Section 6: The adoption of this Resolution constitutes the annexation of the approved Annexation Territory to the District, the boundaries of which are contained in the Assessment Diagram; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessment for the fiscal year commencing July 1,2022 and ending June 30,2023, as described in the approved Engineer's Report and adopted by the City Council, and the County Auditor of Kern shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer's Report, and such levies sha!! be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 7 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval of the annexation of the Annexation Territory to the District; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rate(s), assessment range formula and the assessments for Fiscal Year 202212023 as described in the approved Engineer's Report as submitted or amended herein.
Section 8. The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 202212023 as approved, with the County Auditor of Kern upon adoption of the annual Resolution confirming the annual assessments for all Zones and parcels in the District.
t,
PASSED, APPROVED, AND ADOPTED thiS day of
Mayor
City of Tehachapi
City Clerk
City of Tehachapi
(STATE OF CALTFORNTA)
(couNrY oF KERN)
(crw oF TEHACHAPT)
SS
, City Clerk of the City of Tehachapi,
County of Kern, State of California do hereby certiff that the foregoing Resolution No was regularly adopted by the City Council of said City of Tehachapi at a regular meeting of said council held on the
2022 by the following vote:
day of
AYES
NOES
ABSENT
ABSTAINED
City Clerk
City of Tehachapi
,2022.
TE HACHAPI
L IVE U P
CITYOFTEHACHAPI
LAN DSCAPING AN D LIGHTING
DlsrRlcTI{o. 1
ENGINEER'S REPORT
AuruexnrrcN oFTeRnronv
AND
EsrneusHMENT or Zonr No. 16
(Tnncr 6668)
FrscnlYene2O2l,/2O22
,f{wl LLDAN
lntent Meeting: November L5,2O2L
27368 Via lndustria Public Hearing: January 1:8,2022
Suite 20O
Temecula, CA 92590
T 95r-s87.3500 | 800.7ss.6864
F 95r-587.3510 | 888. 326.6864
PropertyTax lnformation Line
T.866.807.5864
www.willdan.com
Eng ineer's Report Affidavit
Tehachapi Landscaping and Lig htin g District No. 1
(Tract 6668)
Annexation of Territory and
Establishmentof Zone No. 16
FiscalYear 2021D022
City of Tehachapi
Kern County, State of California
As part of the Resolution of lntention packet presented for the consideration of he Tehachapi City Council, his Reportand the enclosed budgets, diagrams, and descriptions outline the proposed annexation of tenitory into the Tehachapi Landscaping and Lighting District No .1 and the resulting establishment of Zone 16 and assessment related thereto commencing in FiscalYear 2022D023. Reference is hereby made to the Kem County Assessor's Maps for a detailed description of the lines and dimensions of the parcels within the annexation of tenitory and subject to the proposed assessment. The undersigned respectfully submits he enclosed Report as directed by the City Council of the City of Tehachapi.
Dated this 1Sth dayof December ,2021.
Willdan Financial Services
Assessment Engineer
0n Behalf of he City of Tehachapi
tsy;
1;flr, .-
-T: 1'qrv$l"
Stacee Reynolds
Seniff Projnd Manager
By:
Tyrone Petu
R. C. E. # C81888
NO.
ElEEE
+ +
rfqF
F-+-+€*_
TABLEOF CONTENTS
INTRODUCTION...
DescRrpror or lupRovEMENTS To BE MarrrnneD AND Senvrceo..
PART B
-
METHOD OF APPORTIONMENT
Specrll Beu err Axmvs rs
Gerenar Beuerr Anarvsrs..
1 Bellor PRoeeorrcs 1
PART A
-
PLANS AND SPECIFICATIONS. ..................4
DescRrproN oF TH E An r exllor T enRrony ...............
ApponrpxMENT.........
4 4
6 7
7 7
7 I
I
9 Exeupr PeRcels
Assessuerr M erxoooLocY
Eouvru-err Benerr Urrs .
Arlull lrrutto unv Ao.r usrmew (Asses uem Rnloe Fonuuu).
PART D -ANNEXATION TERRITORY DIAGRAM
PART E -ASSESSMENT ROLL..
EBU ApplrcATroN ev Leuo Use 10
PART C
-
ESTTMATE OF TMPRoVEMENT C0STS........ .................11 Zore 16 Buocer 11
12 13
15 ,t{wtLLDAN
INTRODUCTION
Pursuant to the provisions of the Landscap e and Lighting Act of 1972, being Paft 2 of Division 1 5 of the Califomia Streets and Highways Code, commencing with Section 22500 ('1972 Act') '), this Enginee/s Report (hereafter refened to as "Report') is prepared in compliance with the requirements of Article 4, Chapter 1, of the 1972 Actregarding the annexation of tenitoryinto the City of Tehachapi's(refened to as "City") existing Tehachapi Landscaping and Lighting District No .1 ("District').The Tehachapi City Council being the legislative body for the District, may, pursuant to the 1972 Acl, annex tenitory and levy annualassessmenb for the maintenance, operation, and administration of improvemenb authorized under the 1972Act. ln Sectlon22608of the 1972Actitstates,'ightof majorityprotestshallbelimitedtotheteritory proposed to be annexed".
ln addition, the 1972 Act providesfor the levy of annualassessmenb after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements, The 1972 Act further allows various areas to be annexed into an existing district when the tenitory in the annexation receives substantially the same proportional special benefits from the improvements. The costs associated wifi the installation, maintenance, and servicing of the improvemenb may be assessed to properties, which benefit ftom the installation, maintenance, and servicing of such improvements.
This Report specifically addresses the annexation of Tract 6668 consisting of 4.99 acres of land to be subdivided into eighteen (18) residential dwellings. The territory is more specifically identified as:
of Fig Drive and norh of Pinon Street.
These master case developments currenfly include original parcel numbers on Assesso/s Parcel Book 416,
This annexation tenitory is proposed to be annexed into District as Annexation Zone 16 (refened to as "Annexation Tenitory'')and levied assessments commencing in FiscalYear202212023.
The properties associated wih and identified herein as Annexation Tenitory are shown on the Assessment Diagrams incorporated herein as Part D of this Report.
Ballot Proceedings
As part of his annexation proceeding, pursuant to the provisions of Article XlllD, Section 4 of the California Constitution (refened to as "Article XlllD'), the City shall conduct a property owner protest ballot proceeding (referred to as "Ballot Proceeding") for the proposed levy of new assessmenb as described in this Report. ln conjunction with this Ballot Proceeding, the City Council willconduct a noticed public hearing (scheduled for January 18,2022) to consider public testimonies, commenb, and written protests regarding the levy of the proposed new assessmenb. Upon conclusion of the public hearing, property owner protest ballob received will be opened and tabulated to determine whether majority protest exists:
'A majority protest exisfs lf upon the conclusion of the hearing, ballots submilted in opposition to the assessment exceed the ballots submifted in favor of fhe assessment. ln tabulating the ballots, the ballots shall be weighted according to the proportional financialobligation of ttre affected property.' After completion of the ballot tabulation, the City Council will confirm the results of the balloting. lf majority protest exists the proposed new assessments (including the inflationary adjustrnent), further proceedings to Tehachapi LLD No.1 An nexation Territo ry Zone 16 Page 1 ,t{wtLLDAN
implement the proposed new assessmenb and the annexation of fie Annexation Territory shall be abandoned at that time.
lf tabulation of the ballob indicates that majority protest does not exist fur the proposed assessment and the assessment range formula presented and described herein, the City Council may by Resolution approve this Report (as submitted or amended), order the annexation of tre Annexation Tenitory to the Distict, appro\,e the assessment diagram, and confirm the assessmenF. The City Council may orderthe levy and collection of the assessments for the Annexation Tenitory with the assessmenb for other properties in the District during the annual assessment approval process for Fiscal Year 20222023. The Annexation Tenitory assessmenb for FiscalYear 20222023, shall be submitted to the Kern County Auditor/Controllerfor inclusion on the property tax roll for each parcel within the Annexation Tenitory as approved and ordered by the City Council in Fiscal Y ear 20222023.
Each subsequentfiscal year after Fiscal Year 2021n022, an Enginee/s Report for the District including the Annexation Tenitory shall be prepared and presented to the City Councilto address any proposed changes to the improvements, budget, and assessmenb for that fiscalyear. The City Council shallhold a noticed public hearing regarding these matters prior to approving and ordering the levy of such assessmenb.
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 2
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This Report consisb of five (5) parts:
PART A. PLANS AND SPECIFICATIONS
Provides an overall description of the District, the Zone therein and the improvements to be provided including those improvemenb associated with the Annexation Territory being addressed by this Report, The Zones previously established for this District or established herein as part of this annexation proceeding s are based on the type of improvements and services provided to properties within each developmentand the type of property development(residential versus non+esidential).
PART B - METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the Annexation Territory of the District, in proportion to the estimated benefib to be received by such lob and parcels. Thb section also identifies and ouflines an Assessment Range Formula that provides for an annual adjustmentto the maximum assessment rate initially established by this Report. This Assessment Range Formula limib increases on fufure assessmenb, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.
PART C - ESTIMATE OF COST OF THE IMPROVEMENTS
An estimate of the annualexpenditures and revenues budgeted for the maintenance and servicing of the landscaping and streetight improvements installed and constructed in connection with the development of properties within he Annexation Tenitory and/or shared with oher properties in fie District that benefit fom similar improvemenb. The budget(s) include an estimate of anticipated direct maintenance cosb and incidental expenses associated wifi the improvemenb, including but not limited to administration expenses and the collection of appropriate fund balances. The maximum assessment rates established for the Zones are based on similarities in property developmenb, improvemenb, services, and expenses. The maximum allowable assessment rate (Rate per Benefit Unit) for each Zone of the District, as approved by a vote of the property owners in a protest ballot proceeding, includes an assessment range formula that provides for an annualConsumer Price lndex adjustment to the maximum rate.
PART D . ASSESSMENT DIAGRAMS
Contains a Diagram of the exterior boundaries ofthe Annexation Tenitory along with the lines and dimensions of each lot or parcelof land within the Annexation Tenitory.
PART E. ASSESSMENT ROLL
ldentifies the maximum assessment to be levied on each benefited lot or parcelof land within the Annexation Territory.
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 3
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PART A
-
PLANS AND SPECIFICATIONS
DescRrproN oF THE AHrurxlrou TenRtronv
TheAnnexation Territory and ultimately Zone 16 of the District, consists of two parcels and subdivision of land within the planned residential area referred to as Tract 6668 which encompasses an area of land totaling approximately five (4,99) acres located north of Pinon Street, and east of Fig Drive.
The area consist of two vacant parcels, to be subdivided into 18 single-family residential lots, Development is planned to be 18 single-family residential lots with a 9,000 square foot minimum size, which will be developed on 4.99 acres of land. Assessor Parcel Number ("APN") 416-120-02-00 & 416-120-03-00 currently encompass all parcels of land within the Annexation Territory.
DescRtprtox or lrupnovEMENTS To BE MlltrrurueD AND SeRvtceo The improvements installed, maintained, and serviced within the Annexation Zone 16 are generallydescribed as streetlights, landscaping, and irrigation improvements within or adjacentto the Annexation Territory and surrounding properties. Together these improvements provide special benefits to those individual parcels located within the Annexation Territory. These improvements collectively may include, but are not limited to:
landscaping, lighting, planting, shrubbery, trees, grass, bark, other ornamentalvegetation, inigation systems, hardscapes, and fixtures; facilities which are appurtenantto any of the foregoing or which are necessary or convenientforthe maintenance orservicing thereof, including,butnot limited to, clearing,removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, orwater, irrigation, drainage, or electrical facilities.
The Annexation Territory, as part of Landscape and Lighting District No. 1, willfund costs in connection with the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements,
Maintenance means the fumishing of services and materials for the ordinary and usual maintenance, operation and servicing of the streetlights, landscaping, and appurtenant facilities, including repair, removal or replacement of all or part of any of the streetlights, landscaping, or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, other solid waste; and pest conhol; the cleaning, sandblasting, and painting of walls and other improvemenb to remove or cover graffti.
Servicing means the furnishing of electricity for the operation of streetlights and any appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the landscaping and ap pu rtenant faci I ities.
The improvements to be provided and maintained for the special benefitof the parcelwithin Zone 16 are identified as streetscape areas within the public righlof-way near or adjacent to the Annexation Territory.
More specifically these streetscape improvements are identified as:
The following streeb will receive street improvements in the annexation territory:
40-feet. Development to improve entire street within the dedicated right-of-way.
Tehachapi LLD No.1 An nexation Territory Zone 16 Page 4 ,t{wtLLDAN
north half) for a 90-foot right-of-way and curb{o-curb distance of 68 feet based on a kaffc index for pavement of 7.0 or as required by the City Engineer along the subject tract's entire fontage. lmprovements to Pinon Street to include an additional five (5) feet of parkway or easement for landscape installations.
established per Tract Map No. 4985 and complete % street improvemenb on the west side of Tract Map No. 6668.
60-foot right-oflway and curb{o-curb distance of 40-feet based on a traffc index of 5.0. Development is required to install% street improvements plus 10 feet, a 60-foot right-of-way and curb-to-curb distance of 40-feet based on a traffc index of 5.0.
Development is required to install % street improvemenb plus 10 feet.
Park !mprovements:
The park improvements may include, but are not limited to, the maintenance of the park landscapirg including, ground cover, shrubs, trees, plants, irrigation and drainage systems, omamental lighting structures, masonry walls or other fencing and associated appurtenant facilities located with in the Neighborhood Park.
The parcels within the District are assessed proportionately for the costs associated witr the improvements and services provided through the District that provides a special benefit to each parcel assessed, utilizing the method of apportionment described in Part B of this Report.
Park lmprovement Benefit
The special benefit received for the Neighborhood Park known as Wanior Park is determined based on the potential use each Zone in close proximity to the Neighborhood Park will receive from park improvements.
The Neighborhood Park is a public park witr special benefit to the 0riginal Distict Tract 6062 along with Zones 1,2,3,6, 8, and the new Annexation Tenitory Zone 16 if approved, Wanior Pa* is located west of Clasico Drive and east of Dolce Court.
The following identifes the percentage allocation of the maintenance cost assigned to each zone based on Equivalent Benefi t Unit:
. Original District (Tract 6062), 5.0%
o Zone1, 4.5o/o
. Zone2,5.5o/o
. Zone3,50.0%
. Zone6,1.2o/o
. Zone 8,4.0o/o
. Zone 16, 1 .0% *
*Note-allocated percentage if approved throrgh Malority protest hearing.
Tehachapi LLD No.1 An nexation Territory Zo ne'l 6 Page 5 ,t(wtLLDAN
Due to the location of the 5.9-acre Neighborhood Park located in Zone 3, it is estimated that the primary users of that park will be fom Zone 3 so 50% is estimated to be special benefit to the parcels in hat Zone with the remaining percentage being allocated to the sunounding benefiting communities located within lr mile of the park. This lzlmile radiuswas used to determine which otherzones receive benefitftom the regional facility.
The District improvements cleady provide some measure of general benefitto properties oubide the identified Zones, and it is recognized that park and recreational improvemenb inherenfly provide generalbenefit to people and fie public in general. While much of the benefib to people are more directly tied to Recreational Programs (which are not part of the funding provided by the District or contemplated by this Report), the park and recreational facilities themselves provide indirect benefits to people within the District and the public in general, such as:
provides a positive atmosphere and reduces idle time that might otherwise result in criminal activities; These indirect benefits may be considered more general than special but are dificult to measure quantitatively. The need for, and the utility of, pa* and recreational improvemenb is created by the development of residential and non-residential land uses. Benefib to people are largely secondary benefits created by the primary benefib of increased recreationalaccess of more concenfated developmenb and conservatively, it is estimated that no more than ten percent (10%)of the cost to provide and maintain such improvements is attributable or considered a general benefitto the overall public, Based on the preceding discussion and due to the broad nature of Neighborhood Parks, collectively, it has been determined that approximately twenty-nine percent (28.8%)of the cosb to provide the Neighborhood Park improvements are attributable to generalbenefit,
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 6
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PART B
-
METHOD OF APPORTIONMENT
BRcxeRouxo
The 1972 Act provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district or annexation in proportion to the estimated benefits to be received by each lot or parcel ftom the improvements. ln addition, the California Constitution Article Xlll D requires a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Article Xlll D further provides that only special benefib are assessable, and the City must separate the general benefits ftom the special benefib conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefib conferred on the public at large, including real property within the distnct or annexation. The generalenhancement of property value does not constitute a special benefit.
Specnl BenerrArelYsrs
The ongoing maintenance of public landscaped areas within the District provide aesthetic benefib to the properties within each respective Annexation and more specifically, those improvemenF identified in Part A of tris Report, provide aesthetic benefib to the properties within the Annexation Tenitory and create a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities, serve as an aesthetically pleasing enhancement and green space fur the benefit of those parcels and developmenb within the Annexation Tenitory. These improvements are an integral part of the physical environment of parcels wihin the Annexation Tenitory and the associated Dishict, providing a positive enhancement of the community's character, attractiveness, and desirability. Collectively the improvemenb to be provided by the District and specificallyfor the Annexation Territory as part of Annexation Zone 16 represent a physical extension of those parcels, and if the improvements are not properly maintained, it is these parcels that would be aesthetically burdened. As a result, the maintenance of these landscaped improvemenb and amenities are a particular and distinct benefit to the properties within the Annexation Tenitory.
GeneRru BexerrAruelvsrs
Pursuant to the 1972 Act and the provisions of the California Constitution, the cosb of the District are apportioned by a formula or method that fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefit to be received by each such parcel from the improvemenb. Article XlllD requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit confened on that parcel. Article XlllD also requires the agency to separate the general benefit from special benefit and that only special benefit is assessable.
Each parcelwithin the District receivesspecial benefitfrom the improvements dueto the close proximity of the improvements to each parcel. The cost to provide maintenance and servicing of the improvemenb within the District is fairlyand equitablydistributed among each assessable parcel based upon the estimated special benefit received by each parcel.
ApponrorMENT
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit fom the improvements maintained, serviced, and funded by the assessmenb and specifically, the landscape and inigation improvements installed in connection with the development of these Tehachapi LLD No.1 Annexation Territory Zone 16 Page 7
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parcels. The desirability of properties within he District is enhanced by the presence of well-maintained landscaping improvemenb in close proximity to those properties.
The cosb to provide maintenance and servicing of the improvements within or adjacent to the original area and each annexation area represent a zone of benefit ("Zone")and provide a distinct and special benefit to each parcel in the Zone. The msts to provide maintenance and servicing of the improvemenb fur each Zone are determined and are fairly and equitably distributed among each assessable parcel in the Zone based upon the estimated special benefit received by each parcel. The cosb of the Report and District administration are fairly and equitably distributed to allZones, including those that have no improvemenb or that are fully or partially self-maintained.
ln addition to the use of Zones, the method of apportionment established fur the District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment commonly referred to as an Equivalent Benefit Unit ("EBU") methodology.
Assessable parcelswithin the Zone is determined to receive the same special benefit fom the improvements due to their similarity in size and use and their similar proximity to the improvemenb, Therefore, each assessable parcel in aZone is assigned 1 EBU.
An assessment amount per EBU ("Rate") for he Zone improvements is established by taking the total cost of the improvemenb and dividing that amount by the total number of EBUs for parcels benefting from such improvemenb,
Total Balanceto Levy / Total EBUs = Levy perEBU ("Rate") This amount is then applied back to each parcel's individual EBU to determine each parcel's proportionab benefit and assessment obligation.
Rate x Parcel EBU = Parcel LevyAmount
Exempr PARcELS
Thefollowing areexemptfom the assessment areasof streets, avenues, lanes, roads, drives, courts, alleys, public easemenb, righb-of-way, parkways, and drainage/pond basins. Also exempt are utility righb-of-way used exclusively for utility transmission, common areas (such as in condominium complexes), land dedicated as open space or parks, landlocked parcels, and small parcels vacated by the City, as these parcels do not benefit from the improvemenb. ln addition, public schools, govemment agencies, and parcels wih no road fontage willnot be assessed.
AssessmeN T M ETHoDoLoGY
ln reviewing the proposed improvemenb and developmentplans for Tract 6668, it has been determined that the overall method of apportionment previously established for properties with Landscaping and Lighting District No. 1 is appropriate and applicablefor the improvements and property within Annexation 16. This previously established methodology calculates the receipt of special benefit from the respective improvemenb based on the land use of each parcelas compared to other parcels and the relationship those parcels have to the improvemenb. This Assessment Methodology assigns each parcel a number of EBUs (Equivalent Benefit Unib) based on ib land use. As previously established for the District one EBU is defined as the special benefit allocable to a single-family home and other land uses are assigned weighted EBUs based on an assessment formula that equates the property's specific development status, type of development (land use), and size of the property, as compared to a single-family home site. The following is Tehachapi LLD No.1 Annexation Territory Zone 16 Page 8
"t(wtLLDAN
he weighted proportionality (EBUs) assigned to difierent land uses within the District. Only some are applicable to Annexation 16 but are included here for reference purposes, Eeuvlleur Bererrr Urrs
To assess benefits equitably, it is necessary to relate the different type of parcel improvemenb to each other.
The Equivalent Benefit Unit (EBU) mehod of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU). Every other land use is converted to EBUs based on an assessment formula that equates the property's specific developmentstatus, type of development(land use), and size of property, as compared to a single-family home site.
The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the Act, as the benefit to each parcel fom the improvemenb are apportioned as a function of land use type, size, and development.
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 9
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EBU Appr-rcATroN ev Laxo Use
Sin gle-Family Residentia!- This land use is def ned as fully subdivided residential home site with or without a structure or planned single-family residential lot as identified by a submitted or approved tract map. Thb land use is assessed 1 .0 EBU per lotor parcel. This is the base value that other land use types are compared and weighted against (i.e., Equivalent Benefit Unit or EBU).
Exempt Parcels - This land use identified properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited, to lots or parcels identified as publicstreets and other roadways (typically not assigned an APN by the County); dedicated publiceasements, open space area and right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed;park properties and other publiclyowned properties that are part of the District improvements and are therefore exempted from assessment.
The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel's individud EBU.
Land Use Codes and Equivalent Benefit Units
Property Type Land Use
Code
Equivalent
Benefit Units
Sing le Family ResUential
Exempt Parcel
SFR
XMT
'1.00
0.00 LoUParcel
Parcel
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 10 Multiplier
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PART C _ ESTIMATE OF IMPROVEMENT COSTS
ZoHe 16 Buocer
The following tables outline the estimated cost to maintain the improvemenb within Zone 16 upon completion of the improvemenB, establishing the initial Maximum Assessment per EDU for FiscalYear 2022D023 to be balloted as wellas the proposed Budget and Assessment per EDU to be levied and collected for FiscalYear 2022n0n.
TABLE- 202212023 ZONE 16 BUDGET
Landscape Maintenance Contrrct
Landscape Utilities
Sprinkler Repair & Replacement
Tree and Plant Replaement
Miscellaneous Parts, Equipment and Replacenents
Park Maintenance ( Neiohborhood Park)
Drainage Sump Maintenance
Streetlhhts
TotalDirectCosb
Levy Administration and Professiond Services
CountyCollectron Fee
City Overhead and Administration
Total Ad ministation Cosb
TOTAL DIRECT AN DADiITN COSTS
Reserve Collectbn/( Transfer)
Capital lmprovement Fund Collection(Trarsfer)
General Fund Loans RepaynenU(Advmces)
Other Revenues/Genenal Furd ( Contrihtions)
Total Collections(Credits)
Balanceto
TotalParcels
TotalParcels Levied
Total Equivalent Benefit Units
Rate per Benefit Unitr
Fiscal
Estimated Beginning Reserve Fund Balance
Reserve Fund Adiustments
Estimated Ending Reserve Balance
$960.00
960.00
350.00
350.00
300.00
801.72
930.00
72 $134.97
4.32 475.47
$1,162.93
_____gl,16293_
18 18
18.00 $357.22
.22
$0.00
$1,162.93
1 Rounding due to even penny rule.
Levy Component Zone 16
Tehachapi LLD No.1 Annexation Territory Zone 16
$1,162.93
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Alnull NrurromRv Aor usrue Hr (Ass essme rur Rmc e Fonuuu) It is recognized that the cost of maintaining he improvements increases slighty every year as a result of inflation,
New or increased assessments require certain noticing, meeting, and balloting requirements. However, Government Code Section 54954.6(a) provides that a "new or increased assessmenf' does not include "an assessment which does not exceed an assessment formula or range of assessmenb...previously adopted bythe agencyorapproved by the voters in the area where the assessment is imposed." Thisdefinition of an increased assessment was later confirmed by Senate Bill 919 (The lmplementing Legislation for Proposition 218).
The District assessments include a formula for increasing assessments for each future fiscal year to oflset increases in msb due to inflation. Thisassessment adjustment formula complies with the above-referenced Government Code section.
Any new or increased assessment requires certain noticing and meeting requiremenb by law. Prior to the passage of Proposition 218 (California Constitution Articles XlllC and XlllD), legislative changes in the Brown Act defined a 'new or increased assessment" to exclude certain conditions. These conditions included 'any assessment that does not exceed an assessment furmula or range of assessmenb previously adopted by the agency or approved by the voters in the area where the assessment is imposed.' This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation), Commencing with fiscal year202312024,he amount of the assessmentfor the Annexation may be increased to adjust for increases in labor and material cosb. This increase will be based upon the latest composite percentage change of the Consumer Price lndex, All Urban Consumers, for the Los Angeles- Long BeachAnaheim conducting another mailed ballotelection. The Engineershallcompute the percentage difierence between the CPI rates forJanuaryof each yearandthe CPI of the previousJanuaryand shallthen adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year, Shoub the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Enginea shall use the revised index, or a comparable system as approved by the City Council for determinirg fluctuations in the cost of living.
The Assessment Range Formula shall be applied to allfuture assessments within the Annexation. Generally, if the proposed annual assessment (levy per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initialAssessment (approved by property owners within the Annexation) adjusted annually by the CPl.
The Maximum Assessment is adjusted annuallyand is calculated independentof the Annexation's annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU less than or equal to this Maximum Assessment) is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged.
The Maximum Assessment adjustment is designed to establish a reasonable limit on assessmenb. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessmenb to the adjusted maximum amount. lf the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additionalproperty owne balloting. lf the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting.
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 12 {wtLLDAN
PART D
-
ANNEXATION TERRITORY DIAGRAM
The Annexation Tenitory being Zone 16 of the District, consists of two parcels of land within the planned residential area referred to as the Tract Map No, 6668 which encompasses an area of land totaling approximately five (4.99) acres located north of Pinon Street, and east of Fig Drive.
The following Annexation Territory Diagram incorporates the lot and parcels of land within the planned singlefamily residentialarea and constitutes the parcels within the Annexation Tenitory, Zone 16 of the District for Fiscal Year 202212023, as the same existed at the time this Report was prepared.
The parcels of land within the Annexation Territory, Zone 16 is inclusiveof Parcels 2 and 3 on Page 120, Book 416 of the Kern County Assesso/s Parcel Maps, and by reference this Assessor's Parcel Map is made part of this Report. The maximum assessment rate, assessment range formula and the proposed assessment amount for the Annexation Territory as described herein, shall be presented to the property owner of record for approvalor protest in accordance with the provisions of the California Constitution.
Tehachapi LLD No.1 Annexation Territory Zone 16 Page 13 S
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Annexation of Zone 16 to
City of Tehachapi Landscape and Lighting District No. 1 Legend
O ,.o Rsference Number
TMwTLLDAN
M.AP REFERENCE
Ht.f,,8ER
ASSiESSORS PARCEL
NUMBER
1 41Fr2G02
2 41&t2G03
Tehachapi LLD No.1 An nexatio n Territo ry Zone 16 Page 14 2 c
,t(wILLDAN
PARTE-ASSESSMENTROLL
Parcel identification for each lot or parcel within the Annexation Territory being Zone 16 of the District is based on available parcel maps and property data fom the Kern County Assessor's Offce, as they existed at the time this Report was prepared, and the City Counciladopted the Resolution of lntention. A listing of the proposed lot and parcel to be assessed within the Annexation Tenitory along with the assessment amount is provided herein.
lf any parcel submitted for collection is identified by the County AuditorCIontroller to be an invalid parcel number for the fiscal year, a conected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller, The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate descilbed in this Report as approved by the City Council.
The following is the parcel and proposed assessment amount for the parcel witrin the Annexation Tenitory as determined by the assessment rates and method of apportionmentdescribed herein:
Assessor's
Parcel
Number
Taxable
Acreage
Maximum
Assessment
per EDU
Proposed
Maximum
Assessment
Proposed
Assessment
Fiscal Year
20242023
Acreage EDUs Designated
Land Use
416-120-02 Vacant 4.74 4.74 17.10 $357.22 $357.22 $6,107.82 41&12G.03 Vacant 0.25 0 25 0.90 $357.22 $357.22 322.14
Zone Total 4.99 4.99 18.00 $ 6,429.96
Tehachapi LLD No.1 An nexatio n Territo ryZone 1 6 Page 15
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JANUARY 18,2022 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAGER
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: JAY SCHLOSSER, PE, DEVELOPMENT SERVTCES DTRECTOR
DATE: JANUARY LI,2022
SUBJECT: LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, REASSESS ZONE 4 - TRACT 5248
BACKGROUND
This action by the City Council orders the levy of assessments within the Landscaping and Lighting District No. 7,Zone 4 for fiscal year 2022/2023 subject to the results of the public hearing and protest ballot processes.
At the November L5,IOZL City Council meeting, the City Council adopted Resolution Numbers 52-27,53-21, and 54-21initiating proceedings, approving the preliminary Engineer's Report, and declaring its intention to increase levy assessments within the City of Tehachapi Landscaping and Lighting District No. 1, Zone 4. This action set the time and place for the public hearing on this issue to January 18,2022 at 6:00 pm.
The revised total annual maintenance and administration costs to the District are 5!4,928.42. Annual District costs are funded through the assessments placed on the property tax bills.
RECOMMENDAT!ON
ADOPT TWO RESOLUTIONS OF THE CITY COUNCII OF THE CITY OF TEHACHAPI, SUBJECT TO THE RESULTS OF THE PUBLIC HEARING AND PROTEST BAILOT PROCEEDINGS: (1] DECIARING THE RESULTS OF THE PROPERW OWNER PROTEST BATLOT PROCEEDING AND; (21 AMENDTNG AND/OR APPROVING THE FTNAL ENGINEER'S REPORT FOR NEWINCREASED ASSESSMENTS TO TANDSCAPTNG AND IIGHTING DISTRICT NO. 1, ZONE 4 FRACT 6248I AND ORDERING THE IEVY AND COLLECTION OF ASSESSMENTS WtTHtN THE DISTRICT FOR FtscAr YEAR 202212023.
RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST
BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF
ASSESSMENTS RELATED TO THE PROPOSED NEW OR INCREASED
ASSESSMENTS FOR ZONE 4 _ TRACT 6248 IN THE TEHACHAPI LANDSCAPING AND LIGHTING DISTRICT NO. .I, COMMENCING IN FISCAL YEAR 2022/,2023 The City Council of the City of Tehachapi, California (hereafter referred to as the "City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, the City Council of the City of Tehachapi (the 'City") pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act"), did by previous resolutions, initiate proceedings for the proposed new or increased assessments related to Zone 4 - Tract 6248 to the Landscaping and Lighting District No. 1 (the "District") and declared its intention to conduct a protest balloting for the levy of proposed new or increased assessments within Zone 4 - Tract 6248 commencing in Fiscal Year 202212023 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto; and,
WHEREAS, in accordance with the provisions of the California Constitution, Article XlllD, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within Zone 4 - Tract 6248; and,
WHEREAS, the assessment presented to the property owner of record within Zone 4 - Tract 6248 reflects the special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscaping and lighting improvements therein as authorized by the Act and the provisions of the California Constitution and the ballot presented clearly identified the tota! amount balloted on the property, the proposed assessment rate, the property's annual amount commencing with Fisca! Year 202212023 and the inflationary adjustment applicable to future assessments; and
WHEREAS, upon the close of the Public Hearing held on January 18,2022, the protest ballots returned by the landowner of record within Zone 4 - Tract 6248, was opened and tabulated, the results of which are illustrated below:
Yes
No x
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEHACHAPIAS FOLLOWS:
Section 1.
Section 2:
The above recitals are true and correct.
The protest proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within Zone 4 - Tract 6248 as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on January 18,2022.
Section 3: The canvass of the protest ballot cast for the proposed assessment and Zone 4 - Tract 6248, received prior to the close of the public hearing and weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed.
The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding.
Section 5: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.
Section 4:
PASSED, APPROVED, AND ADOPTED this day of 2022.
Mayor
City of Tehachapi
City Clerk
City of Tehachapi
(STATE OF CALTFORNTA)
(couNw oF KERN)
(crTY oF TEHACHAPT)
SS
I, , City Clerk of the City of Tehachapi,
County of Kern, State of California do hereby certify that the foregoing Resolution No was regularly adopted by the City Council of said City of Tehachapi at a regular meeting of said counci! held on the
2022 by the following vote:
day of
AYES
NOES
ABSENT
ABSTAINED
City Clerk
City of Tehachapi
RESOLUTION NO.2022.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA
CONFIRMING THE ENGINEER'S REPORT REGARDING THE PROPOSED NEW OR
INCREASED ASSESSMENTS TO THE TEHACHAPI LANDSCAPING AND LIGHTING DISTRICT NO. I RELATED TO ZONE 4 - TRACT 6248; THE LEVY OF ANNUAL ASSESSMENTS DESCRIBED THEREIN; THE ASSESSMENT DIAGRAM
CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2022/,2023 FOR SAID ZONE The City Council of the City of Tehachapi, California (hereafter referred to as the "City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, the City Council of the City of Tehachapi (the "City') pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act"), did by previous resolutions, initiate proceedings to levy and collect proposed new or increased assessments in the Landscaping and Lighting District No. 1 (the "District") for Zone 4 - Tract 6248 and declared its intention to conduct a protest balloting for the levy of new or increased assessments within Zone 4 - Tract 6248 commencing in Fiscal Year 202212023 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the "Constitution"); and, WHEREAS, an Engineer's Report containing an Assessment Diagram has been prepared, filed, and presented to the City Council in connection with the proceedings for the proposed new or increased assessments of the property within Zone 4 - Tract 6248 and the annual levy of assessments related thereto commencing on Fiscal Year 202212023 as required by the Act and the Constitution; and, WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property owner protest ballot proceeding for the proposed new assessments related thereto, the results of which have been presented and confirmed by this City Council; and,
WHEREAS, the City Council desires to levy and collect an assessment against the parcel of land within Zone 4 - Tract 6248 for the fiscal year commencing July 1 , 2022 and ending June 30, 2023 (Fiscal Year 202212023), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of local landscaping and lighting improvements, appurtenant facilities; and the incidental expenses related thereto that have been determined to be of special benefit to the property and the development of property within Zone 4 - Tract 6248, as described in the Engineer's Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: The above recitals are true and correct.
Section 2: Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and filed based on the tabulation of the property owner protest ballots, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report.
Section 3: The Engineer's Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within Zone 4 - Tract 6248, and confirm and establish the method of apportionment and the maximum assessment rate including the assessment range formula as presented to the property owners of record in the ballot proceeding. Said assessments as described in the Engineer's Report as submitted or amended, including the assessment range formula described therein, are hereby confirmed, and adopted by the City Council.
Section 4: Based upon its review (and amendments, as applicable) of the Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within Zone 4 - Tract 6248 as approved will receive special benefit from the operation, maintenance and servicing of landscaping and lighting improvements and all appurtenant facilities related thereto, to be provided by the District as described in the approved Engineer's Report.
a) Zone 4 - Tract 6248 as defined by the Assessment Diagrams in the approved Engineer's Report includes allthe lands receiving such special benefit. b) The net amount to be assessed upon the land within the Zone 4 - Tract 6248 as approved has been applied based on the formula and method which fairly applies the net amount on the parcel based on the specia! benefit to be received by the parcel from the improvements and services to be provided commencing with Fiscal Year 2022t2023.
The City Council hereby orders the proposed improvements as described within the approved Engineer's Report to be made. The improvements so described generally include, but are not limited to, the maintenance, operation and servicing of the local landscaping and lighting improvements established or installed in connection with the development of properties within the approved Zone 4 - Tract 6248 or directly Section 5
Section 6:
Section 7
Section 8:
associated with the properties within Zone 4 - Tract and shall be maintained by the City for the special benefit of the properties therein pursuant to the Act.
The adoption of this Resolution constitutes the proposed new or increased assessments of the approved Zone 4 - Tract 6248 in the District, the boundaries which are contained in the Assessment Diagram; the establishment of the maximum assessment rate, the assessment range formula connected therewith; and the assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023, as described in the approved Engineer's Report and adopted by the City Council, and the County Auditor of Kern shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer's Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected.
After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval of the proposed new or increased assessments of Zone 4 - Tract 6248 in the District; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rate(s), assessment range formula and the assessments for Fisca! Year 202212023 as described in the approved Engineer's Report as submitted or amended herein.
The City Clerk or their designee is hereby authorized and directed to file the levy of assessments that wi!! appear in the annual engineer's report for Fiscal Year 202212023 as approved, with the County Auditor of Kern upon adoption of the annual Resolution that confirm the annual assessments for all Zones and parcels in the District.
PASSED, APPROVED, AND ADOPTED this
2022.
day of
Mayor
City of Tehachapi
City Clerk
City of Tehachapi
STATE OF CALTFORNTA)
couNTY oF KERN)
ctTY oF TEHACHAPT)
SS.
, City Clerk of the City of Tehachapi,
County of Kern, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Tehachapi at a regular meeting of said council held on the
2022 by the following vote:
day of
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
City of Tehachapi
t,
IEHACHAPI
27368Yia lndustria
Suite 2OO
Temecula, CA 92590
T 95a587.35O0 I 80O.755.6864
F 951.587.3s1O | 888.326.6864
Property Tax lnformatlon Line
T.866.807.6864
www.willdan.com
5 CITY OF TEHACHAPI
IANDSCAPING AND LIGHTING
DtsTRlgr No. 1
Establishment of
New/Increased Assessments
Zone 4 - Tract6248
2O2A 2022 PReu ru r uARy ENc I N EER's Reponr
lntent Meeting: November L5,202L
Public Hearing: January L8,2022
t IVE UP
ENGINEER'S REPORT AFFIDAVIT
City of Tehachapi
Landscaping and Lighting District No. 1
For
Establishment of Nedlncreased Assessments
Zone4-Tract6248
Fiscal Yex 202112022
Gity of Tehachapi,
County of Kern, State of California
This Report and the enclosed budget, diagram and descriptions outline the new or increased ("new/increased") assessments proposed to be levied for Zone 4 - Tract 6248 ("Balloted Zone") within the Landscaping and Lighting Maintenance District No. '1 in the City of Tehachapi commencing in fiscal year 202212023. The proposed new/increased assessment is deemed necessary to adequately maintain the improvements in the Zone. The boundaries of the Balloted Zone include each lot, parcel, and subdivision of land that will receive a special benefit from the proposed improvements to be provided, as the same existed at the time of the passage of the Resolution of lntention and described herein.
Reference is hereby made to the Kem County Assessor's maps for a detailed description of the lines and dimensions of parcels within the Balloted Zone. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this 1sth day of December 2021
Willdan Financial Services
Assessment Engineer
0n Behalf of the City of Tehachapi
By: ",Jf,q-flStacee Reynolds
Senior Project Manager
By:
gtL
*-<
Tyrone Peter
R. C. E, # C81888
NO.
81 888
(,e
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TABLE OF CONTENTS
OVERVIEW 1
A. INTRODUCTION
B. BALLOT PROCEED!NGS
C. REPORTCONTENTS
1 2
3 A. DISTRICT OVERVIEW
B. DISTRICTZONE OF BENEFIT
C. DESCRIPTION OF DISTRICT IMPROVEMENTS
D. LOCAL LANDSCAPING ZONE
5 5
I
9 METHOD OF I
A. PROPOSITION2lSBENEFITANALYSIS
B. DISTRICT BENEFIT
C. METHODOLOGY
I
11 11
A. DESCRIPTION OF BUDGET ITEMS
B. ZONEBUDGETS
C. ANNUALINFLATIONARYADJUSTMENT
13 15
17 APPENDIX A: DISTRICT ASSESSMENT DIAGRAM 18
APPENDIX B: 2022/2023 PRELTMTNARY ASSESSMENT ROLL 19
Zore 4 - Tmcr 6246 Assessuexr Ror-l 20
PIAA'S AND SPECIFICAI'OilS 5
PROPOSEDZONEBUDGETS 13
Tehachapi Lighting and Landscaping Maintenance District Engineeis Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
OVERVIEW
A. INTRODUCTION
The City of Tehachapi (the "City"), annually levies and collects special assessments in order to provide and maintain the improvements within the City of Tehachapi Landscaping and Lighting District No. 1 (the "District"). The District was formed in Fiscal Year 200312004 to maintain on-going maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in localarea buffers, entryways and median islands, streets trees in park strips block walls and local streetlighting within said District. The District originally consisted of the lots, parcels and tracts of land located in the subdivision area known as Heritage Oaks, which contains the single- family residential tract, Tract 6062 (the "Original District").
ln subsequent years, the City initiated and conducted property owner protest ballot proceedings for annexation of additional subdivision to the District in compliance with substantive and procedural requirement of the California Constitution. ln 2004, Tracts 6212,6215,6216, and 6248, respectively were annexed as Zones 1 through 4. ln 2006, Tracts 5812 and 4927, respectively, were annexed to the District as Zones 5 and 6. Tracts 6360, 6507,6723-aand 6497 were annexed in 2007, as Zones 7, 8,9 and 11, respectively. Parcel Map 11353. Was annexed in 2008, as Zone 14C, and Parcel Map 10997 was annexed in2014, as Zone 13C. Parcel ltap 12219 was annexed in 2018 as Zone 15C.
The District assessments were presented to the property owners and approved through a protest ballot proceeding in compliance with the provisions of Proposition 218. The District assessments described in this reportare prepared and levied annually pursuanttothe Landscapeand Lighting Actof 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and Article XlllD of the California Constitution (the "Article") which was enacted with the passage of Proposition 218 in November 1996.
This Enginee/s Report (the "Report") has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the improvements and services to be provided within the landscaping Zone of beneflt ("Zone") identified as Zone 4 ("Balloted Zone"); and the levy and collection of the proposed new/increased annual assessments related thereto to fund the costs and expenses required to service and maintain designated improvement areas within the Zone that provide special benefits to those parcels commencing in fiscal year 202212023.
Annually, the City establishes the District's assessments for each District Zone based on the special benefits received by the properties in that Zone and the associated net Total Eligible Special Benefit Expenses resulting from an estimate of the costs to maintain, operate and service the improvements in those Zone in conjunction with available revenues including fund balances, general benefit contributions, additional City contributions, and current assessment limits. The net Total Eligible Special Benefit Expenses budgeted for the Balloted Zone, has exceeded the amount that can be collected from annual assessments at the authorized special benefit assessment rate. #wluonn
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - NeWlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
This Report outlines the improvements, and the proposed assessments to be levied for the special benefits the properties will receive from the maintenance and servicing of landscaping improvements within the Balloted Zone for fiscal year 202212023. The annual assessments (new/increased assessments) proposed to be levied on properties within the Zone as described herein will provide a funding source for the continued operation and maintenance of landscaping improvements that provide special benefits to the properties within the Zone.
The net annual cost to provide the improvements in the Balloted Zone are based on the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements and the net cost of providing those improvements and services are allocated to the benefiting properties within the Zone using a weighted method of apportionment (refer to Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assesso/s Parcel Number ('APN') by the Kern County Assesso/s Office. The Kern County Auditor/Controller uses Assesso/s Parcel Numbers and specific Fund Numbers to identiff properties to be assessed on the tax roll for the District assessments. lf any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Enginee/s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Enginee/s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, Zone, or Subzone might subsequently be declared invalid or unconstitutional, B. BALLOT PROCEEDINGS
Pursuantto the provisions of Article XlllD, Section 4 of the California Constitution, the City shallconduct a property owner protest ballot proceeding (referred to as "Ballot Proceeding") for the proposed levy of new or increased assessments as described in this Report, ln conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the levyof the proposed new/increased assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:
"A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. ln tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property." After completion of the ballot tabulation, the City Council will confirm the results of the balloting. lf majority protest exists for the proposed new/increased Zone assessment, further proceedings to implement the proposed nedincreased assessment shall be abandoned at this time. However, the City tt/wtuonu
Page2
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - Nedlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Council may continue to levy and collect annual assessments for the improvements provided in the Zone at an assessment rate less than or equal to the previously approved maximum assessment rate (including the inflationary adjustment) adopted by the City Council. lf tabulation of the ballots indicate that majority protest does not exist for the proposed new/increased assessments and the assessment range formula presented and described herein, the City Council may adopt this Report (as submitted or amended), approve the assessment diagram, and confirm the new/increased assessments as presented herein. The new/increased assessments described herein along with other applicable District Zone assessments shall be submitted to the Kern County Auditor/Controller for inclusion on the Fiscal Year 202212023 property tax roll for each affected parcel.
C. REPORTCONTENTS
Plans and Specifications: This section provides an overall description of the Balloted Zone and the improvements for which parcels are assessed. The proposed new/increased assessments as outlined in this Report are based on the local landscaping improvements and appurtenant facilities that provide a special benefit to the properties within the Zone and operational expenses authorized pursuant to the 1972 Act. The plans and specifications contained in this section of the Report describe the overall nature and extent of the improvements, ln conjunction with these descriptions of the improvements a visual depiction of the landscape improvement areas is provided on the Zone Diagrams contained in Appendix A attached to this Report provides a more detailed description of the improvement areas. More detailed information regarding the specific plans and specifications associated with the Zoneare on file in the Public Works Department and by reference are made part of this Report.
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the various improvements to be provided, which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed), This section of the Report also outlines the method of calculating each property's proportional special benefit necessary to calculate the property's annual assessment.
Proposed Zone Budqets: An estimate of the annual costs to operate, maintain, and service the local landscaping improvements and appurtenant facilities within the Balloted Zone. The budget for the Balloted Zone includes estimate of the maintenance costs and incidental expenses including, but not limited to labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Acl and deemed necessary to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City conhibution.
Appendix A: Zone Diaoram: This section of the Report contains diagrams showing the boundaries of the Balloted Zone which incorporate the parcels determined to receive special benefits from the various District improvements. This diagram also provides a visual depiction of the location of the landscaped areas being maintained. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the Balloted Zone are shown on the Kern County Assesso/s Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Kern County Assesso/s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Balloted Zone.
t/wtuonN
Tehachapi Lighting and Landscaping Maintenance Districi Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Appendix B:Assessment Rol!: The Assessment Rollcontains a listing of allAssessor Parcel Numbers of the properties within the Balloted Zone and each parcel's corresponding "Balloted Maximum Assessment" and "Proposed Assessment FY 202212023. The proposed assessment amounts balloted and to be levied and collected for fiscal yeat 202212023 for each parcel is based on the parcel's calculated proportional special benefit as outlined in the Method of Apportionment and the annual assessment rate established by the estimated Zone Budget, t/wtuonN
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - Nedlncreased Assessments
Balloted Zone 4 -fracl6248
Fiscal Year 202112022
Plans and Specifications
A. DISTRICT OVERVIEW
The territory within the District consists of all lots or parcels of land within the City of Tehachapi. The purpose of this District is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping, streetlighting, traffic signal improvements and related facilities and services in various areas throughout the City. lmprovements that can be provided within the District generally include but are not limited to:
parkways, slopes, and entryways; and various non-street landscape areas including greenbelts, slopes, local trails, and open space areas within various landscape Zone. These landscaped improvements and areas may include but are not limited to various combinations of trees; turf; ground cover; shrubs, plantings and other amenities including retaining walls, monuments, fencing, sidewalks, stamped concrete, or pavers; inigation and drainage systems; and related appurtenances.
include but are not limited to streetlights located on the City's arterial streets, traffic signals located throughout the City and local streetlights within or adjacent to the various developments and subdivisions.
B. DISTRICT ZONE OF BENEFIT
ln accordance with the 1972 Act,the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to benefit Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
As of fiscal year,202112022lhe District was comprised of the following benefit Zones (Zones):
Original District Tract 6062 - is generally situated south of Pinon Street, north of Sutter Street and east of Ponderosa Drive. These parcels receive special benefits from the landscape median located on Wyman Road and Brandon Lane and a totalof 61,740 square feet of perimeter landscape along Ponderosa Drive, Pinon Street and Sutter Street. There are (twenty- seven 9,500 lumen lights) on the residentialstreets and (five, 16,000 lumen lights)on the sheets surrounding or adjacent to the development and other public areas associated or necessary for the development of properties within the Original District.
Zone I Tract 6212 - is generally situated south and contiguous to the Valley Boulevard extension, north of Pinon Road, east of Curry Street and west of Dennison Road. These parcels receive special benefits from perimeter landscape maintenance totaling approximately 10,000 square feet along Valley Boulevard and landscaping located adjacent to the proposed drainage ,ry'wtuonx
Tehachapi Lighting and Landscaping Maintenance District Engineeds Report - NeWlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Zone2
Zone 3
Zone 4
Zone 5
sump including periodic weed removal. There is a drainage sump totaling approximately 19,350 square feet. There is also streetlighting (seventeen, 9,500 lumen lights) in residential streets and public sheetlighting and other public lighting facilities (five, 16,000 lumen lights) on Valley Boulevard surrounding or adjacent to the development and other public areas associated or necessary for the development of properties with the Zone, Tract 6215 - is generally situated north of Highline Road and south of Pinon Street and west of Ponderosa Drive. These parcels receive special benefits from the perimeter landscape totaling approximately 48,696 square feet along Highline Road, Sutter Street and Manzanita Lane. There is streetlighting (nineteen, 9,500 lumen lights) on residential streets with the Zone.
Tract 6216 - is generally situated on the west side of Curry Street between Highline Road and Pinon Street These parcels receive special benefits from the landscaping totaling approximately 11,572 adjacent to the rear of lots 1, 2 and 3, Also landscaping located adjacent to the proposed drainage sump on Pinon Street and drainage swale on the western side of the development including periodic weed removal. These parcels also receive perimeter landscaping totaling approximately 52,000 square feet alongside Highline Road, Curry Street, Pinon Street and adjacent to the rear of lots 1, 2, and 3.
There is also entrance landscaping at East Orchard Parkway totaling approximately 23,000 square feet. Landscaping on Alder and South Alder Avenue totaling approximately 24,000 square feet and landscaping of proposed drainage sump totaling approximately 3,000 square feet. There is also streetlighting (sixty-seven, 9,500 lumen lights)on residential streets and public streetlighting and other public lighting facilities (nine, 16,000 lumen lights) on Curry Street and Pinon Street surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
Tract 6248 - is generally situated on the northeast comer of South Robinson Street and Holly Drive. These parcels receive special benefits from the perimeter landscape maintenance along "D" and South Robinson Streets totaling approximately 16,248 square feet of drip irrigated drought tolerant plants. These parcels also receive streetlighting (seven streetlights) located throughout the development. This is a modification from the previously approved Annual Enginee/s Report.
Tract 5812- is generally situated on Dennison Road, south of Valley Boulevard. These parcels receive special benefit from perimeter landscaping along Georgia Street, S. Dennison Road and Pinon Street totaling approximately 64,000 square feet. There is drainage retention basin totaling approximately 55,000 square feet, There is also streetlighting (seventy-two, ,J/wtLLDAN
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Zone 6
ZoneT
Zone I
Zone 13C
Zonel4C
Zone 15C
9,500 lumen lights) on residential streets and public streetlighting and other public lighting facilities (twentythree 16,000 lumen lights) on Georgia Street, S. Dennison Road, and Pinon Street surrounding or adjacent to the development and other public areas associate or necessary for development of properties within the Zone.
Tract 4927 - is generally situated on Mulberry Street, south of Valley Boulevard, These parcels receive special benefits from the streetlighting on residential streets with the Zone. These parcels also have public streetlighting and other public lighting facilities (six, 9,500 lumen lights) on Mulberry Street surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
Tract 6360 - is generally situated north of "D" Street, and east of Mill Street.
These parcels receive special benefits from the streetscape located adjacent to the north side of "D" Street, as well as adjacent to the east side of Mill Street, totaling 1,705 square feet. These parcels also receive special benefit from streetlighting on residential streets located on the east side of Mill Street (two, 9,500 lumen lights on decorative poles) and on the north side of "D" Street (two, 9,500 lumen lights on decorative poles)within the Zone.
Tract 6507 - is generally situated North of Pinon Street and West of Applewood Drive. These parcels receive special benefit from streetscape and improvements located adjacent to the west side of Applewood Drive and to the north side of Pinon Street totaling approximately 16,665 square feet.
These parcels also receive special benefit from streetlighting (seven, 16,000 lumens (150 watt) High Pressure Sodium Vapor Lamps on concrete poles)on residential streets within the Zone.
Parcel Map No. 10997 - Parcel Map 10997 is generally situated on lndustrial Parkway and North Curry Street Parcels within this zone receive special benefits from the streetlighting (Six - 5,800 lumen lamps on concrete poles) located throughout the development
Parcel Map No. 1 1353 - Parcel Map 1 1 353 is generally situated on Tehachapi Boulevard east of Dennison Road. Parcels within this zone receive special benefits from streetscape located adjacent to Tehachapi Boulevard totaling approximately 2,600 square feet and streetlighting (Seven 5,800 lumen lamps on concrete poles) located throughout the development.
Parcel tfiap 1221* is generally situated on the South side of East Tehachapi Boulevard and West side of Steuber Road. Parcels within this Zone receive special benefits from four median island segments located on East Tehachapi Boulevard and Steuber Road (hardscape median only), includes, but is not ltl/wtuonn
Tehachapi Lighting and Landscaping Maintenance District Engineeds Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
limited to approximately 5,000 square feet of shrubs and ground cover, 8 trees (one variety), and approximately 4,000 square feet of cobble apron hardscape.
The irrigation system for two of the median areas includes, but are not limited to 1 irrigation controller, 1 backflow device, approximately 1,020 linear feet of irrigation lines (20 linear feet of main line and 1,000 linear feet of laterals), and various irrigation heads and bubblers. There is also streetlighting (four 9,500 lumen LED Lamps on concrete poles) located through the development. .
C. DESCRIPTION OF DISTRICT IMPROVEMENTS
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping or lighting improvements that are maintained and serviced for the benefit of real property within the District. The maintenance of the landscape improvements may also incorporate various appurtenances that may include but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; and irrigation, drainage, and electrical equipment, ln most cases, the various improvements associated with each Zone were either installed in direct connection with the development of properties within the Zone or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary for the development of those properties to their full and best use. The work to be performed within each respective Zone may include, but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services for each Zone,
D. LOCAL LANDSCAPING ZONE
The boundaries of each Zone are established on the basis of the location, extent and gpes of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the various developments and properties derive from those improvements based on proximity to those specific improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements.
Balloted Zone
The following is a brief description and summary of the landscaped areas associated with the Balloted Zone. A visual depiction of the location of the landscape improvement areas will be provided in the final Enginee/s Report on the boundary maps
Landscape and Public Street Lighting lmprovements:
The following is a brief description and summary of the landscaped areas associated with the Balloted Zone. A visual depiction of the location of the landscape improvement areas will be provided in the final Enginee/s Report on the boundary maps
Perimeter landscape maintenance for 16,248 square feet of drip inigated drought tolerate plants. Located along "D" and South Robinson Streets,
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Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - Nedlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
. The street lighting (seven streetlights) located throughout the development.
Additional information with regards to landscape and public street light improvements for other Zones in the District can be found in the annual Enginee/s Report
METHOD OF APPORTIONMENT
Ihe 1972Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
"The net amount to be assessed upon lands within an assessrne nt district may be appottioned by any formula or method which fairly distributes the net amount among a// assessab/e /ofs or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.' Section 22574 provides for Zone as follows:
'The diagram and assessment may classify various areas within an assessr??ent district into different Zone where, by reason of variations in the nature, location, and ertent of the improvements, the various areas will receive diffeing degrees of benefit from the improvements. A zone sha// consrsf of all teritory which will receive substantially the same degree of benefit from the improvements.' The formulas used for calculating assessments and the designation of District Zone reflect the composition of parcels within the District and the improvements and activities to be provided and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special beneflts to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article Xlll D of the California Constitution.
A. PROPOSITION 218 BENEFIT ANALYSIS
The costs of the proposed improvements have been identified and allocated to properties within the Balloted Zone based on special benefit. The improvements provided and for which properties are to be assessed are local improvements and related amenities that were installed in mnnection with the development of the properties and/or would otherwise be required for the development of properties within the Zone. The assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development of those parcels within the Balloted Zone.
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Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - NeWlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Article Xlll D Section 2i defines Special Benefit as follows:
'special benefif means a pafticular and distinct benefit over, and above general benefits confetred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit.'
Article Xlll D Section 4a defines proportional special benefit assessments as follows:
'An agency which proposes to levy an assessrne nt shall identtfy all parcels which will have a special benefit conferred upon them and upon which an assessme nt will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cosf of the property related seryrce being provided No assessmenf shall be imposed on any parcel which exceeds fhe reasonable cost of the proportional special benefit confened on that parcel.' Specral Benefits
The ongoing maintenance and servicing of the landscaped areas and appurtenant facilities within the Balloted Zone provide aesthetic benefits to the properties within the Zone and a more pleasant environment to walk, drive, and live. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development of properties within the Zone. These improvements are an integral part of the physical environment associated with the parcels within the Zone and while some of these improvements may in part be visible to properties outside the Zone or in part proportionately shared with properties in adjacent Zone, collectively if these Zone improvements are not properly maintained, it is the parcels within the Balloted Zone that would be aesthetically burdened. Additionally, it has been identified in the improvements section of this report that some landscaping areas in provide a physical buffer and serve as a pleasant aesthetic amenity that enhances the approach to the parcels as well as an extension of the physical attributes of the parcels assessed, such as their front or rear yards. As a result, the maintenance of these landscaped improvements provides particular and distinct benefits to the properties and developments within the Zone.
General Benefit
ln reviewing the location and extent of the specific landscaped areas and improvements to be funded by Diskict assessments for the Balloted Zone and the proximity and relationship to properties to be assessed, it is evident these improvements were primarily installed in connection with the development of properties within the Zone. lt is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) on those properties and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no quantifiable benefit to the public at large or to properties outside the Zone.
ln the absence of a special funding Zone, the City would typically provide only limited tree management, weed abatement, rodent control, and erosion control services for the various landscape easement areas. This baseline level of service would typically provide for periodic servicing of the improvement tl/wILLDAN
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
areas (generally twice annually) or on an as-needed basis. This baseline level of service provides for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from fire hazards but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance to be provided in the various District Zone.
B. DISTRICT BENEFIT
The costs of the District are apportioned by a formula or method, which fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefits to be received by each such parcel from the improvements. lmprovements maintained by the Diskict that are considered to provide general benefit (in whole and in part), are funded by the City and not included in the annual assessments. Property owners are assessed for special benefits only.
Each parcel within the District receives special benefits from the improvements due to the close proximity of the landscaping, and lighting improvements to each parcel. The improvements provide added beautification and aesthetic value to each developed property and property owner and an enhanced quality of life within the subdivision.
C. METHODOLOGY
To assess benefits equitably it is necessary to calculate each property's relative share of the special benefits confened by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit, The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.
For the purposes of this Enginee/s Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit. Pursuant to the 1972 Acl, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to faidy apportion the costs based on special benefit to each parcel.
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Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
A summary of Equivalent Benefit Unit ("EBU") rates for all the Balloted Zone is shown in the table below:
The following formula is used to calculate each parcel's EBU (proportional benefit).
EBU x Multiplier = Total Parcel EBU
The total number of Equivalent Benefit Units ("EBUs') is the sum of all individual EBUs applied to the parcels within each zone that receives special benefit from the improvements. A levy per EBU (Levy Rate) for the Zone is established by taking the total cost of the improvements and dividing that amount by the total number of EBUs of all parcels benefiting from the improvements. This Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation for the improvements,
Total Balance to Levy / Total EBUs = Levy Rate per EBU
Levy Rate per EBU x Parcel EBU = Parcel Levy Amount
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EBU
Single Family Residential
Multi-Family Residential
Developed Commercial
Non-Profit Parcel
Vacant Residential
Vacant Non-Residential
Exempt Parcel
1.00 1.00
4.00 0.25
0.50 1.00
0.00 LoUParcel
Unit
Gross Acre
Gross Acre
LoUParcel
Gross Acre
Parcel
SFR
MFR
COM
NP
RV
NRV
XMT
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - NeWlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
PROPOSED ZONE BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The following section describes the services and costs that are funded through the District and shown in the District Budgets.
Landscape Maintenance - lncludes all labor, material and equipment required to properly maintain the improvements. The improvements include landscaping, planting materials, inigation, tree trimming; including all materials necessary during the landscape maintenance procedures, e.9,, pipe, shrubs, fertilizer, etc. and associated appurtenant facilities All improvements within the Dishict will be maintained and serviced on a regular basis.
Landscape Utilities (Water/Electric) - The furnishing of water and electricity required for the operation and maintenance of the landscaped areas and facilities.
Sprinkler Repairs & Replacement - These proceeds are collected up front in the event a sprinkler needs to be repaired or replaced.
Tree and Plant Replacement - These proceeds are collected up front in the event a tree or plant needs to be replaced in the District,
Miscellaneous Pafts, Equipment and Replacements - These proceeds are collected up front in the event a miscellaneous part, equipment needs to be repaired or replaced, Streetlights - lncludes all labor, material and equipment required to properly maintain the streetlight improvements. The improvements include streetlighting; including all materials necessary during the streetlight maintenance procedures. Streetlights within the District will be maintained and serviced as needed.
Levy Administration and Professional Services - These are the costs of contracting with professionals to provide services specific to the levy administration. Professional levy administration includes preparation of the Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the Dishict such as the cost to prepare and mail notices of the public meeting and hearing.
County Collection Fee - The actual cost to the District for the County to collect District assessments on the property tax bills. This charge can be based on a flat rate per fund number and/or the County per parcel fee to collect assessments on the property tax bills.
City Overhead and Administration - These are the City's overhead and administration fee for overseeing the District.
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Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Reserve Collection/(Transfer) - The Reserve provides for collection by the District of funds to operate the District from the time period of July 1 (Beginning of the fiscal yeafl through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Account reduces the need for the City to transfer funds from non-district accounts to pay for District charges during the first six to seven (6-7) months of the fiscal year.
Capita! lmprovement Fund Collection/Transfer - This may include collection for repairs that are unforeseen and not normally included in the yearly maintenance cost. Repairs may include replacement or refurbishing of damaged amenities due to vandalism, storms, die off, and frost, Planned upgrades of the improvements that provide a direct benefit to the districUzone could also be included in capital replacemenUrenovation costs. Examples of upgrades include planned replacement of plant materials and/or renovation of irrigation or lighting systems that are necessary or requested by property owners.
General Fundl Other Revenue (Gontributions) - Any funds added to the District or Zone account by the City from the City's General Fund Account.
Balance to Levy - This is the total amount to be levied to the parcels within the District for the cunent fiscal year, The Balance to Levy represents the sum of the Total Direct and Adminiskation Costs, plus any revenue adjustments resulting from the Reserve Fund, Beginning Balance, City Contributions, Other Revenue Sources, or Capital lmprovement Fund. This dollar amount represents the total funds to be collected from the parcels through assessments on the property tax bills.
Total Equivalent Benefit Unit (EBU) - The Equivalent Benefit Unit (EBU) is a numeric value calculated for each parcel based on the parcel's land use and size, The EBU shown in the District Budgets represent the sum of all individual parcel EBUs that receive benefit from the improvements for that Zone.
Please refer to Section lll for a more detailed explanation of the Method of Apportionment.
Assessment Rate per Benefit Unit - The rate applied to the assigned parcels EBU each year annually to collect the balance to levy.
Maximum Rate per Levy per EBU - This is the rate per EBU approved by property owners in Fiscal Year adjusted for inflation as described in the Method of Apportionment. r/wILLDAN
Tehachapi Lighting and Landscaping Maintenance Districl Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
B. ZONE BUDGETS
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fhe fi72 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, includ ing incidental expenses.
The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Zone are the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
P roposed Budgets and Assessmenfs
The budgets and assessments outlined on the following pages for the Balloted Zone are based on the City's estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the District improvements identified in this Report for Fiscal Year 202212023. The report budget also indicates the maximum assessment rates to be balloted and approved by the property owne(s) of record within the Balloted Zone.
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
TABLE II - 202212023 DISTRICT BU DGETS
The Zone 4 Budget isbased on the City's estimate ofthe expenses and related funding necessary for the operation, maintenance and servicing ofthe Zone improvements identified in this Report for Fiscal Yeu2022D023. The proposed Maximum has been rounded due to the County's even penny rule.
Landscape Maintenance Contract
Landscape Utilities
Sprinkler Repair & Replacement
Tree and Plant Replacement
Miscellaneous Parts, Equipment and Replacements
Streetlights
Total Direc{ Costs
$4,549.44
1,200.00
700.00
700.00
300.00
085.00
Levy Administration and Professional Services
Printing and Publishing
County Collection Fee
City Overhead and Administration
Total Administration Costs
$3,500.00
50.00 7.20
TOTAL DIRECT AND ADM]N COSTS
Reserve Collection/(Transfer)
Capital lmprovement Fund Collection/(Transfer)
General Fund Loans RepaymenU(Advances)
Other Revenues/General Fund (Contributions)
Total Collections/(Credits)
$12,794.80
$2,133.62
0.00 0.00
00.0 928.42
Total Parcels
Total Parcels Levied
Total Equivalent Benefit Units
Rate per Benefit Unit
Maximum Rate per Benefit Unit
1 1
30.00 M97.62
$497.62
Estimated Beginning Reserve Fund Balance
Reserve Fund Adjustments 2 1
$36,957.16
Estimated Reserve Balance
Levy Component Zone 4
Tract 6248
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$8,s34.44
$4.260.36
$2,133.62
$39,090.78
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
C. ANNUAL INFLATIONARY ADJUSTMENT
It is recognized that the cost of providing for the improvements described in Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any "new or increased assessments' require certain noticing and balloting requirements pursuant to Article XlllD of the California Constitution (Proposition 218), However, Government Code Section 54954.6(a) provides that a "new or increased assessment" does not include "an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition of a or increased assessment is reaffirmed in the Proposition 218 Omnibus lmplementation Act, Government Code Section 53753.5. ln order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment range formula).
This inflationary adjustment formula provides for the Fiscal Year 202212023 maximum assessments (initial maximum assessment rate) established herein for the Balloted Zone to increase by an amount equal to difference between the Local Consumer Price lndex (CPl) for "All Urban Consumers" for Los Angeles- Long Beach- Anaheim Area index for January to January (Annually) The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates, Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year, lf the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. lf the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.
The Assessment Range Formula shall be applied to the maximum assessment rates for the Balloted Zone in fiscal year 202312024 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.
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Tehachapi Lighting
Enginee/s
and Landscaping Maintenance District
Report - Nedlncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
APPENDIX A: DrSIRrCf ASSESSME TT DLAGRAM
City of Tehachapi Landscape and Lighting District No. 1 Zone 4 (Tract 6248)
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Tehachapi Lighting and Landscaping Maintenance District Engineer's Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
APPENDIX B: 2022/2023 PRELIMINARYASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Kern County Assessor Parcel Maps and/orthe Kern County Secured Tax Roll forthe year in which this Report is prepared.
Non-assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels willnot be assessed.
A listing of parcels within the District and Zone, along with the proposed assessment amounts, have been submitted to the City Clerk, and by reference, are made part of this Report.
Upon approval of the Enginee/s Annual Levy Report, and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 202212023. lf the parcels or assessment numbers within the District and referenced in this Report, are re-numbered, re-apportioned or changed by the County Assesso/s Office after approval of the Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller, lf the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council. ,t{wtLLDAN
Tehachapi Lighting and Landscaping Maintenance District Enginee/s Report - New/lncreased Assessments
Balloted Zone 4 - Tract 6248
Fiscal Year 202112022
Zone 4 - Tract 6248 Assessment Roll
APN Owner EBU Assessment
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Maximum
Assessment
Rate
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JANUARY t8,2022 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
CITY MANAGER:
DEPARTMENT
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: JOHN (JAY) SCHLOSSER, P.E., DEVELOPMENT SERVTCES DIRECTOR DATE: JANUARY 7,2022
PUBLIC HEARING: FORMATION OF AN UNDERGROUND UTltlTY DISTRICT ON VALLEY
BOULEVARD BETWEEN IAS COLINAS AND CURRY STREET
SUBJECT:
BACKGROUND
On December 2O,2O2L, City Council approved a Public Hearing to discuss the City's proposal to create an Underground Utility District (District)to relocate all overhead utilities to underground and removalof applicable utility poles along Valley Boulevard between Las Colinas Street and Curry Street as depicted in Exhibit "A".
This section of Valley Boulevard was selected due to its regional significance for commerce and commuters alike. The removal of overhead powerlines allows for expanded future transportation.
Affected residents and utility companies were notified in December and encouraged to attend tonight's meeting.
The California Public Utilities Commission (CPUC) authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground utilities pursuant to Electric Rule 20 and Telecommunication Rule 32 The County has transferred sufficient Rule 20A Program credits to the City to fund this project estimated at 55,300,000 and is ready to proceed with the formation of the District and undergrounding work.
Chapter 13.16 of the City's Municipal Code establishes a procedure for the creation of Underground Utility Districts.
ENGINEER!NG REPORT
This Section of the Staff Report and other information contained within is considered as the "Engineer Report" as required by Section 13.16.030 of the City's Municipal Code.
Proposed Project: The City proposes to implement the formation of an Underground Utility District for a segment of existing road Right of Way along Valley Boulevard between Las Colinas Street and Curry Street as shown in Exhibit "A".
Once the District is formed the City will direct Southern California Edison and other utilities with overhead lines within this area to remove their overhead facilities including poles and overhead lines and install underground facilities. This project will be implemented in accordance with the respective utility companies Rule 20A and 32 Programs as stipulated by the California Public Utilities Commission.
F;] E_J
Affected Utilities and Participation: The City has initiated the planning process with the electric service company SCE who has prepared cost estimates to perform the work. City staff has also identified other overhead utilities in existence along this reach and said utility companies have been notified of the City's proposal.
Undergrounding Schedule: Based on the progress City staff has made with Southern California Edison, City staff anticipates the undergrounding project to commence with design in early 2022, construction in mid-2023, and completed by December 2024. Affected property owners are tentatively schedule to see the new service by September 2024.
FISCAL IMPACT
Staff estimates the cost at approximately 55,300,000 for the undergrounding work. This will be covered with existing City of Tehachapi and County of Kern's Rule 20A credit balances. All project costs for the undergrounding work will be funded by Rule 20A Program credits from the City of Tehachapi and the County of Kern. SCE is scheduled to conduct a transfer of Rule 20A credits from the County's to the City of Tehachapi's credit balance to cover the project costs. There is the possibility of minor expenses to occur with this project due to items not covered by the Rule 20 program. These minor expenses are unknown at this time but may be a qualified expense under the City's Traffic impact Fee Program.
RECOMMENDAT!ON
INFORMATION ONLY
Exhibit rrArr
/alley Boulevard
Jndergrounding Utility D istrict
Legend
CITY OF
TE HACHAPI
CALIFORNIA
District
o
I
.q
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JANUARY L8,2022 AGENDA SECTION: Assistant City Manager
APPROVED
DEPARTMENT H
CITY MANAGER:
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: COREY COSTELLOE, ASSISTANT CITY MANAGER
JANUARY L8,2022
SUBJECT: ADOPTION OF AN ORDINANCE COMPLYING WITH SENATE BILL 1383 ADDRESSING SHORT-LIVED
CLIMATE POLLUTANTS
DATE:
BACKGROUND
As the Council is aware, the City of Tehachapi has been working with CalRecycle and our franchise waste and recycling hauler V1/Ul to implement the requirements of SB 1383, which becomes law in the State of California on January l,2O2Z. This law addresses short-term climate pollutants through the diversion of organic waste with the intent of cutting organic waste and methane gas in the landfills by implementing a variety of new organics recycling requirements.
The City Council recenily approved an SB 1383 implementation plan which was a reasonable attempt at compliance for our jurisdiction without executing all the provisions of the new law, which includes a threecontainer waste and recycling system with the third container reserved for organic materials and food waste which would add costs to our residents.
part of our timeline and the plan in our conversations with CalRecycle, this jurisdiction must adopt an ordinance codifying the provisions of SB 1383, even if we are unable to implement all the requirements in January of 2022. The City of Tehachapi, as adopted via resolution on December 20,2021, will file a notice of intent to comply with the provisions of SB 1383, but on a delayed basis and slowly phased-in over the next 18 months.
SB 1383 ORDINANCE
The attached ordinance adds many components of SB 1383 into section 8 of the Tehachapi Municipal Code, including requirements for curbside service, transition to a three-container waste system for some businesses, formalizing edible food recovery and procurement of organic materials by the City of Tehachapi.
While many of these provisions will not be completely executed in 2Q22 due to the challenges brought on by COVID-19, CalRecycle requires an ordinance to be adopted in order to show a good faith effort in complying with as many of the regulations as possible. The ordinance being introduced tonight was drafted in compliance with the regulations of SB 1383 drafted by CalRecycle. While the City of Tehachapi is not prepared at this time to initiate a three-container waste and recycling system for customers, we have provided the necessary framework for that eventual occurrence and are taking the first steps in compliance with the provisions of SB 1383 which is necessary to avoid any civil penalties for failing to comply.
As mentioned, this ordinance is part of the Council-approved SB 1383 implementation plan, to date here is the status of the elements in that plan:
{ Task 1: Prepare for the addition of a third container for the weekly collection of organic waste from residents, including a preliminary service rate impact analysis was completed to assess the estimated cost associated the new service. '/ Task 2: Develop a procurement plan for the City of Tehachapi using the CalRecycle calculator and establish a portfolio of organic materials available to meet plan targets / ldentify applicable businesses that fall under the "Tier 1" and "Tiet 2" categories of the required edible food rescue program, provide outreach and formalize food donation agreements between businesses and recipient entities
/ Collaborate with the County of Kern and WM to initiate required educational and outreach materials and programming related to organics recycling o (Ongoing) Update and adopt an ordinance complying with the provisions of SB 1383 by January 2022.
r (Ongoing) Adopt procurement policy to meet requirements of SB 1383 r Update all recycling codes to add curbside residential organics recycling services and monitoring to the city of rehachapi municipal code by July 1 ,2023 . Update agreement with \A/M to include new services and rate structure RECOi,IMENDAT!ON
Adopt an ordinance of the City of Tehachapi adding chapter 8.05 (mandatory organic waste disposal reduction) to title 8 of the Tehachapi Municipal Code, and making a determination of exemption under CEqA.
ORDINANCE NO.
AN ORDINANCE OF THE CIW OF TEHACHAP!, CAIIFORNIA
ADDTNG CHAPTER 8.05 (MANDATORY ORGANTC WASTE
DlsPosAr REDUCTTONI TO TtTtE 8 OF THE CtW OF TEHACHAP!
MUNICIPAL CODE, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA
THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS.
A. The City of Tehachapi, California ("City")is a municipalcorporation, duly organized under the constitution and laws of the State of California.
B. Assembly Bill ("A8") 939 of 1989, the California lntegrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery ("CalRecycle")), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
C. AB 341 of 2011 places requirements on businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program.
D. AB 1825 of 2OL4 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and m u lti-fa mily property owners.
E. AB 827 of 2OL9, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste -1-
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generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code.
F. Senate Bill ("S8") 1383 of 20L6, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 ("SB 1383 Regulations"), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets.
G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.
H. This Ordinance implements the requirements of the SB 1383 Regulations.
SECTION 2. AMENDMENT.
Title 8 (HEALTH AND SAFEW)of the City of Tehachapi Municipal Code is hereby amended to add Chapter 8.05 (Mandatory Organic Waste Disposal Reduction)to read as follows:
"Chapter 8.05 - MANDATORY ORGANIC WASTE DISPOSAI REDUCTION
8.05.010 - Definitions.
For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. ln the event of a conflict between a definition in this Code and a definition in 14 CCR Section L8982, the definitions in Section 18982 shall control for the purposes of this chapter. Additionally, forthe purposes of this chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. A "Blue Container" includes, but is not limited to, a container where the body of the container is gray in color and the lid of the container is blue in color. . "C&D" means construction and demolition debris removed from a premise during the construction or demolition of a structure. "CalRecycle" means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others).
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"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.9.,"L4 CCR" refers to Title 14 of the CCR).
"City Manager" means the City Manager of the City or his/her designee. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(aX6). A multi-family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this chapter. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(aX7). For purposes of this chapter, a "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(aX73):
For purposes of this chapter, "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18e82(aX73):
(1)
(2)
(3)
(4)
(s)
(1)
(21
(3)
(4)
(s)
(6)
Supermarket;
Grocery Store with a total facility size equal to or greater than 10,000 square feet; Food Service Provider;
Food Distributor; or,
Wholesale Food Vendor.
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
Hotel with an on-site Food Facility and 200 or more rooms; Health facility with an on-site Food Facility and 100 or more beds; Large Venue;
Large Event;
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
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(7) A Local Education Agency facility with an on-site Food Facility "Compliance Review" means a review of records by the City to determine compliance with this chapter.
"Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(a); or, as otherwise defined in 14 CCR Section 18982(aX8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(aX ) "Compostable Plastic(s)" means plastic materials that meet the ASTM D64OO standard for compostability; or, as otherwise described in 14 CCR Section 1898a.l(a)(lXA) or 78984.2(a)(f XC).
Compostable Plastic(s) shall be placed in the Gray Container unless the City otherwise specifies that Compostable Plastic(s) are to be placed in the Green Container. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants; or, as othenruise defined in 14 CCR Section 18e82(aXss).
"Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section L8987.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Direct Service Provider" means a person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
"Edible Food" means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(aX18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(aX19). "Enforcement Official" means the City Manager or the City's authorized Designee(s) who is/are partially or wholly responsible for enforcing this chapter. 12671-0007\2591719v3.doc
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"Excluded Waste" means hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class lll landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official's or its Designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(aX22). "Food Facility" has the same meaning as in Section LL3789 of the State Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(aX2a). "Food Recovery Organization," unless otherwise defined in 14 CCR Section 18982(aX25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the State Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section L73842 of the State Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(aX7).
"Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 12671-00012591719v3.doc
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"Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18s82(a)(27).
"Food-Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food Waste" means Food Scraps and Food-Soiled Paper. Food Waste excludes Compostable Plastic(s) unless otherwise specified by the City. Food Waste shall be placed in the Green Container.
"Generator" means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(aXa8). "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Gray Container Waste. A "Gray Container" includes, but is not limited to, a container where the body of the container is gray in color and lid of the container is black in color.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of the City's three-container Organic Waste collection service for Generators that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 77a12@l(6.5). Unless otherwise specified by the City, Gray Container Waste includes non-organic textiles, Non-Compostable Plastic(s), NonCompostable Paper, and treated wood but excludes hazardous wood waste. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. A "Green Container" includes, but is not limited to, a container where the body of the container is gray in color and the lid of the container is green in color. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(aX30).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5). 12671-0007\2591719v3.doc
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"Hazardous Waste" means waste as defined in State Public Resources Code Section 40141. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January L,2022 and December 31,2024, and 75 percent after January L,2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section [email protected]); or, as otherwise defined in 14 CCR Section 18e82(a)(33).
"lnspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter; or, as otherwise defined in 14 CCR Section 18982(aX35).
"Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an even! or, as othenryise defined in 14 CCR Section 18e82(aX38).
"Large Venue," unless otherwise defined in 14 CCR Section 18982(aX39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of !4 CCR, Division 7, Chapter 12, a site under common ownership or controlthat includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the controlof the City's regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(aXa0).
"MWELO" means the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter
2.7. "Multi-Family Residential Dwelling(s)" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities. 12671-0O07\25917 19v3.doc
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"Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18e82(aXa1).
"Non-Local Entity" means the following entities that are not subject to the City's enforcement authority; or, as otherwise defined in 14 CCR Section 18982(aXa2):
(1) Special district(s) located within the jurisdictional boundaries of the City; (2) Federal facilities, including military installations, located within the jurisdictional boundaries of the City;
(3) Prison(s) located within the jurisdictional boundaries of the City; (4) Facilities operated by the State park system located within the jurisdictional boundaries of the City;
(5) Public universities (including community colleges) located within the jurisdictional boundaries of the City;
(6) County fairgrounds located within the jurisdictional boundaries of the City; and (7) State agencies located within the jurisdictional boundaries of the City. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
"Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(aXa5) or further explained in 14 CCR Section 18995.4. "Organic Waste" means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Papers, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(aXa6). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). Paper Products shall be placed in the Blue Container. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, 12671-0007\25917 19v3.doc
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index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). Printing and Writing Papers shall be placed in the Blue Container. "Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55) or otherwise specified by the City, means the following:
(1) discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; (21 discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including non-Organic Waste, carpet, hazardous wood waste and NonCompostable Paper, and treated wood; (3) discarded materials placed in the I Gray Container that are identified by the City as Source Separated Green Container Organic Waste to be placed in the City's Green Container or Source Separated Recyclable Materials to be placed in the City's Blue Container; and
(4)
i
Excluded Waste placed in any container.
"Recovered Organic Waste Products" means products made from the State landfill-diverted recovered Organic Waste processed in a permitted or othenruise authorized facility; or, as otherwise defined in 14 CCR Section 18982(a)(60).
"Recovery" means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(aXag).
"Recycled-Content Paper" means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(aX61).
"Remote Monitoring" means the use, at the discretion of the City, of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(aX6a). "Route Review" means a visual lnspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical lnspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(aX55). 12671-0007\2591719v3.doc
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"SB 1383" means Senate Bill 1383 of 2015 approved by the Governor of the State on September L9,2076, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. "SB 1383 Eligible Mulch" means mulch eligible to meet the City's annual recovered Organic Waste product procurement target pursuant to 14 CCR Chapter 12 of Division 7. SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.l(fl( ):
1. Produced at one of the following facilities:
A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(aX10);
il A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections L7a0.2blpO)and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
ilt. A solid waste landfill as defined in State Public Resources Code Section 40195.1that is permitted under 27 CCR Division 2.
2 Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections L7 8s2(al(24. 5XA) 1 th ro u gh 3.
"SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
"Self-Hauler" means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(65). Self-Hauler also includes a person or entity who Back-Hauls waste. Back-Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18s82(a)(56XA).
"Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
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t.
"Solid Waste" means, unless otherwise defined in State Public Resources Code Section 40191, all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrialwastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous Waste;
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117500) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medicalwaste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials. "Source Separated Blue Container Organic Waste" means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and NonOrganic Recyclables. Unless otherwise specified by the City, Source Separated Blue Container Organic Waste includes Paper Products and Printing and Writing Papers and excludes hazardous wood waste, wood, dry lumber, textiles and Source Separated Green Container Organic Waste. "Source Separated Green Container Organic Waste" unless otherwise specified in 14 CCR Section 18984.1(a) and (b) or by the City, means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste, excluding Source Separated Blue Container Organic Waste, hazardous wood waste, carpets, Non-Compostable 12671-0007\2591719v3.doc
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Paper, and non-organic textiles. Source Separated Green Container Organic Waste includes organic Textiles, Food Waste, and untreated wood and dry lumber. "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
"State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars (52,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(aX75).
8.05.020 - SB 1383 Regulatory Requirements. Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City's jurisdiction shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this chapter, and the provisions of any collection agreement between the City and a franchised hauler in effect. ln the event of a conflict between the provisions of this chapter and other provisions of this Code, the provisions of this chapter shallcontrol. ln the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this chapter, the SB 1383 Regulations shall control.
8.05.030 - Requirements for Single-Family Organic Waste Generators.
The City or its franchised hauler have provided or shall provide containers for collection services to Single-Family Organic Waste Generators that comply with the container color requirements specified in this chapter, and new containers or lids provided to Single-Family Organic Waste Generators shall contain a label consistent with the applicable container collection requirements specifying what materials are allowed to be placed in each container. Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Subscribe to the City's three-container collection services for all Solid Waste generated, including Organic Waste, as described in paragraph (b) of this section. The City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
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(b) Participate in the City's three-container collection services by placing designated materials in designated containers as described in this paragraph, and shall not place Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated NonOrganic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
8.05.040 - Requirements for Commercial Businesses, lncluding Multi-Family Residential Dwellings.
The City or its franchised hauler have provided or shall provide containers for collection services to Organic Waste Generators that are Commercial Businesses, including Multi-Family Dwellings, that comply with the container color requirements specified in this chapter, and new containers or lids provided to such Generators shall contain a label consistent with the applicable container collection requirements specifying what materials are allowed to be placed in each container. All Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements except Commercial Businesses that meet the Self-Hauler requirements of this Code:
(a) Subscribe to the City's three-container collection services and comply with requirements of those services as described below in paragraph (b) of this section. The City shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the City's three-container collection services by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c) Except for Multi-Family Residential Dwellings, Commercial Businesses shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily 12671-0007\2591719v3.doc
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(d)
(e)
accessible. Such containers do not need to be provided in restrooms. lf a Commercial Business does not generate any of the materials that would be collected in the Green Container, then the Commercial Business does not have to provide a Green Container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided bythe business shall have either:
(1) A body or lid that conforms with the container colors provided through the threecontainer collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1,2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January t, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8.
Commercial Businesses, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to paragraphs (cX1) and (cX2) above) for the Commercial Business' employees, contractors, tenants, and customers, consistent with the City's three-container collection service and Article 3 of Chapter L2 of Division 7 of Title 14 of the CCR.
Commercial Businesses, except for Multi-Family Residential Dwellings, shall prohibit their employees from placing materials in a container not designated for those materials per the City's three-container collection service pursuant to 14 CCR Section 1898a.1(aX5).
Commercial Businesses, except for Multi-Family Residential Dwellings, shall periodically inspect Green Containers, Blue Containers, and Gray Containers for Container Contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18e84.e(bx3).
Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recycable Materials. (f)
G)
(h) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in paragraph (g) of this Section before or within fourteen (14) days of occupation of the premises to new tenants.
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(i) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all lnspections conducted in accordance with Section 8.5.130 to confirm compliance with the requirements of this Section.
U) lf a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this Code, including Section 8.05.90.
(k) Commercial Businesses, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter L2, Part 3, Division 30 of the State Public Resources Code. (t) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to Section 8.05.060. (m) Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a collection agreement between the City and a franchised hauler.
8.05.050 - Waivers for Generators.
The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
(a) De Minimis Waivers. The City may waive a Commercial Business' (including Multi-Family Residential Dwellings) obligations to comply with some or all of the Organic Waste collection service requirements of this chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the business generates below a certain amount of Organic Waste material as described below in subsection (aX2). Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph (aX2) below. (2) Provide documentation that either:
(A) The Commercial Business'total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container or Blue Container, as applicable, comprises less than 20 gallons per week of the business' total waste; or,
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(B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container or Blue Container, as applicable, comprises less than 10 gallons per week of the business'totalwaste.
(3) Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. ln addition, if the City determines at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection (aX2) above, the City shall rescind the waiver. (4) Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste collection service requirements of this chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter.
Commercial Businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
(2) Provide documentation that the premises lacks adequate space for a Green Container, Blue Container, or both including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.05.040, in which case the waiver will be rescinded. ln addition, if the City determines at any time that a Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section
8.05.040 the City shall rescind the waiver.
Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
(4)
(c) The Enforcement Official wil! be responsible for review and approval of waivers 12671-0007\2591719v3.doc
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8.05.060 - Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencingJanuary L,2022, and TierTwo Commercial Edible Food Generators must comply with the requirements of this Section commencing January L, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would othenrise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
(s) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
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(d)
(e)
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
lf the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information:
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(B) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(c) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(D) Any additional information required by the City or the City's Designee. (A)
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and schoolfood donation guidance pursuant to Senate Bill 557 of 20!7 (approved by the Governor of the State on September 25, 20L7, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section tL4O79 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.
8.05.070 - Requirements for Food Recovery Organizations and Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 1a CCR Section 18991.5(a)(1):
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(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) lf the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). (d) Food Recovery Capacity Planning--Food Recovery Services and Food Recovery Organizations.
ln order to support the City's cooperation with the County of Kern in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
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8.05.080 - Requirements for Haulers, Facility Operators and Community Composting Operations.
(a) Requirements for Haulers. Haulers, including exclusive franchised haulers, providing residential or Commercial Organic Waste collection services to Generators within the City's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
(1) Through written notice to the City annually on or before June 1 of each year (or such other date specified by the City), commencing June L, 2022, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Green Container Organic Waste, Source Separated Blue Container Organic Waste, Commercial Gray Container Waste and Residentia! Gray Container Waste.
(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article
3. (3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (b) Paragraph (a) of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code. (c) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vesse! digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permittedcapacitynecessaryforplanningpurposes. EntitiescontactedbytheCity shall respond within 60 days, unless a shorter timeframe is othenarise specified by the City.
(21 Community Composting operators in the City, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste _20_
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anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
ln addition to any other requirements for Self-Haulers as contained in this Code:
(a) Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3.
(b) As set forth in 14 CCR Section 18988.3(b), Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to Source Separate for collection in the City's organics and recycling collection program ) generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(c) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(d) Self-Haulers shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; these records shall be subject to Inspection by the City. The records shall include the following information :
(1) Delivery receipts and weight tickets from the entity accepting the waste (21 The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) !f the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shal! keep a record of the entities that received the Organic Waste.
(e) Self-Haulers shall provide information collected in paragraph (d) of this section to the City, if requested.
(f) Single-Family Organic Waste Generators are not allowed to self-haul 12671-0007\2591719v3.doc
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8.05.100 - Compliance with CALGreen Recycling Requirements. (a) ln addition to any other requirements of this Code, the following requirements also apply:
(1) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City's permit approval, comply with the following:
(A) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of materials in the Blue Container and Green Container consistent with the three-container collection program offered by the City or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.L,4.4IO.2,5.408.1, and 5.410.1of the California Green Building Standards Code, 24 CCR, Part 11 as amended July t,zOLg and effective January L,2O2O.
(B) Where new commercial construction or additions will result in more than 3Oo/o of the floor area, provide readily accessible areas identified for the storage and collection of materials in the Blue Container and Green Container consistent with the three-container collection program offered by the City or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2,5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2OL9 and effective January 1, 2020.
(b) For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 7,2OL9 and effective January L, 2O2O shall be complied with.
8.05.110 - ModelWater Efficient Landscaping Ordinance Requirements.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or !andscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,5OO square feet, shall comply with Sections 492.6(a)(3XB) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 20L5.
8.05.120 - Procurement Requirements for Direct Service Providers and Vendors. 12671-0007\2591719v3.doc
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(a) Direct Service Providers and all vendors providing Paper Products and Printing and Writing Papers to the City shall comply with the City's policy or policies regarding Recovered Organic Waste Prod ucts procu rement, including Recycled-Content Paper procu rement. (b) Without limiting the foregoing, Direct Service Providers of landscaping maintenance, renovation, and construction to the City shall:
(1) Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physicalcontamination, maximum metal concentration, and pathogen density standards specified in 14 CCR Section L7852(al(24.5XAX1) through (3 ). (2) Keep and, upon the request of the City, provide records of procurement of Recovered Organic Waste Products to the City, upon completion of projects. lnformation to be provided shall include:
(A) General description of how and where the product was used and if applicable, applied;
(B) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
(C) Type of product;
(D) Quantity of each product; and,
(E) lnvoice or other record demonstrating purchase or procurement. (c) Without limiting the foregoing, all vendors providing Paper Products and Printing and Writing Papers to the City shall:
(1) lf fitness and quality are equal, provide Recycled-Content Paper instead of nonrecycled products whenever Recycled-Content Paper are available at the same or lesser total cost than non-recycled items.
(21 Provide Paper Products and Printing and Writing Papers that meet the Federal Trade Commission recyclability standard as defined in 15 Code of Federal Regulations Section 260.L2, as published January L,2OL3. (3) Certify in writing, under penalty of perjury and in a form and manner satisfactory to the City, the minimum percentage of postconsumer material in the Paper 12671-0007\2591719v3.doc
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(4)
(s)
Products and Printing and Writing Papers offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Papers, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
Certify in writing on invoices or receipts provided, that the Paper Products and Printing and Writing Papers offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.72, as published January L,2OL3.
Provide records to the City's Recovered Organic Waste Product procurement recordkeeping Designee or staff in accordance with this Section and with any City Recycled-Content Paper procurement policy or policies of all Paper Products and Printing and Writing Papers purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (bX3) and (bXa) of this Section for Recycled-Content Paper purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper was not provided.
8.05.130 - lnspections and lnvestigations by the City.
(a) Subject to the requirements of any applicable collection agreement with an exclusive franchise hauler, City representatives and/or its designated entity, including Designees, are authorized to conduct lnspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection.
For the purposes of inspecting Commercial Business containers for compliance with this chapter, the City may conduct container lnspections, including using Remote Monitoring, for Prohibited Container Contaminants.
(b) Subject to the requirements of any applicable collection agreement with an exclusive franchise hauler, a regulated entity shall provide or arrange for access during all lnspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such lnspections and investigations. Such lnspections and investigations may include 1267 1-0007\25917 19v3.doc
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confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises;
(2) installation and operation of Remote Monitoring equipment; or, (3) access to records for any lnspection or investigation is a violation of this chapter and may result in penalties described herein. (c) Any records obtained by the City during its lnspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq. (d) Subject to the requirements of any applicable collection agreement with an exclusive franchise hauler, the City's representatives, its Designees and agents are authorized to conduct any lnspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. (e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by L4 CCR Section 18995.3.
8.05.140 - Enforcement.
(a) Violation of any provision of this chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines set forth Chapter 1.16 (Citation Procedure) of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(b) The provisions of subsection (a) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or 12671-0007\2591719v3.doc
-25-
(c)
(d)
the City's Designee shall enforce through the notice provisions of L4 CCR Section 18984.5(b) and any applicable contamination processing fees.
Enforcement pursuant to this chapter may be undertaken by the Enforcement Official.
Penalty Amounts for Types of Violations
For the purposes of this chapter, the penalty levels for violations of the provisions of this chapter are as follows:
(1) For a first violation, the base penalty amount shall be S50 per violation. (21 For a second violation, the base penalty amount shall be $tOO per violation. (3) For a third or subsequent violation, the base penalty amount shall be S2SO per violation.
(e) ComplianceDeadlineExtensionConsiderations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
l2l Delays in obtaining discretionary permits or other government agency approvals; ol,
Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section L8996.2 due to those deficiencies."
SECTION 3. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQ6") pursuant to State CEQA Guidelines Sections 15051(bX3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
SECTION 4. SEVERABILITY. lf any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional bythe decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion 12671-Ooo7\2s91719v3.doc
-26-
(3)
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance or a summary as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi this _ day of 202r.
12671-0007\2591719v3.doc
-27-
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
APPROVED
CITY MANAGER
DEPARTMENT
TO: HONORABLE MAYOR SMITH AND COUNCTL MEMBERS
FROM: COREY COSTELLOE, ASSISTANT CITY MANAGER
DATE: JANUARY 18,2022
SUBJECT: Contract with Zambelli Fireworks Manufacturing Co. for 4th of July Fireworks Display
BACKGROUND
Each year the City of Tehachapi prides itself on a community fireworks display honoring lndependence Day.
For the last two years, the City has worked with Zambelli Fireworks of Shafter, California to host our annual display with great reviews from the community.
We are pleased to present a new agreement for our 2022 show, concluding a full day of events as part of our 4th of July celebration.
FISCAL IMPACT
As anticipated, record inflation and supply issues have resulted in a significant increase in costs for our show this year. The cost of this year's display is $46,000 which represents a 31o/o increase trom 2021 due to materials, labor and permitting costs associated with the fireworks display. Since this item is not paid until the start of the 2022-23 fiscal year budget, this cost will be programmed into next year's budget. Savings from other aspects of the All-American 4th of July Festival along with sponsorships from local businesses assist with offsetting the fireworks costs with minimal impact to the General Fund.
RECOMMENDATION
Staff recommends that the City of Tehachapi enter into an agreement with Zambelli Fireworks Manufacturing Co. for the 4th of July Fireworks Display on Monday, July 4th, 2022for $46,000 and authorizing the City Manager to spend up to 1 5o/o of the proposed budget ($6,900) in postponement fees should unforeseen circumstances (weather, natural disaster), force the show from its original date and time.
MEETING DATE: January L8,2022 AGENDA SECTION: Assistant City Manager Zamhelli
FIRE\^/ E RKS
City of Tehachapi
Independence Day 2022
Fireworks Celebration
Zambelli Fireworks
John Hagan
800-322-7r42
502-220-7944
jhagan@za m bellifi rewo rks. c o m
Shafter, CA
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Zamhelli FIRE\lvERKEi
FIREWORKS PROPOSAL
City of Tehachapi
Independence Day 2021
Fireworks Celebration
Show Date: Monday July 4th, 2022
Show Budget $46,000 (an all-inclusive show budget)
lnsurance Liability Coverage: $10 Million dollars per incident clause to cover the Fireworks Display. Zambelli uses the highest insurance premium in the industry, only offered [e "ArArA" rated companies.
State, Local and Federal Permits: Zambelli Fireworks will secure all necessary state, local and federal permits / required licenses.
Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)
Workerc Compensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of California
Site Security and Fire Protection: Customer will assist in providing site security and make arrangements with the Authorities Having Jurisdiction.
Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.
Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.
Safety Procedures: Zambelli Fireworks adheres to all safety regulations.
NFPA 1123 code will be strictly enforced.
Zambetli
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F EWERKEi
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SYNOPSIS FOR AN EIGHTEEN MINUTE DISPLAY
LARGE FINALE
ALL INCLUSIVE PACKAGE PRICE S46,000
SHELL DESCRIPTION QUANTITY
OPENING FINALE
Three Inch Assorted Color Finale Display Shells
Three Inch Zambelli Specialty Finale Display Shells
Three Inch Assorted Titanium Salute Finale Display Shells Four Inch Color Finale Display Shells
Five Inch Color Finale Display Shells
Six Inch Color Finale Display Shells
TOTAL NUMBER OF SHELLS IN OPENING
MAIN BODY OF PROGRAM
Four Inch Zambelli Floral Pattem Shells
Four Inch Zambelli Specialty Shells
Four Inch Zanlt:,elli Duration/Lingering Effect Shells
Four Inch Palm, Dahlia & Chrysanthemum Multi-Effect Shells Four Inch Tourbillion & Serpent Effect Shells
Five Inch Red White and Blue Theme Shells
TOTAL NUMBER OF FOUR INCH SHELLS
Five Inch Zambelli Floral Pattern Shells
Five Inch Zambelli Specialty Shells
Five Inch Zambelli Duration/Lingering Effect Shells
Five Inch Palm, Dahlia & Chrysanthemum Multi-Effect Shells Five Inch Tourbillion & Serpent Effect Shells
Five Inch Red White and Blue Theme Shells
TOTAL NUMBER OF FIVE INCH SHELLS
Six Inch Zambelli Floral Pattern Shells
Six Inch Zambelli Specialty Shells
Six Inch Zan:t,elli Duration/Lingering Effect Shells
Six Inch Palm, Dahlia & Chrysanthemum Multi-Effect Shells Six Inch Tourbillion & Serpent Effect Shells
Six Inch Red White and Blue Theme Shells
TOTAL NUMBER OF SIX INCH SHELLS
ZAMBELLI GRAND FINALE
Three Inch Assorted Color Finale Display Shells
Three Inch Zambelli Specialty Finale Shells
Three Inch Titanium Salute Report Shells
Four Inch Zambelli Specialty Finale Shells
Five Inch Zambelli Specialty Finale Shells
Six Inch Zambelli Specialty Finale Shells
TOTAL NUMBER OF GRAND FINALE SHELLS
l0
l0
l0
6 5
4 45
40 40
40 40
40 40
240
30 30
30 30
30 60
210
30 30
30 30
30 30
r80
135
135
300
54 45
36 705
TOTAL NUMBER OF SHELLS IN THE DISPLAY 1380
W
Zambelti
F!REW E RKEi
ZAMBELLI SHELL SEL
- ZAMBELTI SPECIATTY SHETLS -
Kaleidoscope Shells -
These shells represent the small tubes of colored glass.
The colored stars change their colors three times by sections, creating different shapes and colors.
Wason Wheels -
These unique shells are in the shape of an old fashioned wagon wheel. The spokes are thick palm tree effect of
white and gold with a colored ring.
Tremelon -
A bright silver glittering ball creating a shimmering effect! Glitter Blast -
A thick glittering gold chrysanthemum ball creating a sparkling golden glowl DURAT!ON/
LINGERI NG EFFECTS
Gold Spider to White Strobe
Diadem Chrysanthemum with Strobing Pistil & Rising Gold Tail Spider Web and Pimpinella
Brocade and Silver Crown Chrysanthemum
Gold Rippling Chrysanthemum
Twinkling Kamuro Chrysanthemum with Rising Tail
Majestic Transformation Arch
Diadem Chrysanthemum with Palm Tree pistil
Big Willow with Strobing Stars
Glittering Gold to Green Crown Chrysanthemum
Glittering Gold to Red Crown Chrysanthemum
Glittering Gold to Silver Crown Chrysanthemum
Weeping Willow and Gold Spiderweb Shell of Shells
Brocade and Golden Kamuro Chrysanthemum
PALM TREE EFFECTS
Gold Tiger Tail with Palm Tree Core
Golden Palm Tree Shell of Shells
Golden Palm Tree with Large Rising Tail
Silver Palm Tree with Large Rising Tail
Diadem Chrysanthemum with Palm Tree Pistil
Red, Blue, Green and Purple Peony with Palm Tree Pistils Crackling Palm Tree with Large Crackling Tail
Zambelli
FIREWERKS
MUITI.SHEtL OF SHELTS EFFECTS
Red, Blue and Green Chrysanthemum Shell of Shells
Golden Palm Tree and Weeping Willow Shell of Shells
Eight Break Spider Web and Pimpinella
Blooming Silvery Chrysanthemum
Gold Sparkling Kamikazes
Silver, White Flitter and Gold Flitter Crossettes
Green Magnesium with Gold Flitter Crossettes
Purple laced Flowers
Grapes all over the Vineyard
Blossom after Thundering
Twice Presented Flowers
Gold Spiderweb Shell of Shells
RISING TAIt EFFECTS
Silver Tiger Tail with Silver flower Core
Gold Tiger Tail with Gold Flower Core
Red Tiger Tail with Blue Core
Golden Tiger Tail with Palm Tree Core
Golden Palm Tree with Large Rising Tail
Crackling Tiger Tails with Crackling Core
NOISE SHELTS
Flash and Titanium Salute
Tourbillions to Report
Floral Salute Shell of Shells
Crackling Star Shells
Blooming Silvery Chrysa nthemu m
Gold Sparkling Kamikazes
Red Comets to Titanium Reports with Rising Silver Tail
Blue Comets to Titanium Reports with Rising Silver Tail For the State of California, a separate certificate for workman's compensation will be issued I
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Zamhelli
FIRE\^/ RKS
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE HUHBER: REVISIOTI IIUMBER:
DAIEIMYYTYI
TH]S CERTIFICATE IS ISSUED AS A XATTER OF ITIFORIA'X}II OI'LY ATD COIIFERS i'O RIGHIS UPO}I THE CERNFrcATE HOLDER. THIS CERTFICATE DOES I{OT AFFNHATIVELY ON XEGATN'EI.Y AIEIE). EXTEXO OR ALTER THE COVERAGE AFFORI}ED BY THE POLICIES aELOUr. THIS CERTTFICATE OF ||ISURAXCE DO€3
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Sflorll) AIIY OF THE AEOI/E O€3CR3ED POIEES E CA"CELLEO BEFOftE THE Ef,PNATPiT OATE THENAOF. I'OTICE IVT-L AE O€rJVERED X ACCOROAIICE fiTH TIIE FOLEY PROI'I3X)Is
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ZAMBELLI FIREWORKS MANUFACTURING CO.
THIS CONTRACT AND AGREEMENT (this "Contract") is made eflective as of this 10th day of January 2022,by and between:
Zanbelli Fireworks Manufaeturing Co. of Warrendale, Pennsylvania (hereinafter referred to as "Zambelli"), -ANDCity of Tehrchepi of Tehachapi, Californie (hereinafter referred to as "Client").
WHEREAS, Zambelli is in the business of designing and performing exhibitions and displays of fireworks; and WHEREAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof.
NOW, THEREFORE, in consideration of the mutual agreements herein contained:
Zambelli, intending to be legally bound, agrees as follows:
l. Zambelli agrees to sell, furnish and deliver to Client a fireworks display [per the program submitted by Zambelli to Client, accepted by Client and made a part hereofl (hereinafter referred to as the "Display") to be exhibited on the display date set forth below (hereinafter referred to as the "Display Date"), or on the postponement date set forth below [if the Display is postponed as provided hereinl, (hereinafter referred to as the "Postponement Date") which Display Date and Postponement Date have been agreed upon at the time of signing this Contract.
Display Date: July 4,2022 Postponement Date: n/a
2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as "Display Technicians") who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge of and safely present the Display.
3. Zambelli agrees to fumish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 andT below. Client shall indemnifo and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 and 7 below. Zambelli furnished insurance exposure in connection with the subject Display is not subject to deviation.
Should client request any scale of modification; corresponding fee(s) to accommodate shall not be bome by Zambelli.
Client intending to be legally bound, agrees as follows:
4. Client agrees to pay Zambelli the sum of $46,000.00 (hereinafter referred to as the "Purchase Price"), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due at noon three (3) days prior to the Display Date. All credit card payments will be subject to a3.9o/o surcharge. Zambelli reserves the right to add to Client's invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition, Client agrees to pay a postponement fee of fifteen percent ( I 5%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph I I below) if the Display is fired on the Postponement Date, or twenty-five percent (25%) of the Purchase Price plus Additional Third Party Charges if the Display is fired on a date other than the Display Date or the Postponement Date ("Alternate Date"). The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Altemate Dates will not include the period from June 28m through July 76. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by Zambelli. NO CASH shall be paid to any agent or employee of Zambelli, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 4, except as specifically provided in paragraph I I below.
5. Client agrees to meet all deadlines outlined in the Design and Production Provisions, which has been provided to Client, including but not limited to the following:
(a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the "Display Area") and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association C'NFPA") standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelli and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking areq spectators, inhabited buildings, public roads, or active railroad. Client shall submit a site map (attached hereto as Exhibit A) to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones. "Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, state and United States Coast Guard ("USCG") permits, and arrange for any security bonds or insurance as required by law Client will assist Zambelli when appropriate in completing permit applications." (c) If the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date.
6. If, in its sole discretion, Client designates an area for members of the public to view the Display (hereinafter referred to as the "Spectator Area") or an area for vehicular parking (hereinafter referred to as the "Parking Area"), Client shall (a) ensure that the Spectator Area does not infringe on the Display Area, (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators, (c) have sole responsibility for ensuring that the Parking Area is safe for use, (d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that Zambelli shall not inspect any area other than the Display Are4 except to ensure that any Spectator or Parking Areas are outside the Display Area.
7. Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out of the Display Area and behind safety zone lines and limits.
8. Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Area and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area.
9. Client will include a direct reference to "Zambelli Fireworks" in all promotional material, including but not limited to event schedules; radio, television, newspaper and intemet announcements; newspaper articles; and other media.
The parties, intending to be legally bound, mutually agree as follows:
10. It is agreed and understood by the parties hereto that should inclement weather prevent firing of the Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 14 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If there is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and Client will pay to Zambelli, 50% of the Purchase Price, less any Deposit paid prior to the Display Date. ll. Client's cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorized person representing Client. In the event of cancellation of the Display, the parties agree as follows:
(a) If Client cancels the Display more than sixty-one (61 ) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent (10%) ofthe Purchase Price plus Additional Third Party Charges, as defined below.
(b) If Client cancels the Display from thirty-one (31) to sixty (60) days prior to the Display Date, Client agrees to pay Zanbelli a cancellation fee equal to twenty percent (20%) of the Purchase Price plus Additional Third Party Charges, as defined below.
(c) If Client cancels the Display from five (5) to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent (30%) ofthe Purchase Price plus Additional Third Party Charges, as defined below.
If Client cancels the Display less than five (5) days prior to the day of the Display, Client agrees to pay Zarrill,elli a cancellation fee equal to fifty percent (50%) of the Purchase Price plus Additional Third Party Charges, as defined below.
(e) "Additional Third Party Charges" shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees.
12. Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially, adversely affect price, time of delivery, functional character or performance of the Display.
l3 It shall be within Zambelli's and/or the Authority Having Jurisdiction's discretion to terminate the firing of the Display if any unsafe or unsuitable condition is identified. If such condition is not conected, Zambelli may cancel the Display without further liability to Client for such cancellation.
14. The parties agree to cooperate with the regulatory authorities having jurisdiction over the Display, including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG (any such authority having jurisdiction over the Display is sometimes referred to herein as, the "Authority Having Jurisdiction"). The parties acknowledge that such governmental regulatory authorities having jurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected.
Revised 2-12-l 8 M:\Word\Contracts
(b)
(d)
15. 16.
l7
18. 20.
This contract shall be deemed made in the Commonwealth of Pennsylvania and shall be construed in accordance with the laws of the Commonwealth ofPennsylvani4 excluding its conflict oflaw rules. The parties agree and consent to thejurisdiction ofthe courts of the Commonwealth of Pennsylvania and the Federal District Court for the Western District of Pennsylvania to decide all disputes regarding this Contract.
If Client becomes bankrupt or insolven! or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambelli. If Client's financial condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proofof its ability to pay the balance ofthe Purchase Price.
Except to the extent, ifany, specifically provided to the contrary herein, in no event shall Zambelli be liable to Client for any indirect, special, consequential, incidental or punitive damages or lost profits, however caused and on any theory of liability (including negligence of any kind, strict liability or tort) arising in any way out of this contract, whether or not Zambelli has been advised of the possibility of damages.
If Client fails to pay the monies due under this Contract, Zambelli is entitled to recover the balance due plus interest at one and onehalf percent (1 % o/o) per month on arnounts past due sixty (60) days or more. Further, on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recoverthe balance due, plus accrued interest, plus attorneys fees of ten percent (10%) of the amount past due, plus court costs, or, if less, the maximum amount permitted by law.
19. This Contract shall not be construed to create a partnership orjoint venture between the parties or persons mentioned herein. 2t
Each party hereunder shall be excused for the period ofdelay in the performance ofany of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond its reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or intemrption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member), Federal, state, municipal or other govemmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, intemrption or curtailment of power supply, or act of God, nature or public enemy.
This Contract constitutes the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each ofthe parties.
Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, to:
City of Tehechepi, l15 S. Robinson Street, Tehachapi, California 93561.
This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Contract as to the parties and may be used in lieu of the original Contract for all purposes. This Contract and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigns.
24. 22.
23. IN WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above written.
FOR Clicnt: FOR: Zambelli Fireworks Mrnufecturing Co.
BY BY
date date
BY BY: John D. Hagan - West Coast Project Manaser
Printed Name and Title Printed Name and Title
Please sign contract where indicated for Client and return all copies for final acceptance to:
Zambelli Fireworks Menufacturing Co.
P.O. Box 986
Shafter, CA 93263
Or email to : t.nichols@zambel I i tlreworks.com
CA OIIice: 800-322-7142 Fex: 800-641{932
Revised 2-12-l 8 M:\Word\Contracts