mitigated Negative Declaration for the Project. 4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. ---------000--------- Page 1 of 2 03107118 CC A GENDA PA CKET PG 7 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Exhibits: A Zone Change Map B Legal Description CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 0: U)E - _LO a . 2c c d> c E c E„ O ♦♦W� V)=_g .. ��� ''°�s�os�a9 �. - -.¢o J �_ - moa o�EN z�� N V Q o c> c c c c g cc_ \— _ c o w o W >, E� E E A r d o— E E o E o« E o— c E c °_ J W r w r N- o g z r r r c N 'E a r- E o= E o£ U E— c g o= 3 _ --¢ E Z w 0 0 0 O o O¢ 0 0 0 6 0 a - o E m c g a o r - a 3 E o — o o a o o� m o > a o_ rn§ — a c E 21 x -- _ _— O O O O C. _ W O a` x U O 2 7 v w w a g 210 3N011OH 08 NIV1NnonmOd U a (='J W n z _ LL > z w r r W m ry LL m O 1 z ONOd Z ry N HS N N N =< ¢ cr x U cr Ury N W W � U=' 270 WVH32iVM AVM OSdAIVO N w 210 S1H013H W1210IId w N } N cm1s3alsjans = T N ry cr LL w Q NI IVISVOO a ¢ 1S 13SN01 ~ o w = w N < NI VSVNIW a x z o cc T z WC U N O ry 0 cr z 1.► w NI A1Nf108 a N � Q AVM 108V0 PNILBIN WAY 1S VWI3S 210133IJII3M w 0 � J Al Q J LL � W Q H 0-1 Cn a_ U) LLJ o U U N o r J N w O LL W r Y U a N 0° LL AQA 0 LU Al .............. O ; 10 ION3d ��'RNr, i ,. x ........... IS (GURMEHAR ENTERPRISES rrr X CALIFORNIA 7itX .. r r xO LEGAL DESCRIPTION PROPOSED (FROM COMMENCING AT ' CORNER :.: SAID SECTION, SAID POINT ALSO BEING flkLINE ri al 1. ROAD x X, HIGHW1. (STATE r 1); THENCE SOUTH 7F 4 ■ ALONG THE CENTERLINE ASHE ROAD, wI 7 i NORTHWEST QUARTER x AND XLOT w X THE WESTERLY LINE OF ID DISTANCE OF 239.51 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND PER GRANT DEED IN FAVOR OF THE STATE OF CALIFORNIA RECORDED FEBRUARY 1, 2007, AS DOCUMENT NO. 0207026002, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALONG THE FOLLOWING # i DEPARTING SAID SAID r AND SAID CENTERLINE, 89-14-24"EAST, ALONG SAID SOUTHERLY A DISTANCE OF 68.48 FEET; THENCE t) NORTH ! EAST, ALONG X ■ SOUTHERLY A DISTANCE OF 117.28 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING4 RADIUS DISTANCETHENCE 3) NORTHEASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAIR. f r a x r ANGLE ,�a: x X :r 4) SOUTH 89-04'33" EAST,ALONG SAID SOUTHER 7 I Al DISTANCE OF 426.13 FEET; THENCE i.) NORTH 89-51-50" EAST, CONTINUING ALONG SAID SOUTHERLY LIRE, A DISTANCE OF 115.99 FEET TO THE EASTERLY LINE OF SAID LOT 8; THENCE II":\PIR,CO,SEC"r' w7 0"7,iia-SIIIM HTF�T\LEGALSS 16-027 011REV.DO JIM 2/7/2017 q EXHIBIT "All ZONE CHANGE (GLI121TEW49. EVM■r t .. 7) DEPARTING FROM SAID EASTERLY LINE, NORTH 89-04-33" WEST, 119.93 FEET; THENCE 0 1 # 1 0 1 0 mmillmol"llml - 0 . w a �lK!pjlwojF.Al 0 10161tall 1111 K a I I1• !p A 11111111111:011,111 Itelow-l-ac-i i; I 2 A 0 ll, CONTAINING 5.68 NET ACRES, MORE OR LESS (EXCLUDING EXISTING STREET RIGHT-OF-WAYS AND PROPOSED LANDSCAPE EASEMENT ALONG TAFT HIGHWAY) P:\PI:ROJL4'CTS16027,00-S�l�AGl�I'TFT)LEGAI.SX16-027Z0111RIZ-dV DOC ,MA 21712017 'BA.K3 �s NEGATIVE DECLARATION U TP CRY "�L� cq IFO wi . bakersf elde ty. us The City of Bakersfield Community Development Department has completed an initial study (attached) of the passible environmental effects of the following -described project and has determined that a Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfieid's CEQA Implementation Procedures. PROJECT ND. (or Title): General Plan Amendment/7one Change No.17-0212 COMMENT PERIOD BEGINS: August 3, 2017 COMMENT PERIOD ENDS: September 1, 2017 MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required): Air Quality Impact Mitigation Measures Prior to issuance of grading permits, the project proponent of the project site shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District (SJVAPCD). 2. The project proponent shall continuously comply with all applicable SJVAPCD Regulations; including but not limited to: A. Regulation VII. 1. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. 2. Water all unpaved haul roads a minimum of three--times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. 3. Reduce speed on unpaved roads to less than 15 miles per hour. 4. Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. 5. Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers, or by covering with a tarp or other suitable cover. 6. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. 7. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. 8. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). 9. Stabilize the surface of storage piles fallowing the addition or removal of materials using water or chemical stabilizer/suppressants. 10. Remove visible track -out from the site at the end of each workday. 11. Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period). DL: S:\GPAs\GPA 4th 2017\17-0212\[S Neg Dec\[S Neg Dec 17-0212_sje.docx Page 9 of 35 B. The Guidance for Assessing and Mitigating Air Quality impacts (GAMAQI) guidance document lists the following measures as approved and recommended for construction activities: 1. Maintain all construction equipment as recommended by manufacturer manuals. 2. Shut down equipment when not in use for extended periods. 3. Construction equipment shall operate no longer than eight (8) cumulative hours per day. 4. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. 5. Curtail use of high-emitfing construction equipment during periods of high or excessive ambient pollutant concentrations. 6. All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running Order to substantially reduce NOx emissions. 7. On -Road and Oft -Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. 8. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. 9. Alf construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. 10. All construction activities within the project area shall be discontinued during the first stage smog alerts. 11. Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 parts per million ( ppm) (] - hour average). C. The following measures are required to further reduce the potential for long-term emissions from the project. These measures are required as a matter of regulatory compliance: 1. The project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. 2. The project proponent shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD, 3. The project proponent shall comply with the provisions of SJVAPCD Rule 4601 during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. 4. The project proponent shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the project proponent shall not allow the use of: i. Rapid cure cutback asphalt; ii. Medium cure cutback asphalt; iii. Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or iv. Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). 5. The project proponent shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source Review) . Greenhouse Gas Mitigation Measures 3. The project shall comply with the requirements of state and/or federal legislation and/or regulation to reduce or eliminate production of Greenhouse Gases. Biological Impact Mitigation Measures 4. Prior to ground disturbance, the project proponent shall have a California Department of Fish & Wildlife (CDFW) approved qualified wildlife biologist ("biologist") survey the location for species covered under the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) incidental take permit for urban development (Tipfon kangaroo raft, San Joaquin kit fox, San Joaquin antelope squirrel, and Bakersfield cactus) and comply with the mitigation measures of the permit. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. The project proponent shall be subject to additional mitigation measures recommended by the quafffied biologist. A copy of the Di.: S:\GPAs\GPA 4th 2017\17-0212\ES Neg Dec\IS Neg Dec 17-0212_sje.docx Page.2 of 35 survey shall be provided to the Community Development Department and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP urban development incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval, or building permit before the expiration date will be eligible to pay fees under the current MBHCP incidental take permit. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP incidental take permit. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. 5. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S Code [U.S.C.] 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 Code of Federal Regulaf ions [C.F.R.] 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project -related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or foss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. a. To avoid impacts to burrowing owl, prior to ground disturbance, a focused survey shall be submitted to California Department of Fish and Wildlife (CDFW) by the project proponent of a subdivision or site plan review, following the survey methodology developed by the Califomia Burrowing Owl Consortium (CBOC, 1993). A copy of the survey shall also be submitted to the City of Bakersfield, Planning Division. b. if the survey results the presence of burrowing owl nests, prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of the of the project commencing and that the surveys be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected by the project. In addition to direct impacts, such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment. If the project proponent identifies active nests, the CDFW shall be notified and recommended protocols for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. c. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the project footprint, implementation of avoidance measures are warranted. In the event that burrowing owls are found, the project proponent must follow CDFW protocol for mitigation and comply with the provisions of the MBTA. If the project proponent proposes to evict burrowing owls that may be present, the CDFW recommends passive relocation during the non -breeding season. Cultural Impact Mitigation Measures 6. Prior to ground -disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources i.e. archaeological sites, artifacts, features, burials, human remains, etc, that may be DL: S:\GPAs\GPA 4th 2017\ 17-0212\IS Neg DecVS Neg Dec 17-0212_sie.docx Page 3 of 35 03107118 CC A GENDA PA CKET PG 7 1 encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The project proponent of the project site shall submit documentation to the Community Development Department - Planning Division that they have met this requirement prior to commencement of ground -disturbance activities. This documentation should include information on the date(s) of training activifies, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Tejon Indian Tribe. The project proponent shall provide the Tejon Indian Tribe information on excavation depth of the construction site. The project shall continuously comply with the following throughout the life of the project: a. If cultural resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. The project proponent of the project site shalt submit documentation to fhe Community Development Department Planning Division that they have met this requirement prior to further commencement of ground -disturbance activities and construction. b. If human remains are discovered during grading or construction activities, all work shall cease in the area of the find pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the. site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.94, 5097.98 and 5097.99 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Dative American community shall be notified immediately, Traffic fmpact Mitigation Measures: 8. Intersection and roadway segment improvements which were identified in the Traffic Sfudy as necessary to maintain acceptable Levels of Service are listed in Table 6 (shown below). The project's share of the costs for improvements to mitigate their impacts to the transportation facilities included within the Regional Transportation Impact Fee Program (RTIF) shall be paid by the project through its contribution to the fee program. Required future improvements to local facilities not included in the regional fee program shall be paid for by the project proponent based on the pro -rate share of project related traffic identified in the Traffic Study for this project. Both the "local" and "regional" fees will be paid at time of issuance of the various related building permits for the project. Table 6: Intersection Imorovements/Mitiaafion /Pro -Rota Share DL: 5:\GPAs\GPA 4th 2017\17-0212\IS Neg DecVS Neg Dec 17-0212sje.docx Page .4 of 35 Existing Total Year Improvements Commercial 2035 not Project Traffic Future Covered by @ Year 2035 Traffic RTIF Intersection/Mitigation4 + or Project other funding sources PHV PHV 1,2,3% PHV Panama Ln&AsheRd-AM Peak 2020:No improvements required for future 2020 traffic increases 972 0 0,00% 2854 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project froffic DL: 5:\GPAs\GPA 4th 2017\17-0212\IS Neg DecVS Neg Dec 17-0212sje.docx Page .4 of 35 Panama Ln&AsheRd-PM Peak 2020: No improvements required for future 2020 traffic increases 1301 23 0.61% 3765 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements available for future 2035 traffic 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Ashe Rd -AM Peak s 2020: No improvements required for future 2020 traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 833 0 0.00% 649 - 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Ashe Rd -PM Peak 5 2020. No improvements required for future 2020 traffic increases 848 43. 2.69% 709 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Mountain Ridge Rd -AM Peak 5 682 0 0.00% 678 - 2020: No improvements required for future 2020 traffic increases 2020 + Proj: No mitigation required due to addition of project fraffic 2035: No improvements required forfuture 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Berkshire Rd & Mountain Ridge Rd -PM Peak s 2020: No improvements required for future 2020 traffic increases 421 23 1.44% 420 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project BQrkshire Rd & Stine Rd- AM Peak' 2020: No improvements required for future 2024 traffic increases 1559 0 0.00% 2326 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal, Add ST 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project DL: 5:\GPAs\GPA 4th 2017\ 17-0212\15 Ned Dec\l5 Neg Dec 17-0212_sje.docx Page 5 of 35 Berkshire & Stine Rd -PM Peak 7 2020: No improvements required for future 2020 traffic increases 1430 21 0.97% 2165 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Berkshire Rd&Akers Rd-AMPeak 2020: No improvements required for future 2020 traffic increases 1316 0 0.00% 1602 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Akers Rd- PM Peak s 2020: No improvements required for future 2020 traffic increases 925 12 0.75% 1069 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & Wible Rd -AM Peak' 2020: No improvements required for future 2020 traffic increases 1401 0 0.00% 2534 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add S7 2035 + Proj: No mitigation required due to addition of project traffic Berkshire Rd & WR40—Rd- PM_ Perak 7 2020: No improvements required for future 2020 traffic increases 1931 6 0.18% 3349 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add 5T 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd &Did River Road- AM Peak $ 2020: No improvements required for future 2020 traffic increases 739 0 0.00% 1265 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd &Did River Road -PM Peak 5 2020: No improvements required for future 2020 traffic increases 400 8 0.50% 720 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic DL: S:\GPAs\GPA 4th 2017\ 1 7-0212\IS Neg Dec\IS Neg Dec 17-0212_sje.docx Page 6 of 35 M utchen Rd &Gosford Rd -AM Peak 5.7 2020: No improvements required for future 2020 traffic increases 705 4 0.25% 1317 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, WR & SR 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied. 1 & 3 Satisfied @ 2035 without Project M Cutchen Rd & Gosfor Rd-PMPeak $ 2020: No improvements required for future 2020 traffic increases 619 25 1.56% 1073 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addifion of project traffic Warrants Satisfied: None Satisfied @ 2035 without Project McCutchen Rd &Ashe Rd -AM Peak 5 2020: Na improvements required for future 2020 traffic increases 1032 8 0.50% 1149 - 2020 + Proj: Na mitigation required due fa addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: Na mitigation required due to addition of project traffic Warrants Satisfied: 1 Satisfied @ 2035 without Project Msc-Cutchen Rd &Ashe Rd -PM Peak 5 2020: No improvements required for future 2020 traffic increases 887 59 3.69% 1025 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McCutchen,Rd Rd Dr -AM Peak $ 2020: No improvements required for future 2020 traffic increases 1020 0 0.00% 992 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 Satisfied @ 2035 without Project McCutch n Rd & Mountain Rldc e br- PM Peak$ 2020: No improvements required for future 2020 traffic increases 720 31 1.94% 741 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Proiect QL: S:\GPAs\GPA 4th 2017\ 1 7-0212\IS Neg Qec\IS Neg Dec 17-0212_sje.docx Page 7 of 35 03107118CC A GENDA PA CKET PG 831 McCutchen Rd/Hocking Rd & 5tine Rd- AM Peak? 2020: Add WT 2020 + Proj: No mitigation required due to 2126 0 0.00% 3491 - addition of project traffic 2035: Add EL, ET, WL, NT & ST 2035 + Proj: No mitigation required due to addition of project traffic McCutchen Rd/Hosking, Rd & Stine Rd- PM Peak? 2020: No improvements required for future 2020 traffic increases 1384 32 1.40% 2289 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET, WT & NT 2035 + Proj: No mitigation required due to addition of project traffic Hosking Rd &Akers Rd-AMR aka 2020: No improvements required for future 2020 traffic increases 1288 0 0.001y. 3705 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, ET, WT, NT & ST 2035 + Proj: No mitigation required due to addition of project traffic 1=lasking Rd&AkersRd-PM Peak 2020: No improvements required for future 2020 traffic increases 894 18 0.727o 2497 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Hoskins R_d_& Wible Rd-AM Peak? 2020: No improvements required for future 2020 traffic increases 1638 0 0.00% 3426 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add EL, ER, WL, NL, NT, SL & ST 2035 + Proj: No mitigation required due to addition of project traffic Hoskbg_Rd & Wibie Rd-PM Peak 7 2020: No improvements required for future 2020 traffic increases 1636 9 0.28% 3262 - 2020 + Proj: Pio mitigation required due to addition of project traffic 2035: Add EL, ER, WL, NL, NT, SL & ST 2035 + Proj: No mitigation required due to addition of project traffic McKee Rd� Ashe Rd - AM Peak 5 2020: No improvements required for future 2020 traffic increases 477 15 0.94% 444 - 2020 + proj: No improvements due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied Q 2035 with Project DL: S:\GPAs\GPA 4th 2017\17-0212\ES Neg Dec\IS Neg Dec 17-0212_sje.docx Page 8 of 35 McKee Rd &Aske Rd-PMP ak 5 2020: No improvements required for future 2020 traffic increases 608 91 5.69% 678 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic .. Warrants Satisfied: None Satisfied @. 2035 with Project McKee Rdl�Mountain Ridge Dr-AM Peaks 2020: No improvements required for future 2020 traffic increases 595 8 0.50% 375 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ Existin 12035 with Project McKee Rd &Mouniain,Rid,ge Dr-PM Peaks 2020: No improvements required for future 2020 traffic increases 479 60 3.75% 362 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 troffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ Existing/2035 with Project McKee Rd &Sline Rd- AMPeak 7 2020: No improvements required for future 2020 traffic increases 1337 6 0.34% 17.55 - 2020 + Proj: No mitigation required due to addition project traffic 2035: Provide Signal, Add NT, NR, SL, ST & SR 2035 + Proj; No mitigation required due to addition project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project McKee Rd_& Stine Rd-PM Peaks 2020: No improvements required for future 2020 traffic increases 900 51 3.19% 1218 - 2020 + Proj: No mitigation required due f addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 3 Satisfied @ 2035 without Project McKee Rd & Akers Rd-AM P ok s 2020: No improvements required for future 2020 traffic increases 962 0 4.007. 1253 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035.+ Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Pra'ect DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\IS Neg Dec 17-0212_sje.docx Page 9 of 35 MaKee_ Rd &Akers Rd-PM Peak 5 2020. No improvements required for future 2020 traffic increases 309 21 1.31% 453 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due f addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project McKee Rd & Wi leRd-AM P k 2020: No improvements required for future 2020 traffic increases 7252 0 0.00% 1690 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Provide Signal, Add NT, NR & ST 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @.2035 without Project McKee Rd & Wil le Rd- PM Peak 5.7 2020: No improvements required for future 2020 traffic increases 1063 10 0.63% 1449 - 2020 + Proj: No mitigation required due to additionof project traffic 2035: Provide Signal 2035 + Proj: No mitigation required due to addition of projecf traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft HM (SR1 191 & Old River Rd North Leal-AM Peak-5 2020: No improvements required for future 2020 692 0 0.005; 1 169 - traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigotion required due to addition of projecf traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft Hwy_jSR 1191 Old River Rd (North Leg)„ PM Peak? 2020: No improvements required for future 2020 traffic increases 984 7 1.03% 1665 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Improvements required at the South Leg of this intersection requiring realignment to create a single, signalized intersection Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Taft H SR 1 19 & Old River B-dfSouth Le AM Peak $ _ 2020: No improvements required for future 2020 traffic increases 768 0 0.00% 1325 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project DL: 3:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\iS Neg Dec 17-0212-sje.docx Page 10 of 35 Taft Hwy (SR 1 19) & Qld River Rd, (Spufh Legj PMPeak7 2020: No improvements required for future 2020 traffic increases 1054 9 1.20% 1806 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Improvements required at the South Leg of this intersection requiring realignment f create a single, signalized intersection Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project Loft H (SRI 19 & Old River Rd f Realigned/ Gomdined)-PM Peak? 2020: NIA 1103 9 1.13% 1902 - 2020 + Proj: NIA 2035: Realign North & South Approaches, Provide Signal 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied (6� 2035 without Project Taft Hwy -(5R i 19) &, Cosford Rd -AM Peak 5 2020: No improvements required for future 2020 traffic increases 817 7 0.89% 1 195 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SRI 19) & Cosford Rd- PM Peak 2020: Add PT & WT 2020 + Proj: No mitigation required due to addition 1 172 39 6.69% 1755 of project traffic 2035: Add EL & ST 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy 19y & Aske Rd- AM Peak 5.7 2020: No improvements required for future 2020 traffic increases 836 58 7.59% 1275 - 2020 + Proj: No mifigation required due to addition of project traffic 2035: Add ET, W T, N L & SL 2035 + Proj: No mitigation required due to addition of PLoject traffic Taft—Hwy (Sit 1191 & Ashe Rd -PM Peak? 2020: Add ET & WT 2020 + Proj: No mitigation required due to 1083 293 34.96% 1921 - addition of project traffic 2035: Add NL & SL 2035 + Proj: No mitigation required due to addition of project traffic T ft H SR 119 & Mountain Rid e Dr- AM Peak 5 2020: No improvements required for future 2020 traffic increases 788 23 2.83% 1273 _ 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: 1 & 3 Satisfied @ 2035 without Project ❑L: S:\GPAs.\GPA 4th 2017\ 1 7-0212\IS Neg. Dec\IS Neg Dec 17-0212_sje.docx Page 11 of 35 Taft Hwy fSR 11911& Mountain Ridge Dr -PM Peak 1000 121 16.31% 1742 - 2320: No improvements required for future 2020 traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Taft Hw SR 1 19 & Stine Rd- AM Peak $ 2020: No improvements required for future 2020 930 8 1.19% 1491 - traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Taft Hwy (SR 1 19 &Stip Rd --PM Peak 2020: No improvements required. for future 2020 traffic increases 1 132 46 6.78% 1810 - 2020 + Proj: No mitigation required due to addition of project traffic 2035; No improvements required for future 2035 traffic increases 2335 + Proj: No mitigation required due to addition of project traffic Taft HM (5,R119)&Akers„Rd-AM Peak 2020: Na improvements required for future 2020 863 3 0,24% 2109 traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2335: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied; 1 & 3 Satistled @ 2035 without Project Taft Hwy_(SR 1 191 & Akers Rd -PM Peak 2020: No improvements required for future 2020 traffic increases 1042 16 0,98% 2675 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Taft Hwy[SR 1 l g) & Widle Rd- AM Peak 7 2020: No improvements required for future 2023 traffic increases 972 0 0.00% 1908 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET & WT 2035 + Proj: No mitigation required due to addition project traffic DL: S:\GPAs\GPA 4th 2017\17-0212\1S Neg Dec\JS Neg Dec 17-0212_sje.docx Page 12 of 35 Taft H SR119 & Wible Rd -PM Peak 7 2020: No improvements required for future 2020 traffic increases 2020 + Proj: No mitigation required due to addition of project traffic 2035: Add ET & WT 2035 + Proj: No mitigation required due to addition of project traffic 1301 10 0.77% 2600 - Haughton Rd & Ashe-,AM Peak$ 020: No improvements required for future 2020 traffic increases 215 8 0.50% 263 - 2020+ Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigafion required due to addition of project traffic Warrants Safisfed: None Satisfied @ 2035 with Project Houghton Rd & Ashe - PM Peaks 020: No improvements required for future 2020 traffic increases 261 39 2.44% 353 - 2020 + Proj: No mitigation required due to addition of project traffic 2035: No improvements required for future 2035 traffic increases 2035 + Proj: No mitigation required due to addition of project traffic Warrants Satisfied: None Satisfied @ 2035 with Project Notes: PHV = Peak Hour Volume NL = Northbound Left Lane, NT = Northbound Through Lane, HR = Northbound Right Lane EL = Eastbound Left Lane, ET = Eastbound Through Lane, ER = Eastbound Right Lane SL = Southbound Left Lane, ST = Southbound Through Lane, SR = Southbound Right Lane WL = Westbound Left Lane, WT = Westbound Through Lane, WR Westbound Right Lane LOS = Level of Service, Byd Std. = Beyond City of Bakersfield Standard Detail T-4 RTIF = Regional Transportation Impact Fee, sjv = seconds per vehicle in delay 1 Percentages Based on Cal -Trans Formula: Project Volume/(Future Volume - Existing Volume) 2 For all non -Caltrans Facilities, Percentages Based on COB Formula: Project Volume ff uture Volume) 3 Project percentage of future traffic is shown in this column regardless of mitigation req ulremenfs. a Additional lanes required as shown are with reference to existing lanes at time of study survey. Since laneage configurations may have changed since time of survey, intersection analysis printouts contained in fhe appendix should be referred to for actual total laneage configurations required for mitigation. 5 Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this intersection (1280vph for 1 lane by 1 lane Approaches, 1440vph for 2 lane by i lane Approaches, and 1600vph for 2 lane by 2 lane Approaches), 6 Project created intersection. Developer shall be responsible for all improvement costs related fo this intersection. 7 Improvements to this intersection are included in the Phase IV Metropolitan Bakersfield Regional Transportation Impact Fee Program and therefore paid for by project's contribution f that fee program, DL: S:\GPAs\GPA 41h 2017\17-0212\15 Neg Dec\]S Neg Dec 17-0212_sje.docx Page 13 of 35 INITIAL STUDY ENVIRONMENTAL ANALYSIS 1. Project (Title & No.): 2. Lead Agency (name and address): 3. Contact Person (name, title, phone): 4. Project location: 5. Applicant (name and address): 6. Existing General Pian Designation: 7. Existing Zoning: General Plan Amendment/Zone Change No. 17-0212 City of Bakersfield, Community Development Department 1715 Chester Avenue Bakersfield, California 93301 Debbie Lewis, Associate Planner fl (661) 326 - 3411 Southeast corner of Taft Highway (SR 119) and Ashe Road McIntosh & Associates 2001 Wheefan Court Bakersfield, CA 93309 LMR (Low Medium Density Residential) R-2 (Limited Multiple f=amily Dwelling) S. Description of Project (describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation.): The project proposes a General Plan Amendment and Zone Change on 5.68 (net) acres located along the southeast corner of Taft Highway and Ashe Road. The request includes: ( i ) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from LMR (Low Medium Density Residential) to GC (General Commercial), or a more restrictive designation, and (2) a change in zone classification from R-2 (Limited Multiple Family Dwelling) to C-1 (Neighborhood Commercial), or a more restrictive district. The overall project includes the development of approximately 61,855 square feet of leasable retail commercial space, with 1 to 2 floors. The project site is within an area that is developing to urban land uses. The project proponent feels this project is suitable at this location and will meet the market demand for neighborhood commercial in the area. A proposed Negative Declaration will also be considered for the project. 9. Environmental setting (briefly describe the existing onsite conditions and surrounding land uses]: The project site has historically been farmed for decades but is currently fallow. The site is located at an elevation of approximately 350 feet above mean seal level and is surrounded by existing residential neighborhoods and undeveloped land to the north, agricultural fields to the south and east, and a small area suburban residential home sites and undeveloped land to the west. The immediate area is planned for urban land uses with approximately eleven tenfative tract approvals along the south side of Taft Highway. There is also a soccer park and undeveloped commercial land at the northwest corner of the Taft Highway and Ashe Road. 10. Other public agencies whose approval is anticipated to be required (e.g., permits, financing approval or participation agreement): City Council - consideration of IS/MND; • City of Bakersfield - site plan review; Regional Water Quality Control Board - construction general permit; DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\1S Neg Dec 17-0212_sie.docx Page 14 of 35 • SJVAPCD - various rules; and • CDFW/USIFWS-coirnpliancewitlhMBHCP. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: As indicated by the checklist on the following pages, the project would result in potentially significant impacts with respect to the environmental factors checked below (impacts reduced to a less than significant level through the incorporation of mitigation are not considered potentially significant.): FI Aesthetics El Biological Resources 11 Greenhouse Gas Emissions El Land Use / Planning Cl Population / Housing �El Transportation / Traffic EI Agricultural Resources El Cultural Resources El Hazards & Hazardous Materials 1:1 Mineral Resources EJ Public Services El Utilities / Service Systems El Mandatory Findings of Significance El Air Quality 1771 Geology / Soils 0 Hydrology / Water Quality El Noise 11 Recreation ENVIRONMENTAL DETERMINATION: On the basis of this initial evaluation - I find that the proposed project could not have a significant effect on the environment, and a negativq declaration willbe prepared. 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A mitigated negative declaration, will be prepared, El I find that the proposed project nM have a significant effect on the environment, and an environmental impact report is required. El I find that the proposed project may have a "'potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect has been (1) adequately analyzed in an earlier document pursuant to applicable legal stainclairds, and (2) addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An environmental Irngact report is required, but it must analyze only the effects that remain to be addressed. El I find that although the proposed project could: have a significant effect on the environment, because all, potentially significant effects have been (1) analyzed adequately in an earlier environmental impact report or negative declaration pursuant to applicable legal standards, and (2) avoided or mitigated pursuant to that earlier environmental impact report or negative declarafloLi, including revisions or mitigation measures that are imposed upon the proposed project,, nothing fort i'er is recloired. Auaust 1, 2017 Sigma fvre Date Debbie Lewis Printed narne DL: S:\GPAs\GPA 4th 2017\ 1 7-0212\IS Neg Dec\15 Neg Dec 17-0212-sje,docx Page 15 of 35 03107118 CC AGENDA PACKET PG 93, EVALUATION OF ENVIRONMENTAL IMPACTS: ]) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis) . 2) All answers must take account of the whole action involved, including off-site. as well as on-site, cumulative as well as project -level, indirect as well as direct, and consfruction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mifigafion measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed, Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. DL: S:\GPAs\GPA 41h 2017\17-0212\15 Neg Dec\IS Nag Dec 17-0212sie.docx Page 16 of 35 Environmental Issue Less Than Significant Potentially Wlfh Less Than Significant Mitigation Significant No Impact fncarp_ oration Impact Impact I. AESTHETICS: Would the project; a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ ■ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcrops, and historic buildings within a state scenic highway? ❑ ❑ ❑ ■ c) Substantially degrade the existing visual character or qualify of the site and its surroundings? ❑ ❑ ■ ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ❑ ❑ ■ ❑ fl. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project; a) Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ ❑ ❑ ■ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ ■ c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code section 12220(g)) or timberland (as defined by Public Resources Code section 4526) or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ❑ ❑ ❑ ■ d) Result in the foss of forestland or conversion of forest land to non -forest? ❑ ❑ ❑ ■ e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non -forest use? ❑ ❑ ❑ ■ III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon fo make the following determinations. Would the project; a) Conflict with or obstruct implemenfation of the applicable air quality plan? ❑ ■ ❑ ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ ❑ ■ ❑ DL: S:\GPAs\GPA 4#h 2017\ 1 7-0212\tS Neg Dec\IS Neg Dec 17-0212-sle.docx Page 17 of 35 Environmental Issue IV. BIQLOGfCAL RESOURCES: Would the project; Less Than Have a substantial adverse effect, either directly or through habitat modifications, on any species identified Significant as a candidate, sensitive, or special status species in Potentially With Less Than California Department of Fish and Wildlife or U.S. Fish and Significant Mitigation Significant No b) Impact Incorporation im act Impact c) Result in a cumulatively considerable net increase of any regional plans, policies, regulations or by the California criteria pollutant for which the project region is non - Service? ❑ ❑ ■ ❑ attainment under an applicable federal or state ambient Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water air quality standard (including releasing emissions which Act (including, but not limited to, marsh, vernal pool, exceed quantifative thresholds for ozone precursors)? ❑ ❑ ■ ❑ d) Expose sensitive receptors to substantial pollutant Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an concentrations? ❑ ❑ ■ ❑ e) Create objectionable odors affecting a substantial ❑ ❑ ❑ ■ e) Conflict with any local policies or ordinances protecting number of people? ❑ ❑ ■ ❑ IV. BIQLOGfCAL RESOURCES: Would the project; a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ■ ❑ ❑ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? ❑ ❑ ■ ❑ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ❑ ❑ ❑ ■ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ❑ ❑ ■ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ❑ ❑ ■ ❑ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservafion Plan, or other approved local, regional, or state habitat conservation pian? ❑ ❑ ■ ❑ V. CULTURAL RESOURCES: Would the project; a) Cause a substantial adverse change in the significance of a historical resource as defined in. § 15064.5? ❑ ■ ❑ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? ❑ ■ ❑ ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ■ ❑ ❑ d) Disturb any human remains, including those interred outside of formai cemeteries? ❑ ■ ❑ ❑ DL: S:\GPAs\GPA 4th 2017\ 1 7-0212\IS Neg Der -V5 Neg Dec 17-0212_sie.docx Page 18 of 35 Environmental Issue Less Than Significant Fotentially With Less Than Significant Mitigation Significant No Impact Incor oratlon Impact Impact A. GEOLOGY AND SOILS: Would the project; a). Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (refer to Division of Mines & Geology Special Publication No.42) ❑ ❑ ■ ❑ ii. Strong seismic ground shaking? 0 13 0 El iii. Seismic -related ground failure, including liquefaction? ❑ ❑ ■ ❑ iv. Landslides? ❑ ❑ 0 ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ■ ❑ c) Be located on a geologic unit or soil that is unstable, or that would became unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ ■ ❑ d) Be located on expansive soil, as defined in the city's most recently adopted Uniform Building Code, creating substantial risks to life or property? ❑ ❑ ■ ❑ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ■ ❑ VII. GREENHOUSE GAS EMISSIONS: Would the project; a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ❑ ■ ❑ ❑ b) Conflict with any applicable pian, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? ❑ ■ ❑ ❑ VIII. HAZARDS AND HAZARDOUS MATERIALS: Would the project; a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ■ ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment? ❑ ❑ IN ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? ❑ ❑ ❑ ■ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ❑ ■ DL; S.\GPAs\GPA 4th 2417\ 17-0212\15 Neg IDec\15 Neg Dec 17-0212_sje.dbcx Page 19 of 35 Environmental issue Less Than Significant Potentially With Less Than Significant Mitigation Significant No impact Incorporation Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ C] ■ f) For a project within fhe vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ ■ gj Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ■ ❑ h) Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? ❑ ❑ ■ ❑ Ix. HYDROLOGY AND WATER QUALITY: Would the project; a) Violate any water qualify standards or waste discharge requirements? ❑ ❑ ❑ ■ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) ? ❑ ❑ ■ ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? ❑ ❑ ■ ❑ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ❑ ❑ ■ ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ❑ ❑ ■ ❑ f) Otherwise, substantially degrade water quality? ❑ ❑ ■ ❑ g} Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ ❑ ■ h) Place within a 100 -year flood hazard area, structures which would impede or redirect flood flows? ❑ ❑ ❑ ■ i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ ❑ ■ ❑ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\1S Neg Dec 17-0212_sje.docx Page 20 of 35 Environmental Issue Less Than Significant Potentially With Less Than Significant Mitigation Significant No impact Incorporation Impact Impact Inundation by seiche, tsunami, or mud flow? XI. MINERAL RESOURCES: Would the project; a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ ■ b) Result in the foss of availability of a locally -important mineral resource recovery site that is delineated in a local general plan, specific pian or other land use plan? ❑ ❑ ❑ ■ X11. NOISE: Would the project result in; ❑ ❑ ❑ ■ X. LAND USE AND PLANNING: Would the project; or noise ordinance, or applicable standards of other agencies? ❑ ❑ i♦ ❑ a� Physically divide an established community? ❑ ❑ ❑ ■ bj Conflict with any applicable land use plan, policy, or in the project vicinity above levels existing without the project? ❑ ❑ ■ ❑ regulation of an agency with jurisdiction over the project noise levels in the project vicinity above levels existing without the project? (including, but not limited to the general plan, specific e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two plan, local coastal program, or zoning ordinance) project expose people residing or working in the project area to excessive noise levels? adopted for the purpose of avoiding or mitigating an f) For a project within the vicinity of a private airstrip, would fhe project expose people residing or working in the environmental effect? ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ cj Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ■ ❑ ❑ XI. MINERAL RESOURCES: Would the project; a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ ■ b) Result in the foss of availability of a locally -important mineral resource recovery site that is delineated in a local general plan, specific pian or other land use plan? ❑ ❑ ❑ ■ X11. NOISE: Would the project result in; a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ❑ ❑ i♦ ❑ bj Exposure of persons to or generation of excessive ground - borne vibration or ground -borne noise levels? ❑ ❑ ■ ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ■ ❑ dj A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ■ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ ■ f) For a project within the vicinity of a private airstrip, would fhe project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ ■ X111. POPULATION AND HOUSING: Would the project; a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes & businesses) or indirectly (e.g., through extension of roads or other infrastructure)? ❑ ❑ ■ ❑ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg oec\JS Neg Dec 17-❑212_sie.docx Page 21 of 35 Environmental Issue XIV. PUBLIC SERVICES: Less Than establishing measures of effectiveness for the a} Would the project result in substantial adverse physical Significant account all modes of transportation including mass transit Potentlaliy With Less Than the circulation system, including but not limited to Significant Mitigation Significant No and bicycle paths, and mass transit? ❑ impact Incorporation_ Impact impact b) Displace substantial numbers of existing housing, standards and travel demand measures, or other necessitating the construction of replacement housing could cause significant environmental impacts, in order to management agency for designated roads or highways? ❑ ■ ❑ ❑ elsewhere? ❑ ❑ ❑ ■ c) Displace substantial numbers of people, necessitating the ❑ ❑ ■ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\[S M1leg Dec 17-0212_sie.docx other performance objectives for any of the public construction of replacement housing elsewhere? ❑ ❑ ❑ ■ XIV. PUBLIC SERVICES: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the a} Would the project result in substantial adverse physical performance of the circulation system, taking into account all modes of transportation including mass transit impacts associated with the provision of new or physically the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian altered governmental facilities, need for new or physically and bicycle paths, and mass transit? ❑ ■ ❑ ❑ b) Conflict with an applicable congestion management altered governmental facilities, the construction of which standards and travel demand measures, or other standards established by the county congestion could cause significant environmental impacts, in order to management agency for designated roads or highways? ❑ ■ ❑ ❑ c) Result in a change in air traffic patterns, including either maintain acceptable service ratios, response times or results in substantial safety risks? ❑ ❑ ❑ ■ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\[S M1leg Dec 17-0212_sie.docx other performance objectives for any of the public services; i. Fire protection? © © ■ ❑ ii. Police protection? iii. Schools? 0 Cl 11 iv. Parks? ❑ ❑ ■ ❑ V. Other public facilities? XV. RECREATION: Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ ❑ ■ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ❑ ■ XVI. TRANSPORTATION/TRAFFIC: Would the project; a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ❑ ■ ❑ ❑ b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ❑ ■ ❑ ❑ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ❑ ❑ ❑ ■ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\[S M1leg Dec 17-0212_sie.docx Page 22 of 35 Environmental Issue f) Conflict with adopted policies, pians, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ❑ ❑ ■ ❑ XVII. TRIBAL CULTURAL RESOURCES: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe; a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1 (k)? ❑ ❑ ■ ❑ b) A resource determined by the lead agency, supported by substantial evidence in the record, fo be significant pursuant to criteria set forth in Public Resources Code Section 2024.1 (c)? ❑ ❑ ■ ❑ XVIII. UTILITIES AND SERVICE SYSTEMS: Would the project; Less Than applicable Regional Water Quality Control Board? ❑ ❑ ■ ❑ Significant wastewater treatment facilities or expansion of existing Potentially with Less Than environmental effects? Significant Mitigation Significant No drainage facilities or expansion of existing facilities, the Impact Incorporation Impact Impact d) Substantially increase hazards due to a design feature ❑ ❑ ■ ❑ d) Have sufficient water supplies available to serve the (e.g., sharp curves or dangerous intersections) or new or expanded entitlements needed? ❑ ❑ ■ ❑ incompatible uses (e.g., farm equipment)? ❑ ❑ ■ ❑ e) Result in inadequate emergency access? demand in addition to the provider's existing commitments? ❑ ❑ 0 ❑ f) Conflict with adopted policies, pians, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ❑ ❑ ■ ❑ XVII. TRIBAL CULTURAL RESOURCES: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe; a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1 (k)? ❑ ❑ ■ ❑ b) A resource determined by the lead agency, supported by substantial evidence in the record, fo be significant pursuant to criteria set forth in Public Resources Code Section 2024.1 (c)? ❑ ❑ ■ ❑ XVIII. UTILITIES AND SERVICE SYSTEMS: Would the project; a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ■ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ■ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ■ ❑ d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ ❑ ■ ❑ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ■ ❑ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ■ ❑ g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ■ ❑ DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\15 Neg Dec 17-0212_sje.docx Page 23 of 35 Environmental Issue EVALUATION OF ENVIRONMENTAL EFFECTS r. AESTHETICS a. The project does not conflict with any applicable vista protection standards, scenic resource protection requirements, or design criteria of federal, state, or local agencies, and is consistent with the City of Bakersfield Zoning and Metropolitan Bakersfield General Plan designations for the project area. The project site is located within an area having slopes from 0 - 9 %. The area is in the path of urban development and is not regarded or designated within the Metropolitan Bakersfield General Plan as visually important or "scenic." There is no scenic vista that wilf be affected by construction of this project. No impact. b. The project site is vacant and does not include the removal of trees, the destruction of rock outcroppings, or degradation of any historic building. The project is not adjacent to a state highway which is designated as "scenic." No impact. c. Surrounding land uses include undeveloped and developed land thaf is designated for single-family, mufti -family, and commercial development. The development of a 51,855 square foot neighborhood commercial complex on the project site would alter the existing landscape. However, it is considered compatible with the surrounding uses. The visual alterations will enhance the existing landscape and it is not considered to degrade the site compared to its existing condition. There are visual impacts with any new development, but this project is typical of the area and no impacts are regarded as potentially significant. fess -than -significant impact. d. This project involves incremental growth of urban development within the City of Bakersfield's jurisdiction. Light from this commercial development will not substantially affect views in this area either at night or daytime and will not produce substantial glare. City of Bakersfield development standards including Title 17 (zoning ordinance), Title 15 (buildings and construction), and California Code of Regulations Title 24 require the project comply with current lighting and signage standards that minimize unwanted light or glare trespass to neighboring properties. Less -than -significant impact. DL; 5AGPAAGPA 4th 2017\ 1 7-02 1 2\15 Neg Dec\15 Neg Dec 17-0212_sje.docx Page 24 of 35 Less Than Significant Potentially With Less Than Stgniflcant Mltigatlon Significant No Im act Incorporation Impact -Imppct XIX. MANDATORY FINDINGS OF SIGNIFICANCE: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population fo drop below self --sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ■ ❑ ❑ b. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ❑ ❑ ■ ❑ c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ■ ❑ EVALUATION OF ENVIRONMENTAL EFFECTS r. AESTHETICS a. The project does not conflict with any applicable vista protection standards, scenic resource protection requirements, or design criteria of federal, state, or local agencies, and is consistent with the City of Bakersfield Zoning and Metropolitan Bakersfield General Plan designations for the project area. The project site is located within an area having slopes from 0 - 9 %. The area is in the path of urban development and is not regarded or designated within the Metropolitan Bakersfield General Plan as visually important or "scenic." There is no scenic vista that wilf be affected by construction of this project. No impact. b. The project site is vacant and does not include the removal of trees, the destruction of rock outcroppings, or degradation of any historic building. The project is not adjacent to a state highway which is designated as "scenic." No impact. c. Surrounding land uses include undeveloped and developed land thaf is designated for single-family, mufti -family, and commercial development. The development of a 51,855 square foot neighborhood commercial complex on the project site would alter the existing landscape. However, it is considered compatible with the surrounding uses. The visual alterations will enhance the existing landscape and it is not considered to degrade the site compared to its existing condition. There are visual impacts with any new development, but this project is typical of the area and no impacts are regarded as potentially significant. fess -than -significant impact. d. This project involves incremental growth of urban development within the City of Bakersfield's jurisdiction. Light from this commercial development will not substantially affect views in this area either at night or daytime and will not produce substantial glare. City of Bakersfield development standards including Title 17 (zoning ordinance), Title 15 (buildings and construction), and California Code of Regulations Title 24 require the project comply with current lighting and signage standards that minimize unwanted light or glare trespass to neighboring properties. Less -than -significant impact. DL; 5AGPAAGPA 4th 2017\ 1 7-02 1 2\15 Neg Dec\15 Neg Dec 17-0212_sje.docx Page 24 of 35 If. AGRICULTURE RESOURCES a. The project is designated as Grazing Land on the Rural Land Mapping Edition, Kern County Important Farmland 2012, sheet 2 of 3, and is currently designated for urban land uses by the Metropolitan Bakersfield General Plan. The project will not result in the conversion of farmlands designated prime, unique or of statewide significance to nonagricultural uses. No impact. b. The project site is not under a Williamson Act contract. The project site has a land use designation of LMR (Low Medium Density Residential) by the Metropolitan Bakersfield General Plan and zoned R-2 (Limited Multiple Family Dwelling) by the City of Bakersfield Zoning Ordinance. The project proponent is requesting approval of a C-1 (Neighborhood Commercial) zone district, which is consistent with the proposed GC (General Commercial) land use designation. Since the project is not under a Williamson Act contract and will not result in the conversion of agricultural land, impacts to agricultural zoning or Williamson Act Land Use Contracts are not anticipated. No impact. c. As discussed above, the project site is currently zoned R-2 (Limited Medium Density Residential). No forestlands exist on the project site. Accordingly, the proposed project would not conflict with existing zoning for or cause the rezoning of forestland, timberland, or timberland zoned Timberland Production. No impact. d. The project sites and surrounding properties do not contain any forestland. No impact. e. The proposed project involves the construction of 61,855 square feef of neighborhood commercial uses an the project site. The proposed project would not result in the conversion of land zoned for agriculture to a non-agricultural use. There are no special attributes of this project site, related to location or nature that will cause or could result in the conversion of farmland to non-agricultural use. This project is in an area designated for urban development by the Metropolitan Bakersfield General Plan. The project itself is typical of the development found in Metropolitan Bakersfield which should not, by its specific nature, result in the conversion of farmland to non-agricultural uses. No impact. AIR QUALITY a. An air quality study (Air Quality Impact Analysis, Insight Environmental Consultants, May 2017), was prepared for the project. According to the study, the project would result in less -than -significant air quality impacts and no specific mitigation measures were required. However, to ensure that the project is in compliance with all applicable San Joaquin Valley Air Pollution Control District (SJVAPCD) rules and regulations, the project proponent is required to implement and comply with a number of measures by regulation (see Mitigation Measures 1 through 3). The SJVAPCD encourages local jurisdictions to design all developments in ways that reduce air pollution from vehicles, which is the largest single category of air pollution in the San Joaquin Valley. The Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) promulgated by the SJVAPCD (Section 6) lists various land uses and design strategies that reduce air quality impacts of new development. Local ordinance and general plan requirements related to landscaping, sidewalks, street improvements, level of traffic service, energy efficient heating and cooling building code requirements, and location of commercial development in proximity to residential development is consistent with these listed strategies. Regulation and policy that will result in the compliance with air quality strategies for new residential and commercial developments include, but are not limited to, Title 24 efficiency standards, Title 20 appliance energy efficiency standards, 2005 building energy efficiency standards, Assembly Bill (AB.) 1493 motor vehicle standards, and compliance with the Metropolitan Bakersfield General Plan Air Quality Conservation Element as well as the SJVAPCD Air Quality Guidelines and Rules. As a result of implementation of project design elements, compliance with local Air Pollution Control District permit requirements, any impacts will remain below a level of significance. Less -than -significant with mitigation incorporated. b. As shown on Table 1, the SJVAPCD has established thresholds of significance for three (4) specific criteria pollutants in regards to the operation of specific projects, as shown below. DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\IS Neg Dec 17-0212_sje.docx Page 25 of 35 Table 1. SJVAPCD Significance Thresholds for Criteria Pollutants Air Pollutant TonslYear Reactive Organic Gas (ROG) 10 Nitrogen Oxides (NOx) 10 Particulates (PMIO) 15 Particulates (PM2.5) 15 The proposed project would be in compliance with the significance thresholds for ROG (10 tons/year), NOx (10 tons/year), PM 10 (15 tons/year), and PM2.5 (15 tons/year) . Additionally, the project proponent is required to comply with the air emissions control measures as described in the GAMAQ/ document to control dust and other emissions during construction. Under SJVAPCD CEQA rules, the implementation of these control measures would help reduce impacts from criteria air pollutants to a less- than- significant level. The project is also not within the distance triggers noted in Table 4, "Screen Levels for Potential Order Sources," found in the GAMAQI document. Dust suppression measures listed as Regulation VIII is required for all construction in the City of Bakersfield, and are regarded by SJVAPCD as sufficient mitigation to reduce PM10 impacts. Less -than -significant impact. c. The project will not increase any criteria pollutant beyond the level of significance as defined by the SJVAPCD. Under GAMAQI guidelines, any proposed project that would have individually significant air qualify impacts would also be considered to have significant cumulative air qualify impacts: Impacts of local pollutants are cumulative significant when the combined emissions from the project and other planned projects will exceed air quality standards, the project's cumulative impacts when considered with existing and future projects are below air quality standards. There are no individual significant adverse air quality related effects. Less -than -significant impact. d. Some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved that expose sensitive receptors to sustained exposure to any pollutants present. The SJVAPCD defines sensitive receptors as locations where there is a risk of continuous human exposure according to the averaging period for the ambient air quality standards (AAQS). Examples of the types of land use that are sensitive receptors include retirement facilities, hospitals, and schools. The most sensitive portions of the population are children, the acutely ill, the chronically ill, and the elderly, especially those with cardiorespiratory diseases. There are six known non-residential sensitive receptors located within 2 miles of the project site. The Air Quality Impact Analysis determined that the project would not exceed the threshold of significance for criteria pollutants. The study also analyzed of the potential visibility, health, and odor impacts associated with the project. Less -than -significant impact. e. The retail commercial land use proposed for this project is not listed in Table 6 of the GAMAQI document as a source which would have the potential to create objectionable odors. Furthermore, there does not appear to be any known significant source of objectionable odor in close proximity that may be impacted by the project operations. As such, the project would not be a source of any odorous compounds nor would it likely be impacted by any odorous source. Less -than --significant impact. IV. BIOLOGICAL RESOURCES A Reconnaissance Level Biological Evaluation (McCormick Biological, Inc., May 2017) was prepared for the project area. According to the study, any impacts to plant and animal species, other than blunt -nosed leopard lizard (BNLL,), would be fully -mitigated by participation in the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). a. The project is subject to the terms of the MBHCP and associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield by the United States Fish and Wildlife Service and California Department of Fish and Wildlife, respectively. The project is also subject to Incidental Take Permit No. 2081-2013-058-04 and associated Mitigation Monitoring and Reporting Program by the United States Fish and Wildlife Service, California Department of Fish and Wildlife, City of Bakersfield, and County of Kern (said documents hereby incorporated by reference)_ Terms of these permits DL: S:\GPAs\GPA 4th 2017\1 7-0212\1S Neg DeC\15 Neg Dec 17-0212_sje.docx Page 26 of 35 require project proponents for all development projects within the plan area to pay habitat mitigation fees and notify agencies prior to grading in areas of species covered under the permit. The current MBHCP expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit, and pay fees prior to the 2019 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval, or building permit before the 2019 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability, of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2019 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U. S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. The vegetative communities found within the project site are not considered sensitive and provide little to no value for special -status wildlife species. The project has been sited to avoid impacts to sensitive wildlife species and habitat types. Therefore, less -than -significant impacts are anticipated to sensitive wildlife species or communities. The project would not interfere with movements of any wildlife species or with established native resident or migratory wildlife corridors. Native resident and/or migratory fish and known native wildlife nursery sites are not present within the project site or area. In compliance with fhe terms of the MBHCP, the project proponent would be required to implement Mitigation Measure 4 and 5, which require performance of surveys prior to ground disturbance and avoidance and passive relocation protocols for burrowing owl, if needed. Compliance with mitigation would ensure that the project does not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species. Less than significant with mitigation incorporated. b. This project is not located within or adjacent to the Kern River riparian habitat area, but is within the MBHCP area. This plan, in agreement with the California Department of Fish and Wildlife and the United States Fish and Wildlife Service, includes ordinance requirements for all development projects in the HCP area. Compliance with the plan mitigates biological impacts. Less -than -significant impact_ c. There are no wetlands adjacent to or near the project site. No impact. d. The project is not within the Kern River flood plain (noted as a wildlife corridor in fhe MBHCP), or along a canal which has been identified by the United States Fish and Wildlife Service as a corridor for native resident wildlife species_ The record does not support a finding that the project area is a nursery site for native wildlife species. No impact. e. The MBHCP has been adopted as policy and is implemented by ordinance. The plan addresses biological impacts within the Metropolitan Bakersfield General Plan area. The development entitled by this proposal will be required to comply with this pian and, therefore, will not be in conflict with either local biological policy or ordinance. Less -than -significant impact. f. There are no other adopted plans which are applicable to this area which relate to biological resources. See answer to IV.e. above. Less-than-significanf impact. V. CULTURAL RESOURCES a. The project site is currently vacant, undeveloped land. However, according to the Phase I Cultural Resource Survey prepared by Hudlow Cultural Resource Associates, October 2005, a dilapidated, vacant farmhouse {identified as M-1} existed on the site in 2005. This cultural resource was not listed in, or deemed eligible by, the State Historical Resources Commission for listing in the California Register of Historical Resources (Public Resources Code Section 5024.1, Title 14 CCR Section 4850 et. seq.). In addition, the study determined that there were no other resources on or near the project site that have been listed in a local register of historical resources as defined in Section 5020.1 (k) of the Public Resources Code and no significant historical resources meeting the requirements of Section 5024.1 (g) of the Public Resources Code. Based on the above, the survey concluded that no further DL: S:\GPAs\GPA 4th 21717\17-0212\IS Neg Dec\IS Neg Dec 17-0212_sie.docx Page 27 of 35 work was required at that time. Current aerial imagery indicates that the site has been regularly cleared with fresh earth disturbance as recent as October 2016. The farmhouse and associated outbuildings referenced in the 2005 Phase I Cultural Resource Survey have been demoflshed and the debris removed from the property. If any archaeological resources be encountered during the course of construction, a qualified archaeologist must be consulted for further evaluation (See Mitigation Measures 6 and 7). Less than significant with mitigation incorporated. b. The California Archaeological Inventory (CAI) at California State University Bakersfield has reviewed the existing literafure for archaeological resources (Record Search 17-300) and noted one recorded cultural resource consisting of the dilapidated farmhouse previously discussed above within the project site. Record Search 17-300 also stated that there are no other recorded cultural resources within the project area. In accordance with Senate Bill (SB) 18, City staff provided written notice to the Native American Heritage Commission of the project on June 5, 2017. Mitigation measures have been incorporated into the project which requires training of personnel in the identification and treatment of cultural resources prior to ground disturbance activities (see Mitigation Measures 6 and 7) to reduce potential impact to cultural resources. Less than significant with mitigation incorporated. c. The project site is not located in northeast Bakersfield, which is known to contain significant paleontological resources. Therefore, the potential is low for significant paleontological resources to be disturbed during on-site construction activities. Pursuant to the mitigation measures (see Mitigation Measures 6 and 7 contained in the Negative Declaration, in the event any undetected (i.e., buried) cultural resources are encountered on the project site, a qualified archaeologist shall be contacted to evaluate the find in conformance with CEQA Section 15064.5.) Less-fhan-significant with mitigation incorporated. d. The proposal is not anticipated to disturb any human remains. However, if human remains are discovered during grading or construction activities, further work shall stop until Section 7050.5 of the California Health and Safety Code is met (see Mitigation Measure 7). If Native American remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native American remains. Less than significant with mitigation incorporated. V(. GEOLOGY AND SOILS mi. Bakersfield and the San Joaquin Valley are within a seismically active area. According to the Metropolitan Bakersfield General Plan, major active fault systems border the southern portion of the San Joaquin Valley. Among these major active fault systems include the San Andreas, Breckenridge - Kern County, Garlock, Pond Poso, and White Wolf faults. There are numerous additional smaller faults suspected to occur within the Bakersfield area which may or may not be active. The active faults have a maximum credible Richter magnitude that ranges from 6.0 (Breckenridge -Kern Canyon) to 8.3 (San Andreas). Potential seismic hazards in the planning area involve strong ground shaking, fault rupture, liquefaction, and landslides. Future structures proposed on the project site are required by state law and City ordinance to be constructed in accordance with the Uniform Building Code (seismic zone 4, which has the most stringent seismic construction requirements in the United States), and to adhere to all modern earthquake construction standards, including those relating to soil characteristics. This will ensure that all seismically- related hazards retrain less than significant. In addition, because of the relatively fiat topography of the project site, landslides are not considered to be a potentially significant geologic hazard. Less -than -significant impact. a.ii. See answer to VI.a.i. Less -than -significant impact. a.fif. Liquefaction potential is a combination of unconsolidated soil type and high groundwater combined with high potential seismic activity. This project site does not demonstrate the three attributes necessary to have a potentially significant impact. See also the answer to VI.a.i. Less -than - significant impact. DL; S.\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\IS Neg Dec 17-0212_sle.docx Page 28 of 35 a.iv. See answer to Vl.a.i. Less -than -significant impact. b. The soil types prevalent on the project site are listed in the Soil Survey of Kern County, California, Southwestern Survey (United States Department of Agriculture, Soil Conservation Service, September 1988). Based on the soil survey, the project site includes soil types; 102, Bakersfield sandy loom, partially drained, 0 to 1 % slopes; 123, Granoso sandy loam, 0 to 2% slopes, and 310, Milagro fine sandy loam, 0 to 1% slopes. Due to the characteristics of the on-site soil type and the relatively flat terrain, implementation of the project will not result in significant erosion, displacement of soils, or soil expansion problems. The project will be subject to City ordinances and standards relative to soils and geology. Standard compliance requirements include detailed site-specific soil analysis prior to issuance of building permits and adherence to applicable building codes in accordance with the Uniform Building Code. Less-fhan-significant impact. c. See answers to Vl.a.i. and VI.a.ii. In addition, the Seismic Hazard Atlas Map of Kern County prepared by the united States Department of the Interior Geological Survey does not indicate that the project area is subject to subsidence, liquefaction, or other unique geological hazard. Less -than -significant impact, d. See answer to VI.b. Less -than -significant impact. e. See answer to VI.b. Less -than -significant impact. V11. GREENHOUSE GAS EMISSIONS a. The proposed project would generate an incremental contribution and, when combined with the cumulative increase of all other sources of greenhouse gases (GHG) could contribute to global climate change impacts. Although the proposed project is expected to emit GHG, the emission of GHG by a single project into the atmosphere is not itself necessarily an adverse environmental effect. Rather, it is the increased accumulation of GHG from more than one project and many sources in the atmosphere that may result in global climate change. The resultant consequences of that climate change can cause adverse environmental effects. A project's GHG emissions typically would be relatively very small in comparison to state or global GHG emissions and, consequently, they would, in isolation, have no significant direct impact on climate change. Therefore, a project's GHG emissions and the resulting significance of potential impacts are more properly assessed on a cumulative basis. The potential impacts from the proposed project's incremental contribution of GHG emissions would not be cumulatively considerable. The project, combined with the cumulative increase of all other sources of GHG, could contribute to GHG emissions. However, given the efforts made to reduce emissions of GHG from the project through design measures and standards as well as at the statewide level through California Air Resources Board (CARE) regulations, SJVAPCD Guidance for Valley Lond-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA, and other statewide regulations adopted pursuant to A1332, the project's contribution to GHG emissions would not be cumulatively considerable. With proposed design measures, state regulation and air quality regulation} implemented, GHG emissions will be reduced by of least 29% per the CARB scoping plan and SJVAPC❑ guidance, in compliance with AB 32, and impacts will remain below a level of significance. The effects of project -specific GHG emissions are cumulative, and unless appropriately reduced or mitigated their incremental contribution to global climatic change could be considered significant. The City of Bakersfield requires all new projects with increased GHG emissions to implement performance based standards, or otherwise demonstrate that project specific GHG emissions have been reduced or mitigated by at least 29% {see Mitigation Measure 3). As demonstrated below in Table 2, the project will achieve a 50% reduction in GHG emissions as compared to the 2005 business as usual f BA U) emissions to comply with AB 32 goals with state regulations for mobile sources already in place. DL: S:\GPAs\GPA 4fh 2017\ 17-0212\IS Neg ❑ec\IS Neg Dec 17-0212_sje.d6cx Page 29 of 35 Table 2. COMIDarison of BAU and Prosect Mitiaated Emissions (Tons/Year] 2005 RAU Project Mitigated I CO2e Emissions 6,489 3,229 Percent Reduction 500 I Project mitigated includes only operational emissions Because the project proponent is implementing the operational measures/BPSS as suggested by the SJVAPCD, the proposed project would have a less than significant individual and cumulative impact on global climate. Implementation of these measures also ensures that the project is in compliance with the Climate Change Action Plan being implemented by the SJVAPCD. Less -than -significant impact with mitigation incorporated. b. See answer to Vll.a. above. Less than significant with mitigation incorporated. VIII. HAZARDS AND HAZARDOUS MATERIALS a. The project is not expected to involve the transportation, use or disposal of hazardous materials as defined by the Hazardous Materials Transportation Uniform Safety Act. The project involves the construction and maintenance of a 61,855 square foot retail commercial development. As such, the project may involve the transportation of potentially hazardous materials typical of this type of construction. These may include, but are not limited to, fuels and greases for the servicing of equipment, the transportation of building materials, solvents, asphalts, paint, adhesives, etc. Although these materials are not considered to be acutely hazardous, they could create a hazardous situation if accidental spillage occurs. Therefore, to ensure public and worker safety, all transport, use, and disposal of hazardous materials used in the construction of the project is subject to applicable local, federal, and state laws and regulations. Compliance with existing safeguards, laws and regulations, and public safety services, it is anticipated that the project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Less -than -significant impact. b. See answer to VIII.a. Less -than -significant impact. c. The closest school site is the Panama Elementary School which is approximately 1 mile from the project site. Based on the distance from the school, surrounding development, and type of project being proposed, the potential to emit hazardous emissions at a level which is potentially significant is low. Less -than -significant impact. d. The project is not located on any site catalogued on the most recent hazardous materials list compiled pursuant to Government Code Section 65962.5. No impact. e. This project is not located within any area subject to the land use restrictions of the adapted 1996 Kern County Airport Land Use Compatibility Plan, which covers all of Kern County. No impact. f. The project is not located within 5,000 feet of the runway of any private airstrip. Therefore, the project would not result in a safety hazard for people residing or working in the project area. The adopted 1996 Kern County Airport Land Use Compatibility Plan uses this 5,000 foot distance as the maximum for land use considerations, No impact. g. The proposed project would not interfere with any local or regional emergency response or evacuation plans because the project would not result in a substantial alteration to the adjacent and area circulation system. The proposed project, typical of urban deveio.pment in Bakersfield, is not inconsistent with the adopted City of Bakersfield Hazardous Materials Area Pian (January 1997). This plan identifies responsibilities and provides coordination of emergency response at the local level in response to a hazardous materials incident. Less -than -significant impact. h. This project is not located adjacent to a wild land area nor is it within the area covered by the Hillside Development zone (HD), which has standards required by the City of Bakersfield Fire Department to address the issue of wild land fires and urban development. No impact. DL: S:\GPAs\GPA 4th 2017\ 17-0212\tS Neg oec\IS Neg Dec 17-0212_sje.docx Page 30 of 35 IX. HYDROLOGY AND WATER QUALITY a. The proposed project will be implemented in accordance with all applicable water quality standards and waste discharge requirements, such as a construction general permit, or any other permits to ensure that the quality and quantity of surface water flowing from the site would not be substantially affected. Less -than -significant impact. b. The proposed development would not result in a need for significant additional systems, substantially alter the existing water utilities in the area, or interfere with the groundwater recharge of the aquifer. Therefore, the impact to groundwater supplies would be considered less than significant. Expansion of all water utilities would be required to serve this development, but the impact is not considered significant. The project is within the City of Bakersfield's water service area. The project proponent contacted the City Water Resources Department regarding wafer service and the City provided a "Verification of Water Service" letter on June 20, 2017 confirming that City water service can be supplied to the site. Less -than --significant impact. c. There are no streams or rivers on the project site. Existing drainage patterns will not be significantly altered, All development within the City of Bakersfield is required by ordinance to comply with an approved drainage plan (for every project) which avoids on --site and off --site flooding, erosion, and siltation problems. Less -than -significant impact. d. See answer to iX.c. Less -than -significant impact. e. See answer to iX.c. Less -than -significant impact. f. See answer IX.a. Less -than -significant impact. g. The project does not propose housing within a 100 -year flood plain as identified by the Flood Insurance Rate Map or any other flood hazard map. No impact. h. The project does not propose any structures within a 100 -year flood hazard area. No impact. The project is within the Lake Isabella dam failure inundation area, but not the 100 -year flood plain for the Kern River as depicted on figure VIII -2 of the Bakersfield Metropolitan General Plan (Safety Element). Chances of loss, injury and/or death are so remote because the worst-case scenario is one event in more than 10,000 years (Bakersfield Heart Hospital FE1R) and therefore, the risk is regarded as insignificant (reference also the Kern County Flood Evacuation Plan for Kern County and Greater Bakersfield Area below lake isabella Dam). Less -than -significant impact. The project site is not located near any significantly sized body of water and therefore, is not susceptible to a seiche or tsunami. The site is not located at the foot of any significant topographical feature with the potential to be subject to a mud flow. No impact. X. LAND USE AND PLANNING a. The project is a continuation of the existing urban development pattern that does not physically divide the Metropolitan Bakersfield General Plan area. No significant impact is noted. Table 3 shows surrounding and existing land uses. TABLE 3. LAND USE/ZONING OF ADJACENT PROPERTIES LOCATION LAND USE DESIGNATION ZONE DISTRICT EXISTING LAND USE State Farm Sports Village 1 NORTH GC / RR 1 LMR C-2/PCD / A I R-2 rural residential homes 1 sin le -f mily homes SOUTH HMR 1 LMR R-2 Undeveloped 1 fallow agricultural DL: S:\GPAs\GPA 4th 2017\17-0212VS Neg Dec\IS Neg Dec 17-0212_5je.docx Page 31 of 35 EAST LMR R-2 Undeveloped WEST HMR R-2 Undeveloped / County rural residential community Land Use Designations: GC{General Commercial: Rig {Rural Residenfial; LMR (Law Medium Density Residential / HMR (High Medium Density Residential); Zone Districts: C-2/PCD (Regional Commercial/ Pianned Commercial Development) ) / A (Agriculture / R-2 f Limited Multi le Family Dwellin b. The project is required to be consistent with the Metropolitan Bakersfield General Plan and the City of Bakersfield Zoning Ordinance. The record does not indicate that there are identified environment conflicts or inconsistencies with said policies or zoning regulations. No impact. c. See answers to IV.a., IV.e., and IV.f. Less than significant with mitigation incorporated. XI. MINERAL RESOURCES a. The project is not located within a California Department of Conservation Division of Oil, Gas, and Geothermal Resources (DOGGR) designated oil field or within an area of other important mineral resources. Accordingly, the proposed project will not result in the loss of availabifity of a known mineral resource, or fhe loss of a locally important mineral resource recovery site. No impact. b. See answer to XI.a. No impact. XII. NOISE a. The proposed project is compatible with existing land uses in the project area and areas immediately adjoining the project parcel. Development of the project will not expose persons or generate noise in excess of those standards found in the Noise Element of the Metropolitan Bakersfield General Plan. The impact is not regarded as significant. Less -than -significant impact. b. The project is typical of urban development. Some noise is anticipated with construction of the site. However, there is no evidence or specific physical indication that this project will create ground borne vibration or noise impacts beyond acceptable levels. In accordance the Metropolitan Bakersfield General Plan Noise Element, commercial developments are compatible with residential areas and generally do not expose persons or generate noise above acceptable levels. Less -than - significant impact. c. Ambient noise levels will increase through any urban type of development of the site. Building code requirements required for energy conservation will result in a 20 -decibel reduction in noise for habitable interior space. In addition, typical development standards including building setbacks, wolfs, and landscaping will contribute to decreasing the ambient noise levels from the adjoining area. The project is not anticipated to expose people to severe noise levels and existing ordinance requirements will reduce noise impacts. Less -than -significant impact. d. Noise associated with construction of the project is the only temporary (or periodic) increase of ambient noise levels. This temporary change in ambient noise levels is not significant. Less -than - significant impact. e. This project is not located within any area subject to the land use restrictions of the adopted 1996 Kern County Airport Land Use Compatibility Plan which covers all of Kern County. No impact. f. This project is not located within the vicinity (5,000 feet) of any private airstrip and therefore would not expose people residing or working in the project area to excessive noise levels. No impact. X111. POPULATION AND HOUSING a. The project will not induce population growth in this area, but is a logical extension of existing urban development. With the implementation of the GPA, the project would be is consistent with the Metropolitan Bakersfield General Plan. Less -than -significant impact. DL: S:\GPAs\GPA 4th 2017\17-0212V5 Neg Dec\IS Neg Dec 17-0212 sje.docx Page 32 or 35 b. The project would not displace any existing housing. The project site is Currently vacant. No impact. c. The project would not result in the displacement of any persons. See answer to Xill.b. above. No impact. XIV. PUBLIC SERVICES a. Fire protection services for the Metropolitan Bakersfield area are provided through a joint fire protection agreement between the City and County. The proposal will attribute to an increase of new structures into the City. Though the proposal may necessitate the addition of fire equipment and personnel to maintain current levels of service, this potential increase in fire protection services can be paid for by property taxes generated by this development. Less -than -significant impact. b. Police protection will be provided by the Bakersfield Police Department upon project build out. Current City Police services standards require 1.32 officers for every 1,000 people in the City. There is no projected increase of new residents into the City with this project. Therefore, it is unlikely that this project would necessitate the addition of law enforcement officers to maintain the current levels of service. Additionally, any potential increase in services can be paid for by property taxes generated by this development that will cover any potential need for additional law enforcement officers. Less than -significant impact. c. The project is a commercial development. Therefore, the project will not generate additional school children within the area or have a significant impact on school facilities. Less -than -significant impact. d. The. Metropolitan Bakersfield General Plan Parks Element requires a dedication of 2.5 acres per 1,000 population increase for park development fees. The project proposes no population increase within the area and would not result in an impact upon the quality or quantity of existing recreational opportunities or create a substantial need for new parks of recreational facilities. Less -than -significant impact. e. Other public facility improvements from the proposed development and eventual buildup of this area wiii result in an increase in maintenance responsibility for the City of Bakersfield. These increases in services are not deemed significant. Less -than -significant impact. XV. RECREATION a. See answer to X1V.d. Less -than -significant impact. b. See answer to XIV.d. Less -than -significant impact. XVI. TRANSPORTATION AND TRAFFIC a. A Traffic Impact Study has been prepared for the project (McIntosh & Associates, May 2017). The traffic study found that the project has the potential to significantly impact traffic at several intersections and roadway; however, those impacts can be mitigated and would be reduced to a level that is less than significant through the project's participation in the Metropolitan Bakersfield Regional Transportation Impact Fee Program. The project's proportionate share of traffic mitigation for intersections has been determined as the ratio of the project's added peak hour traffic to the total projected future traffic volumes in the year 2035. Table b "Intersection Improvements/ Mitigation/Pro-Rata", as listed in the Traffic Study, indicates the projects share of necessary improvements. These improvements/mitigation measures' are included in Mitigation Measure 8. Required future improvements to local facilities not included in the regional fee program shall be paid for by the project proponent based on a pro -rata share of project related traffic identified in the Traffic Study. Both the "local" and "regional fees will be paid at time of issuance of the various related building permits for the project. Less than significant with mitigation incorporated. b. See answer to XVI.a. Less than significant with mitigation incorporated. c_ There are no air traffic issues associated with the proposal. No impact. DL: S:\GPAs\GPA 4th 2[117\17--0212\15 Neg ©ec\IS Neg Dec 17-0212_sje.docx Page 33 of 35 03107118CC A GENDA PA CKET PG 1111 d. All road improvements are subject to compliance with accepted traffic engineering standards which are intended to reduce traffic hazards. There are no incompatible uses which have been identified with this project. Less -than -significant impact. e. The proposal would not impact any emergency management agency's ability to access the area regarding emergency situations. No significant impact noted. Less -than -significant impact. f. The project is not anticipated to be inconsistent with any policies or programs supporting alternative transportation and shall by ordinance be required to pay transportation impact fees which in part are used to support mass transit (acquisition of buses for GEC). Less -than -significant impact. XVII. TRIBAL CULTURAL RESOURCES a. The record does not support a finding that this project is eligible for listing or listed in the California Register of Historical Resources or in a local register of historical resources. Correspondence was sent to the local tribes pursuant to State of California Senate Bill 18. There were no comments from the tribes about the project. Less -than -significant impact. b. There is no substantial evidence in the record that the project site is a significant tribal cultural resource. Less -than -significant impact. XVIII. UTILITIES AND SERVICE SYSTEMS a. This project will be connected to sanitary sewer and will meet the requirements.of the Regional Water Quality Control Board. Less -than -significant impact. b. The proposed development would not result in the need for significant additional systems or substantially alter the existing water or wastewater facilities. Expansion of all utilities would be required to serve this development and the City Water Resources Department will provide water service to the project per letter dated June 20, 2017. Less -than -significant impact. c. Almost all new development requires the construction of new storm wafer facilities, the construction at which is typically an extension of the existing system. This incremental improvement is not considered to be significant. Less -than -significant impact. d. The proposed development would not result in a need for significant additional systems or substantially alter the existing wafter utilities in the area. Expansion of water utilities would be required to serve this devefopment, but the impact is not considered significant. Less -than -significant impact. e. The City of Bakersfield is the waste water treatment provider and has indicated there is sufficient capacity in the existing plant to serve this project. Less -than -significant impact. The Bena Landfill serves the Metropolitan Bakersfield area. The landfill will not need significant new or substantially altered facilities to accommodate this project. Less -than -significant impact. g. The project will not breach published national, sfate or local standards relating to waste reduction, lifter control, or solid waste disposal. See answer to XVli.f. Less -than -significant impact. XIX. MANDATORY FINDINGS OF SIGNIFICANCE a. The project is subject to the terms of the Metropolitan Bakersfield Habitat Conservafion Plan and associated Section 10 (a) (1 ) (b) and Section 2841 permits issued to the City of Bakersfield by the United States Fish and Wildlife Service and fhe California State Department of Fish and Wildlife, respectively. Terms of the permit require project proponents for all development projects within the plan area to pay habitat mitigation fees, excavate known kit fox dens, and notify agencies prior to grading. Compliance with the pian mitigates biological impacts. Less -than -significant with mitigation incorporated. b. As described in the response above, the proposal has no impacts that would be defined as individually limited but cumulatively considerable. The project is only proposing a General Plan DL: S:\GPAs\GPA 4th 2017\17-0212\15 Neg Dec\IS Neg Dec 17-0212_sje.docx page 34 of 35 Amendment/Zone Change on 5.68 acres for the construction of a 61,855 square foot neighborhood commercial development. Less -than -significant impact. c. As described in the responses above, the proposal would not adversely impact human beings, either directly or indirectly. Less -than -significant impact. BIBLIOGRAPHY/REFERENCE LIST 1. The Metropolitan Bakersfield General Plan, City of Bakersfield, adopted by Resolution No. 222-02 on December 11, 2002, became effective of February 26, 2003. 2. The City of Bakersfield Metropolitan Bakersfield General Plan Update Draft Environmental Impact Report (DEIR), State Clearinghouse (SCH) # 1989070302, by Robert Bein, William Frost & Associates (RBF Consulting) for the City of Bakersfield and County of Kern, June 26, 2002. 3. The City of Bakersfield Metropolitan Bakersfield General Plan Update Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) # 1989070302, by Robert Bein, William frost & Associates (RBF Consulting) for the City of Bakersfield and County of Kern, December 11, 2002. 4. FEIR Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), Thomas Reid Associates for the City of Bakersfield and the County of Kern, March 1991. 5. MBHCP, Advisory Notice to Developers, 10 (a) (1) (b) and 2081 permits, 1994. 6. Implementation/Management Agreement by and among the United States Fish and Wildlife Service, California Department of Fish and Wildlife, City of Bakersfield and County of Kern. 7. California Endangered Species Act Incidental Take Permit (ITP) No. 2081-2013-058-04 with Amendments No. 1 and No. 2. 8. Title 17, Zoning Ordinance, Bakersfield Municipal Code. 9. Title 16, Subdivision Map Act, Bakersfield Municipal Code. 10. Water Balance Report, City of Bakersfield, 2000. 11. Guide for Assessing and Mitigating Air Quality Impacts, San Joaquin Valley Air Pollution Control District updated. 12, City of Bakersfield CEQA Implementation Procedures. 13. City of Bakersfield Hazardous Materials Area Plan. 14. Kern County/Metro Bakersfield Congestion Management Plan. 15. Kern County, California - Soil Survey, 16. Kern County Airport Land Use Compatibility Plan, 1996, as amended on August 29, 2007. 17. Kern County Flood Evacuation Plan for Kern Counfy and Greater Bakersfield Area below Lake Isabella. 18. Bakersfield Heart Hospital FEIR. 19. Department of Conservation - Kern County Interim Farmland (1986). 20. U.S. Department of Interior, Geologic Survey - Seismic Hazard Atlas. 21. Federal Emergency Management Agency - Flood Insurance Rafe Maps. 22. City of Bakersfield, Vaughn, Cal Water and East Niles Community Services, Urban Wafer Management Plans. 23, A Cultural Resource Records Search, Prepared by the California Historical Resources information System of California State University, Bakersfield, June 13, 2017. 24. A Phase I Cuffural Resource Survey, prepared by Hudiow Cultural Resource Associates, October 2005. 25. A Water "Verification of Water Service" letter Prepared by the City of Bakersfield Water Resources Department, June 20, 2017. 26. Reconnaissance Level Biological Evaluation, Prepared by McCormick Biological, Inc. May 2017. 27. A Traffic Impact Sfudy for the project by McIntosh and Associates, May 2017. 28. Air Quality Impact Analysis, Prepared by Insight Environmental Consultants, June 2017. DL: S:\GPAs\GPA 4th 2017\ 1 7-0212\IS Neg Deo\ES Neg Dec 17-0212_sie.docx Page 35 of 35 3/7/1 CC C i 113{ ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent - Ordinances d. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 1/31/2018 iTiff-11 1.1 SUBJECT: Adoption of ordinance amending the Official Zone Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to M-1 (Light Manufacturing) on 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane. (FR 2121118) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 21, 2018. The project is a request by LAV Consulting/Engineering, representing Bakersfield 119 LLC (property owner), to change the pre - zoning the from A (Agriculture) to M-1 (Light Manufacturing) on 12.3 acres located along the south side Taft Highway, approximately 500 feet east of Hughes Lane. The purpose of the zone change is to facilitate future construction on the site consistent with the existing LI (Light Industrial) and Sl (Service Industrial) General Plan land use designations on the site. ENVIRONMENTAL REVIEWAND DETERMINATION: Based on an initial study prepared pursuant to the California Environmental Quality Act (CEQA), City staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Mitigated Negative Declaration was prepared. Mitigation measures addressed biological resources, Cultural Resources and Traffic. The Mitigated Negative Declaration / Initial Study were sent to the State Clearinghouse (SCH No. 2017111001) for a 30 -day review which ended on November 27, 2017. No comments related to significant impacts were submitted during the review period. PUBLIC NOTICE A 20 -day notice of public hearing before the Planning Commission on January 4, 2018, for the proposed zone change was advertised in The Bakersfield Californian, mailed to property owners within 300 feet of the project site, and posted on the Community Development Department bulletin board in accordance with State law. The applicant installed the required on-site posting at least 20 days prior to the hearing date. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance: The request to change the pre - zoning of the 12 acre parcel from A (Agriculture) to M-1 (Light Manufacturing) prior to annexation is to facilitate future development on the site consistent with the Sl (Service Industrial) and LI (Light Industrial) General Plan Land Use designations, and provide zoning confirmation for the annexation application to LAFCo. The uses allowed in the proposed M-1 zone district are compatible and consistent with surrounding development. Overall Recommendation: City staff finds that the applicable provisions of CEQA have been complied with, and that the proposed change to the pre -zoning of the project site from A to M-1 is consistent with the General Plan Land Use designations and surrounding development. The Planning Commission recommended approval of the request. Therefore, City staff recommends approval of the request. Staff recommends adoption of the ordinance. ATTACHMENTS: Description D Oir&naince Wth EkNNts Type Ordinance ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, GENERALLY EAST OF HUGHES LANE. (ZC NO. 16-0365). WHEREAS, LAV Consulting /Engineering, representing the property owner, Bakersfield 119 LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from A (Agriculture) to M-1 (Light Manufacturing) on approximately 12.3 acres located along the south side of Taft Highway, generally east of Hughes Lane (the "Project"), as shown in attached Exhibit ' A,"; and WHEREAS, the Planning Commission held a public hearing on January 4, 2018, and approved Resolution No. 06-18, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 06-18 are hereby adopted. 3. The Project is subject to mitigation measures found in the adopted Negative Declaration for the Project. 4. The Project is hereby approved and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit "A" and as specifically described in Exhibit "B," all of which are incorporated herein. Page 1 of 2 SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. ---------000--------- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY, ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description By: jeng / S:\ZoneChange\yr 2016\16-0365\CC\CC ZC 16-0365 Ordinancedocx.docx Page 2 of 2 a W E E .E m o = EE of o' o U w O> s J W - r w r- o '- g z r r '� r o r- 'E a, r- .E o= E c£ `-' Uc g o= o o --<- E Z w 0 0 0 O a 0¢ 0 0 0 6 0 Q L O= u OE m c g a oo o r-_ a 3 of o- o o rn o o� m o m > a o_ rn U_ a cd° E«o a` c.+ c.+ a g g g 0 2 ti x 3 U U f l .........t 1--f l "I r II r n .I "'t t ff5i T f l -r.....'1 r I r r.......r "V r "r...r r .... 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Q _ / IIIi/�iNiii/ - •� r LL -Ni -93H9nH 1 1 W Q � x i83h3i j- 00001 1 1 V U 1 LL U I p W � _ as vwiw19' _ 1 Y Q _ m C� o x w << yyy, ,, v>,, H U N x j 3/7/1 CC P C i 11 Exhibit B BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING FROM NORTH QUARTER CORNER OF SAID SECTION 1, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (STATE ROUTE 119) AND HUGHES LANE, THENCE SOUTH 89°03'15" EAST, ALONG THE NORTH LINE OF SAID SECTION 1, 486.25 FEET, TO THE POINT OF BEGINNING; THENCE (1) CONTINUING ALONG SAID NORTH LINE, SOUTH 89°03'15" EAST, 173.31 FEET; THENCE (2) LEAVING SAID NORTH LINE, SOUTH 00°56'45" WEST, 30.00 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID TAFT HIGHWAY (STATE ROUTE 119); THENCE (3) ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89°03'15" EAST, 28.48 FEET; THENCE (4) LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 00-47,26"- WEST, 345.00 FEET; THENCE (5) SOUTH 89°03'15" EAST, TO THE WEST BOUNDARY LINE OF PARCEL A OF LOT LINE ADJUSTMENT No. 149-03 PER CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT No. 0204036615 OF OFFICIAL RECORDS, 300.00 FEET THENCE (6) ALONG THE WEST BOUNDARY LINE OF SAID PARCEL A, AND PROLONGATION THEREOF, SOUTH 00047'26" WEST, TO THE SOUTHWEST CORNER OF PARCEL 9 OF PARCEL MAP No. 10717 PHASE 2, RECORDED DECEMBER 27, 2007, IN PARCEL MAP BOOK 56, AT PAGE 69, IN THE OFFICE OF THE KERN COUNTY RECORDER, 905.33 FEET, THENCE (7) LEAVING SAID SOUTHWEST CORNER, NORTH 88°21'43" WEST, 501.77 FEET; THENCE (10) NORTH 00°47'26" EAST, 1,299.27 FEET, TO THE POINT OF BEGINNING. CONTAINING 12.34 ACRES, MORE OR LESS qz 9 0 41 PCD ,j :0 Z p CITY OF eAKERSFIELD' — — — — — — — — HUGHES LANE rn Ln 0 X A SW026"W 1229.27' P, rl —u rA al A Mm 'CITY OF BAKERSRELDSFIELD LD r r p p c 8P la, P5P, r? -0 L4 (aryl to I m C2 -oz- t Op c Z Ic p 9 = q 0> -0 . , I---- ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Resolutions e. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 2/23/2018 111-11 N 03 SUBJECT: Resolution in support of Valley Fever legislation authored byAssembly Members Fong and Salas and Co -Authored by Senator Fuller. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On February 7, 2018, Councilmembers Rivera and Weir requested City staff to draft a resolution in support of several bills regarding Valley Fever. The bills, authored by Assembly Members Rudy Salas and Vince Fong and Co -Authored by Senator Jean Fuller, cover a number of topics associated with Valley Fever, including requirements for reporting, testing, continuing education and regulation. A resolution supporting this legislative package has been drafted for Council consideration. A copy of each bill is attached to this administrative report for reference; however, a brief summary of each bill can be found below. AB 1787 (Salas & Fong) Co -Authored by Senator Fuller: Requires State Department of Public Health to establish an annual deadline of March 1st, beginning March 1st 2019, for a local public health officer to report to the department all cases of Valley Fever during the previous calendar year. AB 1788 (Salas & Fong) Co -Authored by Senator Fuller: Authorizes the State Department of Public Health, for the purpose of reports confirming Valley Fever, to use a laboratory criteria for diagnosis, with or without a clinical criteria. AB 1789 (Salas & Fong) Co -Authored by Senator Fuller: Requires the Occupational Safety and Health Standards Board to adopt occupational safety and health standards for state public works to prevent and control Valley Fever. AB 1790 (Salas & Fong) Co -Authored by Senator Fuller: Requires a physician and surgeon to complete a continuing education training course for the purpose of preventing, diagnosing, and treating Valley Fever by January 1, 2020. AB 1880 (Fong & Salas) Co -Authored by Senator Fuller: Requires the State Department of Public Health, if collecting data on Valley Fever and altering that data, to timely report to a local public health officer how and why it altered the data reported by the local public health officer. AB 1881 (Fong & Salas) Co -Authored by Senator Fuller: Requires standardized testing for Valley Fever by requiring a medical provider to order, or a city or county public health laboratory to use, two specified blood tests in suspected cases of Valley Fever. ATTACHMENTS: Description D ReSdUdOlrl D AB 1787 D AB '17(138 D AB 17 (139 D AB 't7'90 D /k IB 1 (13 (13 0 D /k IB 1 (13 (131 Type Resokltblrl BackUIMateir4� BackUIMateir4� BackUIMateir4� BackUIMateir4� BackUIMateir4� BackUIMateir4� RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD IN SUPPORT OF ASSEMBLY BILLS 1787, 1788, 1789,1790,1880, and 1881 REGARDING VALLEY FEVER. WHEREAS, Valley Fever (coccidioidomycosis), a progressive, multi - symptom, respiratory disorder, is a debilitating disease; and WHEREAS, Valley Fever is caused by the inhalation of tiny airborne fungi that live in the soil but are released into the air by soil disturbance or wind; and WHEREAS, Valley Fever attacks the respiratory system, causing infections that can lead to symptoms that resemble a cold, influenza, or pneumonia; and WHEREAS, If left untreated or mistreated, infection can spread from the lungs into the bloodstream, causing inflammation to the skin, permanent damage to lung and bone tissue, and swelling of the membrane surrounding the brain, leading to meningitis, which can be devastating and even fatal; and WHEREAS, Within California alone, Valley Fever is found in portions of the Sacramento Valley, all of the San Joaquin Valley, desert regions, and portions of southern California; and WHEREAS, According to the federal Centers for Disease Control and Prevention (CDC), Valley Fever infection rates rose twelvefold nationwide from 1995 to 2009, and researchers estimate that the fungus infects more than 150,000 people each year who either suffer serious ailments without knowing the cause of their illness or escape detection of the disease; and WHEREAS, According to the CDC, between 1999 and 2011, the rate of infection of Valley Fever in California rose more than 600 percent, from 939 cases in 1999 to 5,697 cases in 2011, before declining to 2,243 cases in 2014, but increasing again to 3,053 cases in 2015; and WHEREAS, In Kern County, the rate of infection of Valley Fever more than tripled from 2009, for a total of 2,051 cases in 2010 and 2,734 cases in 2011, before declining to 1210 cases in 2014 and spiking again to nearly 2,500 cases in 2016; and WHEREAS, Valley Fever most seriously affects the young, the elderly, those with lowered immune systems, and those of African American and Filipino descent; and - Page 1 of 3 Pages - WHEREAS, There is no known cure for Valley Fever, but researchers are closer than ever to finding a much-needed vaccine against this devastating disease; and WHEREAS, State Assemblyman Vince Fong R -Bakersfield, State Assemblyman Rudy Salas D -Bakersfield, and State Senator Jean Fuller R - Bakersfield introduced legislation, specifically Assembly Bills 1787, 1788, 1789, 1790, 1880, and 1881 ("Valley Fever legislation"), to address and improve the reporting standards, physician training, and workplace safety, and funding for valley fever; and WHEREAS, the Mayor and City Council desire to support the Valley Fever Legislation in order to help protect the health, safety and welfare of the residents of Bakersfield from and improve the lives of those suffering from valley fever. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City Council urges the California State Legislature to support and enact the Valley Fever Legislation and to continue to take actions to combat valley fever. 3. Copies of this resolution shall be forwarded to the State delegation representing the residents of the City of Bakersfield. --------------- 0000000 -------------- - 000000-------------- - Page 2 of 3 Pages - 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, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER :1F KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIM JOSHUA H. RUDNICK Deputy City Attorney JHR:vlg S:\C0UNC1L\Resos\1 7-18\Va11eyfever.Reso_Docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1787 Introduced by Assembly Members Salas and Fong (Principal coauthor: Senator Fuller) (Coauthors: Assembly Members Arambula, Cooper, Cunningham, Flora, Gallagher, Gray, Mathis, Medina, and Patterson) January 8, 2018 An act to add Section 120161 to the Health and Safety Code, relating to communicable diseases. LEGISLATIVE COUNSEL'S DIGEST AB 1787, as introduced, Salas. Reporting: Valley Fever. Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also supports research into the development of a vaccine to protect against coccidioidomycosis, also known as Valley Fever. This bill would require the department to establish an annual deadline of March 1, commencing March 1, 2019, for a local health officer to report to the department all cases of coccidioidomycosis reported to the local health officer during the previous calendar year. The bill would require any cases not reported by the deadline to be included in the local health officer's next annual report. By imposing specific coccidioidomycosis reporting requirements on local health officers, the bill would create a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 99 AB 1787 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 120161 is added to the Health and Safety 2 Code, to read: 3 120161. (a) The department shall establish a deadline of March 4 1, 2019, and each March 1 thereafter, for a local health officer to 5 report to the department all cases of coccidioidomycosis reported 6 to the local health officer during the previous calendar year. 7 (b) Any case of coccidioidomycosis that is not reported to the 8 department by the deadline specified in subdivision (a) shall be 9 included in the local health officer's next annual report. 10 SEC. 2. If the Commission on State Mandates determines that 11 this act contains costs mandated by the state, reimbursement to 12 local agencies and school districts for those costs shall be made 13 pursuant to Part 7 (commencing with Section 17500) of Division 14 4 of Title 2 of the Government Code. X 99 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1788 Introduced by Assembly Members Salas and Fong (Principal coauthor: Senator Fuller) (Coauthors: Assembly Members Arambula, Cooper, Cunningham, Flora, Gray, Mathis, Medina, and Patterson) January 8, 2018 An act to add Section 120144 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1788, as introduced, Salas. Public health: Valley Fever. Existing law requires the Department of Public Health to establish a list of reportable diseases and conditions. Existing law requires, for each reportable disease and condition, the department to specify the timeliness requirements related to the reporting of each disease and condition, and the mechanisms required for, and the content to be included in, reports made. This bill would authorize the department, for the purpose of reports confirming a case of Valley Fever, to use a laboratory criteria for diagnosis, with or without a clinical criteria. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 120144 is added to the Health and Safety 2 Code, to read: 99 l 120144. The department uzu}� for the purpose of reports 2 c a case ofcoccidioidomycosis, also known as Valley 3 Fe/er, use a laboratory criteria for diagnosis, with or without a 4 clinical criteria. x 99 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1789 Introduced by Assembly Members Salas and Fong (Principal coauthor: Senator Fuller) (Coauthors: Assembly Members Arambula, Cooper, Cunningham, Flora, Gallagher, Gray, Mathis, and Medina) January 8, 2018 An act to add Section 147.7 to the Labor Code, relating to occupational safety and health. LEGISLATIVE COUNSEL'S DIGEST AB 1789, as introduced, Salas. Occupational safety and health: Valley Fever. The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws,and standards and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law requires every employer to comply with those standards. A violation of these standards and regulations under specific circumstances is a crime. This bill would require the board to adopt occupational safety and health standards for state public works projects to prevent and control coccidioidomycosis, more commonly known as Valley Fever. By expanding the definition of an existing crime, this bill would impose a state -mandated local program. 99 AB 1789 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 147.7 is added to the Labor Code, to 2 read: 3 147.7. (a) The board shall adopt occupational safety and health 4 standards for state public works projects to prevent and control 5 coccidioidomycosis, more commonly known as Valley Fever. As 6 used in this subdivision, "public works" has the same meaning as 7 defined in Section 1720. 8 (b) The occupational safety and health standards shall require 9 employers to do the following: 10 (1) Adopt site plans and work practices and take other steps as 11 the Division of Occupational Safety and Health determines to be 12 important to limit the risk of Valley Fever, including, but not 13 limited to, minimizing worker exposure to spores and the transport 14 of spores offsite, identifying knowledgeable health care providers 15 for occupational injuries and illnesses, and related training, 16 reporting, and recordkeeping. 17 (2) Take other actions as the board determines to be necessary. 18 SEC. 2. No reimbursement is required by this act pursuant to 19 Section 6 of Article XIIIB of the California Constitution because 20 the only costs that may be incurred by a local agency or school 21 district will be incurred because this act creates a new crime or 22 infraction, eliminates a crime or infraction, or changes the penalty 23 for a crime or infraction, within the meaning of Section 17556 of 24 the Government Code, or changes the definition of a crime within 25 the meaning of Section 6 of Article XIII B of the California 26 Constitution. X 99 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1790 Introduced by Assembly Members Salas and Fong (Principal coauthor: Senator Fuller) (Coauthors: Assembly Members Cooper, Cunningham, Flora, Gallagher, Gray, Mathis, Medina, and Patterson) January 8, 2018 An act to add Section 2190.6 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST AB 1790, as introduced, Salas. Physician and surgeons: continuing education: Valley Fever. The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. The act requires the board to adopt and administer standards for the continuing education of those licensees. The act, with certain exceptions, requires physicians and surgeons to complete a continuing education course in the subjects of pain management and the treatment of terminally ill and dying patients. This bill would require a physician and surgeon to complete a continuing educational training course for the purpose of preventing, diagnosing, and treating Coccidioidomycosis infections, commonly known as Valley Fever, by January 1, 2020. This bill would require a physician and surgeon licensed on or after January 1, 2019, to complete that requirement within 2 years of his or her initial license. The bill would authorize the board to exempt physicians and surgeons by practice status category from the requirement for specified reasons. 99 AB 1790 Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 2190.6 is added to the Business and 2 Professions Code, to read: 3 2190.6. (a) A physician and surgeon shall, by January 1, 2020, 4 complete a one-time mandatory continuing education course for 5 the purpose of preventing, diagnosing, and treating 6 Coccidioidomycosis infections, commonly known as Valley Fever. 7 A physician and surgeon licensed on or after January 1, 2019, shall 8 complete this mandatory training requirement within two years of 9 his or her initial licensure. The board shall verify completion of 10 this mandatory training requirement on a renewal application form. 11 (b) By regulatory action, the board may exempt physicians and 12 surgeons by practice status category from the requirement in 13 subdivision (a) if the physician and surgeon does not engage in 14 direct patient care, does not provide patient consultations, or does 15 not reside in the State of California. X 99 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1880 Introduced by Assembly Members Fong and Salas (Principal coauthor: Senator Fuller) (Coauthor: Assembly Member Cunningham) January 17, 2018 An act to amend Section 120130 of, and to add Section 120132 to, the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1880, as introduced, Fong. Valley Fever reporting. Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also supports research into the development of a vaccine to protect against coccidioidomycosis, also known as Valley Fever. This bill would clarify that cases of both communicable and noncommunicable diseases are to be timely reported by a health care provider to a local health officer, and by a local health officer to the department. The bill would require a health care provider with a duty to report a case or suspected case of a communicable or noncommunicable disease to complete a one-time mandatory training course on that duty, as specified. This bill would require the department, if it collects data on coccidioidomycosis cases and alters that data, to timely report to a local health officer how and why it altered the data reported by the local health officer. The bill would also require the department, if it publishes provisional data on coccidioidomycosis cases, to publish an explanation 99 AB 1880 of data changes likely to occur and of discrepancies between data reported by a local health officer and data reported by the department. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 120130 of the Health and Safety Code 2 is amended to read: 3 120130. (a) The department shall establish a list of reportable 4 diseases and conditions. For each reportable disease and condition, 5 the department shall specify the timeliness requirements related 6 to the reporting of each disease and condition, and the mechanisms 7 required for, and the content to be included in, reports made 8 pursuant to this section.44te 9 (1) The list of reportable diseases and conditions may include 10 both communicable and noncommunicable diseases. The list may 11 include those diseases that are either known to be, or suspected of 12 being, transmitted by milk or milk -based products.44te 13 (2) The list may be modified at any time by the department, 14 after consultation with the California Conference of Local Health 15 Officers. Modification of the list shall be exempt from the 16 administrative regulation and rulemaking requirements of Chapter 17 3.5 (commencing with Section 11340) of Part 1 of Division 3 of 18 Title 2 of the Government Code, and shall be implemented without 19 being adopted as a regulation, except that the revised list shall be 20 filed with the Secretary of State and printed in the California Code 21 of Regulations as required pursuant to subdivision (e). Those 22 (3) Those connnunicable and nonconnnunicable diseases listed 23 as reportable shall be properly reported as required to the 24 department by the local health officer. 25 (4) Those connnunicable and nonconnnunicable diseases listed 26 as reportable shall be properly reported as required to the local 27 health officer by a health care provider. A health care provider 28 required to report a case or suspected case of a connnunicable or 29 nonconnnunicable disease shall complete a one -tune mandatory 30 training course on the duty to report cases to the local health 31 officer by January 1, 2020, or within two years of the start of his 32 or her duty to report. 99 — 3 — AB 1880 1 (b) The department shall establish a list of communicable 2 diseases and conditions for which clinical laboratories shall submit 3 a culture or a specimen to the local public health laboratory. The 4 list shall set forth the conditions under which the culture and 5 specimen shall also be submitted to the State Public Health 6 Laboratory. The list may be modified at any time by the 7 department, in consultation with appropriate local public health 8 stakeholders, including, but not limited to, local health officers 9 and public health laboratory directors. Both establishment and 10 modification of the list shall be exempt from the administrative 11 regulation and rulemaking requirements of Chapter 3.5 12 (commencing with Section 11340) of Part 1 of Division 3 of Title 13 2 of the Government Code, and shall be implemented without 14 being adopted as a regulation, except that the initial list and -arty 15 modifications shall be filed with the Secretary of State and printed 16 in the California Code of Regulations as required pursuant to 17 subdivision (e). 18 (c) The department may ft�`� adopt and enforce 19 regulations requiring strict or modified isolation, or quarantine, 20 fore contagious, infectious, or communicable diseases, 21 if in the opinion of the department the action is necessary for the 22 protection of the public health. 23 (d) The local health officer may require strict or modified 24 isolation, or quarantine, for-a-ny a case of contagious, infectious, 25 or communicable disease, when this action is necessary for the 26 protection of the public health. 27 (e) The lists established pursuant to subdivisions (a) and (b) and 28 any subsequent modifications shall be published in Title 17 of the 29 California Code of Regulations. 30 (f) Notwithstanding any othe 4 law, -iter a civil or 31 criminal penalty, fine, sanction, or finding, or denial, suspension, 32 or revocation of licensure for -arty a person or facility-tr&y shall 33 not be imposed based upon a failure to provide the notification of 34 a reportable disease or condition or to provide the submission of 35 a culture or specimen that is required under this section, unless the 36 name of the disease or condition that is required to be reported, or 37 for which a culture or specimen is required to be submitted, was 38 printed in the California Code of Regulations and the department 39 notified the person or facility of the disease or condition at least 99 AB 1880 1 six monthspfiof to before the date of the claimed failure to report 2 or submit. 3 (g) Commencing July 1, 2009, or within one year of the 4 establishment of a state electronic laboratory reporting system, 5 whichever is later, a report generated pursuant to this section, or 6 Section 121022, by a laboratory shall be submitted electronically 7 in a manner specified by the department. The department shall 8 allow laboratories that receive incomplete patient information to 9 report the name of the provider who submitted the request to the 10 local health officer. 11 (h) The department may, through its Internet Web site and via 12 electronic mail, advise out-of-state laboratories that are known to 13 the department to test specimens from California residents of the 14 new reporting requirements. 15 SEC. 2. Section 120132 is added to the Health and Safety Code, 16 to read: 17 120132. (a) If the department collects data on 18 coccidioidomycosis cases from a local health officer and alters 19 that data for any reason, including, but not limited to, to delete 20 duplicate cases reported by multiple counties, the department shall 21 timely report to a local health officer how and why it altered the 22 data originally reported by that local health officer. 23 (b) If the department publishes provisional data on 24 coccidioidomycosis cases, the department shall include in its 25 publication an explanation for likely data changes between initial 26 and final publication, and an explanation for discrepancies between 27 data reported by a local health officer and data reported by the 28 department. X 99 CALIFORNIA LEGISLATURE -2017-18 REGULAR SESSION ASSEMBLY BILL No. 1881 Introduced by Assembly Members Fong and Salas (Principal coauthor: Senator Fuller) (Coauthor: Assembly Member Cunningham) January 17, 2018 An act to add Section 101161 to the Health and Safety Code, relating to health. LEGISLATIVE COUNSEL'S DIGEST AB 1881, as introduced, Fong. Valley Fever testing. Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also supports research into the development of a vaccine to protect against coccidioidomycosis, also known as Valley Fever. This bill would standardize testing for coccidioidomycosis by requiring a medical provider to order, or a city or county public health laboratory to use, 2 specified blood tests in suspected cases of coccidioidomycosis. By imposing specific coccidioidomycosis testing requirements on local health departments, the bill would create a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, 99 AB 1881 —2— reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 101161 is added to the Health and Safety 2 Code, to read: 3 10 116 1. A medical provider shall order, or a city or county 4 public health laboratory shall use, both of the following serologic 5 tests in a suspected case of coccidioidomycosis, also known as 6 Valley Fever: 7 (a) An immunodiffusion test to determine the presence of 8 coccidioides precipitin or immunoglobulin G antibody. 9 (b) A complement fixation test to determine the immunoglobulin 10 G titer. 11 SEC. 2. If the Commission on State Mandates determines that 12 this act contains costs mandated by the state, reimbursement to 13 local agencies and school districts for those costs shall be made 14 pursuant to Part 7 (commencing with Section 17500) of Division 15 4 of Title 2 of the Government Code. X 99 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Resolutions f. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 2/23/2018 111-11 V 03 SUBJECT: Resolution supporting the Reducing Crime and Keeping California Safe Act of 2018. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: On February 7, 2018, Councilmember Parlier requested a resolution in support of the Reducing Crime and Keeping California Safe Act of 2018. This act is in the form of a ballot measure currently being circulated for signature ahead of the November 2018 election. This measure has been identified on the California Secretary of State's Elections page as having reached 25 percent of required signatures as of February 7, 2018. The measure has a signature requirement of 365,880 by July 3, 2018. A full copy of the ballot measure is attached to this administrative report for reference. A brief summary of the main points of the initiative is provided below. Proponents of the measure state it will fix three related problems created by recent laws that have threatened the public safety of Californians and their children from violent criminals. Highlights include: • Expands the list of violent crimes for which early release is not an option; • Reinstates DNA collection for certain crimes that were reduced to misdemeanors as part of Proposition 47; • Revises the theft threshold by adding a felony for serial theft (when a person is caught for the third time stealing with a value of $250); • Requires the Board of Parole Hearings to consider an inmate's entire criminal history when deciding parole, not just their most recent commitment offense; and requires a mandatory hearing to determine whether parole should be revoked for any parolee who violates the terms of his parole for the third time. Also, attached to this report is a list of current coalition members in support of the measure which includes the California District Attorneys Association and the California Police Chiefs Association. ATTACHMENTS: Description D ReSdUdOlrl D iNdadve MeaSUire D Coandoin fist Type Resokltblrl BackUIMateir4� BackUIMateir4� RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD IN SUPPORT OF THE "REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018" ADDRESSING VIOLENT CRIME, SERIAL THEFT, DNA COLLECTIONS, AND PAROLE VIOLATIONS. WHEREAS, protecting citizens in California, including our most vulnerable children, from violent crime is of the utmost importance; to that end, murderers, rapists, child molesters, and other violent criminals should not be released early from prison; and WHEREAS, since 2014, California has had a larger increase in violent crime than the rest of the United States; and WHEREAS, recent changes to parole laws have allowed the early release of dangerous criminals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered by categorizing these crimes as "non-violent"; and WHEREAS, these so-called "non-violent" offenders are then eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision; and WHEREAS, recent changes to California law allow serial thieves to face few consequences, regardless of their criminal record or how many times they steal; as a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline; and WHEREAS, according to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single -year increase in at least ten years; and WHEREAS, collecting DNA from criminals is essential to solving violent crimes; and Page 1 WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes; and WHEREAS, the "Reducing Crime and Keeping California Safe Act of 2018," an initiative currently being circulated for signatures, will (1) reclassify currently "non-violent" crimes like rape of an unconscious person, sex trafficking of a child, and fourteen other serious crimes as "violent" to prevent the early release of inmates convicted of these crimes; (2) reform the parole system to stop the early release of violent felons, expand parolee oversight, and strengthen penalties for parole violations; (3) reform theft laws to restore accountability for serial thieves and organized theft gangs; and (4) expand DNA collection to include those convicted of drug, theft, domestic violence, and other serious crimes to help solve rape, murder and other violent crimes and exonerate those wrongly accused. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City Council formally supports the "Reducing Crime and Keeping California Safe Act of 2018" and hereby joins the Keep California Safe Coalition, a project of the California Public Safety Partnership Issues Committee, sponsor of the initiative, in support of the initiative. 3. Copies of this resolution shall be forwarded to the California Public Safety Partnership Issues Committee. ---------------0000000-------------- Page 2 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, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield :1F KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIM ANDREW HEGLUND Deputy City Attorney AH/d11 S:\COUNCIL\Resos\17-18\Keep Cal Safe Act Reso.Docx Page 3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure: (17-0044.) RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE. Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft -related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court -related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders. To the Honorable Secretary of State of California: We, the undersigned, registered, qualified voters of California, residents of the County (or City and County) referenced on the signature page of this petition, hereby propose amendments to the California Penal Code relating to parole, serial theft, and LINA collection from convicted criminals, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed statutory amendments (full title and text of the measure) read as follows: SEC. 1. TITLE This act shall be known and may be cited as the Reducing Crime and Keeping California Safe Act of 2018. SEC. 2. PURPOSES This measure will fix three related problems created by recent laws that have threatened the public safety of Californians and their children from violent criminals. This measure will: A. Reform the parole system so violent felons are not released early from prison, strengthen oversight of post release community supervision and tighten penalties for violations of terms of post release community supervision: B. Reform theft laws to restore accountability for serial thieves and organized theft rings; and C. Expand DNA collection from persons convicted of drug, theft and domestic violence related crimes to help solve violent crimes and exonerate the i moeent. SEC. 3. FINDINGS AND DECLARATIONS A. Prevent Early Release of Violent Felons 1_ Protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison. 2_ Since 2014, California has had a larger increase ill violent crime than the rest of the United States_ Since 2013, violent crime ill Los Angeles has increased 69.5 Violent crime in Sacramento rose faster doing the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI. 3_ Recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent," These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "non-violent offenders." 4_ As a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fiaction of the sentence ordered by a judge. 5_ Violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terns of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer, 6_ Californians need better protection from such violent criminals. 7_ Californians need better protection from felons who repeatedly violate the terms of their post release community supervision. 8_ This measure reforms the law so felons who violate the terms of their release can be brought back to tout and held accountable for such violations. 9_ Californians need better protection from such violent criminals_ This measure reforms the law to define such crimes as "violent felonies" for purposes of early release_ 10. Nothing in this act is intended to create additional "strike" offenses which would increase the state prison population. 11. Nothing in this act is intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits_ B. Restore Accountability for Serial Theft and Organized Theft Rings 1. Recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal. 2. As a result, between 2014 and 2016, California had the 21 highest increase in theft and property crimes ill the United States, while most states have seen a steady decline_ According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single -year increase in at least ten years. 3. Individuals who repeatedly steal often do so to support their drug habit_ Recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs. 4. California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms. C. Restore DNA Collection to Solve Violent Crime 1. Collecting DNA from criminals is essential to solving violent crimes_ Over 450 violent crimes including minder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals_ 2. DNA collected in 2015 from a convicted child molester solved the rape -minders of two six-year-old boys that occurred three decades ago in Los Angeles County_ DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape - murder of all 83 -year-old woman. 3. Recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses. 4. Permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted 5. This measure does not affect existing legal safeguards that protect the privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. SEC. 4. PAROLE CONSIDERATION Section 3003 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated ill st ikeom type] (a) Except as otherwise provided in this section, an innate who is released on parole or postrelease supervision as provided by Title 2.05 (commnencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, "last legal residence" shall not be construed to mean the county wherein the imitate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. (b) Notwithstanding subdivision (a), an inmate may be retuned to another county if that would be in the best in- terests of the public. If the Board of Parole Hearings set- ting the conditions of parole for inmates sentenced pur- suant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for imitates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons ill writing ill the parolee's permanent record and include these reasons ill the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its deci- sion, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: (1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. (2) Public concern that would reduce the chance that the inmate's parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program. (4) The existence of family in another county with whom the imitate has maintained strong ties and whose support would increase the chance that the imitate's parole would be successfully completed. (5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. (c) The Department of Corrections and Rehabilitation, in determining all out -of -county commnitment, shall give priority to the safety of the community and any witnesses and victims_ (d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing hien or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release_ (e)(1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled innate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commnencing with Section 3450) who is released in their jurisdictions: (A) Last, first, and middle names_ (B) Built date, (C) Sex, race, height, weight, and hair and eye color. (D) Date of parole or placement on postrelease community supervision and discharge_ (E) Registration status, if the imnate is required to shall not be placed or reside, for the duration of his or her register as a result of a controlled substance, sex, or arson parole, within one-half mile of a public or private school offense. including any or all of kindergarten and grades 1 to 12, (F) California Criminal Information Number, FBI number, social security number, and driver's license number. (G) County of commitment. (H) A description of scars, marks, and tattoos on the inmate, (1) Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance_ (J) Address, including all of the following information_ (i) Street name and number, Post office box numbers are not acceptable for purposes of this subparagraph. (ii) City and ZIP Code. (iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. (K) Contact officer and unit, including all of the following information: (i) Name and telephone number of each contact officer. (ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. (L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. (M) A geographic coordinate for the inmate's residence location for use with a Geographical Information System (GIS) or comparable computer program. (N) Copies of the record of supervision during any prior period of parole_ (2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the imnate's tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HFLECH) (Public Law 111-005) and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations_ This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA_ (3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database_ The information obtained from each source shall be based on the same timeframe. (4) All of the information required by this subdivision shall be provided utilizing a computer -to -computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. (5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. (f) Notwithstanding any other lawyrs � ions teleased on patole shall riot be teturned to a location wiflliri'�5 miles ofthe actual residence ofi victim of, or fielorty as defined in Paragraphs (1) to (7), inelus f subdivision (e) of Section 667.5 1 fiti—Y I winel, the defendant accomplice that has been charged and proved as provided fo, it, Section 12022.5 3, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being ofd the victim or witness, an innate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of or a witness to any of the following crimes: (1) A violent felony as defined subdivision (c) of Section 6675 or subdivision (a) of Section 3040.1_ (2) A felony in which the defendant inflicts great bodily injury on a person other than all accomplice, that has been charged and proved as provided for in Section 12022.53 12022.7, or 12022.9. (g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public inclusive_ (h) Notwithstanding any other law, an innate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim's or witness' actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease counnunity supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an innate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the imitate to another county upon approval of the receiving county. (i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out -of - county counnitments from a county compared to the number of connnitments from that county when making parole decisions. (j) An agnate may be paroled to another state pursuant to any other law_ The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease counnunity supervision pursuant to Title 2.05 (commencing with Section 3450). (k)(1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e)_ County agencies supervising imnates released to postrelease community supervision pursuant to Title 2_05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance ofwarrants, revocations, or the termination of postrelease counnunity supervision_ On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease cormmunity supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision_ (2) Notwithstanding paragraph (1) the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. (1) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Teleconununications System (CLETS) so that law enforcement call be advised through CLETS of all persons on postrelease commnunity supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. Section 3040.1 is added to the Penal Code to read: (a) For purposes of early release or parole consideration under the authority of Section 32 of Article I of the Consti- tution, Sections 12838.4 and 12838.5 of the Govermnent Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054, 5055, 50762 of this Code and the rulemaking authority granted by Section 5058 of this Code, the following shall be defined as "violent felony offenses": (1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262; (4) Sodomy as defined in subdivision (c) or (d) of Section 286: (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a; (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 120225 or 12022.55; (9) Any robbery; (10) Arson, in violation of subdivision (a) or (b) of Section 451; (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289; (12) Attempted murder; (13) A violation of Section 18745, 18750, or 18755; (14) Kidnapping; (15) Assault with the intent to connnit a specified felony, in violation of Section 220; (16) Continuous sexual abuse of a child, in violation of Section 2885; (17) Carjacking, as defined in subdivision (a) of Section 215; (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1; (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 18622; (20) Threats to victims or witnesses, as defined in subdivision (c) of Section 136.1; (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than all accomplice, was present in the residence during the connnission of the burglary; (22) Any violation of Section 12022.53; (23) A violation of subdivision (b) or (c) of Section 11418; (24) Solicitation to courant murder; (25) Felony assault with a firearm in violation of subsections (a)(2) and (b) of Section 245; (26) Felony assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245; (27) Felony assault with a deadly weapon upon the person of a peace officer or firefighter in violation of subdivisions (c) and (d) of Section 245; (28) Felony assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245; (29) Assault with caustic chemicals in violation of Section 244; (30) False imprisonment in violation of Section 2105; (3 1) Felony discharging a firearm in violation of Section 246; (32) Discharge of a firearm from a motor vehicle in violation of subsection (c) of Section 26100; (33) Felony domestic violence resulting in a traumatic condition in violation of Section 273.5; (34) Felony use of force or threats against awitness or victim of a crime in violation of Section 140; (35) Felony resisting a peace officer and causing death or serious injury in violation of Section 148.10; (36) A felony hate crime punishable pursuant to Section 422.7; (37) Felony elder or dependent adult abuse in violation of subdivision (b) of Section 368; (38) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261; (39) Rape in violation of Section 262; (40) Sexual penetration in violation of subdivision (b), (d) or (e) of Section 289; (41) Sodomy in violation of subdivision (f), (g), or (i) of Section 286; (42) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a; (43) Abduction of a minor for purposes of prostitution in violation of Section 267; (44) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1; (45) Child abuse in violation of Section 273ab; (46) Possessing, exploding, or igniting a destructive device in violation of Section 18740; (47) Two or more violations of subsection (c) of Section 451: (48) Any attempt to courant an offense described in this subdivision; (49) Amy felony in which it is pled and proven that the Defendant personally used a dangerous or deadly weapon; (50) Any offense resulting in lifetime sex offender registration pursuant to Sections 290 through 290.009. (5 1) Any conspiracy to courant an offense described in this Section. (b) The provisions of this section shall apply to any inmate serving a custodial prison sentence on or after the effective date of this section, regardless of when the sentence was imposed. Section 3040.2 is added to the Penal Code to read: (a) Upon conducting a nonviolent offender parole consid- eration review, the hearing officer for the Board of Parole Hearings shall consider all relevant, reliable information about the imitate. (b) The standard of review shall be whether the imitate will pose all unreasonable risk of creating victims as a result of felonious conduct if released from prison. (c) In reaching this determination, the hearing officer shall consider the following factors: (1) Circumstances surrounding the current conviction; (2) The imuuate's criminal history, including involvement in other criminal conduct, both juvenile and adult, which is reliably documented; (3) The imuuate's institutional behavior including both rehabilitative progranmvng and institutional misconduct; (4) Any input from the inmate, any victim, whether registered or not at the time of the referral, and the prosecuting agency or agencies; (5) The inmate's past and present mental condition as documented in records in the possession of the Department of Corrections and Rehabilitation; (6) The inmate's past and present attitude about the crime; (7) Any other information which bears on the inmate's suitability for release, (d) The following circumstances shall be considered by the hearing officer in determining whether the inmate is unsuitable for release; (1) Multiple victims involved in the current commitment offense; (2) A victim was particularly vulnerable due to age or physical or mental condition; (3) The imnate took advantage of a position of trust in the commnission of the crime; (4) The imnate was armed with or used a firearm or other deadly weapon in the commission of the crime; (5) A victim suffered great bodily injury during the cormnission of the crime; (6) The imnate committed the crime in association with a criminal street gang; (7) The imnate occupied a position of leadership or dominance over other participants in the cormnission of the crime, or the imitate induced others to participate in the commnission of the crime; (8) During the coumnission of the crime, the inmate had a clear opportunity to cease but instead continued; (9) The imnate has engaged in other reliably documented criminal conduct which was an integral part of the crime for which the imitate is currently committed to prison; (10) The manner in which the crime was commnitted created a potential for serious injury to persons other than the victim of the crime; (11) The inmate was on probation, parole, post release community supervision, mandatory supervision or was in custody or had escaped from custody at the time of the cormnitment offense; (12) The imnate was on ally form of pre- or post- conviction release at the time of the containment offense; (13) The imnate's prior history of violence, whether as a juvenile or adult; (14) The imnate has engaged in misconduct in prison or jail; (15) The imnate is incarcerated for multiple cases from the same or different counties or jurisdictions_ (e) The following circumstances shall be considered by the hearing officer in determining whether the inmate is suitable for release; (1) The imnate does not have a juvenile record of assaulting others or committing crimes with a potential of harm to victims; (2) The imnate lacks any history of violent crime; (3) The imnate has demonstrated remorse; (4) The imuuate's present age reduces the risk of recidivism; (5) The imnate has made realistic plans if released or has developed marketable skills that can be put to use upon release; (6) The inmate's institutional activities demonstrate an enhanced ability to function within the law upon release; (7) The imnate participated in the crime under partially excusable circumstances which do not amount to a legal defense; (8) The imnate had no apparent predisposition to contain the crime but was induced by others to participate in its commission; (9) The imnate has a minimal or no criminal history; (10) The imnate was a passive participant or played a minor role in the commission of the crime; (11) The crime was committed during or due to an unusual situation unlikely to reoccur, Section 3040.3 is added to the Penal Code to read (a) An inmate whose current commitment includes a concurrent, consecutive or stayed sentence for all offense or allegation defined as violent by subdivision (e) of Section 667.5 or 3040.1 shall be deemed a violent offender board shall vote to either grant or deny parole and render for purposes of Section 32 of Article I of the Constitution, a statement of decision. The en baric review shall be (b) An inmate whose current commitment includes an indeterminate sentence shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution, (e) An imitate whose current commitment includes any enhancement which makes the underlying offense violent pursuant to subdivision (e) of Section 667.5 shall be deemed a violent offender for proposes of Section 32 of Article I of the Constitution. (d) For purposes of Section 32 of Article I of the Constitution, the "full tern" of the "primary offense" shall be calculated based only on actual days served on the containment offense. Section 3040.4 is added to the Penal Code to read: Pursuant to subsection (b) of Section 28 ofArtiele I of the Constitution, the Department shall give reasonable notice to victims of crime prior to all imnate being reviewed for early parole and release. The Department shall provide victims with the right to be heard regarding early parole consideration and to participate in the review process. The Department shall consider the safety of the victims, the victims' family, and the general public when making a determination on early release. (a) Prior to conducting a review for early parole, the Department shall provide notice to the prosecuting agency or agencies and to registered victims, and shall make reasonable efforts to locate and notify victims who are not registered. (b) The prosecuting agency shall have the right to review all information available to the hearing officer including, but not limited to the inmate's central file, documented adult and juvenile criminal history, institutional behavior including both rehabilitative programming and institutional misconduct, any input from any person or organization advocating on behalf of the inmate, and any information submitted by the public, (e) A victim shall have a right to submit a statement for purposes of early parole consideration, including a confidential statement (d) All prosecuting agencies, any involved law enforcement agency, and all victims, whether or not registered, shall have the right to respond to the board in writing_ (e) Responses to the Board by prosecuting agencies, law enforcement agencies, and victims must be made within 90 days of the date of notification of the inmate's eligibility for early parole review or consideration, (f) The Board shall notify the prosecuting agencies, law enforcement agencies, and the victims of the Nonviolent Offender Parole decision within 10 days of the decision being made. (g) Within 30 days of the notice of the final decision concerning Nonviolent Offender Parole Consideration, the inmate and the prosecuting agencies may request review of the decision. (h) If an inmate is denied early release under the Nonviolent Offender Parole provisions of Section 32 of Article I of the Constitution, the inmate shall not be eligible for early Nonviolent Offender parole consideration for two (2) calendar years from the date of the final decision of the previous denial. Section 3041 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeom type] (a)(1) In the case of any imnate sentenced pursuant to any law, other than Chapter 4.5 (commnencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the imitate's minimum eligible parole date for the purposes of reviewing and documenting the inmate's activities and conduct pertinent to parole eligibility_ During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the imnate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. (2) One year before the inmate's minimum eligible parole date a panel of two or more commmissioners or deputy commnissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5_ No more than one member of the panel shall be a deputy commnissioner. (3) In the event of a tie vote, the matter shall be referred for an en battle review of the record that was before the panel that rendered the tie vote_ Upon en banc review, the conducted pursuant to subdivision (e). (4) Upon a grant of parole, the inmate shall be released subject to all applicable review periods_ However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the imitate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligibility date. (5) At least one cormnissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board In case of a review, a majority vote in favor of parole by the board members participating in an en battle review is required to grant parole to any inmate_ (b)(1) The panel or the board, sitting en baric, shall grant parole to an imnate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate including all current or past convicted offenses, in making this determination. (2) After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing_ During that period, the board may review the panel's decision. The panel's decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel's decision was based on an error of fact, or that new information should be presented to the board, ally of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commnissioners who conducted the parole consideration hearing. (3) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting_ (c) For the propose of reviewing the suitability for parole of those narrates eligible for parole under prior law at a date earlier than that calculated under Section 11702, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her Tenn as calculated under Section 11702. (d) It is the intent of the Legislature that, dining times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners_ The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the imnate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly. (e) For purposes of this section, all en baric review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board An en banc review shall be conducted in compliance with the following: (1) The commnissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote_ (2) The review shall be limited to the record of the hearing_ The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding_ (3) The board shall separately state reasons for its decision to grant or deny parole_ (4) A couunissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review. Section 3454 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in shikeaat type] (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a person's program of postrelease supervision. Ally additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender's risk of recidivism, and the offender's criminal history, and be otherwise consistent with law. (b) Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed ill Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined ill Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender's condition of postrelease supervision. (c) As used in this title, "flash incarceration" is a period of detention in a city or county jail due to a violation of all offender's conditions of postrelease supervision, The length of the detention period can range between one and 10 consecutive days_ Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of all offender's postrelease supervision conditions shall appropriately punish an offender while preventing the disruption ill a work or home establishment that typically arises from longer Tenn revocations. (d) Upon a decision to impose a period offlash incarceration the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration_ Section 3455 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in shikeo ` type] (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terns of his or her release for a third time the supervising county agency shall petition the court pursuant to Section 12032 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease connnuruty supervision, waive a court hearing, and accept the proposed modification of his or her postrelease connnuruty supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease coumnunity supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recoumnendations_ The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following: (1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a countyjail_ (2) Revoke and terminate postrelease commnunity supervision and order the person to confinement in a countyjail_ (3) Refer the person to a reentry court pursuant to Section 3015 or other evidence -based program in the court's discretion, (b) (1) At any time during the period of postrelease community supervision, if a peace officer, including a probation officer, has probable cause to believe a person subject to postrelease commnunity supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease continuity supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Govenunent Code shall have the authority to issue a warrant for that person's arrest. (2) The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice. (3) Unless a person subject to postrelease commnunity supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate. (e) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition, Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason ill the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person corufined pending his or her first court appearance. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction. (e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person's initial entry onto postrelease coumnunity supervision, except when his or her supervision is tolled pursuant to Section 12032 or subdivision (b) of Section 3456. SECS. DNA COLLECTION Section 296 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated ill strikeout type] (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to contain any felony offense described ill Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to contain murder or voluntary manslaughter, (C) Commencing on January 1, 2009, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 through 290.009 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. (4) Any person, excluding a juvenile, who is convicted of, or1p eads guilty or no contest to, any of the following offenses: (A) A misdemeanor violation of Section 4595: (B) A violation of subdivision (a) of Section 473 that is punishable as a misdemeanor pursuant to subdivision (b) of Section 473 (C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a� (D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2; (E) A violation of Section 496 that is punishable as a misdemeanor; (F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code; (G) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code; (H) A misdemeanor violation of paragraph (1) of subdivision (e) of Section 243 (I) A misdemeanor violation of Section 2735; (J) A misdemeanor violation of paragraph (1) of subdivision (b) of Section 368: (K) Any misdemeanor violation where the victim is defined as set forth ill Section 6211 of the Family Code; (L) A misdemeanor violation of para rraanh (3) of subdivision (b) of Section 647. 0)(55) The term "felony" as used in this subdivision includes an attempt to commit the offense. f5)S� Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non -qualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult orjuvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have conunitted any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. (c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles; (1) Any person couunitted to a state hospital or other treatment facility as a mentally disordered sex offender under Article I (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commnencing with Section 2960) of Chapter 7 of Title I of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 (commnencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). (e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or ill writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter, (f) Prior to final disposition or sentencing ill the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile_ The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state's DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. SEC. 6. SHOPLIFTING Section 459.5 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in sttikeaen type] (a) Notwithstanding Section 459, shoplifting is defined as entering a coinnemial establishment with intent to eirounitfareeny steal retail property or merchandise while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commnereial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined ill subdivision (a) shall be charged as shoplifting_ No person who is charged with shoplifting may also be charged with burglary or theft of the same property. (c) "Retail property or merchandise" means any article product, commodity, item or component intended to be sold in retail commnerce. ( "Value" means the retail value of an item as advertised by the affected retail establishment, including applicable taxes_ (e) This section shall not apply to theft of a firearm, fiery, the unlawful sale transfer, or conveyance of all access card pursuant to Section 484e, forgery of an access card pursuant to Section 484f the unlawful use of an access card pursuant to Section 4848 theft from all elder pursuant to subdivision (e) of Section 368, receivingstolen olen property, embezzlement, or identity theft pursuant to Section 5305 or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code_ Section 490.2 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in sttikeaen type] (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for all offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. (c) This section shall not apply to theft of a firearm forgery the unlawful sale transfer, or conveyance of an access card pursuant to Section 484e, forger of f an access card pursuant to Section 484f the unlawful use of an access card pursuant to Section 4848 theft from all elder pursuant to subdivision (e) of Section 368, receivingstolen olen property, embezzlement, or identity theft pursuant to Section 5305 or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code_ SEC. 7. SERIAL THEFT Section 490.3 is added to the Penal Code to read: (a) This section applies to the following crimes: (1) petty theft; (2) shoplifting; (3) grand theft; (4) burglary; (5) carjacking; (6) robbery; (7) a crime against an elder or dependent adult within the meaning of subdivision (d) or (e) of Section 368; (8) any violation of Section 496; (9) unlawful taking or driving of a vehicle within the meaning of Section 10851 of the Vehicle Code_ (10) Forgery. (11) The unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e_ (12) Forgery of an access card pursuant to Section 484f (13) The unlawful use of an access card pursuant to Section 4848. (14) Identity theft pursuant to Section 5305. (15) The theft or unauthorized rise of a vehicle pursuant to Section 10851 of the Vehicle Code. (b) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and (4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, any person who, having been previously convicted of two or more of the offenses specified in subdivision (a), which offenses were conunitted on separate occasions, and who is subsequently convicted of petty theft or shoplifting where the value of the money, labor, or real or personal property taken exceeds two hundred fifty dollars ($250) shall be punished by imprisonment in the county jail not exceeding one year, or imprisnurment pursuant to subdivision (h) of Section 1170. (c) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 8. ORGANIZED RETAIL IHEFT Section 490.4 is added to the Penal Code to read: (a) "Retail property or merchandise" means any article, product, coir a dity, item or component intended to be sold in retail commerce_ (b) "Value" means the retail value of an item as advertised by the affected retail establishment, including applicable taxes_ (c) Any person, who, acting in concert with one or more other persons, commits two (2) or more thefts pursuant to Sections 4595 or 490.2 of retail property or merchandise having an aggregate value exceeding two hundred fifty dollars ($250) and unlawfully takes such property during a period of one hundred eighty days (180) is guilty of organized retail theft_ (d) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and (4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, organized retail theft shall be punished by imprisnurment in the county jail not exceeding one year, or imprisnurment pursuant to subdivision (h) of Section 1170. (e) For purposes of this section, the value of retail property stolen by persons acting in concert may be aggregated into a single count or charge, with the sum of the value of all of the retail merchandise being the values considered in determining the degree of theft. (f) An offense under this section may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense. (g) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 9. AMENDMENTS This act shall not be amended by the Legislature except by a statute that furthers the purposes, findings and declara- tions of the Act and is passed in each house by roll call vote entered ill the journal, three-fourths of the member- ship of each house concurring, or by a statute that becomes effective only when approved by the voters. SEC. 10. SEVERABILITY If any provision of this Act, or any part of any provision, or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications which can be given effect without the invalid or unconstitutional provision or application shall not be affected, but shall remain ill full force and effect, and to this end the provisions of this Act are severable. SEC. 11. CONFLICIING INIIIATIVES (a) In the event that this measure and another measure addressing parole consideration pursuant to Section 32 of Article I of the Constitution, revocation of parole and post release community supervision, DNA collection, or theft offenses shall appear on the same statewide ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the other measure or measures shall be null and void. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self- executing and given full force and effect. a' ff efil No's A. c.""atcrunia .//./,/::/�/o/oaie OR Be VU11110 A Flroj000fmeCaVonnlmFluuncSarotyPenmemmp|mauosCorn mn�Ce COALITION LIST Elected Officials Assemblyman Jim Cooper (D) Former Assemblyman Mike Gatto ([) CO|U38 COUD[y District Attorney W48[[hew Beauchamp Kings County District Attorney Keith Lee F8gUDde3 Monterey COUD[y District Attorney Dean Flippo Orange County District Attorney Tony R8Ck8UCk83 Riverside County District Attorney W4iCh8e| A. He3[[iD Sacramento County District Attorney Anne Marie Schubert San Luis Obispo County District Attorney Dan Dow Tulare County District Attorney Tim Ward Tuolumne County District Attorney Laura Krieg Former Sacramento County Sheriff John McGinnis Whittier Mayor Joe ViD81ie[i Anaheim City Councilman Steve F8e33e| Monrovia City Councilman Tom Adams Pomona City Councilman Rubio Ramiro Gonzalez San Diego City Councilman Mark Kersey San DiDl83 City Councilman Ryan A.Vienna Public Safety, Community and Business Leaders /\33UCi81iOD Of Deputy District Attorneys Association for Los Angeles Deputy Sheriffs California Business Properties Association California District Attorneys Association California Grocers Association California Police Chiefs Association City OfAlhambra Crime Survivors CEO Patricia Wenskunas Crime Victims United of California Los Angeles Police Protective League R8]ph3GnOCery San Luis Obispo County District Attorney's Victim Witness Director Diana Lynn W4CP8rt|8D Women Escaping a Violent Environment (WEAVE) Pafd for �by Keep Cahfoirinfa Safe, a Piroject of the Cahfoirinfa Pubhc Safety Pairtirwirshfp bsuesCoiffafttee bos Aingekn Pohce Pirotecbve League ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Resolutions g. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 2/16/2018 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 the resolution. BACKGROUND: The subject properties listed in Exhibit Awere in violation of Chapter 8.27 of the Bakersfield Municipal Code, which prohibits maintaining open and abandoned dilapidated structures that constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. 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 owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit Awere 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. An assessment hearing was held on February 12, 2018, by the City Manager designee and all proposed charges were confirmed. The City Council will need to confirm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. ATTACHMENTS: Description ReSdUdOlrl Dedairadoin Type Resokltgirl Exhbt Exhbt RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on February 12, 2018, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A", are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1 (b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the 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" 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, FREEMAN, 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 Deputy City Attorney CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OA 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": 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" which is attached hereto and made a part hereof by this reference in December 2017 and January 2018. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A". 3. Records of the Bakersfield Building Department reflect that on January 19, 2018 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 2018, at Bakersfield, California. David Paquette Code Enforcement Supervisor 1/08/2018 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 1. 018-240-13-00-7 141 Augusta Street Armaondo Vazquez & $150 $852 $1,002 1 Maria Tovar 141 Augusta Street 17-6723 Bakersfield, CA 93307 2. 169-140-01-00-4 440 E Belle Terrace Nathan Daniels Trust $2,900 $852 $3,752 1 1400 Easton Drive Suite 101 17-7264 Bakersfield, CA 93309 3. 139-394-04-00-5 129 Bliss Street Sepideh Soleymanpoor $1,495 $852 $2,347 1 4928 Gaviota Avenue 17-7132 Encino, CA 91436 4. 139-052-02-00-6 205 E California James Ung & $575 $852 $1,427 1 Avenue Gwen Mc Williams 207 E California Avenue 17-7327 Bakersfield, CA 93307 5. 009-511-07-00-9 301 California Avenue Jaime Salazar Jr $1,150 $432 $1,582 1 1 1 1 13 Vista Ridge Drive 17-7696 Bakersfield, CA 93311 6. 018-360-09-00-1 310 Clyde Street Christian Hernandez $0 $420 $420 1 1 150 E 65'" Street 17-7652 Los Angeles, CA 90001 7. 169-140-02-00-7 340 Daniels Lane Nathan Daniels Trust Et Al $1,700 $852 $2,552 1 1400 Easton Drive Suite 101 17-7287 Bakersfield, CA 93309 8. 170-190-28-00-8 3021 Lotus Lane Elvira Garcia Ruiz $0 $666 $666 1 3021 Lotus Lane 17-3968 Bakersfield, CA 93307 9. 018-330-12-01-9 21 Northrup Street JLC Real Est Sery LLC $400 $666 $1,066 1 PO Box 615 17-6421 Bakersfield, CA 93302 10. 018-240-08-00-3 110 S Owens Street Legin Inc $140 $852 $992 1 11701 Buffington Street 17-6739 Bakersfield, CA 93312 11. 172-123-02-00-6 1 1 15 E Planz Road Starlite Mgmt IX LP $500 $852 $1,352 1 4900 Santa Anita Av Ste 2C 17-7299 EI Monte, CA 91731 12. 018-122-11-00-0 1501 Ralston Street Jose Rodriguez $80 $852 $932 1 1501 Ralston Street 17-6744 Bakersfield, CA 93307 13. 518-142-11-00-1 6717Tameside Thomas Long $325 $1,261 $1,586 1 Avenue 6717 Tameside Avenue 17-6168 Bakersfield, CA 93307 14. 139-322-14-00-9 210 Wood Street Olivia Behill $425 $852 $1,277 1 8604 Bridlewood Lane 17-6905 Bakersfield, CA 93311 15. 008-055-09-00-3 226 Beech Street Cynthia Colebrook & $0 $666 $666 2 Bryan Colebrook 226 Beech Street 16-2652 Bakersfield, CA 93304 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 16. 007-372-06-00-9 525 Beech Street Gary James Nowak $0 $666 $666 2 525 Beech Street 16-3512 Bakersfield, CA 93304 17. 007-220-01-00-6 1823 Cherry Street Harolyn Johnson $0 $420 $420 2 PO Box 9724 17-6621 Bakersfield, CA 93389 18. 007-402-09-00-6 405 Cypress Street Harolyn Johnson $205 $666 $871 2 PO Box 9724 17-6204 Bakersfield, CA 93389 19. 011-153-05-00-0 516 EI Prado Drive Carlos Machado & $0 $325 $325 2 Maria Machado 423 A Street Apt B 14-5037 Bakersfield, CA 93304 20. 013-080-04-00-0 725 Jefferson Street Virginia Long $600 $852 $1,452 2 725 Jefferson Street 17-7051 Bakersfield, CA 93305 21. 006-450-16-00-0 1228 K Street Nicolas Sotomayor $190 $666 $856 2 627 Walker Street Apt C 17-6313 Arvin, CA 93203 22. 014-070-01-00-5 401 Niles Street Joe Neuah $0 $420 $420 2 5121 Noble Avenue 17-7482 Sherman Oaks, CA 91403 23. 502-140-01-00-3 90 Portales Real Brookfield Consultants Inc $0 $145 $145 2 1 181 1 North Fy #500 17-7220 Houston, TX 77060 24. 012-071-03-00-4 2900 Union Avenue Thomas Yoon $0 $145 $145 2 2513 San Saba Street 17-8291 Tustin, CA 92782 25. 002-031-17-00-0 910 33rd Street Starlite Management VIII LP $100 $666 $766 2 4900 Santa Anita Av Ste 2C 17-6105 EI Monte, CA 91731 26. 126-032-09-00-7 1317 Columbus Street Minerva Arteaga $0 $666 $666 3 1317 Columbus Street 17-2989 Bakersfield, CA 93305 27. 506-112-09-00-0 7301 Hooper Avenue Ann Cooper Kobdish & $1,340 $666 $2,006 3 Robert Paul Kobdish 7301 Hooper Avenue 17-6099 Bakersfield, CA 93308 28. 531-011-06-00-9 8102 Morningstar Promottora Jardines Del $899 $852 $1,751 3 Avenue Eden Corp 3511 Union Avenue 17-6819 Bakersfield, CA 93305 29. 021-401-02-00-2 2820 Occidental Kent Jayne & Maria Jayne $0 $420 $420 3 Street 9119 Flinders Street 17-7574 Bakersfield, CA 93311 30. 146-041-34-00-1 Unassigned Lester Lyons $250 $666 $916 3 8536 Kern Canyon Road 17-4728 Bakersfield, CA 93306 31. 394-262-01-00-5 9822 Gold Dust Drive Jervern Weldon $0 $333 $333 5 9822 Gold Dust Drive 17-4940 Bakersfield, CA 93311 32. 380-201-06-00-4 7808 Westdumfries Linda Mc Donald $630 $852 $1,482 5 Court 7808 Westdumfries Court 17-5309 Bakersfield, CA 93309 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 33. 384-193-09-00-3 3433 Ginseng Lane Binne Phung Trust $0 $145 $145 6 PO Box 1637 17-6660 Hawthorne, CA 90251 34. 355-171-27-00-3 2109 Glendon Court Charles Lum $0 $420 $420 6 2109 Glendon Court 17-6890 Bakersfield, CA 93309 35. 498-282-05-00-0 5825 Greenhorn Willard Baylon & $0 $118 $118 6 Mountain Court Linda Baylon 5825 Greenhorn Mountain Ct 17-4389 Bakersfield, CA 93313 36. 194-511-27-00-8 1304 La Puente Drive Iberville Limitada LLC $0 $118 $118 6 5008 Shadow Branch Street 17-6473 Bakersfield, CA 93313 37. 355-131-11-00-4 5519 Wilson Road Maria Gutierrez $0 $145 $145 6 3020 Wilson Road 17-8266 Bakersfield, CA 93304 38. 355-131-21-00-3 5512 Wonder Lane Jared Wilson & $0 $145 $145 6 Karyna Wilson 5512 Wonder Lane 17-8271 Bakersfield, CA 93309 39. 515-153-05-00-3 4117 Cyclone Drive Mario Perez $0 $118 $118 7 4117 Cyclone Drive 17-6037 Bakersfield, CA 93313 40. 372-371-01-00-0 17001sil Avenue LAH Holdings LLC $0 $666 $666 7 18135 Sandringham Court 17-3466 Northridge, CA 91326 41. 023-460-11-00-3 1937 Le May Avenue Ismael Avila Alvlardo $0 $666 $666 7 1937 Le May Avenue 17-2972 Bakersfield, CA 93304 42. 023-123-17-00-3 2413 Marshall Street Lucero Ramirez $0 $666 $666 7 2413 Marshall Street 16-6906 Bakersfield, CA 93304 43. 413-131-07-00-6 6413 Monitor Street Sandra Nash $0 $118 $118 7 301 Bay Street 17-6485 Jacksonville, FL 32202 44. 405-210-07-00-3 1919 Planz Road Monique Mc Lean $0 $666 $666 7 PO Box 641 15-6163 Bakersfield, CA 93302 45. 514-020-09-00-9 9248 Stine Road Elite Developments Inc $0 $333 $333 7 144 W Lake Avenue 17-4486 Watsonville, CA 95076 46. 023-580-20-00-4 2708 Villalovos Court Calogero Alaimo & $125 $852 $977 7 Zaida Alaimo 21430 Millard Lane 17-6773 Cupertino, CA 95014 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 2/20/2018 iTiff-11 1.1 SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 658 located along the south side of Taft Highway, approximately 492 feet east of Hughes Lane. Use of a previously adopted Negative Declaration will also be considered. Staff recommends adoption of the resolution. BACKGROUND: PROJECT SUMMARY: The resolution proposes an application to be submitted to the Kern County Local Agency Formation Commission (LAFCo) for the annexation of uninhabited territory into the City of Bakersfield known as Annexation No. 658 (Taft No. 2). The territory is adjacent to the City limits and is within the City's Sphere of Influence boundary. This annexation also has 100 percent property owners consent to annex. BACKGROUND: The project site includes two adjacent parcels and road right-of-way. The eastern parcel is 2.38 acres and is developed with a truck fueling/weigh station. The western parcel consisting of approximately 12 -acres is undeveloped. The land owner processed a Zone Change request (ZC No. 16-0365) on the western parcel to change the pre -zoning from CityA (Agriculture) to City M-1 (Light Manufacturing) to be consistent with the existing LI (Light Industrial) and Sl (Service Industrial) land use designations and surrounding uses. No change in land use or zoning is proposed for the eastern developed parcel. This property will be annexed under the current Sl (Service Industrial) land use designation and M-2 (General Manufacturing) zone district. ANNEXATION PROJECT DESCRIPTION: Annexation No. 658 (Taft No. 2) encompasses 14.72 total acres located along the south side of Taft Highway approximately 492 feet east of Hughes Lane. The site consists of an existing truck weigh and maintenance station and a vacant parcel of land that is proposed for future industrial uses. The property owners, Bakersfield 119, LLC, have requested this annexation for development purpose and to receive City services. The site is designated Sl (Service Industrial) and LI (Light Industrial) by the Metropolitan Bakersfield General Plan Land Use Element and pre -zoned M-2 (General Manufacturing) and M-1 (Light Manufacturing). SURROUNDING LAND USES: Surrounding land uses includes undeveloped land, agriculture uses and mini-market/gas stations to the north, an industrial complex with multiple service type uses to the east, agricultural land and a sump to the south and vacant and/or agricultural uses and a small residential neighborhood to the west. ENVIRONMENTAL REVIEW AND DETERMINATION: This annexation was part of a larger project known as ZC No. 16-0365. Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project (ZC No. 16-0365), and a Mitigated Negative Declaration was adopted on February 21, 2018. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. PROPERTY TAX NEGOTIATIONS. The exchange of property tax revenues for this annexation is covered under the Master Tax Split Agreement (Memorandum of Understanding 15-277) between the City of Bakersfield and the County of Kern. ATTACHMENTS: Description Type D ReSOlLlt'iOlrl/k1pIpiroviirig/kiriiriexati'ioiri/k1pIpIli'cati'ioiriwi'itJWiExii'ilbits Resokltblrl RESOLUTION NO. A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 658 LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, APPROXIMATELY 492 FEET EAST OF HUGHES LANE. (WARD 7) WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter -described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located along the south side of Taft Highway, approximately 492 feet east of Hughes Lane; and WHEREAS, the City agrees to serve the territory upon annexation; and WHEREAS, the property owners of the territory have consented to annexation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: 1. The above recitals, incorporated herein, are true and correct 2. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" for the project attached hereto and made a part of this resolution as though fully set forth herein, located along the south side of Taft Highway, approximately 492 feet east of Hughes Lane. 3. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein. 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith. 5. That the reasons for the proposed change of organization are that the owners of the affected territory desire to receive municipal services from the City of Bakersfield and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 6. That this proposed annexation territory and the prezoning therefore was adopted by the City Council and a Mitigated Negative Declaration for the annexation is determined to be adequate for the annexation proposal. 7. That the laws and regulations relating to the preparation of a Mitigated Negative Declaration as set forth in the California Environmental Quality Act have been duly followed. 8. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. 9. That the territory proposed for annexation as described herein has been determined to have 100% property owners consenting to annexation. 10. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence boundary. 11. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000. 12. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Christopher Gerry Acting City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 13. That the appropriate City officials shall file the (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309. ---------000-------- 2 HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney EXHIBITS: A - Legal Description B -Map C - Plan for Services CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 EXHIBIT "A" ANNEXATION NO. 658 — "TAFT NO. 2" TO THE CITY OF BAKERSFIELD THAT PORTION OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 27 EAST, AND A PORTION OF THE SOUTHERLY 30 FEET OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 1, SAID POINT ALSO BEING THE INTERSECTION OF TAFT HIGHWAY (SR VI-KER-119) AND HUGHES LANE (COUNTY ROAD No. D-995), THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, SOUTH 89003'15" EAST, 486.25 FEET TO THE POINT OF BEGINNING: THENCE (1) DEPARTING FROM SAID NORTH LINE, NORTH 00°47'26" EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TAFT HIGHWAY, A DISTANCE OF 30.00 FEET; THENCE (2) ALONG SAID NORTH RIGHT-OF-WAY, SOUTH 89°03'15" EAST, 173.39 FEET; THENCE (3) DEPARTING FROM SAID NORTH RIGHT-OF-WAY, SOUTH 00°56'45" WEST, A DISTANCE OF 60.00 FEET, TO A POINT ON THE SOUTH RIGHT- OF-WAY OF SAID TAFT HIGHWAY; THENCE (4) ALONG SAID SOUTH RIGHT-OF-WAY, SOUTH 89°03'15" EAST, A DISTANCE OF 28.48 FEET; THENCE (5) DEPARTING FROM SAID SOUTH RIGHT-OF-WAY, SOUTH 00°47'26" WEST, A DISTANCE OF 25.00 FEET; THENCE (6) SOUTH 89°03'15" EAST, A DISTANCE OF 300.00 FEET, TO THE NORTHWEST CORNER OF THAT CERTAIN CERTIFICATION OF COMPLETION OF CITY OF BAKERSFIELD ANNEXATION No. 626, RECORDED DECEMBER 3, 2010, AS DOCUMENT No. 0210167903, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE (7) ALONG SAID CORPORATE BOUNDARY, SOUTH 00°47'26" WEST, A DISTANCE OF 1250.33 FEET; THENCE (8) DEPARTING FROM SAID CORPORATE BOUNDARY, NORTH 88°21'43" WEST, A DISTANCE OF 501.77 FEET; THENCE (9) NORTH 00°4726" EAST, A DISTANCE OF 1299.27 FEET, TO THE POINT OF BEGINNING; CONTAINS 14.72 ACRES, MORE OR LESS VA �, '� • l• ISy Q qrF OF c CHECKED by KERN COUNTY SURVEYOR'S OFFICE Date a�/,3b7 Approved by i m N D c/i _m . 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 2/9/2018 iTiff-11 1.1 SUBJECT: Emergency sewer repair at the intersection of Harris and Ashe Roads: 1. Resolution dispensing with bidding procedures due to emergency sewer repairs at the intersection of Harris and Ashe Roads at the Arvin -Edison Canal, and authorizing Rain for Rent and Granite Construction Company to perform necessary repairs (not to exceed $525,000). 2. Appropriate $525,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget. STAFF RECOMMENDATION: Staff recommends approval of the resolution and appropriation. BACKGROUND: On February 5, 2018, City staff responded to a call regarding a sink hole on the west side of Ashe Road, just south of Harris Road, at the Arvin -Edison Canal crossing. Upon investigation, City staff discovered the top portion of the 30 -inch concrete sewer pipe main had deteriorated, collapsed, and washed out a section of both the Ashe Road and Harris Road roadbed. The Public Works Director was informed the repairs could not be made by City staff alone. After assessing the condition of the Ashe Road sewer line and condition of the two roadways, the Public Works Director declared these conditions to be an emergency requiring work, supplies, equipment, and materials urgently necessary for the preservation of life, health, and property. To remedy this emergency, the Public Works Director authorized Rain for Rent to immediately mobilize and set up a by-pass for the 30 -inch sewer line to prevent further deterioration of the roadway. The Public Works Director also authorized the hiring of Granite Construction Company to stabilize the roadway from further collapse and to replace the 30 -inch pipeline on a time -and - material basis since they had the necessary material, equipment, and expertise to timely repair the sewer line and roadways to get them back in operation as soon as possible. This resolution finds the work performed by Rain for Rent and Granite Construction was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. The resolution also authorizes the Finance Director to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. The expenditure of funds to Rain for Rent, Granite Construction, and any related sub -contractors, contractors, material suppliers and rental companies described herein for the work, supplies, equipment and materials shall not exceed $525,000. This administrative report also recommends the appropriation of $525,000 of Sewer Enterprise Fund balance to fund this emergency repair. There is no General Fund impact associated with this work. F-11 i all M I ��i 14 LI k &I Description D ReSdUdOlrl Type Resokltblrl RESOLUTION NO. A RESOLUTION DISPENSING WITH BIDDING PROCEDURES DUE TO EMERGENCY SEWER REPAIRS AT THE INTERSECTION OF HARRIS ROAD AND ASHE ROAD AT THE ARVIN- EDISON CANAL, AND AUTHORIZING RAIN - FOR -RENT AND GRANITE CONSTRUCTION COMPANY TO PERFORM NECESSARY REPAIRS, NOT TO EXCEED $525,000 WHEREAS, at approximately 10:00 AM on Monday, February 5, Streets Division staff responded to a call regarding a sink hole on the west side of Ashe Road, just south of Harris Road, at the Arvin -Edison Canal crossing; and WHEREAS, upon investigation, Streets Division staff discovered that the top portion of the 30 -inch concrete sewer pipe main had deteriorated, collapsed and washed out a section of both the Ashe Road and Harris Road roadbed; and WHEREAS, the Public Works Director was informed that the repairs could not be made by City staff alone; and WHEREAS, after assessing the condition of the Ashe Road sewer line and condition of the two roadways, the Public Works Director declared these conditions to be an emergency requiring work, supplies, equipment and materials urgently necessary for the preservation of life, health and property; and WHEREAS, to remedy this emergency, the Public Works Director authorized Rain for Rent to immediately mobilize and set up a by-pass for the 30 -inch sewer line to prevent further deterioration of the roadway; and WHEREAS, the Public Works Director also authorized the hiring of Granite Construction Company to stabilize the roadway from further collapse and to replace the 30" pipeline on a time -and -material basis since they had the necessary material, equipment and expertise to timely repair the sewer line and roadways to get them back in operation as soon as possible; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield C:\Program Files (X86)\Neevio.Com\Docconverterpro\Temp\NVDC\D057008C-75F3-4BFC-B3A3- 2B2AD6E7F24E\Pdfconvert.10577.1.Ashe_H arris_Emerge ncy_Reso. Docx -- Page 1 of 3 Pages -- as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Based on the facts included in the above recitals, the work performed by Rain for Rent and Granite Construction Co. was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds to Rain for Rent, Granite Construction Co. and any related sub -contractors, contractors, material suppliers and rental companies described herein for the work, supplies, equipment and materials must not exceed $525,000. -------- 0000000-------- C:\Program Files (X86)\Neevio.Com\Docconverterpro\Temp\NVDC\D057008C-75F3-4BFC-B3A3- 2B2AD6E7F24E\Pdfconvert.10577.1.Ashe_H arris_Emerge ncy_Reso. Docx -- Page 2 of 3 Pages -- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: JIM COUNCIL MEMBER RIVERA, GONZALEZ, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY ANDREW HEGLUND Deputy City Attorney AH:dII CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield C:\Program Files (X86)\Neevio.Com\Docconverterpro\Temp\NVDC\D057008C-75F3-4BFC-B3A3- 2B2AD6E7F24E\Pdfconvert.10577.1.Ashe_H arris_Emerge ncy_Reso. Docx -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/15/2018 WARD: Ward(s)1, 2 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. 1955 adding Area 4-177 (1325 Niles Street) — Ward 2 2. ROI No. 1956 adding Area 5-93 (400 Old Yard Drive) — Ward 1 3. ROI No. 1958 adding Area 1-120 (410 Real Road) —Ward 2 4. ROI No. 1959 adding Area 4-178 (1109 Stockton Street) — Ward 2 5. ROI No. 1960 adding Area 4-179 (705 32nd Street) — Ward 2 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 has received a letter from the owner(s) of the properties described above that waives the public hearing concerning inclusion in the consolidated maintenance district. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the consolidated maintenance district and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's Office upon approval of this resolution. City staff recommends the new territories be added to the consolidated maintenance district at the next City Council meeting. ATTACHMENTS: Description D RG#1955 add ing /kirea 4...'177 to the CU) D D 4 '177 Exhbtl D �M D 4 '177 Exhbt/k D D 4 '177 ExhbtB D �M D 4 '177 ExhbtC D D 4 17 7 Exh lb i'i t D D D 4 17 7 Exhbt E D D 4 17 7 Exhbt F D RG#1956 adding /kirea 5 93 to the CU) D MD 5 93 EkNbtl D MD 5 93 EkNbt/k D MD 5 93 EkNbt IB D MD 5 93 EkN b t C D MD 5 93 EkNbt D D MD 5 93 EkNbt E D MD 5 93 EkNbt F D RGI #1958add inghreal 120tea the CW) D D 1 '120 Exhbtl D D 1 '120 Exhbt/k D D 1 120 Exhbt IB D �M D 1 120 Exhbt C D D 1 120 Exhbt D D �M D 1 120 Exhbt E D D 1 120 Exhbt F D RG#1959 adding /kirea 4...'t'78 to the CU) D D 4..'t'78 Exhbtl D D 4 17 (13 Exh lb t /k D D 4 17 (13 Exh lb t IB D D 4 17 (13 Exh lb t C D D 4 17 (13 Exh lb t D D D 4 17 (13 Exh lb t E D D 4 1(3 Exh lb t F D RG#1960 adding /kirea 4...'t'79 to the CU) D MD 4 '179 Exhbtl D MD 4 '179 Exhbt/k D MD 4 '179 Exhbt IB D MD 4 '179 Exhbt C 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 Resokltblrl Exhbt Exhbt Exhbt Exhbt 03107118CCAGENDAPACKETPG 175 MD 4 '179 Exhbt D Exhbt MD 4 '179 Exhbt E Exhbt MD 4 '179 Exhbt F Exhbt RESOLUTION OF INTENTION NO. 1955 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-177 (1325 NILES STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 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 4-177 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-177\ROI 1955 EST.docx Page 1 of 3 03/07/18 CC AGENDA PACKET PG 177 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-177\ROI 1955 EST.docx Page 2 of 3 03/07/18 CC AGENDA PACKET PG 178 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIN ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-177\ROI 1955 EST.docx Page 3 of 3 03/07/18 CC AGENDA PACKET PG 179 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-177 Fiscal Year 2017-2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1325 Niles Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been S:\PROJECTS\MAINDIST\Fonnation Docuinents\Area4\MD 4-177\PW DIRECTOR'S REPORT.docx EXHIBIT 1 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 2017-2018 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\IVIAINDIST\Fonnation Docuinents\Area 4\1VID 4-177\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-177 An area located in Section 28, Township 29, Range 28 M.D.B. & M., more particularly described as follows: CUP 17-0022 1325 Niles Bakersfield California Containing: 0.26 Acres, more or less. I *AV : I 1 1.1111 W-11 EXHBff-���� 03107118 CC A GENDA PA CKET PG 183 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 MAINTENANCE DISTRICT AREA 4-177 Said assessment is made in accordance with the benefit formula attached hereto. 2017-2018 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 Assessor's Tax No. 015-250-05-00-6 Total Date: MAINTENANCE DISTRICT AREA 4-177 ASSESSMENT ROLL FISCAL YEAR 2017-2018 Total amount to be collected for FY (2017-2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 lflnnw =Mrww!16111111111! !01111 KR►MIITOHI=p-M= City of Bakersfield - Public Works Department Attn: Daniel Padilla 160!0 Truxtun Avenue i Bakersfield, California 93301 Ing =!Mid TTITM. IM. IM. M. .N .• I'M lwffi�Affii ILA ZS Respectfully, Norma Diaz, Trustee Irrevocable Trust RJIFI A-477 �,wkikif IC 03107118 CC A GENDA PA C PG 187 RESOLUTION OF INTENTION NO. 1956 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-93 (400 OLD YARD DRIVE) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and/or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5-93 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5-93\R0I 1956 EST.docx Page 1 of 3 03/07/18 CC AGENDA PACKET PG 188 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5-93\R0I 1956 EST.docx Page 2 of 3 03/07/18 CC AGENDA PACKET PG 189 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIN ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5-93\R0I 1956 EST.docx Page 3 of 3 03107/18 CC AGENDA PACKET PG 190 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-93 Fiscal Year 2017-2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 400 Old Yard Drive 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 Index. However, parcels will not be assessed until park and/or street landscaping have been S:\PROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5-93\PW DIRECTOR'S REPORT.docx EXHIBIT 1 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 2017-2018 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 5\1\4D 5-93\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 5-93 An area located in Section 8, Township 30, Range 28 M.D.B. & M., more particularly described as follows: SPR 17-0200 400 Old Yard Drive Bakersfield California Containing: 0.83 Acres, more or less. I *AV : I 1 1.1111 W-11 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-93) TO THE CONSOLIDATED MAINTENANCE DISTRICI BAKERSFIELD, CALIFORNIA 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 MAINTENANCE DISTRICT AREA 5-93 Said assessment is made in accordance with the benefit formula attached hereto. 2017-2018 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 Assessor's Tax No. 170-300-07-00-8 Total Date: MAINTENANCE DISTRICT AREA 5-93 ASSESSMENT ROLL FISCAL YEAR 2017-2018 Total amount to be collected for FY (2017-2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 Attn: Daniel Padilla 1600 Truxtun Avenue iI Bakersfield, California 93301 �-�O I�01 OWN, r. -r �tj �-#IMGTR k =j We, the undersigned, as owners of the property included within (6hoose one of the followingParcel Map, - na ailveFF * No,&M - t-) - ci,'00 hereby request that the property be included within, the CMD. This request is in accordance with the requlirementsi of Bakersfield Municipal Code Section 13.04.021. Enicloised is a check for $ 8_1 - oo as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will s,uppily you with a computer disk copy of the map for your use. We understandthat under Propsition 218i and Government Code section 53753 aw"'), a City Council' hearing will be held ♦for ♦purposes of including the applicable I above property within the C,MD and determining the arnount of assessments. We hereby waive our right to have a hearing within the time par�meters set forth in the appl'icable law. We further understand that the hearing is scheduled for 20 at 5:1�5; in the Council Chambers located at 1501 Truxtun Ave., Bakersfie 93301. We hereby waive our right to further notice of that hearing. I pectful' (Narne) (Title) RESOLUTION OF INTENTION NO. 1958 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-120 (410 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 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 1-120 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 1\1\4D 1-120\R0I 1958 EST CMD.docx Page 1 of 3 03/07/18 CC AGENDA PACKET PG 199 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 1\1\4D 1-120\R0I 1958 EST CMD.docx Page 2 of 3 03/07/18 CC AGENDA PACKET PG 200 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN 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 F S:APROJECTS\MAINDIST\Eonnation Docuinents\Area 1\1\4D 1-120\R0I 1958 EST CMD.docx Page 3 of 3 03107/18 CC AGENDA PACKET PG 201 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-120 Fiscal Year 2017-2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 410 Real Road 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 1\MD 1-120\PW DIRECTOR'S REPORT.docx EXHIBIT 1 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 2017-2018 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 1-120\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 1-120 An area located in Section 35, Township 29 S, Range 27 E M.D.B. & M., more particularly described as follows: S P R 17-0408 410 Real Rd Bakersfield California Containing: 0.26 Acres, more or less. I *AV : I 1 1.1111 W-11 03107118 CCAGENDA PACKET'205 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 MAINTENANCE DISTRICT AREA 1-120 Said assessment is made in accordance with the benefit formula attached hereto. 2017-2018 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 Assessor's Tax No. 020-150-29-00-5 Total Date: MAINTENANCE DISTRICT AREA 1-120 ASSESSMENT ROLL FISCAL YEAR 2017-2018 Total amount to be collected for FY (2017-2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 Inclusion of a Subdivision into the Consofi:dud d Maintenance District (LE'T''IERHEAD) 6 (Date) C 'J"if V,021 (:'.ity of Bakeirsfiddb - PLAAC Works Depaftment AftnDanieIPadHla 1600 "Fruxtun AVEmue Bakersfield, Cairfornia 93301 Dear Mr- PacfiHa� IRE: liriclusion of (choa sc,. onc of tt�e foliovong) 'I"ract Map - Flarcel Map - Parcel Map Waiver No,. in a Consolidated Maintenance District (CMD) We, ffie undersign( -,,,d, as owners of thic propefty liurncdd.ud ed w�tf-6n (cfwo,,,3c of the fonomflua) -rract, Map - IN arced Map - ParceN Kip Waiver - INo,- hereby request that the propefty be incLidecl wfthrn the CMD, T'Ns request Niru accordance with thie� rec"juirements of Bakersfield MunicipaCir,dde Sectioiri 13 04 021, Enclosed is a he City to r,.over the costs of this inchziori a check for $ s reqIUH ed by t� irft tl-,ue CME), If reqUestc.-xi, Oujr eng�neer wfli suppy you wth a compUter disk d:,opy of the rnap fCK YOLW use, We understand that undier F"ropositron 218 and Governrneint Code section 53753 ("applicable law"), a City Coun6l hearing wHi be h6d fon,- purposes, c)f in6ucfing UIE� above property withn the CMD and determning thine, an'TOLin't of assess rn en ts, We hereby waive, ouir right to have a hearing within the tirne set ftnth in the appHc,aUle Naw, We Further understand that the hear-Nnis sichedOeid 20 at 5:15 Nn the COUncH Chambers iocated at '1501 Truxtun Ave., Bakersfi6ld, CA 93301 We hereby wave (mir right to fUrther nofice of tt'iathea6ng Respectf"Oly (Narne) L Title) . .. . .. .. ... I .. ... .. /—,— I'/"/'r-_ RESOLUTION OF INTENTION NO. 1959 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-178 (1109 STOCKTON STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 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 4-178 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-178\R0I 1959 EST.docx Page 1 of 3 03/07/18 CC AGENDA PACKET PG 210 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-178\R0I 1959 EST.docx Page 2 of 3 03/07/18 CC AGENDA PACKET PG 211 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIN ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-178\R0I 1959 EST.docx Page 3 of 3 03/07/18 CC AGENDA PACKET PG 212 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-178 Fiscal Year 2017-2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 1 109 Stockton Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-178\PW DIRECTOR'S REPORT.docx EXHIBIT 1 03107118 CC A GENDA PA CKET PG 213 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 2017-2018 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 4-178\PW DIRECTOR'S REPORT.docx EXHIBIT 1 03107118 CC A GENDA PA CKET PG 214 LEGAL DESCRIPTION Area 4-178 An area located in Section 29, Township 29, Range 28 M.D.B. & M., more particularly described as follows: CUP 17-0133 1109 Stockton Street Bakersfield California Containing: 0.17 Acres, more or less. I *AV : I 1 1.1111 W-11 NOT TO SCALE EXHIBI'7'oBw I 03107118 CC A GENDA PA CKET Pb 21 b 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 MAINTENANCE DISTRICT AREA 4-178 Said assessment is made in accordance with the benefit formula attached hereto. 2017-2018 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 Assessor's Tax No. 014-190-12-00-2 Total Date: MAINTENANCE DISTRICT AREA 4-178 ASSESSMENT ROLL FISCAL YEAR 2017-2018 Total amount to be collected for FY (2017-2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 Inclusion of a Subdivision into the ("Oons,off dated Mah'itenaim.e Distir°ict (LETTERFIEAD) (Date) City of Bakersfield - F uNic WorksDeparfrnerit Attin1)anpel 1:11 ill 1600 Truxtun Avenue BakersfieK CaVornia 93301 Dear Mr. Fladfflw RE Inclusion of ((shoose mi'm of the --Pm-4,M-&p-- walve'r'.4�- in a Consolidated Ma�ntenance District (CMD) We, the, U ride rs ig nn d, as ow m('.,,,rs of the property inClUded within (crhoose one of the fbllowing) 4�R4,et- Maf-�- 2-44-4:43,E4 I' J�hereby lot request that theproperty be included wifl'fln the CMD I'Ns reqUest ns in w';,cor-dance with the requirements of BakersfiOd Municipal Code Slectior"i 13.104M1 r Enclosed �s a check for $,SjLnpOi as reqUired by the City to cover fi-iie (,-;osts of this inclusion irito the GME). If reqUested, our' engineer Will SUPPIY YOU with a cornputer disk r..,opy of fi'ie rnap foryour use,. We understand that tmider Proposition 218 and Goverranient Code secfion 53753 ("applicable law"), a City, Councfl hearing Ml be held fn ' pUrposes of including the above proj'.)efty within the CMD and determining the arnount ofassesslTients. We hereby waive OW" r'ight tO have a heariing within the firne pararneter's set foifth ill 4 the appHicable law. We ftflthe' Understand that the hearing is scheduled fawn ............. 20 at 5:15 in the COLHICH Chambers tostemat 1501 TrUXtUn Av'e., Bakersfield, (."'A 93301, We t-iiereby waive Mfff-igllt tO fUrther nofice of fl'iat hearing. RespeCtftffly, (Nan7e) p��r '00�, 0 AkBiu (Title) RESOLUTION OF INTENTION NO. 1960 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-179 (705 32ND STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 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 4-179 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-179\R0I 1960 EST.docx Page 1 of 3 03/07/18 CC AGENDA PACKET PG 221 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:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-179\R0I 1960 EST.docx Page 2 of 3 03/07/18 CC AGENDA PACKET PG 222 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney LIN ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:APROJECTS\MAINDIST\Fonnation Docuinents\Area 4\1\4D 4-179\R0I 1960 EST.docx Page 3 of 3 03/07/18 CC AGENDA PACKET PG 223 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-179 Fiscal Year 2017-2018 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 705 32nd Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been S:\PROJECTS\MAINDIST\Fonnation Docuinents\Area4\MD 4-179\PW DIRECTOR'S REPORT.docx EXHIBIT 1 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 2017-2018 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\IVIAINDIST\Fonnation Docuinents\Area 4\1VID 4-179\PW DIRECTOR'S REPORT.docx EXHIBIT 1 LEGAL DESCRIPTION Area 4-179 An area located in Section 19, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 17-0034 705 32nd Street Bakersfield California Containing: 0.11 Acres, more or less. I *AV : I 1 1.1111 W-11 lqo) TO SCALE EXHOIT'OB"' I 03107118 CCAGENDA PACKETPG 227 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 MAINTENANCE DISTRICT AREA 4-179 Said assessment is made in accordance with the benefit formula attached hereto. 2017-2018 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 Assessor's Tax No. 002-051-22-00-0 Total Date: MAINTENANCE DISTRICT AREA 4-179 ASSESSMENT ROLL FISCAL YEAR 2017-2018 Total amount to be collected for FY (2017-2018) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *:/:Il1.1ki4 Inclusion of a Stibdivision into the ("onsofidatecl Maintenance District MUNOZ CON&rRUCTION 6311TOBAGO COURT', BAKERSFIELD, CA Jal')Uary 12, 2018 City of IBakersfieid , Put)fic Works DepartmenI Attn: Danie� PadMa 16001 ruxtun Avenue Bakersffeid, California 93301 Dear Mr. Padfllw RE: Incitision of APN 002-051-22 inn C.onsolidated Maintenance District (CMD) We, the Undersigned, as ownier's of the property im;,luded wliff'fln F)AI 002-051-22 hereby request that the property be included within the CIViD, _i t" request is in accordance with the requirements u BakersfieH Munic',Jp�,'fl C('Kie Section 13.04,021 Ertclosed is a check for 871.00 as mqtJred by the (',jty to cov(,:)r' the u,-osts of anis inclusion 4')to the CMD, If reiquested,, ot,ur engirieer wffl SUPPly YOU Mfi a cornputer disk copy of the Firap for y1om use. We understand that under PrIDPOSition 218 and over nrnent Code section 53753 ("applicable law"), a City Council hearing wifl be held for purposes of irickidinig the above property within ffie CME) and ir,:Ietermining the aimoLnit of assessments. VJc-,., hereby waive our rigl,-it do have a hearing witNin the firne parameters set foirth in 1he appiicabinn law, We further understarud that the hearing is schedLflied for 2018 at 5:15 irthe C"'ouncH ttnn irunbnin" sIlocated at 1501 Truxttm Ave,, Bakersfield, CA x;43301. We hereby waive our right tutu further notice of that hearing. Roberto IMurroz Owner ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements k. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/6/2018 iTiff-11 1.1 SUBJECT: Agreement with National Retail Properties ($168,000) to purchase real property at 1 st and V Street for a drainage basin. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City has developed plans to improve the drainage system in the Union Avenue and Brundage Lane area. The design plans determined that a new sump was needed. A suitable site was located at the southeast corner of V and 1st Streets. The site being acquired consists of 41,960 square feet of vacant, commercially zoned land and is located behind the Carquest Auto Parts store on Union Avenue. The purchase price of $168,000 represents the property's fair market value as established by an appraisal prepared by Michael Burger and Associates. The project is being funded by Sewer Enterprise funds. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint AGREEMENT NO. CONTRACT TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation ("BUYER" herein), and NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership ("SELLER" herein). RECITALS: WHEREAS, SELLER holds fee title to approximately 1.66 acres of land at the southwest corner of Union Avenue and 1 st Street in Bakersfield, California, which consists of two tax assessor parcels. The eastern parcel is known as 25 Union Avenue, Bakersfield, California (APN 010-102-04-00-8), and is currently developed with an auto parts store. The western parcel is known as 141 1St Street, Bakersfield, CA (APN 010-102-05-00-1), and is currently vacant land; and WHEREAS, BUYER has determined a need for a 41,960 square foot portion of APN 010-102-05, the vacant parcel, of SELLER'S Property for the purpose of a drainage basin and has authorized its purchase, hereinafter "Property"; and WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for purchase by BUYER of The Property and improvements thereon described in Exhibit "A," and as shown on the drawing marked Exhibit "B," attached hereto and incorporated herein by this reference; and WHEREAS, it is the intent of the parties that the purchase price is to include any and all claims for compensation and/or payment arising from this acquisition, NOW, THEREFORE, incorporating the above recitals herein, BUYER and SELLER mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase the Property in accordance with all the covenants and conditions set forth in this Agreement. CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 1 of 12 2. PURCHASE PRICE. BUYER will pay SELLER the purchase price of $168,000 for the Property. This amount represents the Property's fair market value as established by an independent appraisal prepared by Randy K. Merriman, MAI, SRA. This amount includes any and all claims by SELLER for compensation arising from this transaction. Prior to the close of escrow BUYER shall deposit the purchase price and closing costs into an escrow account with Naida Carlton at Ticor Title Company (herein "Escrow Holder"), located at 10000 Stockdale Hwy., Suite 101 Bakersfield, CA 93311. 3. BUYER'S CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. Each of these contingencies must be satisfied prior to any obligation of the BUYER to become effective. The failure to complete these contingencies within the time stated, or within any mutually -agreed extended time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages: 3.1 Financing. Availability of funds for this acquisition; 3.2 City Council Approval. Approval of the purchase agreement by the Bakersfield City Council; 3.3 Preliminary Title Report and Documents. Within ten working days of execution of this Agreement by all parties, the following shall occur: 3.3.1 BUYER shall obtain a preliminary title report (herein "PTR") concerning the Property, issued by Escrow Holder, together with copies of reproducible documents referred to in such PTR, if any; 3.3.2 SELLER shall provide BUYER copies of all currently effective unrecorded licenses, or other agreements known to SELLER and relating to the Property; 3.3.3 BUYER shall deliver to Escrow Holder and SELLER its written approval or disapproval of any exceptions to the title referred to in paragraphs 3.3.1 and 3.3.2 above within ten working days after BUYER's receipt thereof. If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure all of said exceptions, then BUYER shall have the right CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 2 of 12 either to accept title to The Property subject to said exceptions, thereby waving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER's election within the ten working days after receipt of SELLER's election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER sha►I be entitled to the prompt return of all funds deposited by BUYER with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay; 3.4 Title Insurance. Escrow Holder will issue a CLTA title policy, at BUYER's cost, insuring title in BUYER's name in an amount equal to the purchase price; 3.5 Site Assessment. A favorable phase I environmental site assessment to be performed by BUYER; 3.6 Documents. The delivery of all documents and the due performance by SELLER of each and every undertaking and agreement to be performed by SELLER under this Agreement; 3.7 Matgrial Change. No material change, as hereinafter defined, shall have occurred with respect to the Property which has not been approved in writing by BUYER. For purposes of this Agreement, a "material change shall be a change in the status of the use, occupancy, tenants, or condition of the Property as reasonable expected by the BUYER, that occurs after the date of this Agreement and prior to the close of escrow. BUYER shall have twenty days following receipt of written notice from any source of any such material change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of escrow. 3.8 No Existing Leases and Tenancy Statements. SELLER represents that there are no leases, subleases, or rental arrangements (herein the "existing leases") other than the existing lease with Genera► Parts Distribution, LLC ("CarQuest"), which lease will be amended to delete the Property therefrom prior to close of escrow and shall provide BUYER proof of same; CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 3 of 12 3.9 Reports. SELLER shall within five working days of the date of this Agreement provide BUYER with copies of the existing title policy, survey and phase I environmental report relating to 1.66 acres of land of which the Property is a part. BUYER acknowledges, understands and agrees that BUYER is relying exclusively on its investigations of the Property, and that any third party reports or any other data or information provided to BUYER is solely provided as an accommodation to assist BUYER with its investigations. Consequently, BUYER does not have any rights against SELLER or the preparers of any third party reports for any data provided or not provided; 3.10 Unrecorded Title Matters. SELLER has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, liens, charges, or other matters which affect the title of the Property that are not recorded in the Official Records of the Kern County Recorder; 3.11 Possessory Rights. SELLER has no actual knowledge that anyone or any entity will, at the time of the closing, have any right to possession of the Property, except as disclosed by the preliminary title report. All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and may be elsewhere herein referred to as "BUYER's contingencies." If the above contingencies are not met or waived within sixty (60) days from the date of this Agreement then either party may terminate this Agreement by notice given to the other party within ten (10) days after the expiration of such sixty (60) day period. Upon such termination, neither SELLER nor BUYER shall have any further liability hereunder. 4. SELLER'S WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER: 4.1 Authori of SELLER. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer the property to the BUYER as set forth in this Agreement; 4.2 Legal Proceedings. SELLER has no actual knowledge of any actions, lawsuits, or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court, or tribunal that would affect the Property or the right to occupy or utilize same; CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 4 of 12 4.3 Bankruptcy Proceedings. SELLER is not the subject of a bankruptcy, insolvency, or probate proceeding and has no notice of knowledge that any tenant, lessee, or other person/entity possessing an interest in the Property is the subject of a bankruptcy or insolvency proceeding. As used in this Agreement the term or phrase "known to Seller", "Seller's knowledge" or "Seller has no actual knowledge" or words of that import shall mean the actual knowledge of Kristin Furniss, Senior Vice President — Asset Management, without any independent investigation or duty to investigate. 5. BUYER'S WARRANTIES. BUYER makes the following warranties and representations to SELLER: 5.1 The execution and delivery of this Agreement by BUYER have been duly authorized by all requisite parties, and the person executing this Agreement on behalf of BUYER has the authority to do so; 5.2 This Agreement constitutes the legal, valid and binding obligation of BUYER, enforceable in accordance with its terms. 5.3 Performance under this Agreement will not result in any breach of, or constitute any default under any agreement or other instrument to which BUYER is a party, or by which BUYER might be bound. SELLER and BUYER acknowledge and agree that the representations and warranties contained in this Agreement, including, but not limited to, those representations and warranties contained in this Section 4, are the sole representations and warranties of the parties, and that such representations shall survive closing for and shall expire upon the date that is one hundred eighty (180) days after the date of closing ("Survival Period"). Any suit for any claim for breach or violation of any representation or warranty of SELLER and BUYER must be filed within one hundred eighty (180) days of the date of closing. Should suit not be filed within one hundred eighty (180) days of the date of closing then no claim shall remain for breach or violation of any said representation or warranty. 6. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER marketable fee simple title to the Property free subject to all recorded and unrecorded liens, encumbrances, assessments, easements, licenses, leases, and CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 5 of 12 taxes, excepting any mortgages or other monetary encumbrances placed upon the property by SELLER, which shall be releases as to the property prior to closing and any matters SELLER elects to cure pursuant to Paragraph 6. The amount of any bond or assessment which is a lien shall be paid by SELLER, subject to approval of title report. SELLER shall execute a Grant Deed which conveys title as described herein to the Property to BUYER and deliver same to Escrow Holder within fifteen (15) days of the opening of escrow. Any and all water and mineral rights accruing to the Property, if any, shall also be transferred to BUYER without reservation. 7. CLOSING COSTS. BUYER shall pay for (i) any transfer taxes or recording taxes required to be paid with respect to the Grant Deed, if any; (ii) the premium and related charges for any title insurance; (iii) the costs of any survey of the Property obtained by BUYER and all other costs of BUYER's inspections of the _Property; (iv) the cost of recording said Deed and other instruments of conveyance; and (iv) any escrow fee. Each of BUYER and SELLER shall bear its own attorneys' fees. All real property taxes and assessments accruing up to the close of escrow. SELLER shall fully pay the amount of any bond or assessment which is a lien upon the Property prior to the close of escrow. 8. ESCROW INSTRUCTIONS. Within fifteen working days of execution of this Agreement by all parties, each shall deliver to the Escrow Holder any appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of the Property. BUYER and SELLER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement, in form reasonably acceptable to the parties; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. 9. CLOSING DATE. Escrow shall close no later than thirty days after the satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties. In no event shall the escrow close more than sixty days from execution of this Agreement by CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 6 of 12 all parties, unless extended in writing, by mutual agreement of all parties. 10. POSSESSION OF SELLER'S PARCEL. SELLER agrees to give possession of The Property to BUYER by close of escrow, at which time the Property will be totally vacated. 11.ED FAULT. If the purchase and sale of the Property is not consummated in accordance with the terms and conditions of this Agreement due to default or breach on the part of BUYER, SELLER may terminate this Agreement. If the purchase and sale of the Property is not consummated in accordance with the terms and conditions of this Agreement due to default or breach on the party of SELLER, then BUYER's exclusive remedies shall be to: (i) avail itself of the remedy of specific performance or (ii) terminate this Agreement. In no event shall SELLER be liable to BUYER or to any other person claiming through BUYER for any compensatory, special, indirect, and consequential or punitive damages. 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. 12. 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. 13. TIME. Time is of the essence in this Agreement. 14. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. is. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of the Property. 16. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 7 of 12 writing approved by the City Council and signed by all the parties. 17. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 18. 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. 19. 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. 20. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, in form reasonably satisfactory to such party, to implement the terms of this Agreement and the intent of the parties to this Agreement. 21. 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. 22. NON-INTEREST. No officer or employee of BUYER shall hold any interest in this Agreement (California Government Code section 1090). CONTRACT TO PURCHASE REAL PROPERTY Updated- October 11,2012 Page 8 of 12 23. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail or by recognized overnight courier (i.e. Federal Express) for next day delivery and be effective upon actual personal service or upon delivery. The parties shall be addressed as follows or at any other address designated by notice: To BUYER: CITY OF BAKERSFIELD Attention: Renee Williams 600 Truxtun Avenue Bakersfield, CA 9330 1 To: SELLER: NATIONAL RETAIL PROPERTIES, LP 450 South Orange Avenue, Suite 900 Orlando, FL 32801 Attention: Senior Vice President - Asset Management 24. AS -IS. BUYER expressly agrees that to the maximum extent permitted by law, the Property is conveyed "As IS" and With all Faults", and the SELLER expressly disclaims and the BUYER acknowledges and accepts that Seller has disclaimed, any and all representations, warranties or guaranties of any kind, oral, or written, express or implied (other than the limited representations set forth in this Agreement. 25. TAX DEFERRED EXCHANGE. SELLER and BUYER agree to cooperate with each other in effecting for the benefit of either party a delayed like -kind exchange of real property pursuant to Section 1031 of the United States Internal Revenue Code and similar provisions of applicable state law; provided that (i) neither party shall be obligated to delay the closing hereunder and (ii) neither party shall be obligated to delay the closing hereunder an d(ii) neither party shall be obligated to execute any note, contract, deed or other document not otherwise expressly provided for in this Agreement providing for any personal liability, nor shall either party be obligated to take title to any property other than the Property as otherwise contemplated in this Agreement or incur additional expense for the benefit of the other party. Each party shall indemnify and hold the other harmless against any liability which arise or is claimed to have arisen on account of any exchange proceeding which is initiated on behalf of the indemnifying party. CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "BUYER" "SELLER" CITY OF BAKERSFIELD NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership MI. KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attgrf)1ey BY: ANDREW HEGLUN Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT ICK FIDLER Public Works Director COUNTERSIGNED: M NELSON SMITH Finance Director By: NNN GP Corp a Delaware corporation, as general t er/ Name:— Paul E. 13a= Title: -Fxecut!W Vice P�05'd@nt Attachments: Exhibit "A" -Legal Description I Exhibit "B" - Property Diagram CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 1 Page 10 of 12 BIT "A4 APNO10-102-05 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, CITY OF BAKERSFIELD, AND DESCRIBED AS FOLLOWS: 'THE WESTERLY 290 FEET OF LOT 2 OF BLOCK 17 OF THE UNION ADDITION TO THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CAIAFORNIAa AS PIR NAP RECORDED NOVEMBER 25,1898, IN BOOK 1, PAGE 13 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE EAST LINE OF WHICH BEING PARALLEL TO THE WWr LINE OF SAID LOT, EXCEPTING THEREFROM THE SOUTHERLY 209.71 FEET THEREOF, THE NORTH LINE OF THE EXCEPTED PARCEL BEING PARALLEL TO THE SOUTH LINE OF SAID BLOCK CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 11 of 12 CONTRACT TO PURCHASE REAL PROPERTY Updated - October 11,2012 Page 12 of 12 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/13/2018 111-11 V 03 SUBJECT: Agreement with Caribou Energy Corporation (not to exceed $100,000) for on-call potholing services for non -federally funded projects. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As part of the City's on-going pavement rehabilitation program, roadways have been rehabilitated through full -depth reconstruction, full -depth reclamation, and resurfacing. City staff has seen an increase in utility conflicts with past road rehabilitation projects, in which the existing gas lines are too shallow for the types of equipment used for the roadway rehabilitation projects. These utility conflicts have caused significant delays in construction because the actual depth of the utilities are not known until construction activities have commenced. On a yearly basis, the City typically has anywhere from two to four pavement rehabilitation projects that are contracted out, which are usually funded through the Regional Surface Transportation Program (Federal funds). Now, with the recently enacted Senate Bill 1 (SB 1), City staff anticipates anywhere from another two to four pavement rehabilitation projects on an annual basis that will also be contracted out. Therefore, it is imperative that City staff evaluate the roadways early in the design process to avoid any costly delays. The on-call potholing services contract will ensure that those delays are either eliminated or minimized. Therefore, City staff recommends that inspecting the depth of the utilities during the design phase would be the most efficient process to ensure all utility conflicts are addressed in a timely manner, which in turn, will alleviate costly construction delays. Inspecting utility conflicts consists of potholing random samples of the roadway to be rehabilitated. Similar to the City's on-call agreements for engineering services, an on-call potholing services agreement is the most efficient method to ensure depth information is accurately retrieved during the design process. On January 11, 2018, City staff advertised a notice to firms for on-call potholing serves to inform local businesses the City was inviting interested firms within a 100 -mile radius to submit a statement of qualifications (SOQ's). On February 2, 2018, the following five firms submitted a statement of qualifications, along with respective billing rates for potholing services: • Caribou Energy Corporation • Exaro Technologies • MP Environmental • Nor -Cal Pipeline Services • West Valley Construction Upon review of the SOQ's, Exaro Technologies did not meet the requirement of having a staffed office within a 100 -mile radius. Therefore, only the remaining four firms were reviewed by the selection committee. On February 16, 2018, the selection committee, consisting of City staff from the Public Works Department, reviewed the submitted SOQ's and ranked the firms based on qualifications. The selection committee recommends awarding the contract to Caribou Energy Corporation based on their qualifications and fee proposal being the most favorable to the City. Since specific scopes of work have not yet been determined, the compensation amount for the firm is set at a not -to -exceed amount of $100,000 for a two-year period. Budgeted capital improvement projects will provide the funding source for this agreement. Therefore, no additional appropriations are anticipated at this time. ATTACHMENTS: Description Type D independent Contiractoir/kgreeirneint /kgireeirneint D ExhbUk ExhNt D EkNNt IB ExhNt AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT [Over $40,000] This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and CARIBOU ENERGY CORPORATION ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of potholing services; and WHEREAS, the CITY does not have sufficient staff to conduct potholing services for current public works projects for the City; and WHEREAS, CITY has issued a Request For Qualifications & Proposal, ("RFQ/P" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, CONTRACTOR has submitted a Statements of Qualifications ("SOQ" herein) and a Schedule of billing rates in response to the CITY'S RFQ/P, said SOQ and schedule are incorporated herein by reference, and said schedule is attached as EXHIBIT "B"; and WHEREAS, CONTRACTOR represents it has an adequate number of experienced employees on its staff to accomplish the task set forth in this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The general scope of work for on-call potholing services is described as providing potholing services to the CITY as the CITY identifies specific projects for which the CONTRACTOR will provide said services during the CITY's Calendar Years 2018 and 2019. The scope of work shall include all items contained in CITY'S RFQ/P, dated January 11, 2018; CITY's Request for Proposal for a specific project, which is yet to be prepared; and CONTRACTOR's proposal prepared for a specific project, INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 1 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CC A GENDACKET PG 247 which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and CONTRACTOR's yet to be prepared proposal(s) are incorporated herein by reference as though fully set forth. CONTRACTOR's services shall include all the 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/PAYMENT PROCEDURE. Compensation for all work, services or products called for under this Agreement shall consist of payments in the amounts outlined in CONTRACTOR's Proposal for specific projects; said projects shall be paid in accordance with the rate schedule CONTRACTOR submitted with this SOQ. In no case shall the CONTRACTOR receive more than One Hundred Thousand Dollars ($100,000.00) in aggregate total for all work performed under this agreement during the term of this Agreement as set forth in Clause 1. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2019. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 2 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CCAGENDA C i 248 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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 herein. 12. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. 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 INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 3 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 3/7/1 CC A GENDACKET PG 249 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. 15. 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. 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 16.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 4 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CC A GENDACKET PG 250 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applyinq to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 5 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CC A GENDACKET PG 251 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 6 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CC A GENDACKET PG 252 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or 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. 19. 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. 20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 7 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 3/7/1 CC A GENDACKET PG 253 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. 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. 25. 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. 26. 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. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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: INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 8 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 03107118 CC A GENDACKET PG 254 CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: CARIBOU ENERGY CORPORATION 1400 Norris Road Bakersfield, CA 93308 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 45-4595713 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 9 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 3/7/1 CC A GENDACKET PG 255 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" CITY OF BAKERSFIELD 1.2 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit "A" & "B" "CONTRACTOR" CARIBOU ENERGY CORPORATION Print Name: Title: INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 10 of 10 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00800848-482E-440A-9C5D-819A3BAlAC17\Pdfconvert.10494.1.lndependent-K- Over_$40_000_Pothol ing_Services_2018-2019.Docx Updated -September 11, 2017 3/7/1 CC A GENDACKET PG 256 EXHIBIT A REQUEST FOR QUALIFICATIONS & PROPOSAL (RFQ&P) On -Call Potholing Services for Non -Federally Funded Capital Improvement Projects for Public Works, Calendar Years 2018 and 2019, �t J City of Bakersfield, California January 11, 2018 GENERAL PROGRAM DESCRIPTION The City of Bakersfield (CITY) desires to enter into an agreement with a contracting firm which is able to provide the CITY with potholing services. Qualified person(s) from the contracted firm shall perform potholing services on a limited time contract basis. The intent of this agreement is for the contracting firm to pothole and verify depths of utilities such as PG&E, Cal Water, etc. The depth analysis will assist the City in design of various pavement rehabilitation projects. Work under this agreement shall be for Calendar Years 2018 and 2019. Projects locations and amount of potholes needed for depth verifications will vary depending on the scope of work of each project and existing as -built information. The contracted firm shall make potholing crew/personnel available to work with a very short notice. These technicians/personnel are not considered as CITY employees and are not eligible for any of the CITY employees' benefits throughout the terms of the agreement. However, the contracted firm will be under the oversite of the CITY Design Engineering Manager and are generally expected to work under time and materials basis or as otherwise necessary. For the purpose of this RFQ&P, the term "Contractor" and "Firm" are interchangeable and refer to the selected firm with qualified individual(s) to provide potholing services for CITY projects. The firm and its qualified staff shall execute the City's assignments in a timely manner and in accordance with the City's project schedule. Failure to respond to assignments or failure to complete scheduled work in a timely manner may result in termination of the agreement. SELECTION OF CONTRACTING FIRMS FOR ON-CALL POTHOLING SERVICES The CITY will award a contract to a contracting firm with qualified individual(s) after reviewing all the Statement of Qualifications (SOQs) submitted by interested firms. The selection process will be based on the CITY's evaluation of the firm's SOQ and specifically the items listed below. After the CITY's evaluation of the firm's schedule of billing rates for preliminary engineering potholing services, the CITY will attempt to negotiate the final fee and enter into an agreement with the top ranked firm. If the CITY is unable to reach a contract agreement despite good faith negotiations, the CITY will attempt to negotiate an agreement with the next top ranked firm, etc. At no time will the CITY reenter negotiations with a firm when negotiations have been terminated. The rate schedules shall not be opened until the evaluation of SOQ's and reference checks of all firms are completed and the ranking of firms with qualified individuals has been established. Items to be evaluated: A. The qualifications of the Firm and the individual(s) that the firm intends to use for potholing services. B. The experience and past performance of the Firm and the qualified individual(s) on CITY and other governmental agencies' projects. C. The availability of the Firm's crew to provide the potholing services and to perform them within the required time frames. D. The firm's ability to relate to the project requirements. E. Comments received from the CITY's reference checks on those individuals who will be performing the potholing services. F. The firm's submittal and subjective statements. G. The information contained in the firm's SOQ submitted in response to this request. The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth in this RFQ&P. Note - A copy of the CITY's Contractor Qualification Evaluation Form is included in this RFQ&P. Contractors responding to this RFQ&P must include in their submittal package the following items: • one signed copy of the draft agreement, • four (4) copies of your firm's SOQ, including one (1) original and three (3) copies of the "General Information Sheet" (Exhibit "A") signed by a company official and a statement of insurance coverage signed by a company official, one copy of your firm's schedule of billing rates, in a separate sealed envelope labeled with your company's name and the words "On Call Potholing Services, Schedule of Billing Rates". See statement below regarding the wage portion of billing rates. Please note that the Contractor is responsible for compliance with all applicable laws including, but not limited to the Labor Code, Public Contract code and Government code of the State of California. The City makes no representation as to the applicability or inapplicability of any laws regarding contracts, and especially the payment of prevailing wages thereunder. The contractor will not hold or seek to hold the City liable for any failure by Contractor to comply with any such laws without regard to whether the City knew, could have known, or should have known as to the necessity of such compliance. State of California prevailing wage rates as determined by the Department of Industrial Relations and/or the Davis -Bacon wage rates may apply to portions of this contract. The submittal package must be placed into another sealed envelope bearing the name of the firm and the words "On Call Potholing Services for Public Works Projects of the City of Bakersfield", and should be delivered to Navdip Grewal, Design Engineering Division, Public Works Annex Building -2nd Floor, 1501 Truxtun Avenue, Bakersfield, California, 93301, before 5:00 p.m. on Friday, February 2, 2018. Submittals which do not contain the required number of copies and all the information requested in the RFQ&P may be considered non-responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non-responsive. Fax copies or electronic copies will not be accepted. III. PROJECT ASSIGNMENT PROCEDURE When a need for potholing services on construction projects is identified by the CITY Public Works Department, the CITY Design Engineering Manager or his designee will develop a list of the projects and their respective time frames for which potholing services are needed. They will then contact the firms to assign and coordinate potholing services. If the firm determines that they are unable to meet the CITY's request of assigning certain qualified employee(s) to the CITY project(s) or perform the potholing services according to the CITY's time frame for a specific project, the firm shall inform the CITY of their determination. The CITY and the firm will coordinate and work out a desirable schedule that will benefit both parties. IV. SCOPE OF WORK (SERVICES TO BE PROVIDED BY THE FIRM AND ITS QUALIFIED STAFF) The firm shall provide qualified individual(s) from its staff to provide potholing services necessary for the CITY projects. The firm shall have the resources and dedicated staff available in response to this RFQ&P. As a minimum, the firm shall have at least one crew necessary to perform the potholing services. The firm shall have an office located within a 100 -mile radius of the City of Bakersfield City Hall. The firm shall have the resources to support their qualified individual(s) in 2 such matters as transportation need, office space, etc., necessary for them to perform their duties for potholing services for the CITY as defined in Sections I and IV of this RFQ&P. Qualified individual(s) from a firm shall provide potholing services for Capital Improvement projects within the CITY's jurisdiction. Their duties shall include, but not be limited to the following: A. Attend a pre -construction conference held by the CITY if necessary prior to starting potholing and utility location operations. B. Firm shall provide its own men and equipment necessary to perform the work and shall provide any necessary field direction to the potholing crews. C. Firm shall provide all necessary traffic control devices, and when requested, shall provide a traffic control plan (complying with the CAMUTCD) for City Traffic Engineering review and approval prior to beginning work. Contractor in some cases may be allowed to provide traffic control for potholing solely using the CAMUTCD. D. Prepare daily reports showing men and equipment used on the project, and utility location and depth data recorded during potholing. E. Firm shall backfill and pavement patch potholes after recording depths per City Standard Design Detail ST -11 dated 6-2-99, except that no saw cutting of pavement will be necessary. Jackhammered pavement edges are acceptable. V. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD A. The Public Works Department shall provide all services required to plan, supervise, monitor and finance the construction of the project, except for those services to be provided by the potholing firm or the individual as set forth herein above. Also excepted are those services to be provided by a design consultant in cases where a design was prepared by that consultant. VI. STATEMENT OF QUALIFICATIONS OF FIRM AND MINIMUM QUALIFICATIONS OF INDIVIDUAL(S) All interested firms shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: A. Qualifications and experience of firm and crews who will provide potholing services showing that that they meet the following minimum qualifications: (NOTE: Only those firms who meet the minimum qualifications below and who will actually be providing potholing services should be submitted for consideration.). Three (3) years of full time experience in road construction and utility location on public works projects. The personnel assigned must have experience with potholing an existing asphalt concrete roadway to verify depths of existing underground utilities. The potholing services will be performed along major roadways such as arterials and collectors. The personnel shall have experience dealing with traffic control that is required to perform the potholing services. Please list each project and experience related to potholing. This list should include types of potholing, types of utilities potholed, various depths encountered, etc. Each qualified individual should include references for at least four different clients. A list of comparable projects on which individual(s) has been involved during the past five years. The list should include at least four different clients and should provide the following information for each project: a. Project title, location and description including size of the project; b. Nature of Individual(s) responsibility; c. Start and end dates of individual(s) involvement in the project; d. Name, address and phone number of the project(s) owner; e. Name and address of individual(s) client if different from the project owner; f. Name and phone number of contact person at individual(s) client's office. 2. Full knowledge of the State of California Department of Transportation, Standard Specifications. 3. Full knowledge of construction practices. 4. Full knowledge of USA Locator requirements. 5. Familiarity with OSHA safety requirements. 6. Familiarity with MUTCD requirements. 7. Capable of potholing, verifying depths, providing cut sheets for depths, patching back potholed locations. 8. Place of individual's residency must be within the Bakersfield Metropolitan Area or within a 100 -mile radius of the City of Bakersfield City Hall, unless otherwise noted in writing by City prior to acceptance of the SOQ. B. Statement of the firm's management philosophy regarding: 1) prompt and timely response to the CITY's request for providing potholing services for specific project; and, 2) prompt and timely availability of personnel for said request. C. Schedule of "Per Pothole" billing rates shall be submitted by the firm, a Lump Sum price for Traffic Control will be negotiated with the firm for each project site as needed before potholing begins:. All charges for materials, office space, printing, computers and communication services, transportation, potholing labor, pavement patching, etc., shall be included in the "Per Pothole" billing rates. These "Per Pothole" billing rates shall be included in a separate sealed envelope. Contractor/Firm shall be paid a minimum of 5 potholes for each project site assigned. D. A statement of the firm's current insurance coverage signed by a company official. If the current coverage does not meet the limits specified in the draft agreement attached to this RFQ&P, a statement of the firm's ability and intent to obtain the required coverage must be included. Note that professional liability insurance covering errors and omissions is a requirement. Do not submit certificate of insurance in lieu of this statement. E. The completed General Information Sheet for the firm, included as Exhibit "A" with this RFQ&P. Official signature is required. VII. AGREEMENT AMOUNT Request for payment of services shall be billed to the CITY in accordance with the firm's schedule of unit costs (per pothole) which is included in the firm's SOQ. The payment request document shall be show the number of potholes performed along with project information (project number and location). The cost per pothole shall include all overhead, hourly rates, per diem, taxes, depth data (cut sheets), backfill, compaction and asphalt patching (per detail ST -11), etc. Traffic Control shall be shown as a lump sum item on the billing, which the City recognizes will vary from project location to project location, depending on the traffic volumes (to be negotiated later on a project by project basis). The CITY will not allow any other charges such as charges for taxes, materials, use of vehicle, mileage, cellular telephone, pager, and printing or any other incidental or so called "direct" expenses. The compensation will be number of potholes multiplied by the unit cost per pothole plus the cost for traffic control services. The firm will be responsible for compensating their employees in accordance with all applicable labor laws and regulations. The following is a list of the CITY holidays on which potholing activities normally are not active: New Year's Eve Labor Day New Year's Day Veteran's Day Martin Luther King, Jr.'s Day Thanksgiving Day Presidents' Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day The not -to -exceed compensation amount for the awarded agreement is estimated to be $100,000. Funds available for potholing services vary for different projects. 11 VIII. SOLICITATION CAVEAT Proposer shall, at proposer's sole cost, in responding to this proposal, and in carrying out the terms of the contract, should a contract be awarded, comply with all of the requirements in municipal, state, and federal authorities now in force, or which may hereafter be in force, and shall faithfully observe in all activities relating to or growing out of this proposal all municipal ordinances and state and federal statutes, rules and regulations, and permitting requirements now in force or which may hereafter be in force. Addenda issued by the City interpreting or changing any of the items of this Request for Proposal shall be incorporated into this Request for Proposals. The proposer shall sign and date the addenda cover sheet, if any, and submit them with the proposal (or deliver them to the City Construction Division, if proposer has previously submitted its proposal to City). Failure to receive any addenda shall be the sole responsibility of the proposer. Proposer shall check with City to insure all addenda have been received prior to submitting any proposal. City shall not be held liable in any event for failure of proposer to receive addenda or letters of clarification. It shall be the sole responsibility of proposer to ensure City has proposer's proper address. City is not responsible for any misdirection, late delivery, or non-delivery of mail to proposer. Proposer shall rely only upon the Request for Proposal, letters of clarification and addenda in submitting proposals. Said proposal, letters of clarification and addenda shall include only those documents so labeled and mailed, faxed or hand -delivered by City to all proposers. The issuance of this Request for Proposal does not constitute an award commitment on the part of the City; neither shall the City pay for costs incurred in the preparation of or submission of proposals. City reserves the right to reject all proposals. City reserves the right to award all, or a portion of, or none of the work set forth in this Request for Proposals. City does not, by publishing this Request for Proposal, or by awarding a contract to any proposer, guarantee any quantity of work. The City estimates included in this Request for Proposal for work which may be available each year are estimates only and the amount of work actually given to any successful proposer may vary widely from the estimates. City reserves the right to terminate the contract for any reason or for no reason at all. Any protests of the award must be made under the procedure set forth in Bakersfield Municipal Code § 3.20.068. The protest must be made in writing and delivered to the City Clerk at 1600 Truxtun Avenue, Bakersfield, California 93301 with a copy to the City Purchasing Department and the City Attorney's Office. The protest must set forth the specific reasons why the award is improper. The protest will be heard at the City Council meeting in which the award of the project will take place. The protesting party must, at the time of the hearing before the City Council, fill out a speaker's card and request to be heard at the public statement portion of the City Council agenda. The City Council meetings take place at 1501 Truxtun Avenue, Bakersfield, California 93301, unless the location is changed as allowed by law. Any questions concerning the procedures for filing a protest may be made by calling the City Clerk at (661) 326-3767. All proposals submitted and accepted by City shall, upon acceptance, become the property of the City and shall become a public record upon acceptance. IX. CONTRACT DOCUMENTS A draft copy of the City's INDEPENDENT CONTRACTOR'S AGREEMENT is included as Exhibit "B" with this RFQ&P. Please review the agreement carefully. This is the agreement the CONTRACTOR will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that Statements of Qualifications are due. If approved, the City will then issue the changes to all prospective consultants prior to the due date. An officer of the firm must initial and return the draft Independent Contractor's Agreement included in the RFQ&P. The acknowledgment indicates that the firm accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed draft copy of the City's agreement and any modifications thereto issued by the City during this solicitation of SOQ's. An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review it carefully prior to submitting the draft agreement. "I have received and reviewed the draft INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City's RFQ&P. My initials below signify our firm's acceptance of a final version of the same contract except for "Scope of Work" and "Compensation" clauses if our firm is selected for awarding a contract as described in said RFQ&P for On Call Construction Inspection Services of City public works projects. The CONTRACTOR shall not be allowed to alter or negotiate contract language after the submittal of CONTRACTOR'S Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the CONTRACTOR'S proposal and the retaining of a different consultant by the City. At the time of agreement execution, the Contractor will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement. 31 THIS PAGE INTENTIONALLY LEFT BLANK �"iAR I BOO U Caribou Energy staff combine, for a total of over 50 years' industry experience. With our combination of experience and equipment, Caribou Energy has the ability and drive to accomplish any project presented to them with the utmost safety and productivity. Every step of a project is handled Iby our team of professional managers and operators, Caribou guarantees to provide trained, safety conscious, and qualified operators oin our units. All operators are industry leaders and meet Caribou Energy standards. Signatory to Operating Engineers Local 3 and Local 12, our Operators are amongst the best in the industry with experience, safety, training, and commitment to provide the highest levet of service. Caribou Energy traditionally works for contractors, engineers, and facility owners in the oil and gas, power, municipal, transportation, industrial and commercial construction industries. Our key technology is a truck -mounted hyd rovac excavation unit that is used primarily for digging safely in areas with buried pipes and cables. finlike traditional mechanical excavation, our Hydirovac, trucks use a pressurized water stream to liquefy the soil cover, which, is then removed with a powerful vacuum system and deposited into a storage tank housed on the truck. With operations based in Southern and Northern California and services provided throughout California, Caribou Energy offers immediate emergency response and reliable services with consistency and highly experienced professionalism, Caribou Energy's fleet is unsurpassed, new equipment and a, stringent maintenance program ensures our abilities to handle any project, any time. Caribou Energy continues its commitment to protect our land and waterways with the specialists, knowledgeable technicians, and great support staff needed to remain competitive and well informed in an ever-changing industry. Thank you for the opportunity to introduce Caribou Energy. We look forward to earning your trust as your preferred vendor. AEM�� UUM FORHIFF20 M-110 Im "17 3NI, U-1472TWIM, VVYISM =_ Over 20 years of experience in the Hazardous Waste and Storm Water remediation industry, Mr. Rafael Padilla is, experienced in all facets including Project management of storm drain cdeainjing operations including drain cleaning training, traffic control, traffic control training, National Pollution Discharge Elimination System (NY.D.E.S.) compliance for the waste staging areas, route planning, traffic logs, closure reports, sediment reports, scheduling, site clean-up, spill clean-up, manifesting, and waste profiling, Additionally, Best Management Practices (BMP), drain insert and hazardous materials spill project experience. Permitting experience with Transporting Treatment Unit (TTU) operator, Environmental Protection Agency (EPA): discharge of waste, Storm Water Resource Control Broad (SWRCB): storm water discharge. J.C. Yeh Chief Financial Officer Mr. Yeh is the founder of Wilshire Equity Group (WEG) located in Downtown Los Angeles; WEG develops commercial and industrial real estate. Previously, Mr. Yeh has worked as a piping and instrumentation engineer at CF Brown Inc and is responsible for the design of distillation columns, pressure relief valves and has participated in the HA OP studies of Polyernylenie plants. Mr, Yeh has also worked for SCAQMD as an Air Quality Engineer from 1990-1994 in the Refinery Section and was responsible for the permitting of the equipment for Chevron and Mob�il refineries, Mr. Yeh was instrumental with the development and implantation of the Facility Wide Reclaim Permit. Mr. Martello has over 20 years in storm water and environmental services industry. He began his career as a business development representative for a full service environmental company in Southern California. As his roles increased he soon found himself leading several storm water divisions and businesses helping clients become fully compliant with all the stringent storm water regulations all city and municipalities had to adhere too. The past 5 years he was Vice President of a company that saw his responsibilities grow and serve as a key member of the executive team that had to manage complex contract negotiations and work with legal counsel as required. Mr. Martello has extensive knowledge of complex storm water regulations and has helped organizations, throughout the nation with compliance and setting up programs that will keep these entities in full compliance, Mr. Swanson contributes more than 10 years of experience in the pipellne inspection and cleaning industry, He also Ihais over 10 years of experience in the Hazardous Waste and Storm Water remediation industry Including management of storm drain cleaning operations which consist of: drain cleaning, traffic control, traffic logs training, N.P.D.E.S. compliance for the waste staging areas, route planning, closure reports, sediment reports, scheduling, site clean- up, spill clean-up, manifesting, waste profiling. In addition, Mr. Swanson directs pre -project meetings and provides project management responsibility on all projects including directing supervisors and coordinating large or multiple cirews. Tholimas Doty Regional Manager Mr. Doty contributes over 26 years of experience in underground utility construction with the past 8 years focused exclusively on Hydro Excavation, Mr. Doty also brings with him over 2 decades of experience working with & for both environmental engineering & environmental service companies. NAr, Doty draws from his extensive experience to ensure that all projects are completed on time & or) budget. With a Safety first approach, Mr. Doty makes i I his priority to ensure he & all of his employees uphold & maintain the highest level of safety integrity in all of the work they perform. 'Through his experience managing in the hydro, excavation & utility constrUction, field, Mr, Doty has amassed a vast knowledge of industry & regulatory standards and requirements. No matter the size or scope of the project, Mr. Doty provides effective & experienced (leadership to guide his team to its, successful completion X, M, o ST4 0 = Potholing / Dayfighting Utility Exposing Bell Holes / Test Holes / Anodes Piling & Utility Holes -- Pilot & Full Depth Holes, Pilings, Anchor Installations Trenching / Slot Trenching 0eanouts - Tank Cleaning, Culverts, Pipes, Bins, Slurry Pits, Basins Safe Digging -Fire Lines, Pipeline Crossings, Integrity Repairs, Shoring Instaflatilon Exposing Utilities and Pipelines Tank cleaning services. Mud tanks, Frac tanks, lliquid storage tanks, roll -off bins, etc. - Debris Removal / Rock, Ballast, Liquid, Sludge - Dewatering and/or mud and debris removal after storms. - Emergency response for natural disasters and cave in excavation. - Evaporation ponds aind sump clean out, 03107118 CCAGENDA PACKETPG 26� a Department of Motor Vehicles Motor Carrier Permit a California Contractors State License Board General Engineering Class A a Certificate of Liability lnsurance and Worker's Compensation Insurance Certificate a California Department of Industrial Relatiorns Annual T-1 Trenching/Excavation Permit 0 Gold Shovel Standard Certificate — available upon request 0 OSHA Dig Permit " I Orel Mandatory documented safety meetings are Iheld monthly where A employees are required to attend. The monthly meetings are geared to specifics such as confined space certification, gas detector applications and certification, CPR and traffic control. In addition, weekly tailgate meetings are held that cover process and applications. Company employees are encouraged to review safety standards and make recommendation to management. Additional training and certification requirements include: Accident Investigation Dig in Preventions for Safe Excavation Distribution Tie-ins Electrical Hazards Environmental Awareness Excavation and Backfilling A ctivitie,s Excavation Certification, Fall Protection Fire Prevention, Fire Response, Fire Basics, Fire Suppression First Aid & CPR Gas Emergency Response Plan (GERP) Awareness General Gas Transmission Construction Onboarding General Inspector Onboarding Gold Shovel Certification H2S Basics, Monitoring, Emergency Response, Health Effects Hazard Communications Hazardous Energy Control ((OTO) Hazwoper Hearing Conservation Heat Illness I lydrotesting and Pigging Safety integrity Management Construction Lockout Tagout Certification MUTCD Standards Personal Protective Equipment Respirator Training Traffic Control Competency & General Public Communications MMAN-MarM Caribou Energy potholes for gas, fiber optic communication, electric, sewer, and water lines. They average 15 feet depths and can provide deeper excavation based upon project needs. ARB Contact: Patrick (661)221-341.7 Address: 26000 Cornmercecentre Drive, Lake Forest, CA 92630 Project Dates-. Ongoing Location: Various locations throughout the Greater Bay Area and Central California. Type of Work: Exposing utilities, trench lines, bell holes, locate and record utilities, excavation for shoring boxes, install of gas lines. Utility ID for PG U for replacernent/improvement of said utility. Mears Group, Inc. Contact: Tony Leonardo (989)339-8940 Address: 2021 Ornega Rd, San Ramo�n, SCA 94583 Project Dates: Ongoing Location: Various locations throughout the Greater Bay Area and Central California Type of Work: Exposing utilities, trench lines, bell holes, locate and record utilities, excavation for shoring boxes, install of gas lines, 'Utility ID for PG,&E for replacement/improvernent of said utility. Teichert Pipelines Contact: Nathan, Josefowicz (916)645-4876 and Eric Coker (530)1635.-1015 Address: 3500 American River Dr. Sacramento, CA 95864 Project Dates: Ongoing Location: Various locations throughout the Greater Bay Area and Central California Type of Work: Exposing utilities, trench lines, bell holes, Ilocate and record utilities, excavation for shoring boxes, instail of gas lines. Utility ll) for PG&E for replacernent/improvernent of said utility, new installation line cleans. MG:IE Underground Contact: John Taylor (805)296-2924 Address: 816 26'n St, Paso Robles, CA 93446' Project Dates: Ongoing Location: Various locations throughout the Greater Bay Area and Central California Type of Work-, Exposing utilities, trench fines, bell holes, locate and record utilities, excavation for shoring boxes, install of gas lines, excavation for power and light install, 11 '1" # 0 a , " Before commencing the project, Caribou Energy will hold a project task force briefing with the personnel assigned to project. During the briefing, the crew(s) will become familiar with the overall project, including maps and reporting procedures. Caribou Energy believes in prompt response to requests for service. Upon receipt of a request for service from the City, Caribou Energy will mobilize their project tearn within 24-48 hours. Project management will be available within 2 hours, of receiving said request. '11116-1,11 Caribou Energy has provided their current insurance coverage, The coverage does meet the required limits. Caribou does not currently have Professional Liability insurance that covers errors and omissions. Upon award of the contract, this will be added. Please see the attached Certificate of Insurance and letter from Ca ri bo u's insurance c a Me r. Rafael Padilla CEO 'A I't 1, 1 " a I Caribou Energy employees are familiar with OSHA safety requirements and MUTCD requirements, Employees are also fully knoMeldgeable on California DDI' standard specifications, construction practices and USA Locator requirements. Caribou Energy employees are fully qualified to complete all potholing requests including, but riot limited to verifying depths, providing cut sheets for depths and patching back potholed locations. AC"R& CERTIFICATE 01F LIABILITY INSURANCE DATE(MMYBONY`dY"Y) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIIN IS SUBJECT TO ALL TETE TERMS„ 1/"30/201.8 THIS CERTIFICATE IS ISSUED AS A MATTER OF I'NFORMATIO'N ONLY AND CONFERS NO RIGHTS UIPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT'E'R THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the cerf6flaate holder Is an ADDITIONAL INSURED,, the policy(les) must he endorsed, If SUBROGATION IS WAIVED, subject to the terms, and con'dition's of the policy, certain policies may require an endorsement. A 'statement on this Certificate doe's not confer rights tothe certificate holder !in lieu of such endorsemerntQsp. RRooucER CONTACT Leslie F'rankenberger Tichlael Bh'runf'e1d Company ANari�.ExMn: d614b 683 9990.. NAPC t�aa, —.... RONE FAx 46nSD6®1 ss5 _ I 2655 Camino ID'e1 Rio North telae ekureelcdaa�arrz cern E-MAIL s; " s 4200 NNSniRERlSI ff2f!RS NT.,„COVERAGE Nf4lO 7k San Diego CA 92.108 _m ...._... _ . ... ..N..s_Ic.REIzA;The Cas...Walorau papK_ 24074 i Y Txns.raran�c.e. INSURED . .Ohio zmC, Vh$yR=rd;AGeriCan Fire & Casualty Co 24066 '. Caribou Energy Corp m INSURER C;Cyrress Insurance Compaxllrm 1.'0855 535 Er,incel.'and Ct SURER D:We33�10.'h L�te7G �10.� 1%' Lines Sa� �i1�dPTa74C'��e� �4���2 IIN, �. .., ...,.....� Ar�n e..".....S,,,..._ tlNS4.URER E Corona.. CA 92879 VNsunER F .........".. .... ... .._........_... COVERAGES CERTIFICATE NUMBER 17-1S Caribou RF1lI:,IiDII NHMIRIPP- HI'S IS TO CERTIFY THAT THIS PO'LICIIIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE. INSURED NAM'E'D ABOVE FOR THE POLICE P'E'RIOD INDICA'1'ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON "TRACT' OR OTHER DOCUMENT VW7TH RESPECT TO WHICH THUS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIIN IS SUBJECT TO ALL TETE TERMS„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. /.IMI"TS SHOVVN MAY HAVE BEEN REDUCED BY PAR) CLAIMS. /NSR ..' POLICY NUMBER .m._.�_M11VNf'i:DCFJYYYY GV1I"+~IIDDff " Y .....� .....�.�._ _. ........ LTRs _... TYPE OF VNS0..7RAN0A-. �I"'b'I. 9_UJ R mm "."' POLgCy ERIE POLOCY E7(F LVItiMR"rS . ..�COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE /.000 ,000 A CLAIMS DMAETORENTL .... MADE X CLfi9R Ar�n e..".....S,,,..._ 906,000 BIC'S56626567 7/1.5,/2017 '7/15/?„Q1a MED EXP (Any oneperson) N' 5,000 ..�0.... ... � PE.R.SC}I�7pL L, RV RNJ�IRY 5 11000,000 QE.N'L AGGREGATE LiiWT APPLIES IOC 2 0 F"^CDLV;"Y � "ECT ...` LOC PROL'DL,G rs - CCaM PfOP AGG ...._...$ ...Expense 2, 0' $ , 0 0 0 , 0 0 ...........................�..� ODIFIER'. Mod Factor 1 AUTORVVCDB'VLE LUA8ILITY COMBINED SINGLE LIM F$ lFa 2 id-Rul ._.�. 1,060,00 0 _. .. `- 1R X ANY AUTO BODILY INJURY (Per person) $ ALL 0v`t4FiD SCHEOULLD U"fi`4J'S AIU°tl"OG BF3A5�662656T 7/'1.5//2017 7/15'/28;18 i"84'Jl"DOLY IN�JlDU3Y Renar.� ( cidenty S ..... .... rJUTOSU4NE'�CP HIRED AUTOS AUTOS �I ....a,,. 8+ r 800denr DAMAGE ........�. MAe cac aynneMs $ °x,'000 X UMBRE.LLALIAB X OCCUR Oi..GIJNi.f2E NCE $ 8,000.,000 h,,, EXCESS LGA:R3. '._.,.,, OLAIMS_MAArbE,,, AGGREGATE S 8 o1q,.000 DEDRETENTION 5 ESA56626567' 7/15/2017' 7/1.5/201.8 $; EPLCOMPENSATION RSI ( Y 'LDXIB AND MYIN .:ST10111- .... : .,..". _..._.... ANY r i::C ti'7"dVE �'"' � E.L.EACH $ 11000,000 C OFMCER �CMBER1EXClt�UDED'7 q� (MaIf ndatsrnvllNnder NIA INWCO 0474,5 12/4/2017 1.? 4/2018: / F W 78SCASE�f EDA LM lr'LUYE ° r 6 1,000,01010 ,_. .. .._�.E OE'SCIRWTIONMJF OPERATIONS hxOaV E.L. DISEASE-f"CDLNCY L1MI1 $' 1, 000, 000 D pollu.tiona Coverage 02821.58360,01. 2/.5/2017 2/8/2018 brinil '$.3,000,000 Caeducll *) $ 5 , '0 0 0' DESCRIPTION OF OPERATIONS P LOCATIONS 1 VEHICLES IACORD 101, AdditlHonaIi Rerruanks Schedule, Inay be aflached If rnere space is ,requlredl Re: Bid for Non -Federally funded 'Capital. Improvement Projects for Public Works, Calendar Years 2018..20'19, City of Bakersfield, CA Certificate Holder is Additional Insured per C'C'20100413 & CO20370413, when agreed to in a written contract. Primary per CG8810. Additional insured & Waiver on Auto liability per endorsement CA88100113. waiver of subrogation on work comp, per WC990410B attached. "Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy 'provisions.,, City of Bakersfield Public Works Department Second Floor City mall Annex 1501 Truxttian Ave Bakersfield, CA 933.01.. 'krMI'N%,1i u. ]VIN SHOULD ANY OF THE ABOVE /DESCRIBED P'OLICIE'S BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PIOUCY PROVISIONS. AUTHORIZED REPRESENTATIVE. Pat hit i..'_lly/'LESLTE 001988-2014 A'CORID CORPORATION. All rights reserved, A,CORD 25 (2014101) The ACORD nalme and logo are registered marks of ACCORD INS028 1(20'1a0n( POLICY NUMBER, BKS56626567 COMMERCIAL GEN�ERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. M191 11111 � Iff impf-IT This endorsement modifies insurance provided under the following, NIVIINTM1111 T1111111111 111,1111 111111111115,1111 �l!�i ll'iill�M 1 1 1 111, i; Blanket Additional Insured agreed llT#*Tl MM V1 e' I . . 1 1 1 Z 7 7 A Any location(s) when You have agreed in, a written contract, agreement or permit that person or organization be added as an additional Insured." Information required' to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured Is: amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following addi- or orgianization(s) shown in the Schedule, but tiona!l exclusions apply: ,only with respect to liability for "bodily in- This insurance does not apply to "'bodily in, - jury"', "property damage" or "personal and j ury "' or "° property da mage " occurring after: advertising injury" causedl, in who'le or in part, by: 1. All work, including materials, parts or equipment furnished in connection with 1. Your acts or ornissions; or such work, on the project (other than ser - Z The acts or omissions of those acting on vice, maintenance or repairs) to be per - your behalf, formed by or on behalf of the additional in the performance of your ongoing insured(s) at the location of the covered operatons, for the additional insured(s) at the operations has been completed; or location(s) designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The Insurance afforded to such additional to its intended use by any person or or - insured only applies to the extent permit- ganization other than another contractor ted by la'w; and or subcontractor engaged in performing 2. If coverage provided to the additional in- operations for a principal as a part of the same project. sured' is required by a contract or agree- ment, the insurance afforded to such additional insured vwilll not be broader than that which you are required by the contractor agreement to provide for such additional insured. CG 20 10, 04 13 Insurance Services Office, line., 20112 Page 1 of 2 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Insurance, electron,ic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including sys- tems and applications software, hard or flop- py disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equiip- ment. 18. "Suit" means a civil proceeding in which damages because of "bodily Injury", "prop- erty damage", or "personal and advertising injury" to which this insurance applies are ak legied. "Suit" includes: a. An arbiltration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and, to which the insured sub- mits with our consent, 191. "Temporary worker" means, a person who is furnished to you to substitutefor a permanent ""employee" on leave or to meet seasonal or short-term workload conditions, 20. "'Volunteer worker" means a person who Is not your "employee", and who donates his or her work and acts at the direction of and with, - in the scope of duties determined' by you, and is not paid a fee, saiary or other compense- ti,on, by you or anyone else for their work per- formed for you. 211. "Your prod a. Means, (1), Any goods or products, other than, real property, manufactured, sold, handled, distributed or disposed of by. i(a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (otheir than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products, (1) Warranties or representations made at any time with respect to the fit- ne,ss, quality, durability, perfor- mance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold, 22. "Yourwork": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. bi. includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, perfor- mance or use of "your work"; and (2) The providing of or failure to, provide warnings or instructions, @ Insurance Services Office, Inc., 20,12 POLICY NUMBER: BKS56626567 i'll 411111,4 P 0X1104121 4101 1111101� This endorsement modifies insurance provided under the following: NIN MON1 I* &M IM AMI 1:2 9:31 NX01 MA a* MAN I M ON XMIN 11411 WA Blanket Additional Insured agreed Location, And Description Of Completed Operations Work described in writing in the contract, agreement or permit. Location (s) at which You performed work described in written contract, agreement or permit. Information required to complete this Schedule, If not shown above, will be, shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown, in the Schedule, but only with respect to liability for "bodfly in- jury" or "'property damage" caused, in whole or in part, by "your work"' at the location des- ignated and, described in the Schedule of this endorsement performed for that additional Insured andl included in the ""products -com- pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage, provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to, provide for, such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance. If coverage provided to the additional insured!, Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreennent; or 2. Available under the applicable Limits of Insurance shown, in the Declarations; whichever is less. This endorsement shall not increase the ap�- plicable, Limits of Insurance shown in the Dec- larations. @ Insurance Services Office, Inc,, 2012 Policy BKS56626567 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 This endorsement modifies insurance provided undo the following: Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED, IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "'prod ucts-co mp feted operations hazard" provided: 1 You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement, @ 2013 Liberty MiutuM Insurance Includes copyrighted materiae of insurance Services Office, Inc., with its permission. I)oficy BKS56626567 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsenient modifics insurance provided Linder the following. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision appIes to any person or organization who qualifies as an additional insured under any form or endorsement under this poky. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is arrmendedl as, follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b� The following is added to Paragraph b. Excess insurance: When a written contract or written agreement, other than a premises (lease, facilities rental contract or agreement, an equipment rental or lease contract or agreernent, or permit issued' by a state or political subdivision between you and an additional insured does not require this insurance to be primary or Iprimary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a, Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. CP 2013 Uberty MiutuaI Insurance Includes copyrighted' materiaU of Insurance Services Office, Inc., with its permussion, CG 881044 13 Named Insured: Innefline, Engineering Inc & Caribou Fnergy Cor�p. Policy BAA56626567 COMMERCIAL AUTO CA '88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX 999AL91 REQ yJLGni -h1UA91ER' ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 HIRED AUTO PHYSICAL DAMAGE (including eirnployee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS -ro us 20 61M 10121um 111412—T161410111, =21 -We I BROAD FORM INSURED SECTION III — L)ABiLITY COVERAGE, paragraph A"1. —WHO IS AN INSURED is amended to include the following as an insured; d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership orjoint venture; or (2) is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock, This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provisiion does not apply. (1) If there is similar insurance or a self-insured retention plan available to that organization; 0 20,13 Liberty MuftAinsurance CA 88 10 01 13 includes ccpyrgghted material of Insurance Services Office, inc,, Wth its permission, (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before You acquired or formed the organization. SECTION It — LIABILITY COVERAGE, paragraph A.I. —' H10 IS AN INSURED is amended to include the following as an insured! f, Any "employee" of yours while using a covered "auto"" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee", 9. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their empioyment. Insurance provided by this endorsement is excess over any other insurance available to the "ernployee". killillillillf,il"s IL SECTION It — LIABILITY COVERAGE, paragraph A.1, —WHO IS AN INSURED is amended to include the following as an, insure& h. Any person or organization with respect to the operation, maintenance or use of a covered "auto"', provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": j1 Only with respect to the operation, maintenance or use of a covered 'auto" (2) Only for "bodily injury" or "property daimage' caused by an, "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to your and (3) Only for the duration of that contract, agreement or permit SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: PI 12 Iwo-, Paragraph A. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or ,Collision coverage are provided under the Business Auto Coverage Form for any "auto" you ow in, then the Physical Damage coverages provided are extended to ""autos"': & You hire, rent or borrow: or SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss"', our rights are waived also. HMMEBE�� COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation, at least 601 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation, @ 2013 Uberty Mutual Insurance CA 88 10 01 13 Includes copyrighted materiall of lnsurance Services Office, Inc,, wiffi its permission, T' 1711iilli.I MIS ITATT Z"TUFU W&AM i -I —107REMOMMA F BLANKET BASIS WC 9,9 04 11013 (Ed. 9-14) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the parson or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreernent from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on Such remuneration. The minimum premium for this endorsement is $350. This agreement s,hall not operate directly or indIrectly to benefit anyone not named In the Schedule. F*-MML MUMMALZM P'lersonfOrganization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written corstract to furnish this waiver. Jlob Description All CA Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required onlywhen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/412017 Policy No. INWC804749 Endorsement No. hias rccfl CadbQU Energy Corp Premium $ Insurance Company Cypress Insurance Company Countersigned by WC 99 04 10B ('Ed, 9-14) Michael Ehrenfeld Company Tnsiirance Agents & Brokers 2655 Cimino Del Rio North, Suite 200 San Diego, CA 92108 (619) 683-9990 (619) 683-9999 Fax Toll Free (877) 683-9990 January 31, 2018 Re.- Caribou 1-'.nergy Corp City of Bakersfield Bid To Whom It May Concern: License 0537922 Please be advised, ifawarded the contract with (.,ity of Bakersfield, and upon commencement of work, our office will provide a professional liability policy for C,aribou l"nergy Corp. Please do not hesitate to contact our office with any. questions. Sincerely, Pat Redly Agent 2655 Camitio Del quo Noiih, 4200, rvw,w,.eiii-enfelditistiraiicc.cotii 2333 State Street, Suite 201 San Diego, Cahtbriiia 92 108 Toll Free: 877.683-919)90Carkbad, CA 920084 6 � M839990 760.730.2939 Fax 619,683,9999 Fax 760.730.29 36 EXHIBIT A M=M�Iww TwIffig0=7 1=7 W, 41 Type of Organization: co'r Pof- Individual, Pai or Corporation If a corporation, state In Which the firm is incorporated: Federal Employer I.D. Number: Street Address. \L� Cx) Okoc ti Telephone Number: 00001 - ce�o 9—r-0,00 FAX Number:�51-38o— &.geo ,,serve or Hrlwpaf-M-Uharge, "Title, License Number �C:fooe') Oq — I Primary Contact Person and Telephone Number Mailing Address- (�a C+ - M tk M Caribou Energy's price "Per Pothole" is $713.00 per standard hole. A standard hole is up to 24in length x 24in width x 8ft deep, A lump sum price for Traffic Control will be negotiated for each project site as needed before potholinS begMs, ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements m. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 111-11 V 03 SUBJECT: Amendment No. 2 to Agreement No. 16-063 with Amber Chemical Inc. ($50,000 and extend the term one year), for the continued supply of pool chemicals. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On March 30, 2016, City Council approved the contract for supply of pool chemicals in the amount of $40,696.49 with Amber Chemical Inc., for a one-year period renewable annual thereafter for four consecutive one-year periods. On March 8, 2017, City Council approved Amendment No. 1 increasing compensation $50,000 and extending the term one year. Currently there is $13,000 available on the contract. If approved, Amendment No. 2 would extend the term one year and increase compensation $50,000 for a revised not to exceed amount of $140.696.49. 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 Type D Amendment No 2 to /kgirntl 6...063 Arnbeir Cheirnka/kgireeirneint AGREEMENT NO. 16-063 (2) AMENDMENT NO. [2] TO AGREEMENT NO. 16-063 THIS AMENDMENT NO. 2 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, on March 8, 2017, Council approved amendment No. 1 extending the term one year and increasing compensation $50,000; 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 ONE HUNDRED FORTY THOUSAND SIX HUNDRED NINETY-SIX & 49/100'S DOLLARS ($140,696.49) 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 -- Page 1 of 3 Pages -- agreement shall be renewable for three consecutive one-year periods at the City's option and upon mutually agreeable terms. 3. Except as amended herein, all provisions of Agreement No. 16-063 shall remain in full force and effect. 121 •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 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 1.2 RANDY MCKEEGAN Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney "CONTRACTOR" AMBER CHEMICAL, INC. By: Title: -- Page 2 of 3 Pages -- COUNTERSIGNED: A; NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements n. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 17-043 with Burtch Construction I nc.($800,000 and extend the term one year), for the continued supply of asphalt rejuvenator/sealant. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On March 29, 2017, City Council approved the contract for supply of asphalt rejuvenator/sealant in the amount of $810,000 with Burtch Construction Inc., for a one-year period renewable annually thereafter for four consecutive one-year periods. Currently there is $200,000 available on this contract. If approved, Amendment No. 1 extends the term one year and increase compensation $800,000 for a revised not to exceed amount of $1,620,000. Funds are budgeted in the General Fund, Capital Outlay, Gas Tax, and SB1 Fund for this contract. As part of a street maintenance program, the Public Works Department's Streets Division applies an asphalt rejuvenator and sealant to surface streets to extend the life of the asphalt. The successful contractor will supply and spread approximately 500,000 gallons of asphalt rejuvenator annually on an on-call, as needed basis. Approval of this amendment allows the City to continue to meet the demand for asphalt rejuvenator/sealant for the street maintenance program. ATTACHMENTS: Description Type D Amendment No 1 to /kgirntl 7'...0'73 IBUirCcIh Const /kgireeirneint AGREEMENT NO. 17-0430) AMENDMENT NO. [1] TO AGREEMENT NO. 17-043 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 17-043 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and BURTCH CONSTRUCTION INC., (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on the March 29, 2017, the CITY and CONTRACTOR entered into Agreement No. 17-043; and WHEREAS, the parties desire to amend Agreement No. 17-043 to extend the agreement term one year and increase compensation EIGHT HUNDRED THOUSAND DOLLARS ($800,000); to allow continuance of providing the supply of asphalt rejuvenator/sealant; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 17-007 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 ONE MILLION SIX HUNDRED TEN THOUSAND DOLLARS ($1,610,000) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Section 32 of Agreement No. 17-043 entitled "TERM" is hereby amended to read as follows: 32. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one (1) year from March 29, 2018, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable -- Page 1 of 3 Pages -- annually thereafter for three (3) consecutive one-year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield. 2. Except as amended herein, all provisions of Agreement No. 17-043 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 17-043 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BURTCH CONSTRUCTION INC 1.2 KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: RANDY McKEEGAN Assistant Finance Director ' 1 \9111' Title: -- Page 2 of 3 Pages -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/1/2018 iTiff-11 1.1 SUBJECT: Amendment No. 3 to Agreement No. 15-008 with NV5, Inc. ($1,878,802.32; revised not to exceed $13,049,607.58), for construction management services for the Beltway Operational Improvements Project. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: NV5 is currently under contract with the City to provide construction management (CM) services for the Beltway Operational Improvements Project (Project). The Project includes braiding of the ramp from southbound State Route 99 (SR -99) to eastbound State Route 58 (SR -58), auxiliary lanes, retaining and sound walls, and reconstruction and realignment of on and off -ramps in the area. Agreement No. 15-008 with NV5 Inc. for CM services for the Project was approved by the City Council on January 7, 2015. Amendment No. 1 to this agreement for additional CM services for the Rosedale Auxiliary Lane Project was approved on October 14, 2015. Amendment No. 2 was approved by the City Council on October 11, 2017, for additional CM Services to finalize the Rosedale Highway Auxiliary Lane Project and for additional CM Services for the Project. The staffing, budget, and contract duration were originally based on the number of working days for the projects as specified in the construction contract. Before the Project started, the City issued a directive and a change order to the contractor to perform temporary striping and to install traffic control devices that were not included in the initial contract. This work was transferred from the Gap Project, which was in the same general area along SR -58, to the Project. This work had to be performed prior to the start of the Project per Caltrans' request. With this change, the City was able to realize time and economic savings between the two projects. This additional work required inspection and CM services that were not anticipated at the time of the original agreement. The contractor has also claimed that it has encountered some unexpected difficulties and changes in design, and that these unanticipated changes in conditions have resulted in delays to the project's completion date. City staff has met with the contractor several times to discuss their claimed delays and their revised completion schedule. After review, staff with the assistance of NV5, granted additional working days to the construction contract for one of their claims. Two additional claims are currently being reviewed by staff for merit. To date, the remaining number of working days including the additional working days and the working days granted to the project due to bad weather conditions will move the completion of the project to the end of February 2018. However, the contractor claims additional delays which, if approved, will add working days to the contract completion date. City staff and NV5 will be reviewing these claims in the near future. If the claims are found to be invalid, or if the number of days granted to the project are not enough to extend the contract completion date to the actual completion of the project, the City will be assessing liquidated damages to the contractor. These liquidated damages will help offset any additional expenses incurred by the City because of the delays in completing the construction of the project. This amendment assumes the project will be completed by July of this year. Sufficient federal and local funds have been budgeted to cover this amendment, and there is no General Fund impact associated with this amendment. ATTACHMENTS: Description D Amendment 3 tea l 5 008 D EkNNt I D EkNNt IM Type /kgireeirneint Exhbt Exhbt AGREEMENT NO AMENDMENT NO. 3 TO AGREEMENT NO. 15-008 This AMENDMENT NO. 3 TO AGREEMENT NO. 15-008 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ("CITY"), and NV5, Inc., authorized to conduct business in California ("CONSULTANT"). R E C I T A L S WHEREAS, on January 7, 2015, CITY and CONSULTANT entered into Agreement No. 15-008 ("AGREEMENT' herein), wherein CONSULTANT would provide Construction Management Services ("CM Services" herein) for the Beltway Operational Improvements Project for an amount not to exceed $9,429,589,31; and WHEREAS, On October 14, 2015, CITY and CONSULTANT entered into Amendment No. 1 to this Agreement for additional CM Services to address additional scope of work for the construction of the SR -99 at SR -58 Rosedale Highway Off Ramp Improvements Project for an additional amount not to exceed $637,882.14; and WHEREAS, On October 11, 2017, CITY and CONSULTANT entered into Amendment No. 2 to this Agreement for additional CM Services to address additional scope of work for the construction of the SR -99 at SR -58 Rosedale Highway Off Ramp Improvements and the Beltway Improvements Projects for an additional amount not to exceed $1,103,333.81; and WHEREAS, the Beltway Operational Improvements Project ("PROJECT' herein) as originally proposed has continued to advance, but the construction contractor has encountered difficulties and delays in the construction schedule; and WHEREAS, these difficulties and delays will be analyzed per the contract specifications when the contractor provides a Time Impact Analysis (TIA) to determine the addition of any working days to the construction contract; and CONSULTANT AGREEMENT S:\1 - TRIP PROJECTS\04b - Beltway Operational Improvements\550 - Construction\550B - Contract Amend ments\NV5\NV5 CM Amendment # 3\15-008(3).doc Revised - January 30, 2018 Page 1 of 5 Pages WHEREAS, the PROJECT will not be completed in the time specified in the original construction contract which was the bases for the original CONSULTANT AGREEMENT; and WHEREAS, this delay in time requires additional effort to be performed by the CONSULTANT in order to complete the tasks CONSULTANT has undertaken; and WHEREAS, CONSULTANT has provided to the CITY the Scope of Work attached hereto as Exhibit "L" and Cost Proposal attached hereto as Exhibit "M"; and WHEREAS, CITY and CONSULTANT now desire to enter into Amendment No. Three (3) to Agreement No. 15-008, to address additional CM Services for the construction of the PROJECT. The amount for this amendment is not to exceed $1,878,802.32; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. Section 1 of AGREEMENT entitled "SCOPE OF WORK" is hereby amended to read as follows: 1. SCOPE OF WORK. CONSULTANT must competently and thoroughly provide Construction Management Services as described in CITY's RFQ/RFP (Exhibit "A") and as provided in Scope of Work Description in Exhibit "B", Exhibit "H", Exhibit "J", and Exhibit "L" incorporated herein by this reference. CONSULTANT's services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not. 2. Section 2 of AGREEMENT entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. In exchange for performing the Scope of Work, CITY will pay CONSULTANT as follows ("Compensation"): 2.1. Actual Costs. CITY will reimburse CONSULTANT's actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs as provided in Exhibit "C", Exhibit "I", Exhibit "K" and Exhibit "M", incorporated herein by this reference) in an amount not to exceed $12,102,469.63 exclusive of any fixed fee. Actual costs shall CONSULTANT AGREEMENT S:\1 - TRIP PROJECTS\04b - Beltway Operational Improvements\550 - Construction\550B - Contract Amend ments\NV5\NV5 CM Amendment # 3\15-008(3).doc Revised - January 30, 2018 Page 2 of 5 Pages not exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT's Cost Proposal, unless additional reimbursement is provided for by contract amendment. 2.2. Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of $947,137.95 on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. The Compensation, including the fixed fee, will not exceed the sum of $13,049,607.58, and will be the total compensation paid under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay only the Compensation unless otherwise agreed to in writing by the parties. Reimbursement for transportation and subsistence will be paid in accordance with Internal Revenue Services and General Services Administration guidelines and shall not exceed the rates specified in the approved Cost Proposal. CONSULTANT agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various programs within the SAFETEA-LU Federal Transportation Bill. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 3. Section 5 of AGREEMENT entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 5. TIME FOR COMPLETION. CONSULTANT shall complete all assigned tasks set forth in the Scope of Work contained in Exhibit "H" no later than March 31, 2018 and tasks set forth in the Scope of Work contained in Exhibits "L", "J" and "B" no later than March 31, 2019. 4. Section 6 of AGREEMENT entitled "TERM AND TERMINATION" is hereby amended to read as follows: 6. TERM AND TERMINATION. This Agreement will terminate upon completion of the Scope of Work or on August 31, 2019, whichever is earlier. Should any claims against CITY or CONSULTANT arising out CONSULTANT AGREEMENT S:\1 - TRIP PROJECTS\04b - Beltway Operational Improvements\550 - Construction\550B - Contract Amend ments\NV5\NV5 CM Amendment # 3\15-008(3).doc Revised - January 30, 2018 Page 3 of 5 Pages of the Scope of Work be asserted during the term of this Agreement, CITY and CONSULTANT may agree to extend the termination date of this Agreement. 6.1. If at any time CITY becomes dissatisfied with CONSULTANT's performance under this Agreement, CITY may terminate this Agreement on ten-day written notice. Written notice must be given pursuant to the "Notices" provision of this Agreement. If there is an early termination, CONSULTANT will be compensated only for work satisfactorily completed and delivered to and accepted by CITY up to the date of termination. 6.2. CITY reserves the right to terminate this Agreement for CITY's convenience upon thirty -day written notice to CONSULTANT. If the Agreement is terminated for CITY's convenience, CONSULTANT will be paid for completed work and for termination costs. 6.3. CITY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this contract with CONSULTANT, CITY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand. 6.4. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31. 205-42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. CONSULTANT AGREEMENT S:\1 - TRIP PROJECTS\04b - Beltway Operational Improvements\550 - Construction\550B - Contract Amend ments\NV5\NV5 CM Amendment # 3\15-008(3).doc Revised - January 30, 2018 Page 4 of 5 Pages 5. Except as amended herein, all other provisions of Agreement No. 15-008, as amended, shall remain in full force and effect. 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 CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Exhibits: Exhibit L - Scope of Work Exhibit M - Cost Proposal "CONSULTANT" NV5, Inc. By: TODD GEORGE, Senior Vice President Construction Manager CONSULTANT AGREEMENT S:\1 - TRIP PROJECTS\04b - Beltway Operational Improvements\550 - Construction\550B - Contract Amend ments\NV5\NV5 CM Amendment # 3\15-008(3).doc Revised - January 30, 2018 Page 5 of 5 Pages EXHIBIT "L" EXHIBIT L SCOPE OF CONSULTANT SERVICES AMENDMENT 3 TO AGREEMENT 15-008 FOR BELTWAY OPERATIONAL IMPROVEMENT PROJECT CONSTR UCTION MANA GEMENT DESCRIPTION OF PROJECT NV5 shall be bound by the requirements and scope of work included in Agreement 15-008. Amendment 3 provides additional construction management services including construction observation, materials testing, and contract administration for the Beltway Operational Improvement Project. COMPLETIONS SCHEDULE The fee estimate is directly dependent on the contractor's work schedule and ability to execute the construction work. The fee estimate is based on the following assumptions: • Substantial completion of structures work, including bridges, retaining walls and sounds walls by 4/1/2018, except the SR58-R1 Retaining Wall and the HS3-1 Sound Wall • EB SR -58 / H Street substantial completion by 9/1/2018, including the SR58-R1 Retaining Wall • NB SR -99 / Ming substantial completion by 4/1/2018 • SB SR -99 / Ming substantial completion by 4/1/2018 • EB SR -58 / Cottonwood substantial completion by 3/1/2018 • EB SR -58 / Union to the east substantial completion by 5/1/2018 • WB -SR-58 substantial completion by 5/1/2018 • Remainder of structures and roadway work, including the HS3-1 Sound Wall, substantial completion by 9/1/2018 • Punch list / closeout, two months in field and three in the office, completion 12/1/2018 • No overtime included for 5/10's - SPC is currently considering this • No overtime included for 6/10's - SPC is currently considering this In the event that the City Project Manager requires additional Construction Management services above the value established in the attached fee estimate or the Construction Contract duration extends beyond the above stated assumptions, NV5 will remain onsite and provide continuous Construction Management services. However, these services shall be considered as additional services, are above and beyond the scope and fee estimate of this contract, and shall be paid on a cost plus fixed fee basis as set forth by the appropriate hourly wages, mark-up, and profit shown in the contract. In addition, should the City request additional services not included in the contract, NV5 can provide those services. They shall also be considered as additional services, to be paid on a cost plus fixed fee basis. FEE SCHEDULE Compensation to provide Construction Management services required for the construction observation and administration for the subject construction project as detailed in this Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be on a time and materials basis for the necessary personnel and reimburseables at the rates included in Agreement 15-008. EXHIBIT "M" rrrrr EE E E E T T T T T rrrrr .EEEEE 2 2 2 T T a a a a a a a a a a ci ��ain in in in in i w ni ni w r o €t o �U mho O h O m w N M E N N OO Px n n N E o-.. Rj o - c-- c g�R��_ ��aa pj 0,$Wo Q U ga O Oa 'm9. N o 0 o S S S o 0 LL LLJ -- S m o mom 101. So 000000 0000 m o c x E c o c ¢E yy zH��U�mcc _ NEE E O O � c p W d a aW �w m 0dF a�S�Nom B w L Qm oo myoma 0 0 00 �� W m o Q _ O Z r= i W3� z w 00000 m-55 Zo O h O $`Aim NN`AiN vi D a h . n w N t7 Ir O ivm c/) = LLJ ' why a$`A,,$�`�vom lo (n cr Y O = f_ v o 0 2 gm 0 W - r' rrrrr .EEEEE 2 2 2 T T a a a a a a a a a a ci ��ain in in in in Z1 w o €t o �U w N ° N N oc m c'� U o-.. Rj o - c-- c g�R��_ ��aa pj 0,$Wo EN s ga yo w w 2 Oa 'm9. 21 E wK>U¢U0 E c E Ue88„ "Qc -- 0°'8'x-_ 1°E2EO-5 V 28 101. So 000000 0000 m o c x E c o c ¢E yy zH��U�mcc h m m NEE E O O � Z1 w o €t �U w N ° o E �m m oma'-"'-" o-.. Rj o - c-- c g�R��_ ��aa x ; m n- EN s ga yr c Em,`�°;amm oo Na�,m;v 3E "'aa 2' E o $� o w w EO _ E c E Ue88„ "Qc -- 0°'8'x-_ 1°E2EO-5 V s B m p op p op o 0 ;0o2�55 'm MEE m o c x E c o c ¢E yy zH��U�mcc NEE E E 1°nw. wwN HO d �° w'O ¢r'nzwww3Wa.00 w0 03107118CC A GENDA PA CKET PG 306 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/16/2018 iTiff-11 1.1 SUBJECT: Contract Change Order No. 3 to Agreement No. 16-232 with Griffith Company ($129,482.86; revised not to exceed $1,616,846.61) for construction of the Pavement Rehabilitation on Wilson Road from Wible Road to South H Street Project. Staff recommends approval of the contract change order. BACKGROUND: This project consists, in general, of pavement rehabilitation on Wilson Road from Wible Road to South H Street, which includes pulverizing the existing pavement structural section, removal of excess material, construction of new pavement, installation of pavement striping and markings, traffic detector loops, and modification of existing curbs, gutters and access ramps to meet current ADA standards. Contract Change Order No. 3 provides for the remobilization and re -potholing of the relocated gas utilities to verify the locations and new depths. After construction began, it was determined that existing Pacific Gas and Electric Company (PG&E) gas lines were too shallow and were located within the roadway reconstruction section. PG&E was directed to relocate all gas lines within the project limits that are in conflict with the project. The contractor also excavated, removed and disposed of 260 linear feet of an abandoned 12 -inch irrigation line that was discovered within the new pavement section. The contractor has agreed to do this work for a total sum of $73,577.44. This change order also provides for the removal of unstable ground discovered during the paving operation. The unstable ground was removed and replaced with stable material. The contractor has agreed to do this work for a sum of $7,402.62. In addition, during construction a portion of the existing curb and gutter was found to be extremely damaged due to unstable subgrade. The City directed the contractor to remove and replace 44 linear feet of damaged curb and gutter, after stabilizing the subgrade. The contractor has agreed to do this work for a sum of $7,289.31. Also, in order to construct the project per the plans and specifications, there were several contract item quantities that had to be either increased or decreased. These item adjustments will result in a net cost increase of $41,213.49. The cost increase of Contract Change Order No. 3 is $129,482.86. The sum of all change orders to date on this project reflects a total cost increase of $268,415.61 (resulting in a 19.9 percent increase of the original contract amount) as illustrated below: Original Contract Amount = $1,348,431.00 Amended Contract Agreement after Change Orders = $1,616,846.61 Net Increase to date = $ 268,415.61 This project is predominantly federally funded with both Gas Tax and Capital Outlay funds providing the local match requirement. No additional appropriations are needed for this contract change order. ATTACHMENTS: Description Type D Wlsoin Road Rehab Chair ge Order No 3 /kgireeirneint (XWY DIS FRED UTWN, ORKWNAL,Cr rY Ci WHTVT.CONTFACTOR. INAM-CONSTRI I (IN, (IdFIN-C(WVRACNWS ENVO, YVLLI [IONS, PINK E.NGR , 60I,IM'EJRCflAVSi! CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 16-232 CHANGE ORDER NO. 3 P, O. 1 171309 PROJECTr Pavement R ehalolitaidon 15116 R S I"P SHEET 1 OF Wlson Road from WhIe Road to South H Street CONTRACTOR: Gdffith Com an STPL 5122_219L_ AODRi 1128 Cartier Parkway Avenue -Bakersfield Ca. 93308 FEDERAL NO, (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CKANOES FROM TIME PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATION$ ON TMIS CONTRACT. NOTE: This change order is not offactive I approved b CO Council or City E"ineor E)e.,,I,fiptjo1K or4work Kok dGoe, esdi qf Eimmifies, --d Komi lobe paid. UMCSS odwInhise SUChKe. MCCUP01MM i imiland no alioI will be mad rye idle Iron, CHANGE REQUESTED BY. R, Vo Peg 18 Construction Superinterldeal Construction Superintendent EXTRA a, IRemobililize,. Irepothole relocated uldifies and remove 260 LF of 12" RCP Irrigation Pipe, $73.577,44 • Excavate unstable subgrade and Stabilize with asphalt the eastbound parking Wi on VIA] son Rd. between sta. 45+50 S 51+50. $7,402.62 • Remove 44 LF of damaged concrete curb& gutter, and repour on slabillized slu b grade. $7,289.31 $88,289.37 The Contrador agrees to accept a lump sum Price of $88,260,37 as Nil compensation, including all mark-ups, for performing the above mentioned work - Item #4 - Adjust Manhole $16 SSI 9 SO 8,00 EA @ $1, 100.00 per EA $8,800.00 • Item 95 - Adiust Survey Encasement I GO EA @ $800,00 per EA • Reim #9 - FFR w/Cernent $800,00, 370,17 SQYD @ $9,50 per $QYD • Item #17 - Pavement Blackings (Thermoplastic) $3.516,62 67,00 SF 0 $3,00 Per SF • Item #22 - Minor Concrete - Curb and Gutter $261,00 478,50 LF @ $69,00 per LF 133,0W5O $46,394-12 DECREII CDNIRACT 11 AT C NTRACT 012101 0, Item #8 - HMA Type A,(O-T) 48.3'1 TONG @ $,73,00 per TON ($3.380-63) a Item *25 - Relocate Chain Unk Fence 12-00 LF 1 $150,00 per LF ACCOUNT NO (S) 121-4031-822-8041 T611<210 9§MMAJED CM. 311-4031-822-8041 T611<210 INCREASE $129,482,86 DECREASE BY mason of this order the time of City CZ01 Approvat Relpdred Ms xx complellon will be adjusted os follms2 NOIN INO Approved As to FornK: CITY AT TORNEY Approved by the Council or City of Bakomflold Countersigned: Finance Directs, Date Wflw vd—ip'In'Id —U.I ' smn —40 s. ce" 'Iqe J—p'W -a iqji -PoIx, d'Ah. r'.Ji is sPpn—d, lht 1, "59 P—id' .1l: Nnonh rEii—Wl'aft, -,qM .x —e. ffiuvmiae!'-oMdaI-,,area I.aaf rani 01 pe'NamentlsIE. L.—Conhiact Me: -71 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent - Property Acquisition Agreements - TRIP Q. TO: Honorable Mayor and City Council FROM: VirginiaGHnn8rO, []h//\tb}rnHV DATE: 2/22/2018 N11-11 N 03 SUBJECT: Approval Ofsettlement in Case No. BCV-17-102689in the amount Of $52,000. STAFF RECOMMENDATION: Staff recommends approval of the settlement. BACKGROUND: The City Council previously adopted R8SO|UUOn NO. 181-17 (attached) to initiate litigation to acquire pnOp8dv for the Centennial Corridor Project. The SUbi8{t pnOp8dv is improved with 2 single family n8Sid8nC8/COnCr8t8 finishing bUSin8SS equipment yard |OC2t8d at 3408 BCi2 C>hw8. C>Uhng the environmental prOC8SS the property was originally identified as 2 full acquisition. However, during the design prOC8SS the 2CqUiSiUOn was changed from full to 2 partial 2CqUiSiUOn of 873 SqU2nS feet of land. Prior to the project the pnOp8dvvv2S adjacent to the mini -storage bUSin8SS that had 11 foot high 0OnCn8t8 block walls surrounding it. The project will C2US8 the 8|8m8n foot block wall to be removed and 2 new Caltrans 2CC8SS/nainhSn2nC8 corridor will be |OC2hSd behind the property that with only 2 six fence chain link fence. This changed condition results insubstantial impacts bOthe property. After extensive n8gOU2UOnS. based On 2ppr2iS2|S provided b«independent appraisal firnns. City staff has agreed to settle the pending |iUg2UOn upon City Council approval for $52,000. The settlement includes all causes Ofaction. Kapproved, outside counsel, California Eminent Domain Law Group, will file with the court the parties' SUpU|2UOn for Entry Of Final Judgment and Final Order Of Condemnation, which will include the scope of the property being acquired, the compensation paid for the property and the property owner's claims, and final resolution of the City's eminent domain action. This S8tU8nxent is being 100 percent funded by the federal funds for the Centennial right of way acquisition; therefore, there is no General Fund impact associated with this settlement. ATTACHMENTS: Description Type RESOLUTION NO. 16 1- 17 RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution Code of Civil Procedure Section 1240.010, et seq., and Government Code Section 37350.5 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, The State of California Department of Transportation ("Caltrans"), in cooperation with the City of Bakersfield and the County of Kern, proposes to construct a new alignment for State Route 58 to provide a continuous route along State Route 58 from Cottonwood Road on existing State Route 58 (East), east of State Route 99 to Interstate 5. Improvements to State Route 99 from Wilson Road to Gilmore Avenue would also be required for the connection with State Route 58. The project is known as the Centennial Corridor Project (the "Project"), and WHEREAS, as set forth in the Administrative Report for this Resolution, the public interest and necessity require that the City acquire a partial fee interest in that certain real property commonly known as 3408 Elcia Drive, Bakersfield, CA 93309 (APN 149-211-08) and more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference (the "Property"), for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, incorporating by reference the above recitals as though set forth herein in full, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying Administrative Report, which is hereby made a part of this Resolution, as follows: F•- f71 )Rlr_WAJ 03107118CCAGENDAPACKETPG 311 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act and the National Environmental Policy Act. There has been compliance with the requirements of Section 1245.235, CEQA and NEPA, including without limitation as set forth in the February 2016 Record of Decision. 2. Public Use. The public use for which the Property is to be acquired is for highway purposes, specifically the construction of the Centennial Corridor Project, a new alignment for State Route 58 to Interstate 5, in the City of Bakersfield, Kern County, California, and all uses necessary, incidental or convenient thereto. City is authorized to acquire by eminent domain property necessary for such purposes. 3. Description of Property. Attached and marked as Exhibits 1 and 2 hereto are the legal descriptions and depictions of the Property required for the Project. 4. Findings (California Code of Civil Procedure §1240.030). Based upon the evidence presented at the hearing and the whole record concerning this matter, including but not limited to the accompanying Administrative Record, City hereby finds and determines each of the following: a. The public interest and necessity require the proposed Project b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The Property is necessary for the Project; and d. The offer required by Government Code Section 7267,2 has been made to the owner(s) of record. 5. Additional Findings. a. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the Property may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of any such easements and rights-of-way are on file with City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the Project will not unreasonably interfere with or impair the continuance of a public use as it now exists or may reasonably be expected to exist in the future, counsel for City is authorized to acquire the ��AKEP 2 �• s m MAL r- 03107118 CC A GENDA PA CKET PG 312 Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure, b. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights-of-way appropriated to existing public uses. To the extent that the Project will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City contends that the herein described use or uses are more necessary than said existing public use. Counsel for City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. 6. Further Activities. Counsel for City is hereby authorized to file legal proceedings and take such other steps reasonably necessary to acquire the Property on behalf of City by eminent domain, including without limitation seeking prejudgment possession of and use of the Property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the Property as may be reasonably necessary, Counsel is further authorized to reduce or modify the extent of the interests or Property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the Project for which the Property is being acquired, I HEREBY CERTIFY that the foregoing esolutio was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 15 2017 by the following vote: ,,// � V V' ,I Y 5: COUNCILMEMBER RIVERA , GON' ALES, WEIR, SMITH, FRFFWrAt , SLJ+ � N, PARLIER NOES: COUNCILMEMBER COUNCILMEMBER ABSENT: COUNCILMEMBER 1A �V CHRISTOPH& GERRY Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 15 2017 By D KAR N GOH Mayor - 03107118 CC A GENDA PA CKET PG 313 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By j -- — ANDREW HEGLVND Deputy City Attorney LJ C_7 03107118 CC AGENDA PA C PG 314 CERTIFICATE OF CITY CLERK 1, CHRISTOPHER GERRY, Acting Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on July 19, 2017. 64�-- CHRISTOPHEOGERRY f']C11l7 n i n 03107118CC A GENDA PA CKET PG 315 Exhibit 1 21 TRACT 1334 L PTN of Al,LU4 OF WE.I/a 3c"oaL ols.. 1 -Zn wo-21 SEC,?—T30 S. R27 E se -s �f q A 1111A4 � I C. �.. � ro ti i i EC GIA i Ela400/ VE I � I!i J •.� t 8 I�I n k � IJ i I� 1J AF IT 1 0 Ik, N kR ASSESSORS MAP FIaJ49..-.-.ZL A ICccx c� r +.J C 3/7/1 CC C i 317 E7iH1 U `Al, 169:GAL DIES IMON Caltrans Poneol Tia. wnz&I Acgmbk oa: FES ATM 149-211.06 Tltrd portion of Lot 3 as ahawn on Trad No. 1334 Mod in DwA 5, pages 173 mW 174 of baps. Rovords of the County of ft srn. located in Section Z Tawn"p 30 South, lunge 27 East, Mount DiWM Base and Moxidiam, in tho Ut kwwpomk d Terrhary of Kea a 0mudy, State of Colifor oK marc particularly deaoribod as folk yws; Commencing at the s mAhwestcrly corner of sold irat 3; nesnce along the a mtheriy line of said [ant 3 South W4W2I"Eat 59.97 feat to the aaddmiy lint of said UA 3; Tieace along said ca terly Rao North 00033'09"Banat 99.39 foot to the Point of Beginning; 'C'hatace continuing North 00138149" Bast 35.55 feet to the uorthwly lino of said Lot 3; Theom along said amherly limo North 88°33'58" Wast 50.43 fed to the beginning ora. non-huWat ewic, aonam southwedark► having a radius of 788.25 fed, a line radial to said b finning bears North 34'08'28" Haat; Them KmdwmWly Wong aaid curve an ace la eh cf62.18 feet, Iltrvugh a central angle a84,133.57" to the Point of Beghehrg. The above desmibod pwad tali in$ M squam feet noxa or lass. This oonveyannaa as made for the purpose of a (noway aid tho GRANTOR booby volones and mlintpkim to the GRAN IMP, and its xucw n aid assigm any and all abutter's rights including scum rights. apputlewai to QRANTOR's neat "ing propntty. in aid to the freeway. 'flip Basis of 1 m ings for this survey ane based upon the North Anwken Datum of 1983 (NAD83) of ow Uifornia Coordhwc Syatent of 1983 {CC8831 zone V. 2004.00 tips k. a'�IarCeioIDI%SURVEYVE( Al5Yai1MBTf2&1 FEE UMA DEV—d= Page 1 d 2 c,AxE , 3- r- C)??IGi1V a, 03107118CC A GENDA PA CKET PG 31 Thi kVI dowiplion is ad intoncW for use in iho division anwor cowa7m= or hod in vioteiian athe sobdivision map act of On state OrCifiremin. See &t &UwJmd herelo a Exhibit 'W" and by this reference =do pan hereof Prepared under the diraction of SM M. Smith, PLS No, SM3 DaW. OMM.9"M L4AamDio1%wRvcyux,s&sw772sw772&iL Fri Lmm Dmdm Page 2 of 2 "6 � Ke 8 r -%El I r' I K I A PACKET PG 319 Exhibit 2 &.aa PLA i me P1ARL'EL TTLL E AREA APM LI772�1 FEE 973 SF. 149-211-W LOT APFTt 140-211-W W"r elm CUM "am I1111L1lLzl GlL1NLC mw of w A9LFI9a11E11 MW OF VW ---- 11L9CORD PMIPM LiM.'L — -- ummm m om 4 q mmm Rmw ONK Cil >lmLaaes 9rmum L2 LOT 3 APK 149- 211-M I I saa'4e-2112 -MOR*MV MACT LK mcr I* 1334 -- - ------------- -.__ i t � LOT z T ! APW-.14Y-211--1n LOT 2 riiaPaaED p4v AM 149-211_01 i � m'sD "WET LK aim 1c LIE TAM UNE f OF EC710M LD" L1 NOD'35"O T 35.GV L2 NW33'39"1M ''50.43' rAPA . rD OF PAC POW OF CGLiW1CF, Dff mo c7NLIIE TAM LL" o+O aws Awrro's 1FE LLWACES SM M FWAM Ali RK*fTS OF ACCEM RAMS I DELTA I L.L?WM 11L1: aw OF L1rA9Mm WDLL TELLS gaff m LLLL1m opal 111E � r,ee w Mwa, nr a.m. ct 7SM25' X3`57" E2.1tr TW MUM MOOW F 1N3 mo om ME v mm +:rack. LL" o+O aws Awrro's 1FE LLWACES SM M FWAM Ali RK*fTS OF ACCEM wll olLlmmm am= usvAw WY K Commw "m so LAMiiYLPF-q BY IK cobo IMTIOII � 3 ORWAiES RE>cORI} QkTA TRACT NIL 1334 FX= OF LN M 4W WB. 5/173-174 PRLAAM Be P 5 A S DOM 02-15-17 FWV-- �0.+�M SAOL1 IMCT coulm Kum PaW ME a" 7 .w 05 » w Do �a w aw 2W 40 SOME. 1'-40' T H06 1 TOTAL. S1E5 1 I 1 � tJ 03107118CC A GENDA PA CKET PG 321 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent - Property Acquisition Agreement - TRI P TRIP r. TO: Honorable Mayor and City Council FROM: Nelson K. Smith - Finance Director DATE: 2/22/2018 iTiff-11 1.1 SUBJECT: Agreement with Justin and Natalie Espinoza ($54,000) to purchase real property located at 2323 Elm Street for the 24th Street Widening Project. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City 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 percent of the project cost, including right of way, and will be reimbursed the remaining 88.53 percent 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 the individual circumstances. This acquisition of 1,045 square feet of land and a 231 square foot temporary construction easement from the front and back yard of 2323 Elm Street results in substantial impacts to the property. Currently, the property has a number of large mature trees and shrubs on the property that are having to be removed in order to construct a new cul de sac and sound wall as part of the 24th Street widening project. The project will result in the residence being much closer to the new lanes of traffic on 24th Street and the reconstructed cul-de-sac. The purchase price of $54,000 is a product of negotiations based on appraisals prepared by Merriman Hurst and Associates and Kiley and Associates, both an independent appraisal companies. 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. 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 APN: 003-021-01 TITLE REPORT NO: 1503-5336473 PROJECT: 24th Street Improvement Project EA: 06-49390 EA: 06-48470 J 11 1 i a IV I P1 IN 116 � OMER 19111ORM THIS AGREEMENT is entered into this. — day Of 201 by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and NATALIE ESPINOZA AND JUSTIN ESPINOZA, WIFE AND HUSBAND 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, IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1AGREEMENI.T 0 SELL ANDptLRcHAs ., Seller agrees to sell to Buyer, and Buyer agrees to purchase frorn Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), a0 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" and 'Vand "A" and "B- ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHA51E —PRIU., The total purchase price, payable in cash through escrow, shall be the sum of FIFTY FOUR THOUSAND DOLLARS ($54,000 00) 3. M—ACQMPLIAB—CE. It is understood and agreed by the Parties hereto that the City's use of the site for the Project is contingent upon CEQA compliance, for the 24 kh Street Widening Project, 14CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of a0 recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: a. Non -delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction, b.Quasi-public utility, public alley, public street easements, and rights of way of record (except rights, in, any such items conveyed under this Agreement), c. Items numbered None in the preliminary title report issued by First American Title Company dated November 4, 2016, 5., TEMPORAR X CONSTRUCTION EASEMENT. Seller agrees to convey to, Buyer a Temporary Construction Easement in, on, over and above the portion of the subject property depicted on the attached Exhibit "B" and incorporated herein by this reference,, 6, TERMS. The term of the temporary construction easement described is for a period of 48 months. Said period to commence March 30, 2018 and terminate on March 29, 2022. At least 48 - hours advance written notice will be given before any entry on Grantor's property, In the event the Page I of 7 Project is not completed on or before the Termination IDate, the Buyer shall provide written notice to Seller not less than one month prior to the Termination IDate of its election to extend the temporary construction casement and the Termination Date. Such extension shall be documented in an amendment to this Agreement and just compensation for said extension shall be determined by an, appraisal prepared by a State licensed appraiser secured by the Buyer. 7. DILE -INSURANCE POLICY, Escrow Agent shall, following recording of said deeds to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $54,000,00 issued by First American Title Company showing the title, to the Property vested in Buyer, subject only to the exceptions set forth in Paragraph, 4 of this Agreement and' the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. B. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time, Seller shall execute and deliver said deeds as referenced in Paragraph 4, 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 Certif iicate of Acceptance with Escrow Agent, Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction., All funds received in this escrow shall be deposited with other escrow funds in a general' escrow account(s) and may be transferred to any other such escrow trust account lin any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account, 9. ESCROW GENT IS A 10RIZED TO Q�SHALL, 11 AN _ a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title in the condition necessary to satisfy Paragraph 4 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 niote(s), secured by mortgage(s)ordeeds) 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 10 of this Agreement; f, Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller, The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder, Recordation of instruments delivered through, this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. ffil 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. 10. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow, 11., FULL AND COMPLETE SETTLEMENT Seller hereby acknoWedges that the compensation paid to Selier through this Agreement constitutes the full and complete settiement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specificafly including, but not limited to, any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and ail 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 preconclemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directiy or indirectly to the acquisition by Buyer of this subject Property; however Seller and Buyer, and each and ail of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby reiease 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, 12, Cw NSTRUC N CON-TRACI AND CURARVE WORK, It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 herein above, the Buyer, its, contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: i. It is understood and agreed that the proposed additional sound wail that was to be constructed on the northwest side of the subject property will n9A be constructed. ii. Construction of a sidewalk along the proposed cul de sac. iii. Restore any landscaping and/or paving within the TCE area to a similar condition. Ali work performed under this Agreement shall conform to all applicable buflding, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements air other facilities, when removed, and relocated or reconstructed by the Buyer, shall be left in as good condition as found, b. It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of and cost to remove, relocate, reconstruct, and/or refurbish the following improvements located on the Property, i. 6'Wood Fence (46 LF) fl, 6' Wood Basket Weave Fence (76 LF) iii., 8 Large Trees, iv, 2 Medium Trees v. I Small Tree vi. 2 Large Shrubs vii. Underground Sprinkler System It is further understood between the parties hereto that if the improvements referred to in Paragraph 12b above are not removed from the subject property prior to close of escrow, but not sooner than the close of escrow, Buyer, its agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without faurther notice or responsibility to Seller whatsoever. 0. PERM ' ISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above-mentioned improvement, the right to enter upon SeHer"s property upon 48 (hours prior written inotice to perform the construction items referred to in Paragraph 12a above and for any of the following reasons. a. To make necessary and reasonable inspections. b. To commence pre -construction and construction related work consistent with the proposed project. 14, -RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers,, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a, period of one month. Seiler 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. 15,EMINEhE DO -MAIN QLIS-MISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation.Seller acknowledges that the sums received from Buyer under this Agreement constitute full payment of just compensation in eminent domain (including, but not limited to, compensation for the fair market value of the real property taken, severance damages, improvements to the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory, loss of business goodwill, court costs, litigation expenses and any interest which might be due on such matters). Seller acknowledges that the amounts paid under this Agreement constitute the total amount due Seller, and that no further payments are due, owing or payable. Seller waives any other claims it might have for further payment or further compensation, and also waives any and all claims to any money on, deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith, 16. WARRANTIES 'REPRESENTA-HONS, AND COVENA ITS 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 Page 4 of 7 proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties, c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which SeHee'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 17. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the! presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the U'niited States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 251.17 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control (Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 201, 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, IDivision 20, Chapter 63 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated' as a "hazardous substances" pursuant to Section 311. of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C, 56901 et sem. (42 U.S.C, 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101. of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U,S,C. 59601 et seq. (42 U.S.C. p S9601). I& COMPLIANCE WITH ENVIRONMENTAL LAWS, To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board', the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. INDEMNITY. DEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss,, cost, damage, lliability, deficiency, fine, penalty, punitive damage, or expense (including, without limitaflon, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materiais 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, reiease, 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, penaity, 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, damageto 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. 210.COUNTERPAR S. This Agreement may be executed in counterparts, each of which so executed shall, ARL 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, 2L CONTINGEN ' ENC(". It is, understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, lis 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. 22. BROKERS AND FINQEK, 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. B. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State! of Cafifornia. The parties consent to the jurisdiction of the California Courts with venue in Kern County, 24. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the: heirs, executors, administrators, assigns, and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent of Seller. 25. COOPERA-HON., Each party agiirees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and ail documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements,. 26. ENTIRE AGREEMENT WAMR AND MQLL1E1QffGN„ This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prioragreements and understandings, whether oral or written, between the parties with respect to the imatters 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., EMOM IN WITNESS, WHEREOF, tile parties hereto have caused this Agreement to be executed, the day and year first -above written. M&I—LINGADDRESS —OF SELLER 2323 Elm Street Bakersfield, CA 93301 ,MAILING _ADDRESS or- BUYER 1.600 Truxtun Avenue, 2"' Roor Bakersfield, CA 93301 BUYER: SELLER: CITY OF BAKERSFIELD KAREN GOH NATALIE ESPINOZA Mayor 0 �' By: Ju � �'ESPIINi�A APPROVED AS TO FORM: VIRGINIk J!EN�NARO I r City Attor e By:. '1 �DREW N-NNGN_IN Deputy City Attorney COUNTERSIGNED: A* - NELSON K., SMITH Finance Director APPROVED AS TO CONTENT: NICK FIDLER Pubfic Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Partial Fee Acquisition Exhibit "A" — Legal Description and Depiction of Temporary Construction Easement Paige 7 of 7 EXHIBIT "A" LEGAL DESCig"ri AAD RE� Iffill )all (APN 003-021-01) THAT CERTAIN REAL PROPERTY BEING A PORTION OF THAT PARCEL CONVEYED tN THE r)EEE) FILED DECEMBER 26, 2003 AS DOCUMENT NUMBER 02032776,12, KER14 COUNTY OFFICIAL RECORDS, DESCRIBED AS: ALL THAT PORTION OF LOTS 1, 17, 18, 19 AND 20 111 BLOCK 463-A AND OF THAT CERTAIN vACATED ALLEY 20 FEET WIDE LYING, BETVIVEEN THE SOUTH LINE OF SAID LOT I AND THE NORTH LINE OF SAID LOTS 17,18,19 AND 20 AND PART OF THE NORTH HIALF OF 23RD STREET, VACATED ADJOtNvljG SAID LOTS 17,18,19; AND 20, ON THE SOUTH, IN THE CITY OF BAKERSFBELD, COUNTV OF KERN, STATE OF CALIFORNIA, AS PERI AP RECORDED APRIL 19, 1904 IN THE OFFICE OF THE COUNTY RECORDER OF SAIID COUNTY, DESCRIBED AS FOLLOWS. 5EGINNING AT A POINT ON THE PROLONGED EAST LINE OF BLOCKS 463-A AND 463 -ID OF SAID CITY ASSHOWN ON SAID MAP, DISTANT NORTH 322.G4 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 463-D,, THENCE NORTH 91,0 DECREES 00" WEST PARALLEL WITH THE SOUTH LINE 'OF SAID BLOCK 463-D, A DISTANCE OF 122,06 FEET; THENCE NORTH 33 DEGREES 25'00" EAST, 221.63 FEET TO A PORIT ON THE EAST LINE OF LOT 1 IN BLOCK 463-A; THEN CE SOUTH ALONG SAID EAST LINE OF BLOCK 463-A AND ITS SOUTHERLY PROLONGATIot'l, 185.00 FEET TO THE POINT OF BEGINNING. BEGINNING AT THE 14ORTHERNPAOST CORNER OF THE ABOVE DES�CRISED PARCEL, SAID PORIT LYING ON THE WEST RIGHT OF WAY LINE OF ELKA STREET-, THENCE, ALONG THE EAST LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY LINE OF ELM STREET, SW52'51"W' 75.84' (REC ORD BEARING SO'00'00"E) TO THE BEGINNN4G, OF A NON -TANGENT CURVE; THENCE; DEPARTING SAID EAST LINE, NORTHWESTERLY 3.06' ALONG THE ARC OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY (RADIUS POINT BEARS S44-32AWW) WITH A RADIUS OF 30.00" ANDI A CENTRAL ANGLE OF 5°50'31'' TO A POINT OF REVERSE CURVATURE; THENCE, NORTHWESTERLY a8.82'ALONG THE ARC OF A CURVE CONCAVE NORTHEA.,13TERLY WITH A RADIUS OF 47.00i'AND A CENTRAL ANGLE OF 471191171` THENCE, 14ON-TANGENT TO THE PREVIOUS CIIJRVE, 5-86-0176-W 5.00'T0 THE BEGINNING OF.A NON - TANGENT CUTVE; THENCE NORTHERLY 2.STALONG THE ARC OF A 11ON-TANGENT CURVE CONCAVE EASTERLY (RADIUS BEARS N3,6'01'26 -E) WITH A RADIUS OF 52.00'Al,JD A CENTRAL ANGLE OF 2-45'12` TO THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED PARCEL; THENCE, ALONG SAID NORTHWESTERLYLINE NG" N -TANGENT TO THE PREVIOUS CURVE N34'16'24'E 46.26" TO THE POINT OF BEGINII401G, CONTAINING 0.0-74 ACRE MORE OR LESSI. g.kpr,oj\2014\140,206\3 prof ct d,,e,,Igii\survey\lcotietruction dravdings\legaldescriptions and exhblits\003-021-01\003- 021-01 pa.docx THE BASS OF BEARVAG FOR THIS LEGAL DESCRiPT101`1 AND PLAT IS THE CALTIRANS (CAUFORtUA DEPAR7MENT OFT NSPORTA710N) "STATE HIGHWAY MAP:' (Moniumentallon Map) ON FILE AS FILEID MAP 7-1 BOOK 2, PAGES -67 WITH THE KERN COUNTY SURVEYO,R"S OFFUCE. THUS LEGAL IDESCRIPTIQrd HAS SEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT, 9,-�proj\2014\14006\3 proj,,-4ctdp.. ig"\surveV\coilstrLv-t,�won d'iwing,,\�ega[descriptrjns ande-xhl;!Ur%003-Q2l-0l\W3- 021-01 pa.docx 0 ORIGHT OF "WAY A,. `SEE UETML " 0 `moil 0 SCAIE- 1"=50 cc 01 Lo Cc 160 (10 0 AM, 003'-021-01 9 BEARING BASE THE BASIS OF BEAM NG FGR THIS LEGAL OESCRIPTGN AND PLAT IS THE CALTRANS (CALIFORNIA DEPARThENT OF TRANSPORTATION) NATE HIGHWAY MAP- (Mviumentoflon Map) ON FILE AS FILED MAP 7-1 130% 2. PAGES 65-67 WITH THE KERN COUNTY SOREYOIRS OFnCE EASEMENTS -055 SUBJECT PARCEL PER NO EASEMENTS EXIST ACK PRELIMINARY -nn-E PEP GRT FROM COMMORWEAL11-1 LAND, 'nTLE COMPANY. FILE NO, 08021647, DATED, FEBRUARY 24, 2015. Exp, 12 3' 15 plP EXHFIT Cannon POINT OF 9EGINNING OF SIGHT OF INAY AC,01JUTION P-3r-wo— DETAIL "A" CO Ku UJ c I - c* 3 ISI SCALE,- 1"=10'11 AREA, DATA (AQ PARCEL GROSS 0.259± AC RICHT OF WAY ACQUISMON 0.024± AC RIGHT OF WAY ACQU15ITION PORTICN Vf LOTS *, & 20, &CCr, 45JA MAP OF 01Y OF SAKERSFIEL:a, A"N'003-021-01 5 2 AKMSHEW, CA MA� By PV12 ��=VIWU LAn' I % " m; 04im twz e, 03107118 CC A GENDA PA C PG 333 BEARING BASE THE BASIS OF BEARING, FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT OF TRANSPORTATION) 'STATE HIGHWAY MAP" (Monumentation Map) ON FILE AS FLED MAP 7-1 8001 2. PAGES 65-67 WITH THE KERN COUNTY SURVEYORS OFFICE EASEMENTS NO EASEMENTS EXIST ACROSS SUBJECT PARCEL PER PRELIMINARY TITLE REPORT FROM COMMONWEALTH LAND TlTL.E COMPANY, FILE NO, 08021647, DATED FEBRUARY 24, 2015. U Y� M 6594 ?a 4 AREA DATA AGj PARCEL GROSS 0.2594: AC RIGHT OF WAY ACQUISITION 0.024± AC RIGHT Of' WAY ACQUISITION PORTMN OF LOTS I & 20. BLOCK 463A eo&nnon M!AP OF CITY OF BAKERSFIELD, APN: 003-021-01 EAK 01" B BAKERSFIELD, CA DRAM BY BW A !A HIM FVI.32d18 P4 LAC AS SHOWN �0111 6/08/2015 EXHIBIT "'A" LEGAL DESCRIPTION AND DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT Elf Wild Imims. 92322mm THAT CERTAIN REAL PROPERTY BEING A PORTKDN OF THAT PARCEL CONVEYED IN THE DEED FI LED DECEMBER 26,2O03 AS DOCUMENT NUMBER 0203277612, KERN COUNTY OFFPCIALRECORDS, DESCRIBED AS: ALL THAT PORTION OF LOTS 1,17.18,19 AND 20 IN BLOCK 463-A A14D OF THAT CERTAIN VACATED ALLEY 20 FEET WIDE LYING BETWEEN THE SOUTH LINE OF SAO LOT I AND THE NORTH LINE OF SAID LOTS 17, 18, 19 AND 20 AND; PART OF THE NORTH HALF OF 23RD STREET, VACATEDADJOINING , SAID LOTS 17, 13.19 AND 20, ON THE SOUTH, IN THE CITY OF BAKERSHELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED APRIL 19, 19104 OIN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POWT ON THE PROLONGED EAST LINE OF BLOCKS 463-A AND 463-13 OF SAID CITY AS SHOWN ON SAID MAP, MSTANT NORTH 322.04 FEET FROM THE SOUTHEAST CORtZER OF SAID BLOCK 463-D; THEIIICE NORTH 9D DECREES GTWEST PARALLEL WITH THE SOUTH LINE OF SA0 BLOCK 4,63-D, A DSTANCE OF 122.06 FEET,- THE14CE NORTH 33 DEGREES 25'113"EAST, 221.63 FEET TO A POINT ON THE EAST LINE Of LOT 1 IN BLOCK 463-A- THENCE SOUTH ALONG SAID EAST LIME OF BLOCK 463-A AND ITS SOUTHERLY PROLONGATiON, 185.0b FEET TO THE POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE NORTHERNMOST CORNER OF THE ABOVE DESCRI15ED PARCEL, SAID POUIT LYING ON THE WEST RIGHT OF WAY LINE OF ELM STREET; THENCE, ALONG THE EAST LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY UNE OF ELM STREET, S3`52'51"E 7,9.34'' (RECORD BEARNNG S0�100'001E) TO THE BEGiNFUNG OF A NON -TANGENT CURVE, AND THE TRUE POINT OF BEGINNING OF THE PARCEL HEREII4 DESCRIBED, - THENCE; DEPARTU14G SAID FAST LINE, NORTHWESTERLY 3,06" ALONG THE ARC OF A NON -TANGENT CURVE CONCAVE SOUTI-11NESTERLY (RADIUS POINT BEARS S44*3249N"W) WITH A RADIUS OF 30-00" AND A CENTRAL ANGLE OF 5*50'31- TO A PICNT OF REVERSE CURVATURE; THENCE, NORTHWESTERLY a5.82ALONG THE ARC OF A CURVE 1CONCAVE I4ORTHEASTERL)lWrrH A RADIUS OF 47.30'04D A CENTRAL ANGLE OF 47-1.9'17'; THENCE, NON -TANGENT TO THE PREVIOUS CURVE, ','86` 31'20 5L0I'TO THE BEGINNING OF A NO,14- TANGENT CURVE-; 7 y THENCE, SOUTHEASTERLY 42.95'ALONG THE ARE OF A NON -TANGENT cIJRVF C0-tjjY�A, E NORTI -dl ASTERLY (RADIUS POINT BEARS N86"01'26'E) VIflTH A RA)DIUS OF 52.00'AND A CENTRAL Af,CGLE OF 47- 1917" TO A PORIT OF REVERSE CURVATURE,- THUiCE, SOUTHEASTERLY 7.9VALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY WITH A RAIDfUS OF 23:1301' AI" A CE14TRAL ANGLE OF 18'DT27* TO THE EAST LINE OF AFORESAID PARCEL AND THE WEST RIGHT OF WAY LINE OF ELM STREET; THENCE- NON -TANGENT TO THE PREVIOUS CURVE ALONG SAID W E ST RIGHT OF WAYLINE NW52'51 "E 7.70' TO THE P011ff OF BEGINNING, CONTAINING 231 SIDUARE FEET MORE OR LESS. S:,' proj\2014\140206\3 prof ct dignVLurvey\constrLglition drawings\legal descriptions and P-xhbArs\003-021- 01\lrevtce\003-021-01 tce.d,ocx THE BASIS OF BEAMING FOR THIS LEG iAL DESCRIPTION AND PLAT 9S THE CALTRANS (CALWORrflA DEPARTMENT OF TRANSPORTATION) 'STATE HIGHWAY MAP' (Mionumentation Map) ON FILE ASS FILED MAP 7-1 BOOK 2, PAGES 6 5-67 W ffH THE KEW4 COUNTY SURVEYOR:'S OFFICE. TENS LEGAL DESCRUPTVON HAS BEEN PREPARED IBY ME OR UNDEI IDIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. 9-,\prpj\7G14\140206\3 Project digti\storvey\conistru!ctfor i drawings\legaiI descriptons and exhibts\003-021- 01:'revO,tce\003-021-01 tce,do,cx °TCE �SEE DETAIL "A v op 2W BEARING BASE THE BASIS OF SEARINC FOR IMIS LE AL VE5C4W7lGN AND PLAT IS THE CALTRANS (CALIFORNIA DEFIART161ENT OF TRANSPORWRON) 'STATE HGHWAY MAP' (monumeritcCon Mur) ON, RIF AS FILED MAP 7-1 900f 2, PAGES 65-67' WTH THE KERN COUNTY SUR�EYORS OFFICE NO EASEMENTS E)aST ACROSS SUBJECT PARCEL PER PREUMIINARY -n TLE REPORT FROM COMMONWEALTH LAND 'TITLIE COMPANY, FILE NQ. 002164-7, DikTEO FEBRUARY 24, 2015. E "X\ HI I --_3 I T Cannon PONT OF COPMENCDAENT TCE SW 031' 26"W PQiAL APN- 003-02"1 TCE P 0 IN T OF 3 EGINN"ING TCE N LO 4- 5-R 7 L=Z;l, r25XXZ b $CALE: 1'=10' DETAIL "A"' lu .J uj 'EL GROSS 11,286t SO FT 231 t SO Fj TEMFORARY CONSTRUC'RON EASEMENT vok'nuN or LOT t5 r & 20, BLOCK e5JA MAP OF CITY OF SAKERSRE-2-, A"N., 003-021-011 3,rEF5MELr,, CA MAT4 My 11 0=1m) m 03107118 CC A GENDA PA C PG 337 �. col 01 a 4%t CC "'e gra i 40 0 IV, in AP ul 003-021-01 N813- 10' 0,�' 122.02 BEARING BASE THE BASIS OF SEARINC FOR IMIS LE AL VE5C4W7lGN AND PLAT IS THE CALTRANS (CALIFORNIA DEFIART161ENT OF TRANSPORWRON) 'STATE HGHWAY MAP' (monumeritcCon Mur) ON, RIF AS FILED MAP 7-1 900f 2, PAGES 65-67' WTH THE KERN COUNTY SUR�EYORS OFFICE NO EASEMENTS E)aST ACROSS SUBJECT PARCEL PER PREUMIINARY -n TLE REPORT FROM COMMONWEALTH LAND 'TITLIE COMPANY, FILE NQ. 002164-7, DikTEO FEBRUARY 24, 2015. E "X\ HI I --_3 I T Cannon PONT OF COPMENCDAENT TCE SW 031' 26"W PQiAL APN- 003-02"1 TCE P 0 IN T OF 3 EGINN"ING TCE N LO 4- 5-R 7 L=Z;l, r25XXZ b $CALE: 1'=10' DETAIL "A"' lu .J uj 'EL GROSS 11,286t SO FT 231 t SO Fj TEMFORARY CONSTRUC'RON EASEMENT vok'nuN or LOT t5 r & 20, BLOCK e5JA MAP OF CITY OF SAKERSRE-2-, A"N., 003-021-011 3,rEF5MELr,, CA MAT4 My 11 0=1m) m 03107118 CC A GENDA PA C PG 337 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids s. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/16/2018 WARD: Ward (s) 2, 3 SUBJECT: Reject all bids for the Traffic Signal and Lighting System Modification at Columbus Street and Union Avenue Project. STAFF RECOMMENDATION: Staff recommends rejection of all bids and re-evaluation of the design and contract specifications. BACKGROUND: This project consists, in general, of upgrading an existing traffic signal, upgrading the lighting and synchronization system at this intersection, removing and replacing street lighting luminaries along Manor Street, constructing ADA access ramps, removing median islands and replacing with hot mix asphalt (HMA) pavement, modifying existing median noses, placement of pavement markings and striping modifications, and removal and replacement of existing roadside signs. On February 15, 2018, the City received five bids for this project. The engineer's estimate for this project was $223,000. All the bids are significantly higher than the budgeted amount. The bids received include: Sturgeon Electric California, LLC 13501 Benson Avenue Chino, CA 91710 Loop Electric, Inc. 7040 Downing Avenue Bakersfield, CA 93308 (County) in the amount of $353,766.00 in the amount of $378,926.00 California Professional Engineering 929 Otterbein Avenue, Unit E in the amount of $389,354.80 La Puente, CA 91748 PTM General Engineering Services 5942 Acorn Street in the amount of $399,093.00 Riverside, CA 92504 A -C Electric Company 315 30th Street Bakersfield, CA 93301 in the amount of $436,100.50 While reviewing the bid proposals, City staff noticed the costs for roadway excavation and hot mix asphalt (HMA) pavement associated with the median island removal was significantly higher than estimated. City staff believes this was caused by the fact this portion of work was so small that it significantly raised the subcontractors prices in addition to the prime contractors markups. City staff also noticed that certain items associated with the signal modification were significantly higher than past signal modification projects. Therefore, City staff will contact the various bidders to receive feedback on how to reduce some of those costs. City staff will explore options for reducing project costs, such as separating the project into two different projects. One project would be for the traffic signal modification and the other project for the median island modification/construction of HMA pavement. City staff will redesign the project and make modifications to the plans and specifications and will re -advertise the project in the near future. City staff recommends rejection of all bids. ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 iTiff-11 1.1 SUBJECT: Accept the bid and approve the contract to Plank & Harvey, Inc., d ba Cen-Cal Construction, Bakersfield ($301,212), for the construction of curb, gutter, and sidewalk for the Oleander area. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited from contractors for the construction of curb, gutter, and sidewalk improvements in three areas eligible to receive U.S. Department of Housing and Urban Development (HUD) funds. This contract will provide for curb, gutter, and sidewalk construction in the Oleander area. The area being improved by this project is generally bounded by A Street, California Avenue, Chester Avenue and Verde Street. Four bids were received in response to the solicitation. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. Funds in the amount of $301,212 are allocated in the 2017-18 Community Development Block Grant entitlement for this contract. There is no General Fund impact associated with this contract. Two bidders qualify as Section 3 businesses and are eligible for a bid preference. The applicable preference in this instance is eight percent of the low bid amount ($257,956.60). The adjusted prices of both Section 3 businesses did not affect the outcome of the bid results. The four bids include: BIDDER AMOUNT SECTION 3 PREFERENCE ADJUSTED BID AMOUNT Plank& Harvey, Inc. dba Cen-Cal Construction $257,956.60 Bakersfield, CA Cali Concrete Corporation* $366,146.10 $345,509.57 Bakersfield, CA DOD Construction* Bakersfield, CA $376,252.00 $355,615.47 Jim Alfter Cement Contractor $366,486.65 Bakersfield, CA *Section 3 Business City staff finds the bid submitted by Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield, to be acceptable and recommends approval of contract in the amount of $301,212. F-11 i all M I ��i 14 Ll k &-] Description D Agireeirneint Type Agireeirneint 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 PLANK AND HARVEY, INCORPORATION dba CEN -CAL CONSTRUCTION (a California Corporation) ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of concrete construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill a contract for HUD funded curb and gutter for Oleander area #17-18-43 ("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 curb and gutter for Oleander area ("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. 17-18-43 1.2.2. Special Provisions 1.2.3. Bid Security 1.2.4. Bid Proposal 1.2.5. Non -collusion affidavit 1.2.6. Equal Employment Opportunity Compliance Cert. 1.2.7. Waiver of Substitution of Securities 1.2.8. Workers Compensation Insurance Certification 1.2.9. Statement of OSHA Compliance 1.2.10 Bidders Statement Regarding Insurance Coverage 1.2.11 Non Conflict of Interest Statement 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 Certification of Assurance 1.2.22 Small Business Involvement 1.2.23 Section 3 Plan 1.2.11. Performance Bond 1.2.12. Material and Labor Bond 1.2.13. Letters of transmittal, if any 1.2.14 All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.15. Current State of California DAS 140 Form (if required by Specifications) 1.2.16 DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED THREE HUNDRED ONE THOUSAND TWO HUNDRED TWELVE DOLLARS ($301,212) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5%) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 13.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1 Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1 Provide contractual liability coverage for the terms of this Agreement. 13.2.2 Provide unlimited products and completed operations coverage. 13.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4 All policies shall be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self -Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD FINANCE DEPARTMENT 1601 Truxtun Avenue Bakersfield, California 93301 (661) 326-3744 CONTRACTOR: PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION 10112 REVERE BEACH DRIVE BAKERSFIELD, CA 93314 661-399-3759 (phone) 661-399-3812 (fax) 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer 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 45-2749617 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 962895 Expiration Date 6/30/2018 License Classification A 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 By: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: "CONTRACTOR" PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION By: PRINT NAME: Title: Insurance: NELSON SMITH Finance Director ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 Nff-ll 1.1 SUBJECT: Accept the bid and approve the contract to Plank & Harvey, Inc., d ba Cen-Cal Construction, Bakersfield ($301,212) for the construction of curb, gutter, and sidewalks for the Baker/Old Town Kern area. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited from contractors for the construction of curb, gutter and sidewalk improvements in three areas eligible to receive U.S. Department of Housing and Urban Development (HUD) funds. This contract will provide for curb, gutter, and sidewalk construction in the Baker/Old Town Kern area. The area being improved by this project is generally bounded by Beale Avenue, Flower Street, Owens Street, Pacific Street, Haley Street, Monterey Street, Brown Street, Niles Street, Virginia Street and Kentucky Street. Four bids were received in response to the solicitation. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. Funds in the amount of $301,212 are allocated in the 2017-18 Community Development Block Grant entitlement for this contract. There is no General Fund impact associated with this contract. Two bidders qualify as Section 3 businesses pursuant to federal regulations and are eligible for a bid preference. The applicable preference in this instance is eight percent of the low bid amount ($242,463.20). The adjusted prices of both Section 3 businesses did not affect the outcome of the bid results. The four bids include: BIDDER AMOUNT SECTION 3 PREFERENCE ADJUSTED BID AMOUNT Plank& Harvey, Inc. dba Cen-Cal Construction $242,463.20 Bakersfield, CA Cali Concrete Corporation* Bakersfield, CA $316,619.20 $297,222.14 DOD Construction* Bakersfield, CA $344,016.00 $325,618.94 Jim Alfter Cement Contractor $336,555.70 Bakersfield, CA *Section 3 Business City staff finds the bid submitted by Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield, to be acceptable and recommends approval of contract in the amount of $301,212. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 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 PLANK AND HARVEY, INCORPORATION dba CEN -CAL CONSTRUCTION (a California Corporation) ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of concrete construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill a contract for HUD funded curb and gutter for Baker/Old Town Kern area #17-18-44 ("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 curb and gutter for Baker/Old Town Kern area ("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. 17-18-44 1.2.2. Special Provisions 1.2.3. Bid Security 1.2.4. Bid Proposal 1.2.5. Non -collusion affidavit 1.2.6. Equal Employment Opportunity Compliance Cert. 1.2.7. Waiver of Substitution of Securities 1.2.8. Workers Compensation Insurance Certification 1.2.9. Statement of OSHA Compliance 1.2.10 Bidders Statement Regarding Insurance Coverage 1.2.11 Non Conflict of Interest Statement 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 Certification of Assurance 1.2.22 Small Business Involvement 1.2.23 Section 3 Plan 1.2.11. Performance Bond 1.2.12. Material and Labor Bond 1.2.13. Letters of transmittal, if any 1.2.14 All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.15. Current State of California DAS 140 Form (if required by Specifications) 1.2.16 DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED THREE HUNDRED ONE THOUSAND TWO HUNDRED TWELVE DOLLARS ($301,212) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5%) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 13.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1 Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1 Provide contractual liability coverage for the terms of this Agreement. 13.2.2 Provide unlimited products and completed operations coverage. 13.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4 All policies shall be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self -Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD FINANCE DEPARTMENT 1601 Truxtun Avenue Bakersfield, California 93301 (661) 326-3744 CONTRACTOR: PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION 10112 REVERE BEACH DRIVE BAKERSFIELD, CA 93314 661-399-3759 (phone) 661-399-3812 (fax) 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer 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 45-2749617 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 962895 Expiration Date 6/30/2018 License Classification A 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 By: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: "CONTRACTOR" PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION in PRINT NAME: Title: Insurance: By: NELSON SMITH Finance Director ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 iTiff-11 1.1 SUBJECT: Accept the bid and approve the contract to Plank & Harvey, Inc., d ba Cen-Cal Construction, Bakersfield ($273,441), for the construction of curb, gutter, and sidewalk for the La France Area. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited from contractors for the construction of curb, gutter, and sidewalk improvements in three areas eligible to receive U.S. Department of Housing and Urban Development (HUD) funds. This contract will provide for curb, gutter, and sidewalk construction in the La France area. The area being improved by this project is generally bounded by South H Street, Ming Avenue, El Toro Drive, Hwy. 58, Chester Avenue, and Belle Terrace. Four bids were received in response to the solicitation. The bids submitted are based on an estimated quantity of work multiplied by the contractor's unit price. Funds in the amount of $273,441 are allocated in the 2017-18 Community Development Block Grant entitlement for this contract. There is no General Fund impact associated with this contract. Two bidders qualify as Section 3 Businesses and are eligible for a bid preference. The applicable preference in this instance is eight percent of the low bid amount ($257,956.60). The adjusted prices of both Section 3 Businesses did not affect the outcome of the bid results. The four bids include: BIDDER AMOUNT SECTION 3 PREFERENCE ADJUSTED BID AMOUNT Plank& Harvey, Inc. dba Cen-Cal Construction $257,956.60 Bakersfield, CA Cali Concrete Corporation* $366,146.10 $345,509.57 Bakersfield, CA DOD Construction* Bakersfield, CA $376,252.00 $355,615.47 Jim Alfter Cement Contractor $366,486.65 Bakersfield, CA *Section 3 Business City staff finds the bid submitted by Plank & Harvey, Inc., dba Cen-Cal Construction, Bakersfield, to be acceptable and recommends approval of contract in the amount of $273,441. F-11 i all M I ��i 14 Ll k &-] Description D Agireeirneint Type Agireeirneint 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 PLANK AND HARVEY, INCORPORATION dba CEN -CAL CONSTRUCTION (a California Corporation) ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of concrete construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill a contract for HUD funded curb and gutter for La France area #17-18-45 ("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 curb and gutter for La France area ("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. 17-18-45 1.2.2. Special Provisions 1.2.3. Bid Security 1.2.4. Bid Proposal 1.2.5. Non -collusion affidavit 1.2.6. Equal Employment Opportunity Compliance Cert. 1.2.7. Waiver of Substitution of Securities 1.2.8. Workers Compensation Insurance Certification 1.2.9. Statement of OSHA Compliance 1.2.10 Bidders Statement Regarding Insurance Coverage 1.2.11 Non Conflict of Interest Statement 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 Certification of Assurance 1.2.22 Small Business Involvement 1.2.23 Section 3 Plan 1.2.11. Performance Bond 1.2.12. Material and Labor Bond 1.2.13. Letters of transmittal, if any 1.2.14 All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.15. Current State of California DAS 140 Form (if required by Specifications) 1.2.16 DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED TWO HUNDRED SEVENTY THREE THOUSAND FOUR HUNDRED FORTY ONE DOLLARS ($273,441) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5%) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5%) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 13.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1 Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1 Provide contractual liability coverage for the terms of this Agreement. 13.2.2 Provide unlimited products and completed operations coverage. 13.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.2.4 All policies shall be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self -Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages, delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD FINANCE DEPARTMENT 1601 Truxtun Avenue Bakersfield, California 93301 (661) 326-3744 CONTRACTOR: PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION 10112 REVERE BEACH DRIVE BAKERSFIELD, CA 93314 661-399-3759 (phone) 661-399-3812 (fax) 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non -assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer 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 45-2749617 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 962895 Expiration Date 6/30/2018 License Classification A 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 By: JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: "CONTRACTOR" PLANK AND HARVEY, INC. Dba CEN -CAL CONSTRUCTION By: PRINT NAME: Title: Insurance: NELSON SMITH Finance Director ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids w. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/20/2018 111-11 V 03 SUBJECT: Accept the bid from Mullahey CDJ R, Paso Robles ($75,264.75), for the replacement of two one -ton pickup trucks with flat beds for use by the Public Works Department's General Services and Fleet Divisions. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the replacement of one -ton pick up trucks with dual wheels on the rear axle with flat beds for the General Services and Fleet Divisions. Three bids were received in response to solicitation. General Services staff utilizes pickups with flat beds as part of the graffiti program. The current pickup is over 12 years old and needs interior repairs and flatbed replacement. Fleet Services staff utilizes a flatbed pickup, including a lift gate, for transporting toolboxes and other heavy items as needed. The current pickup is 30 years old and the safety restraints are no longer operational. Funds are budgeted in the Equipment Management Fund for the purchase of two replacement pickups with flat beds. The three bids received include: Mullahey CDJR 75 $75,264. Dodge Ram Paso Robles, CA 3500 Crew Cab Fritts Ford $76,882.06 Ford Riverside, CA F350 Crew Cab Reynolds Buick/GMC, Inc. GMC $78,792.22 Covina, CA Sierra 3500HD City staff finds the bid submitted by Mullahey CDJR, Paso Robles, California, in the amount of $75,264.75 to be acceptable and recommends approval of the purchase. ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids x. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/22/2018 111-11 V 03 SUBJECT: Accept the bid from Gall's, LLC, Lexington, KY ($85,585.50), for body armor for the Bakersfield Police Department. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for body armor for use by the Bakersfield Police Department (BPD). Three bids were received in response to the solicitation. Level I I IA body armor (protective vests) are components of front line law enforcement protection equipment. The BPD is required to replace 120 vests for academy graduates and for future replacement as needed. The new vests will meet or exceed BPD and National Institute of Justice specifications. In addition, each vest will be custom fitted by a factory -authorized representative for the brand vest proposed. Funds are budgeted in the Police Department's Operating Budget and State Law Enforcement Services Fund (SLESF) for this purchase. The three bids include: BIDDER AMOUNT BRAND NAME Galls, LLC Lexington, KY $85,585.50 Point Blank Proforce Law Enforcement $106,137.60 Safariland Prescott, AZ B & H International LLC Bakersfield, CA $140,736.02 Point Blank City staff finds the bid submitted by Galls, LLC, Lexington, KY to be acceptable. ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids y TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/21/2018 111-11 V 03 SUBJECT: Accept the bid from Dell Marketing, L.P., Round Rock, TX ($151,474.80) for two replacement Dell storage area network devices. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the replacement of Dell storage area networks (SAN). Two bids were received in response to the solicitation. These devices are for the replacement of existing end of life equipment necessary for the City's storage capacity for documents, video, images, and other file types. These networks also provide redundant copies of backed up data, which will provide maximum data security and lower the risk of downtime or data loss. Funds are budgeted in the Equipment Management Fund for the purchase of two Dell SAN replacement units. The two bids received includes: BIDDER AMOUNT Dell Marketing, L.P. $151,474.80 Round Rock, TX Mvation Worldwide, Inc. $169,038.87 Glen Cove, NY Staff finds the lowest bid submitted by Dell Marketing, L.P. to be acceptable. ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent -Bids z. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/28/2018 &1[11 1.1 SUBJECT: Rehabilitation of sewer lift station at Office Park Drive: 1. Accept the bid and approve the contract with SW Construction ($278,102.30) for construction of said project. 2. Transfer $350,000 from the Sewer Lift and Storm Pump Station - Various Locations Capital Improvement budget to the Sewer Lift Station at Office Park Drive Project within the Sewer Enterprise Fund (Wastewater Treatment Plant No. 3). STAFF RECOMMENDATION: Staff recommends acceptance of the low bid and approval of the contract and transfer. BACKGROUND: The Public Works Department, Street Sewer staff has experienced significant and recurring maintenance issues with the existing sewer lift station near Office Park Drive behind the Rain for Rent building. Therefore, City staff expedited design of the modifications necessary to alleviate these maintenance issues. The design was originally budgeted within the FY 2017-18 capital improvement budget, with the rehabilitation to be funded in a future year. However, due to the ongoing operational issues, it was determined the lift station required immediate repairs. This project consists of rehabilitating the existing sewer lift station, bypass pumping with continuous monitoring necessary for lift station work, cleaning and relining the existing wet well, replacement of pumps, replacing mounting equipment and piping, replacement of controls and electrical with SCADA ready equipment, installation of new chain link fencing with gate, clearing and grubbing, and minor concrete. The engineer's estimate for this project was $222,900. On January 30th, 2018, the City received three bids for this project. All three bids were deemed acceptable. Those acceptable bids include: SW Construction 5630 District Blvd Bakersfield, CA 93313 GSE Construction Company, Inc 6950 Preston Avenue Livermore, CA 94551 in the amount of $278,102.30 in the amount of $332,100.00 Pyramid Building & Engineering, Inc. in the amount of $506,540.00 10975 G Avenue Hesperia, CA 92345 As part of the approved budget, the CIP budget includes $1 million in Sewer Enterprise funds to fund miscellaneous priority and emergency repairs for the City's lift stations and SCADA monitoring systems. City staff proposes to transfer $350,000 currently available for this type of work to the Office Park Drive lift station project in order to immediately begin to rehabilitate this lift station. City staff recommends transferring more than the bid amount to cover potential change orders, construction inspection services, and miscellaneous costs. Sewer Enterprise funds provide the funding source for this project. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT ("Agreement") is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and SW CONSTRUCTION, (an Individual) ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that 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 retain CONTRACTOR to construct the Rehabilitation of Sewage Lift Station at Office Park Drive, Bakersfield, California ("Project"), as set forth herein, which is not paid for with federal funds. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). 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. The following documents are incorporated herein as if fully set forth: Notice to Contractors Special Provisions Bid Proposal Bidder's Bond Performance Bond Material and Labor Bond Letters of transmittal, if any All provisions required by law to be inserted in this Agreement C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 1 of 12 February 15, 2018 03107118CC A GENDA PA CKET PG 390 whether actually inserted or not Current State of California DAS 140 Form (if required by Specifications) Drawings, if any Public Contract Code § 22300 (Escrow Accounts) Current State of California DIR - PWC 100 Form Required Federal -Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded) Subcontracting Request Form (Exhibit 16-13, LAPM) (if Project Federally Funded) Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded) Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their 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 this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed Two Hundred Seventy Eight Thousand, One Hundred Two Dollars and Thirty Cents ($278,102.30). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 2 of 12 February 15, 2018 03/07/1 CC A GENDA PA CKET PG 391 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from 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 from payments to CONTRACTOR, unless otherwise prohibited by law. 3. 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 those 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. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 3 of 12 February 15, 2018 03107118CC A GENDA PA CKET PG 392 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 5.1.3. 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; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. 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 those subcontracts at its sole discretion. 5.3. 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. 6. 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 4 of 12 February 15, 2018 03107118CC A GENDA PA CKET PG 393 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. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 5 of 12 February 15, 2018 03/07/1 CC A GENDA PA CKET PG 394 project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. 14. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 6 of 12 February 15, 2018 03/07/1 CC A GENDA PA CKET PG 395 will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 7 of 12 February 15, 2018 03/07/1 CC A GENDA PA CKET PG 396 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 8 of 12 February 15, 2018 03107118CC A GENDA PA CKET PG 397 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or 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. 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 that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work 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. 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, C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 9 of 12 February 15, 2018 03107118CC A GENDA PA CKET PG 398 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. 21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 24. COUNTERPARTS. 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. 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. 26. 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. 27. 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. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 10 of 12 February 15, 2018 03/07/1 CC A GENDA PA CKET PG 399 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: SW CONSTRUCTION 5630 District Boulevard Suite #107 Bakersfield, California 93313 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx Page 11 of 12 February 15, 2018 03/07/1 CC C i 400 35. 36. CONTRACTOR'S LICENSE INFORMATION. License Number Expiration Date License Classification TAX NUMBERS. 971158 March 31, 2018 A -General Engineering Contractor B -General Buildina Contractor CONTRACTOR's Federal Tax ID Number 45-5206302 CONTRACTOR is a corporation? Yes No x (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 ANDREW HEGLUND Deputy District Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT "CONTRACTOR" SW CONSTRUCTION By: PRINT NAME: ELIAS GARCIA Title: Owner Insurance: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6B1- 93FB531 DCBB2\PDFConvert.10578.1 .Rehab_of_Sewage_Left_Stn_ _Agreement_.docx February 15, 2018 Page 12 of 12 By: NICK FIDLER Public Works Director COUNTERSIGNED: 1.2 NELSON SMITH Finance Director C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\514D4D6E-DDA7-4A7F-B6BI- 93FB53]DCBB2\PDFConvert.10578.1.Rehab-of Sewage_Left-Stn_-_Agreement-.docx Page 13 of 13 February 15, 2018 03107118 CC A GENDA PA C PG 4 02 ADMINISTRATIVE REPORT MEETING DATE: 3/7/2018 Consent- Bids aa. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/25/2018 WARD: Ward 5, 6 SUBJECT: Sewer rehabilitation in the Campus Park area between Old River Road and Gosford Road: 1. Accept the base bid and Additive Alternate No. 1, and approve the contract with I nsituform Technologies, LLC. ($1,927,554), for said project. 2. Appropriate $200,000 in Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. STAFF RECOMMENDATION: Staff recommends acceptance of the low base bid and additive alternate No. 1, and approval of the contract and appropriation. BACKGROUND: The project consists, in general, of installing 6,575 linear feet of cured -in -place -pipe (CI PP) liner within an existing 39 -inch pipe located along five local streets between Old River Road and Gosford Road. The project includes cleaning and video inspection of the 39—inch sewer line, manhole rehabilitation of 17 existing manholes using epoxy and polyurethane spray -on liner. The project will also require a temporary sewer bypass system and traffic control and detour plans. This project also includes relining approximately 165 linear feet of existing 30 -inch pipe that is associated with the recent emergency work located at the intersection of Harris Road and Ashe Road. During repair of the collapsed sewer line, City staff found the section of pipeline beneath the Arvin -Edison Canal to be structurally sound, but in need of a liner to protect the exposed concrete from further deterioration due to the sewer gases. While the project for Campus Park was bidding, City staff issued an addendum to include this additional lining work. The additional work at Harris Road and Ashe Road will also require one manhole rehabilitation as well as a temporary sewer by-pass system. The engineer's estimate for this project, prior to adding the Harris Road and Ashe Road section, was $1,850,000. On February 15, 2018, the City received five bids for said project. The lowest responsible bidder was determined on the base bid amount. All five bids were deemed acceptable and include: Insituform Technologies, LLC Base Bid Amount: $1,841,217.00 17988 Edison Avenue in the amount of Additive Alternate No. 1: $ 86,337.00 Chesterfield, MO 63005 Total Bid Amount: $1,927,554.00 Sancon Engineering, Inc. Base Bid Amount: $1,998,165.00 5841 Engineer Drive in the amount of Additive Alternate No. 1: $ 131,808.00 Huntington Beach, CA 92649 Total Bid Amount: $2,129,973.00 SAK Construction, LLC Base Bid Amount: $2,215,515.00 864 Hoff Road in the amount of Additive Alternate No. 1: $ 232,175.00 O'Fallon, MO 63366 Total Bid Amount: $2,447,690.00 Southwest Pipeline Base Bid Amount: $2,520,295.00 22118 S. Vermont Avenue in the amount of Additive Alternate No. 1: $ 206,385.00 Torrance, CA 90502 Total Bid Amount: $2,726,680.00 Michel's Pipeline Construction Base Bid Amount: $3,724,615.00 1715 16th Street in the amount of Additive Alternate No. 1: $ 173,616.00 Salem, OR 97302 Total Bid Amount: $3,898,231.00 An additional appropriation of $200,000 is needed to fund Additive Alternate No.1 and to provide sufficient funding for potential change orders and other miscellaneous costs. Sewer Enterprise funds provide the funding source for this project. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description D Coir stial(.601r] PiroJects /kgireeirneint Type /kgireeirneint AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and INSITUFORM TECHNOLOGIES, LLC, a Missouri Corporation ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that 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 retain CONTRACTOR to construct the Sewer Rehabilitation in Campus Park Area (CIPP Liner) from Old River Road to Gosford Road, Bakersfield, California, as set forth herein, [which is not paid for with federal funds]. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. 1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project ("Scope of Work"). 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. The following documents are incorporated herein as if fully set forth: Notice to Contractors Special Provisions Bid Proposal Bidder's Bond Performance Bond Material and Labor Bond Letters of transmittal, if any Page 1 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03107118CC A GENDA PA CKET PG 4 05 All provisions required by law to be inserted in this Agreement whether actually inserted or not Current State of California DAS 140 Form (if required by Specifications) Drawings, if any Public Contract Code § 22300 (Escrow Accounts) Current State of California DIR - PWC 100 Form Required Federal -Aid Contract Language (Exhibit 12-G) (if Project Federally Funded) Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded) Subcontracting Request Form (Exhibit 16-13, LAPM) (if Project Federally Funded) Prevailing Wage Rates (Davis -Bacon) (if Project Federally Funded) Title VI Assurances and Appendices (if Project Federally Funded) 1.2. If CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their 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 this Agreement. 2. COMPENSATION/PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed One Million Nine Hundred Twenty Seven Thousand, Five Hundred Fifty Four Dollars and Zero Cents ($1,927.554.00). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to Page 2 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC C i 406 CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from 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 from payments to CONTRACTOR, unless otherwise prohibited by law. 3. 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 those 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. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; Page 3 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 3/7/1 CC C i 7 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 5.1.3. 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; and 5.1.4. CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to provide all information requested by CITY will be a material breach of this Agreement. 5.2. 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 those subcontracts at its sole discretion. 5.3. 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. 6. 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 Page 4 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03107118CC A GENDA PA CKET PG 4 08 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. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 12. 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 Page 5 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC C i 409 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. 13. 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. 14. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 14.1.2. Commercial general liability insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage; 14.1.2.3. Provide premises, operations, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the Page 6 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC A GENDA PA CKET PG 410 provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 14.2. General Provisions Applying to All Insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. Page 7 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC C i 411 14.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work. Page 8 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03107118CC A GENDA PA CKET PG 412 15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or 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. 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 that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the Scope of Work 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. 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 Page 9 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03107118CC A GENDA PA CKET PG 413 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. 21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 24. COUNTERPARTS. 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. 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. 26. 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. 27. 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 Page 10 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC A GENDA PA CKET PG 414 the parties to this Agreement. 28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 32. 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: INSITUFORM TECHNOLOGIES, LLC 17988 Edison Avenue Chesterfield, MO 63005 33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, Page 11 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC A GENDA PA CKET PG 415 photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 35. CONTRACTOR'S LICENSE INFORMATION. License Number 758411 ,A Expiration Date 7/31/18 License Classification A -General Engineering Contractor 36. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 13-3032158 CONTRACTOR is a corporation? Yes x No (Please check one.) [Signatures on Following Page] Page 12 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 03/07/1 CC C i 416 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 1.2 ANDREW HEGLUND Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: 1.2 "CONTRACTOR" INSITUFORM TECHNOLOGIES, LLC in PRINT NAME: Title: Page 13 of 13 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-4989-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction_Projects_Agr- Campus_Park Area.docx Updated -February 16, 2018 3/7/1 CC C i 417 NELSON SMITH Finance Director Page 14 of 14 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4AC707E4-8FA5-49B9-9AD6-B38D5A7126F6\PDFConvert.10490.1.Construction-Projects-Agr- Cam pus_Park-Area.docx Updated -February 16, 2018 0 3/0711 8 CC A GENDA PA C PG 418 �d 9 �ADMINISTRATIVE REPORT do�rodv��, MEETING DATE: 3/7/2018 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 2/20/2018 SUBJECT: Public hearing to consider a resolution ordering the vacation of the 20 foot wide alley running east and west, bounded by Sumner Street, Sonora Street, East 21 st Street, and Sacramento Street. STAFF RECOMMENDATION: Staff recommends adopting the resolution. BACKGROUND: Tyack Tires, Inc., the property owner of 211 Sumner Street, has requested the vacation of the 20 foot alley running east and west, bounded by Sumner Street, Sonora Street, E. 21 st Street, and Sacramento Street. The property owner has also provided signatures of all adjacent property owners, along the alley to be vacated, who are in favor of vacating the alley. The property owners have seen an increase in theft and property damage, and wish to secure the entrances to the alley with lockable gates. The City Fire, Police, Public Works, Community Development, Water, Recreation and Parks, and GIS Departments have been notified of the request and no objections have been received as of the date of this report. Public Works staff notes there are not any City storm drain facilities in the area. The utility companies servicing the area have been notified by mail. There are City sewer facilities and private utilities within the proposed vacation area; therefore, a public utilities easement will be reserved. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of the report. The proposed vacation was approved by the Planning Department on January 17, 2018, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of CEQA guidelines (general rule), because there is no possibility the action may have a negative effect on the environment. On February 7, 2018, Council approved Resolution of Intention No. 1954, which set the public hearing date of March 7, 2018, for consideration of this vacation. ATTACHMENTS: Description Type ReSdUtblrl for vacadoin of the 20' hide aAby irallrllNing east D and west, liaaaaainde d lby SUIrTlineir Stireet, Sonora Stireet, E Resokltblrl 21 st Stireet, and Sacirairnento Stireet D ExhbUk I egall Descidptbin ExhNt D EkNNtB RoWap ExhNt RESOLUTION NO. A RESOLUTION OF THE COUNCIL TO VACATE THE 20' WIDE ALLEY RUNNING EAST AND WEST, BOUNDED BY SUMNER STREET, SONORA STREET, E. 21ST STREET, AND SACRAMENTO STREET (WARD 2) WHEREAS, on WEDNESDAY, February 7, 2018, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, declaring its intention to vacate the 20' wide alley running east and west, bounded by Sumner Street, Sonora Street, E. 21St Street, and Sacramento Street (Ward 2); and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on March 7, 2018, after notices of said hearing were duly published and posted as required by law; and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, on January 17, 2018, Planning Department found the vacation to be consistent with the Metropolitan Bakersfield General Plan, per local ordinance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council orders the vacation of the 20' wide alley running east and west, bounded by Sumner Street, Sonora Street, E. 21 It Street, and Sacramento Street, (more specifically described on Exhibit "A" and illustrated in Exhibit "B", which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California. 4. The City is to reserve a 20 foot Public Utility Easement (PUE) over the vacated area of the alley running east and west, bounded by Sumner Street, Sonora Street, E. 21 It Street, and Sacramento Street. 5. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. 000 --------------- S:\Street Vacations\21 1 Sumner Alley\Resolution Final Hearing.doc Page 1 of 2 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY 1.2 ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" S:\Street Vacations\21 1 Sumner Alley\Resolution Final Hearing.doc Page 2 of 2 EXHIBIT "XI A portion of Block 88 of the City of Bakersfield formerly known as the Town of Kern That portion of Block 88 of the City of Bakersfield formerly known as the Town! of Kern per map recorded January 12, 1889 in Book 1 at Page 15 and 16 of Maps filed in the office of the Kern County Recorder, also being a portion of the Northwest quarter of Section 29, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: That portion of the 20 foot wide alley within said Block 88 bounded on the West by the Easterly Right of Way line of Sacramento Street, 80 foot wide, and bounded on the East by the Westerly Right of Way line of Sonora Street, 80 feet wide. RESERVING a nonex6lusive easement and Right of Way for public utilities, to lay, construct, operate, maintain, repair, reconstruct, change the size of or remove pipelines, conduits, cable, wires, poles or any other structures, fixtures or equipment, in, under, across, over and upon the 20 foot wide alley of said Block 88. Containing approximately 8,000, square Ter: End of Description sAstreet vacationsQ1 1 summer alley%xhibft a legal description,doc a I '06, il]�JiS OINIM6OVS m ('D Ld Lij > < gq-j C) v) < > L.J N. U., m 10 < Ld Z") LJ illl�jis V�JONOS cc_ IL < il]�JiS OINIM6OVS m CD gq-j (N L 'd ........ cll� . .. 0 0 il]�JiS OINIM6OVS m