Agenda — Tehachapi City Council, January 18, 2022 (part 1 of 3)

TEHACHAPI POLICE DEPARTMENT

COMMUNITY ROOM
220 WEST C STREET
AGENDA

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
TUESDAY, JANUARY 18, 2022 - 6:00 P.M.

Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation. A copy of any writing that is a public record relating to an open session of this meeting is available at City Hall, 115 South Robinson Street, Tehachapi, California.

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (661) 822-2200.

CALL TO ORDER

ROLL CALL

INVOCATION
Participation in the invocation is strictly voluntary. Each City Councilmember, city employee, and each person in attendance may participate or not participate as he or she chooses.

PLEDGE TO FLAG

CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT
All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff. Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.

MAYOR CERTIFICATES

1. Mayor Smith to present Certificate of Recognition to Finance Director, Hannah Chung - PRESENTATION

AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.

Persons addressing the Council should first state their name and area of residence, the matter of City

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
TUESDAY, JANUARY 18, 2022 - 6:00 P.M. - PG. 2
business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m. on the Monday preceding the Council meeting; otherwise response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.

2. Public comment

POLICE CHIEF REPORTS

3. Second reading and adoption of an ordinance to comply with state laws relating to code enforcement, cannabis, public nuisances, weed and rubbish abatement, abandoned or inoperative vehicles, subpoenas, and other related provisions- ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF TEHACHAPI UPDATING, CONSOLIDATING, AND STREAMLINING SELECTED PROVISIONS OF THE TEHACHAPI MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE LAW ENACTMENTS AND

PROVIDE FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOLATIONS

4. Second reading and adoption of an ordinance to comply with state laws relating to code enforcement, subpoenas, permits, graffiti, and other related provisions - ADOPTION OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEHACHAPI UPDATING, CONSOLIDATING, AND STREAMLINING SELECTED PROVISIONS OF THE TEHACHAPI MUNICIPAL CODE (“TMC”) TO COMPLY WITH RECENT STATE LAW

ENACTMENTS AND PROVIDE FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOLATIONS

5. Second reading and adoption of an ordinance regulating activities that impact public health, safety, and welfare – ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI TO PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE BY REVISING SECTION 9.04.030 TO CLARIFY PROHIBITIONS ON SLEEPING IN VEHICLES ON PUBLIC LAND, ADDING CHAPTER 9.22 TO REGULATE THE STORAGE OF PERSONAL PROPERTY ON PUBLIC LAND, ADDING CHAPTER 12.09 TO INCORPORATE REGULATIONS IN CITY PARKS, ADDING CHAPTER 5.44 TO REGULATE SIDEWALK VENDORS, ADDING CHAPTER 8.68 TO REDUCE THE OCCURRENCE OF FALSE ALARMS, AND ADDING CHAPTERS 9.40 AND

9.44 PROHIBITING PUBLIC DRUNKENNESS, URINATION, AND DEFECATION

CITY CLERK REPORTS

ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ

BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 01-22
Tehachapi City Council Unassigned Ord. No. 22-01-766
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-22 Tehachapi Public Financing Authority Unassigned Res. No. 01-22 * 6. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting December 20, 2021 – APPROVE AND FILE

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
TUESDAY, JANUARY 18, 2022 - 6:00 P.M. - PG. 3
* 7. Disposition of Property – ADOPT A RESOLUTION AUTHORIZING THE DISPOSITION OF CITY OWNED

PROPERTY
* 8. Destruction of Records – ADOPT A RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN CITY

RECORDS

9. PUBLIC HEARING - City of Tehachapi Redistricting Assessment – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING;

AUTHORIZE USGEOCODER TO PROCEED WITH THE REDISTRICTING PROCESS AND APPROVE THE

SCHEDULE AS ATTACHED HERETO
* 10. Agreement for IT Services – APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND DIAMOND TECHNOLOGIES, INC. AND AUTHORIZE THE MAYOR TO SIGN

FINANCE DIRECTOR REPORTS
* 11. Disbursements and bills for December 14, 2021 through January 11, 2022 - AUTHORIZE PAYMENTS

12. Disbursements and bills for RSI Petroleum for December 14, 2021 through January 11, 2022 –

AUTHORIZE PAYMENTS
* 13. Capital Asset Policy and Procedures – ADOPT A RESOLUTION ADOPTING A CAPITAL ASSET POLICY RELATING TO CONTROL AND APPROPRIATE USE OF CITY ASSETS AND REPEALING RESOLUTION 36-13

14. Fiscal Year End 2021 Financial Reports – INFORMATION ONLY

DEVELOPMENT SERVICES DIRECTOR REPORTS

15. PUBLIC HEARING - Annexation of Tentative Tract 6668 near the intersection of Fig Drive and Pinon Street into Landscaping and Lighting Assessment District No. 1, Annexation No. 16 – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING; ADOPT TWO RESOLUTIONS OF THE CITY COUNCIL, SUBJECT TO THE RESULTS OF THE PUBLIC HEARING AND PROTEST BALLOT PROCEEDINGS; (1) DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING AND; (2) AMENDING AND/OR APPROVING THE FINAL ENGINEER’S REPORT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1, ANNEXATION 16 (TRACT 6668) AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE DISTRICT FOR FISCAL YEAR 2022/2023

16. PUBLIC HEARING - Reassessment of Landscaping and Lighting Assessment District No. 1, Zone No. 4 (Tentative Tract Map 6248, located at the southern end of Robinson St.) – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING; ADOPT TWO RESOLUTIONS OF THE CITY COUNCIL, SUBJECT TO THE RESULTS OF THE PUBLIC HEARING AND PROTEST BALLOT PROCEEDINGS: (1) DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING AND; (2) AMENDING AND/OR APPROVING THE FINAL

ENGINEERS REPORT FOR NEW/INCREASED ASSESSMENTS TO LANDSCAPING AND LIGHTING DISTRICT NO. 1, ZONE 4 (TRACT 6248) AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE DISTRICT FOR FISCAL YEAR 2022/2023

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
TUESDAY, JANUARY 18, 2022 - 6:00 P.M. - PG. 4

17. PUBLIC HEARING – Underground Utility District on Valley Boulevard between Las Colinas Street and Curry Street – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING - INFORMATION ONLY

ASSISTANT CITY MANAGER REPORTS

18. Second reading and adoption of an ordinance complying with Senate Bill 1383 addressing Short-Lived Climate Pollutants – ADOPTION OF AN ORDINANCE ADDING CHAPTER 8.05 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 OF THE CITY OF TEHACHAPI MUNICIPAL CODE, AND

MAKING A DETERMINATION OF EXEMPTION UNDER CEQA
* 19. Contract with Zambelli Fireworks Manufacturing Co. for 4th of July Fireworks Display – APPROVE THE

AGREEMENT BETWEEN ZAMBELLI FIREWORKS MANUFACTURING CO AND THE CITY OF TEHACHAPI AND AUTHORIZE THE CITY MANAGER TO SPEND UP TO 15% OF THE PROPOSED BUDGET ($6,900) IN

POSTPONEMENT FEES SHOULD UNFORESEEN CIRCUMSTANCES (WEATHER, NATURAL DISASTER)

FORCE THE SHOW FROM ITS ORIGINAL DATE AND TIME AND AUTHORIZE THE MAYOR TO SIGN

CITY MANAGER REPORTS

20. Report to Council regarding current activities and programs – VERBAL REPORT

COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.

CLOSED SESSION

1. Closed Session minutes of December 20, 2021 meeting – APPROVE AND FILE

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Water Rights
Agency Negotiating Party: City Manager and Public Works Director Negotiating Party: Kallenberger
Under Negotiation: Price and Terms of Payment

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et al.

ADJOURNMENT

TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY L8,2022 AGENDA SECTION: POIICE DEPARTMENT

APPROVED

DEPARTMENT H
CITY

TO HONORABLE MAYOR SMITH AND CIW COUNCIL MEMBERS

KETTT KROEGER, POLICE CHIEF
JANUARY 4,2022
ADOPTION OF AN ORDINANCE REVISING UPDATING, CONSOLIDATING, AND STREAMI.INING

SETECTED PROVISIONS OF THE TEHACHAPI MUNICIPAT CODE TO COMPLY WITH RECENT

STATE TAW ENACTMENTS AND PROVIDE FOR MORE EFFICTENT ENFORCEMENT OF CODE vtor-ATtoNs
FROM
DATE:

SUBJECT:

BACKGROUND
This ordinance will update, consolidate, streamline key Tehachapi Municipal Code ("TMC") provisions related to code enforcement to ensure that the TMC comports with recent State law enactments and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare.

The proposed ordinance will change various sections of the TMC pertaining to penalties for code violations and fines relating to building related violations; hardship waiver for administrative fines; streamlining regulations for public nuisance abatement, weed and rubbish abatement, abandoned or inoperative vehicle abatement, drug house and chronic nuisance abatement and other nuisance abatement provisions across the TMC; regulations on the City's legislative body's authority to issue subpoenas; cumulative remedies for enforcement of laws; restrictions on potential financially interested third parties at commercial inspections; and other related provisions.

The outcome of this ordinance will be to provide greater efficiency for the City of Tehachapi's ("City") code enforcement efforts, enhanced transparency, clarity, and ease of reference for the public concerning the City's code enforcement authority and processes, and continued compliance with State laws to avoid any conflict between State and local law.

PROPOSAI
The proposed amendments to TMC section 1.20.010 ensure that the TMC is consistent with Government Code section 35900 requiring enforcement agencies to establish a process for a hardship waiver for second and third fines assessed due to an undue financial burden where the responsible party shows a bona fide effort to comply. Proposed section 1.20.010 establishes that process. Proposed section 1.20.010 also updates the fine amounts for violations of local building and safety codes determined to be an infraction as provided by Section 36900 as well. The proposed amendment to TMC section 15.04.120(A)gives the City flexibility to issue administrative citations for local building violations as infractions as opposed to misdemeanors only, as currently the TMC provides.

The proposed amendments to TMC Chapter 8.28 are intended to streamline the City of Tehachapi's ("City") nuisance abatement options and offer greater clarity to the public. They include:
rl
. Amendments to TMC section 8.28.010(A), (C), and (E) and additions for Subsections (O)-(R) add nuisance definitions, for example, the violation of laws and unruly and dangerous behavior including loud noise and controlled substance use impacting others and simplifies other nuisance definitions to enhance clarity. o Amendments of TMC section 8.28.020 streamline that provision in light of the added nuisance provisions from proposed Section 8.28.010 to avoid duplication.
o Amendments to TMC section 8.28.030 clarify who the TMC considers to be responsible for preventing and abating public nuisances for greater direction for the public and enforcement purposes. o Amendments to TMC section 8.28.040 account for California Assembly Bill 2485, which restricts potentially financially interested third parties from being present during inspections of commercial properties. Formally prohibiting such participants lines up the City's practice with the TMC and State law. The proposed amendments also clarify and define who from the City may investigate public nuisances. o Amendments to TMC section 8.28.050 clarify the methods of service of documents issued under TMC Chapter

8.28 on Property Maintenance.
r Amendments to TMC section 8.28.050 streamline the City's procedures for appeals of any notice and demand for abatement issued under Chapter 8.28, procedures for administrative hearings subject to such appeals, and the process and procedure for the issuance of the hearing officer's decision. These amendments offer greater clarity and options on the administrative procedures, including hearings by a neutral third-party and hearings by declaration if the appellant so chooses.
r Amendments to TMC section 8.28.070 clarify that any person subject to a notice and demand for abatement issued or upheld is entitled to remediate the nuisances on the subject property within the time frame provided, and if not, that the City Manager or his/her designee may abate said nuisances. . Adding sections to Chapter 8.28 of the TMC on Property Maintenance streamline the City's record keeping of its abatement costs and include a definition of abatement costs for clarity (Section 8.28.080), provide the City lien and special assessment authority and procedures for recovering nuisance abatement costs as permitted by Government Code Sections 38773, 38773.1, and 38773.5 (Section 8.28.090), specify the authority for recovery of the City's attorneys' fees in connection with its nuisance abatement efforts (Section 8.28.150), and authorize treble costs of abatement by court order (Section 8.28,150). . Adding section 8,28.110 clarifies the City's alternative and cumulative remedies beyond Chapter 8.28. o Addin8 section 8.28.120 delineates the kinds of violations for non-compliance with Chapter 8.28 that responsible parties may be held accountable for to offer clear guidance and transparency. . Adding section 8.28.130 authorizes the City to conduct emergency abatements of public nuisances and provides the procedures and process for such abatements and adding section 8.28.140 accounts for the City's right to conduct abatement of public right of way public nuisances and process for the City's recovery of costs.

The proposed amendments to TMC sections 8.60.030 (unauthorized entry into waste containers), 6.08.110 (barking dogs),

12.08.090 (dangerous trees on private property),05.04.510 (unlawful business operations), 05.40.190 (unlawful massage operations), and 08.20.020 (health nuisances or dangerous obstructions) are to streamline these nuisance provisions with the City's abatement provisions in Chapter 8.28 (as amended by this ordinance) and to provide clarification on the alternative and cumulative remedies available to the City for enforcement.

The proposed amendments to TMC sections 8.32.020, 8.32.030, and 8.32.050 on Weeds and Rubbish are to streamline the City's abatement procedures and processes, including notice of violations given, service methods, appeal procedures, hearing procedures, hearing officer determinations and related procedures, and alternative and cumulative remedies, to be consistent with Chapter 8.28 and elsewhere in the TMC (as amended by this ordinance). This ensures consistency in practices and processes for ease of enforcement for the City and ease of reference for the public and is in line with Government Code sections 39501's and 39502's authorization for the City to enact such regulations.

Page 2 of 3 ends

The proposed amendments to TMCsections 10.24.050, tO.24.O7O,10.24.080, 1.0.24.090, 10.24.100, and 10.24.130on Abandoned and lnoperable Vehicles are to streamline the City's abatement procedures and processes in these Sections like the amendments noted above for Chapter 8.32 and to streamline these Sections with Chapter 8.28 and elsewhere in the TMC (as amended by this ordinance) for consistency in and ease of enforcement and understanding.

The proposed additions to TMC section 9.28.030(E)-part of the City's Drug Houses and Chronic Nuisance Properties Ordinance-adds further definitions for nuisance activity subject to Chapter 9.28 for loud and excessive noise and behavior by someone under the influence. The proposed amendments to TMC sections 9.28.050 (Penalty), 9.28.080 (Cost recovery), and 9.28.100 (Appeal) are to clarify the applicable penalties if the City finds violations of Chapter 9.28, provide for alternative and cumulative remedies consistent with Chapter 8.28 and elsewhere in the TMC (as amended by this ordinance), streamline the City's specifications of costs it may recover for enforcement, and streamline the City's appeal, hearing, and decision processes for notices of violations issues and notices of cost recovery issued under Chapter 9.28 consistent with and incorporating the procedures for the same from Chapter 8.28 (as amended by this ordinance).

The proposed amendments for TMC sections 8.28.060 (proceedings under Chapter on Property Maintenance), 8.32.020 (proceedings under Chapter on Weeds and Rubbish), and 10.24.100 (proceedings under Chapter on Abandoned or lnoperative Vehicles) authorize the City to issue subpoenas for the attendance of a witness or production of documents in any action or proceeding before it consistent with the authorization for such authority in Government Code section 37104 to enable the City to ensure key evidence is provided at its proceedings before it.

RECOMMENDATION

ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPT UPDATING, CONSOLIOATING, AND STREAiILINING SELECTED PROVISIONS OF THE TEHACHAPI MUNICIPAL CODE (..TMC") TO COMPLY WITH RECENT STATE LAW ENACTMENTS AND PROVIDE FOR MORE EFFICIENT

ENFORCETIENT OF CODE VIOLATIONS

Page 3 of 3 ends

(]ftOF
I.tCAI DtPARruENT
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI UPDATING, CONSOLtDAT|NG, AND STREAMUNTNG SETECTED
PROVTSTONS OF THE TEHACHAP! MUNtCtpAL CODE (',TMc',l TO

COMPTY WITH RECENT STATE LAW ENACTMENTS AND PROVIDE
FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOI.ATIONS
WHEREAS, California Constitution, article Xl, section 7, authorizes the City of Tehachapi ("City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws.

WHEREAS, Government Code section 53069.a(aX1) authorizes the City to make any violation of its ordinances subject to an administrative fine or penalty and to set forth procedures for the imposition, enforcement, collection, and review of such administrative fine or penalty and the City Council desires to streamline and clarify its fine and penalty provisions for greater transparency and options in enforcement.

WHEREAS, Government Code section 371O4 enables a legislative body to issue subpoenas for the attendance of a witness or production of documents in any action or proceeding before it and the City Council has determined to include such provisions in the TMC to ensure key witnesses and evidence will be present for proceedings before it; WHEREAS, recent California Assembly Bill 2598-codified in Government Code section 36900(d)-requires any city levying a fine for second and third violation under Government Code 36900(bX2),(3) and (cX2),(3) to establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

WHEREAS, Government Code sections 38777,38773,38773.7,37773.5 and other laws authorize the City to enact regulations on nuisance abatement, including what constitutes a public nuisance, enforcement, and cost recovery, and as a result, the City Council desires to consolidate, streamline, and clarify its regulations for public nuisances to ensure a more efficient and clear approach to nuisance abatement in the City;
WHEREAS, Government Code section 39501 and 39502 authorizes the City to enact regulations for the removal obstructions as well as weeds, rubbish, or other material and relatedly provide for the costs of removal a lien, the City already has existing regulations in place, thus, as a result, the City Council has determined to update those regulations to streamline and clarify them to ensure a more efficient and consolidated approach to weed and rubbish abatement;
WHEREAS, relatedly, the City Council determined to also streamline its regulations relating to the removal of abandoned or inoperable vehicles given the often overlap of 1 cmtr

I,ECALDEARWNT
enforcement with public nuisance and weed and rubbish abatement to ensure a more efficient and consolidated approach to enforcement for ease of enforcement and transparency and clarity for the public.

WHEREAS, recent California Assembly Bill 2485-codified in Health and Safety Code section 26250-restricts potentially financially interested third parties from being present during inspections of commercial properties, and as a result, the City Council has determined to make such clarification and other related clarifications in the TMC to ensure transparency in its inspections and inspection processes;
WHEREAS, the City Council has determined to clarify and streamline administrative appeal procedures available to the public under the TMC to ensure consistency, transparency, and clear due process protections across various TMC provisions for administrative appeals, including determinations relating to abatements for nuisances, weed and rubbish, and inoperative vehicles;
WHEREAS, the City Council has determined to clarify and streamline the cumulative remedies available to it under the law for applicable TMC, State, and Federal laws it is empowered to enforce to ensure consistency and transparency across the TMC's various provisions for penalties, enforcement, or otherwise remedies; WHEREAS, in light of recent state enactments as well as recent efforts to ensure more efficient enforcement of the TMC and other laws to promote public health, safety, and welfare, which the City is empowered to enforce, the City Council has identified amendments, adoptions, and/or deletions to be made to the TMC relating to penalties pertaining to code violations; hardship waiver for administrative fines; streamlining regulations for public nuisances abatement, weed and rubbish abatement, and abandoned or inoperative vehicle removals; regulations on the City's legislative body's authority to issue subpoenas; cumulative remedies for enforcement of laws; restrictions on potential financially interested third parties at commercial inspections; and other related provisions;
NOW, THEREFORE, THE CITY COUNCII OF THE C|TY OF TEHACHAPT DOES ORDATN AS FOLLOWS:

SECTION 2. TMC section 1.20.010, Subsection D is hereby amended and Subsections E-H are hereby added as follows:

D. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars for a first violation

2. A fine not exceeding seven hundred dollars for a second violation of the same ordinance within one year.
2 SECIION 1. The above recitals are true and correct and are incorporated herein. (tnoI
I F(iAI I)fARilftT

3. A fine not exceeding one thousand three hundred dollars for each additional violation of the same ordinance within one year of the first violation.

4. A fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

For fines issued under C.7, C.2, D.2, D.3, and D.4 of this Section, the process in Subsection E for considering a hardship waiver to reduce the fine applies. For fines under Subsection D, the city may change those amounts as needed by resolution of the City Council.

E. Hardship Waiver for Fines.

1. When the City imposes a second or third fine pursuant to Section 1.20.010C.1 or C.2, any person who has made a bona fide effort to comply after the first violation and who would suffer an undue financial burden if required to pay the full amount of a second or third fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting the City-approved application form for a fine hardship waiver (hereafter the "fine hardship waiver"). This fine hardship waiver form and all required accompanying records must be submitted within 20 days of issuance of the fine to the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561.

2. To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the person's bona fide effort to comply after the first violation and substantiation on the person's suffering of an undue financial burden if required to pay the full amount of the fine imposed.

Documents suitable for consideration demonstrating the person's bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made.

Documents suitable for consideration demonstrating the person's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for L2 months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person's fine hardship waiver application, the City will destroy 3 OfrOT
I,H(;AI,I)EPARilENT
the documents submitted by a person's for a fine hardship waiver without prior notice to the person.

3. The City via the Chief of Police or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail.

4. lf the City determines that the person is not entitled to a fine hardship waiver, the person shall make payment of the full fine with the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561 within 20 calendar days from the issuance date of the fine, and if that deadline has already passed when the City makes its decision, within 7 calendar days of the date the decision is deposited with the U.S. Postal Service. lf the City determines that the person is entitled to a fine hardship waiver, the person shall make payment of the revised fine amount with the Tehachapi Police Department, 220 West C Street, Tehachapi, CA 93561 within seven calendar days of the date the decision is deposited with the U.S. Postal Service or deadline stated in the written decision if a deadline is noted in the decision. ln the event the Tehachapi Police Department does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shallaccrue interest at the rate set forth therein by the City Council; and (2) the City may take further action to ensure payment as provided by law.

F. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city of Tehachapi is committed, continued or permitted by any such person, and he shall be punishable accordingly.

G. The violation of any of the provisions of this code or any city ordinance, including adopted and uniform codes, as well as State and Federal law that may be enforced by the city, constitutes a nuisance, and may be abated by the city through all legal means available, including but not limited to the civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

H. Attorney's Fees. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. ln no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. The city shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the city expires, and also when the city's enforcement action was a cause or catalyst for compliance. The failure of a court 4 ctn oF
If,[AI, DPARruTM
to award attorneys' fees to the city shall not preclude the city from recovering its attorneys' fees and costs administratively or through another process as provided by law. A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code or other codes, as specified herein, even if the violation is ultimately corrected by the violator.

SECTION 3. TMC section 15.O4.LzO, Subsection A is hereby amended as follows:

A. Any person who violates, or who causes, permits, or allows the violation of any provision of the Code of Building Regulations (including codes which have been adopted by reference) is guilty of a separate offense for each day or portion thereof he permits, causes, or allows the violation to continue. The city building inspection department, in enforcing the Code of Building Regulations, as set out in the Code of Building Regulations, may cause criminal complaints to be issued for the violation of any section of the Code of Building Regulations, including any of the codes adopted by reference herein. lt is the intent of this section to make a violation of any section of the Code of Building Regulations, and any of the codes adopted by reference, a misdemeanor. However, if any officer described in Section 1.16.010.A determines to cause administrative citations and related fines to issue for the violation of any section of the Code of Building Regulations pursuant to Section 1.16.065, it is the intent of this section to make such violation an infraction punishable under Section 1.20.010D.

SECTION 4. TMC section 8.28.010, Subsections A, C, E, are hereby amended and Subsections O-R are hereby added as follows:

A. Any building or structure which has been:

1. Destroyed, partially destroyed or left in an unreasonable state of partial construction. For purposes of this chapter, "left in an unreasonable state of partial construction" means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 15 of this code, where the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood.

2. Abandoned or left vacant for a period of time such that the property has become a blight to the community or poses an attractant for crime or trespassing. 5 CITOT
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Any broken window, doorway, or wall constituting a hazardous condition, as determined by the city, or facilitating trespass or mischief, or enabling entrance by vagrants, criminals, or others otherwise not permitted to enter the property, Any building exterior, including walls, stucco, fascia, roof and roof membranes, siding, walls, lighting fixtures, and patio structures, fence, driveway, sidewalk or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the im mediate neighborhood.
o. Any attempt to "board up" a property as a corrective measure to a Code of Building Regulations violation.

Any condition, item, persons, or otherwise any situation on any property making, causing, or continuing to make or cause loud, excessive, impulsive, or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.

A. Any person found upon any property under the influence of any intoxicating liquor, drug, controlled substance, toluene, or any combination of such substances that annoys or disturbs persons of ordinary sensibilities.

R Any violations of this code, uniform or adopted codes, violations of any other law that the city may enforce, including any applicable State or Federal law, and violations of any of the city's conditions of approval and permits relating to the property or businesses operating on the property.

SECTION 5. TMC section 8.28.020 is hereby amended as follows All or any part of premises found to constitute a public nuisance as defined in this Chapter, other provisions of this code, or other applicable law on public nuisance the city may enforce, including State law, may be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this Chapter. "Boarding-up" a building or unit will not satisfy a notice of violation, notice and order, or administrative citation issued by an official pursuant to Sections

15.04.101 and 15.04.102. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
c.

P
6 SECTTON 5. TMC section 8.28.030 is hereby amended as follows:

8.28.030 - Duty of owner to prevent and abate public nuisances and other responsible parties.

The following persons shall be responsible to prevent and abate public nuisances on properties within the city: (i) any person or entity that causes, maintains, permits, or allows a violation of this Chapter; (ii) any person or entity that owns, possesses, or controls any parcel or real property in the city upon which a violation of this Chapter is maintained; and (iii) any trustee of any trust that holds legal title to any parcel or real property in the city upon which a violation of this Chapter is maintained. lt shall be and remain the ultimate duty of the owner of any property within the city to prevent and abate public nuisances on such property. "Owner," as used in this chapter, means any persons shown as owner(s) on the last equalized property tax assessment rolls.

SECTION 7. TMC section 8.28.040 is hereby amended as follows:

8.28.040 - tnvestigation and abatement of nuisances; Notice And Demand For Abatement.

A. lnvestigation and Report. ln addition to the enforcement officers identified in Section 1.15.010.A, the following officers and employees have the authority to investigate public nuisances: city manager, public works director, police chief and fire chiel building inspector, community service officer, animal control officer and any other person delegated such authority by any of the above or those in Section 1.15.010.A and all shall be referred to as "enforcement official". The enforcement official shall investigate any public nuisance, the property on which it is located, the identity of the owner or person in control of such property, or the identity of the person or entity, or agent thereof, and cause such nuisance to be abated. The enforcement official is authorized to make inspections and take such actions as may be required by this Chapter to abate nuisances. The city may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect.

No person attending any inspection of a commercial property shall have a financial interest, actual or potential, in the outcome of the inspection, as defined by State Law. The enforcement official shall prepare a report containing the information obtained by the investigation of this Section.

B. Notice and Demand for Abatement. Any person who permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance shall be allowed ten calendar days from the date of written notice to abate said public nuisance. Such notice shall be given by the enforcement official, or his or her designee, and shall be in substantially the following form:

NOTICE AND DEMAND FOR ABATEMENT
1 I ICAL DEPARTMINT
CIryOF
I.FCAI I)I]'ARIMINT
Please take notice that the City of Tehachapi requires you to abate the public nuisance located at [insert address]. lf you fail to remove said public nuisance within ten calendar days from the date of this notice, the City of Tehachapi shall proceed to abate and remove said public nuisance and shall require you to pay the costs of said abatement. The City may cause such costs to become liens and special assessment against your property, and will recover from you the costs for recording and collecting same.

You have ten days from the date of this notice to appeal this demand to the City Manager. Failure to appeal within ten days constitutes a waiver of your right to appeal.

This notice is given without prejudice to any other right or remedy which the City may have by reason of the illegal maintenance of any public nuisance.

SECTION 8. TMC section 8.28.050 is hereby amended as follows:

8.28.050 - Service.

Whenever any document, notice, or Notice and Demand for Abatement is required to be served under this Chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

L. Personal service to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this code exists.

2. For any parties that reside at, or occupy, the property upon which the at issue nuisance(s) exists, by posting in a conspicuous place on said property.

3. For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

4. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

Service by mail shall be deemed effective upon deposit in the mail. Service by posting shall be deemed effective at the time of posting. The failure of any party, or any other person with a legal or equitable interest in the property upon which a violation of this code exists, to receive any notice or administrative citation served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice.

SECTION 9. TMC section 8.28.060 is hereby amended as follows:

B
CINOF
I I]CAI I)F]'ARTMINT

8.28.060 - Appeal; Administrative Hearing; Decision.

A. Appeal Procedures.

7. Any person issued a notice and demand for abatement may contest the validity of the violations found in the notice and demand for abatement by filing an appeal with the Office of the City Manager on a city-approved hearing request form within 10 days from the date of service of the notice and demand for abatement setting forth the grounds for the challenge to the validity of the violations found in the notice and demand for abatement. A hearing request form may be obtained from the Tehachapi Police Department or on the City's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.

2. lf an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer.

3. lf a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the Office of the City Manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the notice and demand for abatement and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

4. The enforcement officer andf or relevant city departments may submit a written report concerning the validity of the violations found in the notice and demand for abatement to the hearing officer for consideration. lf an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and person who sought the appeal. lf a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and person who sought the appeal.

5. Failure by any person issued a notice and demand for abatement to timely and properly appeal a notice and demand for abatement as 9 (tryof
I,E(;AI I)F]'ARruINT
10 provided in this Section shall constitute an admission by the person to the existence of the cited violations, an admission by the person to that party's liability for the cited violations, a waiver of the person's right to contest the notice and demand for abatement, and a failure by the person to exhaust that person's administrative remedies. The notice and demand for abatement shall be deemed final if no timely or proper appeal is made and the city may then abate any condition found to be a public nuisance as provided in the notice and demand for abatement.

6. lf a person to whom a notice and demand for abatement is issued fails to timely and properly appeal a notice and demand for abatement in accordance with this Section, the city may withhold permits, licenses, and other approvals related to the property upon which a violation of this code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

B. Administrative Hearing Procedures.
t. An in-person hearing before a hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that a timely and proper appeal is submitted in accordance with the provisions of this Section. This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice and demand for abatement, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

2. lf the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited violations, an admission by the person to that person's liability for the cited violations, a waiver of the person's right to contest the notice and demand for abatement, and a failure by the person to exhaust that person's administrative remedies. The notice and demand for abatement shall be deemed final in such case.

3. lf an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the person that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice and demand for abatement or the hearing officer's decision.
on ot

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11 4. lf a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within 30 days of receipt.

Within those 30 days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice and demand for abatement or the hearing officer's decision.

5. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The notice and demand for abatement, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O.

C. Hearing Officer and Decision

1. The City Manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this Section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

2. Not later than 30 days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than 30 days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested notice and demand for abatement and order the abatement of the nuisances described in the notice and demand for abatement along with a deadline for when the abatement must be commenced and completed by the person who permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance. Failure by the hearing officer to strictly comply with this CROF
BACHfI

8.28.08(F Record of costs of abatement.
72 provision shall not invalidate the notice and demand for abatement or the decision.

3. The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing person and the owner of the property subject to the notice and demand for abatement, if not the appealing person, and the enforcement officer who issued the notice and demand for abatement. The decision shall be final.

Failure to receive the decision shall not invalidate the notice and demand for abatement or the decision.

4. The final decision is subject to appeal under Code of Civil Procedure Section 1094.6 and the provisions thereunder. lf a party fails to timely file a notice of appeal under Section 7094.6, the hearing officer's decision shall be final, that party's right to appeal shall be deemed waived and terminated, and the city may then abate any condition found to be a nuisance.

SECTION 10. TMC section 8.28.070 is hereby amended as follows:

8.28.070 - Abatement After Notice and Demand For Abatement And/Or Decision On Appeal Any person, after receiving a notice and demand for abatement or after service of a decision on such person's appeal on a notice and demand for abatement that orders abatement, shall have the right and duty to have the property subject to the notice and demand for abatement rehabilitated and all identified nuisances thereon abated, at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the notice and demand for abatement or decision, as the case may be. Upon such abatement in full by said person, proceedings under this chapter shall terminate. lf any identified nuisances on said property are not completely abated by the said person as directed within the designated period of abatement, the City Manager or his or her designee, is authorized and directed to cause the same to be abated by city forces or private contract; and the City Manager or his or her designee and all other related agents related to the abatement are expressly authorized to enter the premises for such purpose. Upon request of the City Manager or his or her designee, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.

SECTION 11. TMC sections 8.28.080, 8.28.090, 8.28.110, 8.28.12O, 8.28.130, and

8.28.140 are hereby deleted in their entirety.

SECTION 12. TMC section 8.28.080 is hereby added as follows LECAL DEARftENT
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13 A. The City Manager or his or her designee shall keep an account of the cost (including incidental expenses) of abating such nuisance of each separate lot or parcel of land where the work is done, and shall serve an itemized report, in writing, showing the costs of abatement, including any rehabilitating, demolishing or repairing of the premises, building, or structures, including any salvage value relating thereto and incidental expenses-on the owners of the property abated. The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the city and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance as provided in the notice and demand for abatement. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under the same procedures of Section 8.28.060, but relating to whether the costs in the statement of costs are reasonable.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate a nuisance, whether the city causes abatement through civil, criminal, administrative or other action, in which case, the City shall be entitled to recover all costs of abatement, staffcosts, and administrative costs incurred bythe City. lt isthe intention of the City to provide for recovery of all costs of abatement to the maximum extent provided by law and expressly excluding costs of criminal nuisance abatement actions.

The City may recover such costs of abatement by any means authorized by law. "lncidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this chapter.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.

SECTION 13. TMC section 8.28.090 is hereby added as follows:

8.28.090 - Assessment of costs against property-Lien and Assessment.

The total cost for abating such nuisance, once final, shall constitute a lien or special assessment against the respective lot or parcel of land to which it relates.

A. Lien. Pursuant to California Government Code Sections 38773,38773.1., and 38773.5, and any successor statutes, persons failing to abate a nuisance as ordered pursuant to this Chapter shall be obligated to reimburse the City for all of the City's costs of abating the nuisance. A nuisance abatement lien in favor of the City for such expenses of the City shall be created and recorded if reimbursement is not made, pursuant to this Chapter.

The lien shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

B. Notice of Proposed Recordings. Prior to the recordation of the lien, an itemized notice of the lien amount and proposed recording shall be served on the property owner of record of the parcel of land on which the nuisance was abated by the City, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 475.LO, et seq. lf the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days, and publication thereof in a newspaper of general circulation published in the county in which the property is located. The notice of lien shall be in the form substantially as follows:

NOTICE OF LIEN
(Claim of City of Tehachapi)
Pursuant to the authority vested by the provisions of Chapter 8.28 of the Tehachapi Municipal Code, the City Manager of the City of Tehachapi (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the city incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under Chapter 8.28 and not having been paid nor any part thereof; and said City of Tehachapi does hereby claim a lien against the premises hereinafter described in the amount of S_ until this amount is paid in full and discharged of record.

Property Address
APN
Legal Description:

Dated this IDAY]_day of IMONTH], [YEAR]
City of Tehachapi
City Manager (or title of his duly authorized representative) I-HCAI, DI}ARilENT
74 ctil oF
I.reAI- D[fARfr}:NT
APN:
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15 C. Recording of nuisance abatement lien. lf the owner fails to pay the lien amount within 10 days of the notice, the city's nuisance abatement lien shall then be recorded in the Kern County recorde/s office, and from the date of recording shall have the force, effect, and priority of a judgment lien and may be collected in any manner provided by law for collection of judgment liens.

D. Special Assessment. The city's total costs described in this chapter may, as an alternative to lien procedure provided above, be collected as a special assessment against the lot or parcel on which the nuisance existed in accordance with California Government Code Section 38773.5.

E. Notice of Special Assessment. Prior to the special assessment, the city shall give notice to the owner, by certified mail, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

F. Recording of special assessment. The special assessment may be recorded against the lot or parcel on which the nuisance existed. The recording shall specify that the lot or parcel on which the nuisance existed may be sold after three years by the tax collector for the unpaid delinquent assessments. The notice of special assessment shall be in the form substa ntially as follows:

NOTICE OF SPECIAL ASSESSMENT
(Claim of City of Tehachapi)
Pursuant to the authority vested by the provisions of Chapter 8.28 of the Tehachapi Municipal Code, the City Manager of the City of Tehachapi (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the city incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under Chapter 8.28 and not having been paid nor any part thereof; and said City of Tehachapi does hereby claim a special assessment against the premises hereinafter described in the amount of S_ until this amount is paid in full and discharged of record.

The real property above mentioned, and upon which a special assessment is claimed, is that certain parcel of land lying and being within the City of Tehachapi, County of Kern, State of California, and more particularly described as follows:

Property Addre
Legal Description
Dated this IDAY]_day of IMONTH], [YEAR]
City of Tehachapi
City Manager (or title of his duly authorized representative) G. Satisfaction. ln the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien shall be recorded by the city.

H. Fees. Any fees or costs incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the City as part of its foreclosure action to enforce the lien.

Cumulative. This mechanism of cost recovery is intended to be cumulative and may be used in conjunction with or in lieu of each other remedy available to the city under the law.

SECTION 15. TMC section 8.28.110 is hereby added as follows:

8.28.110 - Alternative remedies.

Nothing in this chapter shall be deemed to supersede the provisions of Chapter 32 of this title or the provisions of the Uniform Code for the Abatement of Dangerous Buildings adopted by reference pursuant to Chapter 15.04 of this code, or any other action permitted by this code or other laws the city is authorized to enforce, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this Chapter. ln addition to the remedies available to the city under this Chapter, the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law. The city is authorized to file an action in a court of competent jurisdiction to enjoin any violation of this code, including this Chapter, or to collect the costs of abating any public nuisance as defined in this Chapter. ln any such action, the city may collect its reasonable costs, including staff costs, abatement costs and other incidental costs incurred by the city.
ctnots
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16 ctr oa
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71 SECTION 16. TMC section 8.28.720 is hereby added as follows:

8.28.120 - Violations.

A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this Chapter, or who violates a final order made pursuant to this Chapter is guilty of a misdemeanor.

B. Any occupant or lessee in possession of any such building, structure or premises who refuses to vacate the building, structure or premises, in accordance with an order given as provided in this Chapter, is guilty of a misdemeanor.

C. Any person who removes any notice or order posted as provided under this Chapter for the purpose of interfering with the enforcement of these provisions is guilty of a misdemeanor.

D. No person shall obstruct, impede or interfere with any representative of the city council or any representative of a city department or with any person who owns or holds any estate or interest in a building, structure or premises which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building, structure or premises has been lawfully sold pursuant to these provisions whenever any such representative of the city council, representative of the city, purchaser or persons having any interest or estate in such building structure or premises is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building, structure or premises pursuant to these provisions or in performing any necessary act preliminary to or incident to such work as authorized or directed in this Chapter.

E. Each day in which a violation of this Chapter occurs or continues shall constitute a separate and distinct offense and a continuing nuisance. The remedies provided herein are intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies.

SECTION 17. TMC section 8.28.130 is hereby added as follows

8.28.130 - Emergency abatement.

Notwithstanding any other provision of this code, whenever the City Manager or his or her designee, determines that a public nuisance, as defined in this Chapter or in any other applicable law from this code or otherwise, exists, and that such public nuisance constitutes an immediate threat, hazard or danger to persons or property, the City Manager or his or her designee, without observing the procedures set forth in this Chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the City Manager or his or her designee, determines is reasonably required. lf the City Manager or his or her designee, deems it feasible, the City Manager or his or her designee, shall attempt to

I,ICALDFAMENT
ctry or
LECAI I)hPARTINT
1B
give the owner and any occupants verbal notice of the existence of the public nuisance and the proposed timing and method of abatement thereof. The City Manager or his or her designee, shall, report such circumstances to the City Council after said abatement is completed. The city shall notify in writing the owner of the property upon which the public nuisance was located, the place or area upon which the public nuisance was abated by the city, and the cost of the abatement. Such notification shall be served in accordance with the service provisions of this Chapter and must also include conspicuously posting the notification on the property containing the abated nuisance in addition to one other method of service. The city may recover the costs of abatement as set forth in this Chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction for such emergency abatement or non-emergency abatement.

SECTION 18. TMC section 8.28.1.40 is hereby added as follows

8.28.140 - Abatement On Public Right Of Way.

The City Manager or his or her designee, may cause any public nuisance in the public right-of-way which creates an immediate peril to persons or property to be abated summarily and without notice and recover the costs of abatement thereof. The work of abatement of public nuisances in the public right-of-way may be done by city forces or by private contractors. The costs of abatement shall be borne by the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance in the public right-of-way and may be recovered by the City pursuant to Section 8.28.080, except notice is to be given to the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance in the public right-of-way as can be reasonably determined by the city and the costs are not to be a debt of the city's property. This authority is in addition to the city's other rights of enforcement, including but not limited to, Chapter 12.08.10f150.

SECTION 19. TMC section 8.28.150 is hereby added as follows

8.28.150 - Recovery of attorneys' fees.

The recovery of attorneys' fees is authorized for the City's nuisance abatement efforts as provided in Section 1.20.010H of this code.

SECTION 20. TMC section 8.28.160 is hereby added as follows:

8.28.150 - Treble costs.

Pursuant to California Government Code Section 38773.7, and any successor statutes, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, except conditions abated pursuant to Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement' CIfr OI

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SECTION 21. TMC section 8.60.030 is hereby amended as follows:

8.60.030 - Public nuisance.

Rummaging, exploring, scavenging, or otherwise searching a waste container is a violation of the provisions of this article and is hereby declared a public nuisance. Such public nuisance may be abated pursuant to Chapter 8.28 of this code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

SECTION 22. TMC section 6.08.110, subdivision A is hereby amended as follows:

6.08.110 - Barking dogs-Creating public nuisance prohibited.

A. lt is unlawful for any persons to own, keep, harbor, permit, allow, or otherwise maintain within the city any dog or any other animal which, by barking or any other means, disturbs the peace and quiet of one or more persons within the city, and such conduct on the part of any dog or other animal is hereby declared to be a public nuisance. Such public nuisance may be abated pursuant to Chapter

8.28 of this code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

SECTION 23. TMC section 12.08.090 is hereby amended as follows:

12.08.090 - Dangerous trees on private property-Abatement of nuisance.

A. Any tree or shrub growing on private property which is endangering, or in any way may endanger the security or usefulness of a public sewer, public street or other public place is declared to be a public nuisance. Such public nuisance may be abated pursuant to Chapter 8.28 of this code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

B. ln the event of an emergency, such trees or shrubs on private property may be trimmed or removed pursuant to the emergency abatement provisions of Chapter 8.28.

C. Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree or shrub upon his property or under his control in such condition as to prevent it from constituting a public nuisance as herein provided.
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20 SECTION 24. TMC section 05.04.510 is hereby amended as follows:

5.04.510 - Unlawful activities declared public nuisance-Abatement.

Any business or activity conducted or maintained contrary to the provisions of this chapter is, and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business or activity, and restrain and enjoin any person from operating, conducting or maintaining a business or activity contrary to the provisions of this chapter. Such authority includes but is not limited the city concurrently, separately, or consecutively utilizing other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065.

SECTION 25. TMC section 05.40.190 is hereby amended as follows:

5.40.190 - Unlawful operation declared nuisance, civil citation, and additional enforcement remedies.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter and state laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal, or enjoinment thereof, in the manner provided by law. The city attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any owner, operator, manager, massage therapist, or any other person from operating, conducting, or maintaining a massage establishment in the city. Such authority includes but is not limited the city concurrently, separately, or consecutively utilizing other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065.

SECIION 26. TMC section 08.20.020 is hereby amended as follows

8.20.020 - Causing health nuisances or dangerous obstructions prohibited-Abatement and additional remedies.

Any person who does any act, or causes, suffers or creates anything within the corporate limits of the city which is injurious to public health, or which prevents or obstructs the free and comfortable enjoyment of life or property, or is dangerous to surrounding property, is guilty of a nuisance and public nuisance, and a misdemeanor. The determination of what is injurious to public health, or which prevents or obstructs the free and comfortable enjoyment of life or property, or is dangerous to surrounding property will be made in accordance with the experience, expertise, and discretion of the building inspector and/or code enforcement officials. ln addition to the penalty provided by law against the person guilty of a nuisance, and whether the penalty is enforced or not, such nuisance may be abated by the city in accordance with the ctn ot
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27 nuisance abatement provisions of Chapter 8.28. The city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including administrative citations under Section 1. 16.065.

SECTION 27. fMC section 8.32.020 is hereby amended as follows:

8.32.020. - Failure to remove-Abatement notice; Appeal
Except as otherwise described herein, whenever the owner, lessee, occupant or person ("responsible parties") having charge or possession of any lot, place or area within the city fails, neglects, or refuses to cut, destroy or remove the weeds, rubbish or other materials described in Sections 8.32.010. A from the lot, place or area, it shall be the duty of the city's enforcement officers identified in Section 1.16.010.4 or the city manager, public works director, police chief and fire chiel building inspector, community service officer, animal control officer and any other person delegated such authority by any of the above or those in Section 1.16.010.A ("enforcement official") shall give written notice of such failure to comply with the provisions of this chapter to the responsible parties as shown in the most recent records maintained by the city. The following procedures apply:

A. Notice to Abate. The notice to the responsible parties shall:
f . identify the responsible parties for the weeds, rubbish or other materials described in Sections 8.32.010. A.

2. Describe the location of the weeds, rubbish or other materials described in Sections 8.32.010. A, and if possible, by identifying the Assessor's Parcel Number, commonly used street address giving the name or number of the street, road or highway and the number, if any, of the location.

3. Contain a statement identifying the weed, rubbish or other materials described in Sections 8.32.010. A and the work to be done to abate said weed, rubbish, or other materials.

4. Contain a notification that unless the work is done within ten days of the Notice, the enforcement official will cause such work to be done and that the costs and expenses will be charged to and made a lien upon the property.

5. Advise the responsible parties that they have ten days from the date of the Notice to appeal the Notice to the Office of the City Manager and that the failure to appeal within ten days constitutes a waiver of their right to appeal.

Notwithstanding the foregoing, if a property is in violation of the requirements of Subsection B of Section 8.32.010, the city council hereby declares the situation arising therefrom as an emergency situation and no written notice to the owner is required. (]fr()F
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B. Service. Whenever any document is required to be served under this Chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this code exists.

2. For any parties that reside at, or occupy, the property upon which the at issue nuisance(s) exists, by posting in a conspicuous place on said property.

4. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

C. Appeal Procedures.

Any person issued a notice to abate may contest the validity of the existence of weeds, rubbish or other materials described in the notice by filing an appeal with the Office of the City Manager on a city-approved hearing request form within 10 days from the date of service of the notice setting forth the grounds for the challenge to the notice. A hearing request form may be obtained from the Tehachapi Police Department or on the City's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.

2. lf an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least 10 days prior to the date of the administrative hearing.
lf a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission

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2. to the Office of the City Manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the existence of weeds, rubbish or other materials described in the notice and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the existence of weeds, rubbish or other materials described in the notice to the hearing officer for consideration. lf an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the inperson hearing and served upon the hearing officer and person who sought the appeal. lf a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and person who sought the appeal.

Failure by any person issued a notice to timely and properly appeal a notice to abate as provided in this Section shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final if no timely or proper appeal is made and the city may then abate the noted condition(s) as provided in the notice.
lf a person to whom a notice is issued fails to timely and properly appeal a notice in accordance with this Section, the city may withhold permits, licenses, and other approvals related to the property upon which the noted condition(s) in the notice exists until the noted condition(s) are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

D. Administrative Hearing Procedures.

An in-person hearing before a hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that a timely and proper appeal is submitted in accordance with the provisions of this Section. This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hea ring officer's decision.
lf the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final in such case.

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24 lf an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the person that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.
lf a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within 30 days of receipt. Within those 30 days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the existence of weeds, rubbish or other materials described in the notice by a preponderance of the evidence. The notice, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O.

E. Hearing Officer and Decision.

The City Manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this Section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the decision.

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25 The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing person and the owner of the property subject to the notice, if not the appealing person, and the enforcement officer who issued the notice. The decision shall be final.

Failure to receive the decision shall not invalidate the notice or the decision.

SECTION 28. TMC section 8.32.030 is hereby amended as follows

8.32.030. - Abatement by city; record of costs of abatement. lf the work is not done within the time stated in the notice required by Section

8.32.O2O and no proper and timely appeal is made, or after a hearing office/s decision order abatement is final, or if there is a violation of Subsection 8.32.01 B for which no notice is required, it shall be the duty of the city manager forthwith to proceed to have the work done and put the property in condition required by this chapter. The city clerk or his or her designee shall keep a record of the notices, and shall also keep a record of the work done on each lot, place or area and the cost of the work. The recording of costs of abatement shall be as follows:

A. The city clerk or his or her designee shall keep an account of the cost (including incidental expenses) of the abatement work done on each lot, place or area of land where the work is done, and shall serve an itemized report, in writing, showing the costs of abatement, on the owners of the property abated or owners of the adjacent property responsible for the condition(s) noted in the notice. The costs shall become a debt against said property.

Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under the same procedures of Section 8.32.020, but relating to whether the costs in the statement of costs are reasonable.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate weeds, rubbish or other materials described in the notice, in which case, the city shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the city. "lncidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this chapter.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.

SECTION 29. TMC section 8.32.050 is hereby amended as follows:

8.32.050 - Chapter provisions not exclusive.

This chapter is not the exclusive regulation of weeds, rubbish and other materials described in Section 8.32.010 within the city. ln addition to the remedies available to the city under this Chapter, the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil 3 ctiloI
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26 remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law. The city is authorized to file an action in a court of competent jurisdiction to enjoin any violation of this code, including this Chapter, or to collect the costs of abatement as defined in this Chapter. ln any such action, the city may collect its reasonable costs, including staff costs, abatement costs and other incidental costs incurred by the city.

SECTION 30. TMC section 10.24.050 is hereby amended as follows

10.24.050 - Enforcement-Right of entry.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the chief of police. ln the enforcement of this chapter, such officer and his deputies ("enforcement officer") may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

The city may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect.

SECTION 31. TMC section IO.24.O7O is hereby amended as follows:

LO.24.O7O - Removal-Costs of Abatement.

A. The Chief of Police or his or her designee shall keep an account of the cost (including incidental expenses) of abating such nuisance of removal of any vehicle or part thereof under this chapter, and shall serve an itemized report, in writing, showing the costs of abatement and incidental expenses on the owners of the property abated. The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the city and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance as provided in the ice of intention to abate and remove the vehicle under Section 10.23.080. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under this Chapter.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate a nuisance, whether the city causes abatement through civil, criminal, administrative or other action, in which case, the City shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the City. lt is the intention of the City to provide for recovery of all costs of abatement to the maximum extent provided by law and expressly excluding costs of criminal nuisance abatement actions.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.
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21 SECTION 32. TMC section 10.24.080 is hereby amended as follows

10.24.080 - Removal-Notice to owner required.

Not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by registered mail, to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership, or unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing, or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. However, for those inoperable vehicles located upon a parcel that is (a) zoned for agricultural use or (b) not improved with a residential structure containing one or more dwelling units, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the California Vehicle Code, and is determined by the Chief of Police or his or her deputies to be a public nuisance presenting an immediate threat to public health or safety; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the California Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered, the city shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from the location specified in Section 22662, final disposition may proceed.

SECTION 33. TMC section 10.24.090 is hereby amended as follows:

10.24.090 - Removal-hearing required when requested.

A. A hearing shall be held on the question of the existence of nuisances sought to be abated and removed as part of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of the removal of the vehicle or part thereof against the property on which it is located, upon the request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located made properly and timely pursuant to this Section.

B. This request for a hearing shall be made to the Office of the City Manager on a cityapproved hearing request form within 10 days from the date of service of the notice of intention to abate and remove the vehicle or statement of costs, as the case may be, setting forth the grounds for the challenge. A hearing request form may be obtained from the Tehachapi Police Department or on the City's website, available for download.

The request may be for an in-person hearing or a hearing by written declaration.

1. lf an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least 10 days prior to the date of the administrative hearing. cm of

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2. lf a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the Office of the City Manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the applicable question identified in Section

10.24.090.A and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

3. The enforcement officer andf or relevant city departments may submit a written report concerning the applicable question identified in Section 10.24.090.A to the hearing officer for consideration. lf an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and person who sought the appeal. lf a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and person who sought the appeal.

4. Failure by any person issued a notice to timely and properly appeal as provided in this Section shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited issues, a waiver of the person's right to contest the notice or statement of costs, as the case may be, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final if no timely or proper appeal is made and the city may then abate the noted condition(s) as provided in the notice or assess the costs as provided in the statement of costs.

5. lf a person to whom a notice is issued fails to timely and properly appeal a in accordance with this Section, the city may withhold permits, licenses, and other approvals related to the property upon which the noted condition(s) in the notice exists until the noted condition(s) are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

SECTION 34. TMC section 7O.24.7OO is hereby amended as follows:

10.24.100 - Appeal hearings, hearing officer, and decision; procedures.

A. Administrative Hearing Procedures.

1. An in-person hearing before a hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that a timely and proper appeal is submitted in accordance with the provisions of this Section.

This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

2. lf the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited issues, an admission by the person to that party's liability for the cited I
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issues, a waiver of the person's right to contest the notice, and a failure by the person to exhaust that person's administrative remedies. The notice shall be deemed final in such case.

4. lf a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within 30 days of receipt. Within those 30 days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer andf or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the hearing officer's decision.

5. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the existence of nuisances sought to be abated and removed or the assessment of the administrative costs and the cost of the removal of the vehicle or part thereof, as the case may be, by a preponderance of the evidence. The notice, statement of costs, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O.

B. Hearing Officer and Decision

1. The City Manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this Section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing office/s compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

2. Not later than 30 days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than 30 days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested notice and order the abatement of the condition(s) described in the notice along with a deadline for ctn tr
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30 when the abatement must be commenced and completed or uphold, modify, or dismiss the statement of costs, as the case may be. The order requiring removal shall include a description of the vehicle or part thereof, and the correct identification number of the vehicle, if available at the site. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice or the decision.

3. The decision shall set forth the reasons for the decision along with notice of the rightto appealand shall be served on the appealing person and the ownerof the property subject to the notice, if not the appealing person, and the enforcement officer who issued the notice. The decision shall be final. Failure to receive the decision shall not invalidate the notice or the decision.

SECTION 35. TMC section LO.24.LLO is hereby amended as follows:

10.24.110 - Removal-Time limits.

After the deadline to file an appeal of the notice of intention to abate and remove the vehicle under Section 10.24.090.8 expires without the filing of any appeal, after such notice is appealed and becomes final under Section 10.24.100.A.2, or after a hearing officer's decision is final under Section 10.24.100.8.4, the vehicles or parts thereof subject to the notice of intention to abate and remove the vehicle may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either a horseless carriage license plate, or historical vehicle license plate, pursuant to the California Vehicle Code, in which case the vehicle may be reconstructed or made operable.

SECTION 36. TMC section 1O.24.73O is hereby amended as follows:
lO.24.l3O - Removal-Costs made lien against land when.
lf the cost of abatement which are charged against the owner of a parcel of land pursuant toSection tO.24.7OO are not paid within thirty days of the date of the statement of costs, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

SECTION 37. TMC section 9.28.030, Subsection E is hereby amended to add the following Subsections 12 and 13 as follows:

9.28.030 - Definitions.

For the purpose of this Chapter, the following definitions shall apply:
ctfrot
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31 "Nuisance activity" means any of the following activities, behaviors, or conduct on or near a subject property whenever engaged in by property owners, operators, tenants, occupants, or persons associated with a property:

Making, causing, or continuing to make or cause loud, excessive, impulsive, or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.

Any person found under the influence of any intoxicating liquor, drug, controlled substance, toluene, or any combination of such substances.

SECTION 38. TMC section 9.28.050 is hereby amended as follows:

9.28.050 - Penalty.

A. Any violation of this Chapter is hereby declared to be unlawful and a public nuisance.

B. Any party who engages in a violation of this Chapter, or who owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this Chapter is maintained, shall be subject to the penalties and remedies provided by this Chapter.

C. Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists, or if applicable, for each and every occurrence of the violation in the same day when a Nuisance activity occurs and is a separate Verifiable event or was discovered as part of separate Nuisance service call.

D. Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to S1,oo0 and up to six months imprisonment per offense.

E. ln addition to any remedies authorized by this Chapter, a violation of any provision of this chapter may be subject to the enforcement and remedy provisions of Title 1, chapter 1.12, General Penalty, sections 1.12.010through

1.12.030 and any other applicable enforcement and remedy provisions provided under the law. Such authority includes but is not limited the city concurrently, separately, or consecutively utilizing other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065.

12. 13.
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32 SECTION 39. TMC section 9.28.080 is hereby amended as follows:

9.28.080 - Cost recovery.

A. When a notice of cost recovery has been served as set forth in Section 9.28.070, the owner of the property and any tenant shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly and severally responsible for payment of any and all costs associated with each successive nuisance service call within any twelve-month period. The cost of a response shall include, without limitation, the gross salaries, including all benefits and overhead paid to the responding employees of the Tehachapi Police Department, city administrative costs, the pro rata cost of all equipment, and the cost of repairs to any equipment or property owned by the City of Tehachapi that is damaged in responding to the nuisance service call.

B. The costs of the response shall be included in a statement of costs, which shall be prepared and served subject to the provisions of Sections 9.28.070. lf a statement of abatement costs or any associated fines are not timely paid, the city may cause a nuisance abatement lien to be recorded upon the property pursuant to the lien procedure of Chapter 8.28 of this code.

C. The procedures provided in this Chapter are in addition to all other procedures, remedies, and cost recovery options available to the city by law or in equity, including, but not limited to, those provided under Chapter 8.28 and Section 1.16.055.

SECTION 40. TMC section 9.28.100 is hereby amended as follows:

Any property owner or tenant may appeal, have a hearing on, and have a decision issued on a notice of violation or notice of cost recovery issued under this Chapter pursuant to the appeal, hearing, and decision procedures for a notice and demand for abatement and statement of costs, respectively, as set forth in Chapter 8.28.

SECTION 41. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Guidelines section 15061(bX3) in that the Ordinance alone does not have the potential for causing a significant effect on the environment.

SECTION 42. lf any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 43. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.
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33 INTRODUCED at a regular meeting of the City Council of the City of Tehachapi, California on the-- day of -------,2O2L.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi, California on the -- day of ------------, 2021, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

PHILIP A. SMITH, Mayor of
the City of Tehachapi, California
ATTEST:

TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California
Published:

TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY L8,2022 AGENDA SECTION: POIICE DEPARTMENT

APPROVED

OEPARTMENT H

CITY MANAGER
TO
FROM:

DATE:

SUBJECT:

HONORABTE MAYOR SMITH AND CITY COUNCIT MEMBERS

KENT KROEGER, POLICE CHIEF
JANUARY 4,2022
ADOPTION OF AN ORDINANCE REVISING, UPDATING, CONSOLIDAT!NG AND STREAMTINING

SELECTED PROVISIONS OF THE TEHACHAPI MUNICIPAT CODE TO COMPTY WITH RECENT

STATE TAW ENACTMENTS AND TO PROVIDE FOR MORE EFFICIENT ENFORCEMENT OF CODE

VIOTATIONS AND APPEATS

BACI(GROUND
The proposed ordinance will update, consolidate, streamline portions of the Tehachapi Municipal Code ("TMC") to ensure that it comports with recent State law enactments and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare. The amendments pertain to penalties for code violations, the City's legislative body's authority to issue subpoenas, grounds to issue, renew, and revoke permits, licenses, or other approvals, cumulative remedies for enforcement of laws, enforcement relating to graffiti violations; and other related provisions.

This ordinance will allow greater efficiency of the City of Tehachapi's code enforcement efforts, enhance transparency, clarity, and ease of reference for the public concerning the city's code enforcement authority and processes.

PROPOSAL
The addition of TMC section 2.O2.O4O is to authorize and provide the process for the City's legislative body to issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it consistent with the State law authority in Government Code section 37104. This ensures the City may provide for all necessary evidence for matters before it.

The proposed amendments to TMC section 1.16.065-the City's administrative citation and civil fine program-serve to clarify, streamline, and provide for enhanced due process. The amendments to Subdivision A add a clear definition of "responsible party" who may be issued an administrative citation and clarifies the method of fines per violation, how each day a violation persists is a separate offense and provide the deadline for fines to be paid. The amendments to Subdivision C clarify who may be issued an administrative citation. The amendments to Subdivision D provide the methods of service under Section 1.16.065 for clarity and consistency with other parts of the TMC. The amendments to Subdivision F provide greater clarity on the City's procedures for appealing an administrative citation-including the deadline and how such appeal shall be made, timing for notice of an-in person hearing before a neutral hearing officer, allowance for and procedures for a hearing by declaration, submission of report by the City for the hearing officer's and appellant's consideration and timing for same, and stay of fine if administrative citation appealed-procedures for the administrative hearing-including how the administrative hearing is to be conducted and the City's authority to issue subpoenas for the attendance of witnesses or production of evidence-the procedures for the selection of a neutral hearing officer, the deadlines for the hearing officer's written decision and contents of that decision, and further review rights of the appellant in the Superior Court. The amendments of Subdivision G on the fines applicable for administrative citation are intended to streamline those fines with the infraction amounts of TMC Section 1.20.010 and specifies key parameters relating to prior notice to be given before imposing a fine for Title 15 or Zoning Code violations in accordance with Government Code section 53069.a(aX2)(A) and the immediate imposition of fines relating to illegal cannabis cultivation in accordance with Government Code section 53059.a(aX2XB), (C). The proposed amendments to Subdivision M are to streamline the City's emergency abatement authority with that in Chapter 8.28. Finally, the proposed addition of Subdivision N is to clarify the City's alternative remedies for enforcement of violations of the TMC and other laws.

The proposed amendments to TMC sections 5.04.350 (business licensing) and 15.04.095 (permits/plan approvals) adds an additlonal basis for denial of approvals where an individual or entity maintains code violations at the property subject to the application or the individual or entity owes the City fines, fees, taxes, or other obligation. This is intended to ensure compliance with City laws and obligations and curb violations of law at businesses and other properties in the City. lt also serves as an additional enforcement mechanism for compliance with laws and obligations owing the City.

The proposed amendments to TMC sections 5.04.430 (appeals relating to business licensing permit determinations) and

12.08.180 (appeals relating to trees and shrubs acts/determinations) streamline the City's appeal processes in these areas to be consistent with TMC section 1.16.065 (as amended by this ordinance) and other parts of the TMC, including the procedures for conducting an administrative hearing and the City's provision of records in advance of the hearing.

The proposed amendments to TMC Chapter 9.10 on graffiti offenses are to ensure consistency with Government Code sections 38771 and 38772 and enhance the City's enforcement authority consistent with the law. For example, the proposed amendments to TMC sections 9.10.010 and 9.10.050 declare graffiti a nuisance and section 9.10.010 expresses the City's intent to recover costs associated with graffiti abatement in line with Government Code section 38773.2 or 38773.6. The proposed amendment to TMC sectaon 9.10.020 adds the definition of a "minor" consistent with Government Code section 38772. The proposed addition of TMC section 9.10.070 provides the Government Code section 38772 joint and several liability of a minor's parents or guardian for the minor's defacement of property, not to exceed 545,000 as currently provided by the California Judicial Council or future amount it sets.

Page 2 of 3 ends

Furthermore, the addition of proposed TMC sections 9.10.080-110 provide for remediation of graffiti, penalties, and recovery of costs consistent with State law. Proposed section 9.10.080 requires property owners' abatement of graffiti on their property and if the owner fails to do so, authorizes the City to conduct enforcement measures, including nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065. Proposed TMC section 9.10.090 specifies when and how the City may remove graffiti on private property and reaffirms the City's additional remedies.

Proposed TMC section 9.10.100 details the penalties of a violation of this Chapter, including criminal penalties, joint and several liability of parents and guardians, and alternative remedies available to the City. Proposed TMC section 9.10.110 authorizes the City to make a lien or special assessment against the property of a parent or guardian who has custody of a minor who defaced property if the City was forced to incur the expense of abatement for such defacement. This Section provides the costs recoverable, including court costs, attorney's fees, cost or removalof the graffiti, law enforcement costs to apprehend the minor.

RECOMMENDATION

ADOPT AN ORDINANCE OF THE CITY COUNCTL OF THE CIW OF TEHACHAPI UPDATING, CONSOLIDATING, AND STREAMLINING SETECTED PROVTSTONS OF THE TEHACHAPT MUNrCtpAt COOE ("TMC") TO COMpry WrrH RECENT STATE LAW ENACTMENTS A]{D PROVIDE FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOTATIONS

Page 3 of 3 ends

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAP! UPDAT|NG, CONSOL|DATING, AND STREAMUNTNG SETECTED
PROVTSTONS OF THE TEHACHAP| MUNtCtpAt CODE ("TMC") TO

COMPTY WITH RECENT STATE LAW ENACTMENTS AND PROVIDE

FOR MORE EFFICIENT ENFORCEMENT OF CODE VIOTATIONS
WHEREAS, California Constitution, article Xl, section 7, authorizes the City of Tehachapi ("City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws.

WHEREAS, Government Code section 37704 enables a legislative body to issue subpoenas for the attendance of a witness or production of documents in any action or proceeding before it and the City Council has determined to include such provisions in the TMC to ensure key witnesses and evidence will be present for proceedings before it; WHEREAS, Government Code section 53069.4(aX1) authorizes the City to make any violation of its ordinances subject to an administrative fine or penalty and to set forth procedures for the imposition, enforcement, collection, and review of such administrative fine or penalty and the City desires to streamline and clarify its fine and penalty provisions for greater transparency and options in enforcement.

WHEREAS, the City has determined to update the grounds under which it may issue, renew, and revoke permits, licenses, or other approvals it offers in the TMC to ensure the City may withhold such approvals, if need be, to applicants who are in violation of the law or owing fees or fines to the City to ensure equity and fairness to the public who otherwise suffer from such violations of law or lack of public funding due to outstanding debt owed to the City; WHEREAS, California Government Code Section 3877L authorizes the City to declare what constitutes a nuisance, Section 53069.3 further authorizes the City, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property, and Section 38772 authorizes the city to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Section 38773.2 or 38773.6, and the City thus desires to clarify and update its existing regulations in the TMC concerning graffiti abatement; WHEREAS, the City Council has determined to clarify and streamline the cumulative remedies available to it under the law for applicable TMC, State, and Federal laws it is empowered to enforce to ensure consistency and transparency across the TMC's various provisions for penalties, enforcement, or otherwise remedies; 1 ctil or

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WHEREAS, the City Council has determined to clarify and streamline administrative appeal procedures available to the public under the TMC to ensure consistency, transparency, and clear due process protections across various TMC provisions for administrative appeals, including administrative citation appeals under Section 1.16.065, business license related appeals under Chapter 5.04, and tree and shrub abatement appeals under Chapter 72.08; WHEREAS, in light of recent state enactments as well as recent efforts to ensure more efficient enforcement of the TMC and other laws to promote public health, safety, and welfare, which the City is empowered to enforce, the City Council has identified amendments, adoptions, and/or deletions to be made to the TMC relating to penalties pertaining to code violations; regulations on the City's legislative body's authority to issue subpoenas; grounds to issue, renew, and revoke permits, licenses, or other approvals; cumulative remedies for enforcement of laws; civil damages relating to graffiti violations; and other related provisions.

NOW, THEREFORE, THE CIW COUNCIT OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. TMC section 2.O2.O4O is hereby added as follows

2.O2.O4O,. Su bpoena Power.

Pursuant to Government Code section 37tO4, et seq., the legislative body may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it and the subpoenas shall be signed by the Mayor and attested by the City Clerk.

SECTION 3. TMC section 1.16.065 is hereby amended as follows:

The council finds that there is a need for an alternative method of enforcement of violations of the municipal code and other laws the city is authorized to enforce. The council further finds and declares that an appropriate method for enforcement for violations of the code is the following administrative citation and civil fine program.

A. Administrative Citation. Any person violating any provision of the code or other law the city is authorized to enforce may be issued an administrative citation by any officer described in Section 1.16.010.A and as provided therein. As used in this section, the term "enforcement officer" shall refer to those officers described in Section 1.16.0L0.A. For purposes of this section, "responsible party" or "responsible parties" shall refer to: (i) any person or entity that causes, maintains, permits, or allows a violation of this code; (ii) any person or entity that owns, possesses, or controls any parcel or real property in the city upon which a violation of this code is maintained; and (iii) any trustee of any trust that holds legal title to any parcel or real property in the city upon which a violation of this code is maintained. 2 cnot
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t. A separate civil fine for each violation of the code may be assessed by means of one administrative citation.
ii. Each day a violation persists is a separate offense Administrative fines shall be paid to the City within 21 days from the date of service of the administrative citation, unless an appeal is timely and properly requested as provided in Section 1.16.065.F. lf a timely and proper appeal is requested, payment of the administrative fines is governed by Section

1.16.065.F.

Contents. Upon discovering or observing any violation of the municipal code or other law the city is authorized to enforce, an enforcement officer may issue an administrative citation, in a form approved by the city manager and city attorney, to the responsible party or responsible parties, with the following contents:

1. Date and location of the violation(s), including the street address, if any, and the approximate time the violation(s) were observed;

2. Section(s) of the code violated and brief description of how the section(s) are violated; if the citation is for a violation of the Code of Building Regulations set forth in Chapter 15.04, the citation shall include a statement specifying the behaviors or conditions which constitute the violation;

3. Description of the action required to correct the violation(s), if applicable; and if applicable, the date by which the violation must be corrected;

4. Order to the responsible party to report to the issuing enforcement officer when each cited violation is cured, along with the responsible party's necessary contact information for the enforcement officer to verify;

5. Statement explaining the consequences of failure to correct the violation(s), including the city pursuing additional enforcement action under the code to obtain compliance;

6. Amount of fine imposed for the violation(s) as set forth in Section 1.16.065.G with explanation of how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine;

7. Right to contest the validity of the violations found in the administrative citation with reference to the appeal process under this section and the name and address of the city manager for purposes of filing any notice of appeal; and B.
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E. Reserved
c.

8. Signature of the enforcement officer
lssuance. The enforcement officer shall attempt to issue the citation to the responsible party for any violation of this code. For purposes of issuance of a citation to an entity, the citation may be issued to the person in immediate control of the entity on site at the time of the issuance of the administrative citation and fine (as determined by the enforcement officer's observation), the person or entity registered as the agent for service of process of the entity through the California Secretary of State, or the registered agent of the entity on file with the City if the entity has a business license with the city, as the case may be.

Service. Whenever any document, notice, or administrative citation is required to be served under this section, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service on the party

2. First-class or certified mail to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this code exists.

3. For any parties that reside at, or occupy, the property upon which a violation of this code exists, by posting in a conspicuous place on said property.

4. For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

5. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

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F. Appeal; Administrative Hearing; Decision
L. Appeal Procedures.
iv
il.

Any responsible party issued an administrative citation may contest the validity of the violations found in the administrative citation by filing an appeal with the Office of the City Manager on a city-approved hearing request form within 15 days from the date of service of the administrative citation setting forth the grounds for the challenge to the validity of the violations found in the administrative citation. A hearing request form may be obtained from the Tehachapi Police Department or on the City's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.
lf an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer.

The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least 10 days prior to the date of the administrative hearing.
lf a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the Office of the City Manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the administrative citation and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

The enforcement officer andfor relevant city departments may submit a written report concerning the validity of the violations found in the administrative citation to the hearing officer for consideration. lf an inperson hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and responsible party who sought the appeal. lf a hearing by written declaration is requested, then the report may be submitted to the hearing officer within 30 days of the hearing request and served upon the hearing officer and responsible party who sought the appeal.

Failure by any responsible party to timely and properly appeal an administrative citation as provided in this Section shall constitute an admission by the responsible party to the existence of the cited ilt
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violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final if no timely or proper appeal is made, and any such imposed fines shall be immediately payable.
lf a responsible party to which an administrative citation is issued fails to timely and properly appeal an administrative citation in accordance with this Section, the city may withhold permits, licenses, and other approvals related to the property upon which a violation of this code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.
vii Upon the timely and proper appeal of an administrative citation, the administrative fines assessed in connection with that administrative citation shall be stayed pending the decision on the appeal.

A. Administrative Hearing Procedures
An in-person hearing before a hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that a timely and proper appeal is submitted in accordance with the provisions of this Section. This timeframe may be extended by necessity by the city or the hearing officer or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the administrative citation, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision. lf the responsible party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final in such case and any such imposed fines shall be immediately payable.
lf an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the responsible party that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within 30 days from the date all necessary briefing VI
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and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hea ring officer's decision.
lf a hearing by written declaration is requested, the hearing officer shall review the responsible party's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within 30 days of receipt. Within those 30 days, the hearing officer may request additional briefing or evidence from the responsible party and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within 30 days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the hearing officer's decision.

Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The administrative citation, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O.

B. Hearing Officer and Decision.
iv
v
t. The City Manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this Section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

Not later than 30 days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than 30 days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested administrative citation. Failure by the hearing officer to il
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strictly comply with this provision shall not invalidate the administrative citation or the decision.
ilt. The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing responsible party and the enforcement officer. The decision shall be final. Failure to receive the decision shall not invalidate the administrative citation or the decision.
iv All upheld and awarded administrative fines shall be paid by the responsible parties to the city within 30 days from the date the decision is served.

Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the decision, any party to the hearing may seek review of the decision by filing an appeal with the Superior Court of the State of California for the County of Kern, in accordance with Government Code section 53069.4, subdivision (d). That party shall serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. lf a party fails to timely file a notice of appeal, the hearing officer's decision shall be final and that party's right to appeal shall be deemed waived and terminated.

VI Once the appeal period has expired, the City may file an action in the Superior Court of the State of California for the County of Kern to have the Decision confirmed as a judgment.

Fine. Except as otherwise set forth in this code, the fines imposed pursuant to this Section 1.16.060 are governed by the infraction amounts of Section 1.20.010.C and 1.20.010.D.

When a violation at issue in an administrative citation pertains to any violation of Title 15 (Buildings and construction) or the city's designated Zoning code, that does not create an immediate danger to health or safety, the administrative citation shall provide a reasonable period of time, not longer than thirty (30) days, to the responsible party(ies) to correct or otherwise remedy the violation prior to the imposition of administrative fines.

The administrative citation may provide for the immediate imposition of administrative fines for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis; however, the administrative citation shall provide a reasonable period of time, not longer than thirty (30) days, for the correction or remediation of the violation prior to the imposition of administrative fines if: (i) a tenant is in possession of the property V
G
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that is the subject of the administrative action; (ii) the rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and (iii) the rental property owner or agency did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

Failure to Correct. lf the responsible party fails to correct the violation within the time specified on the citation, a second citation may be issued for the same violation due to the failure of the responsible party to correct the violation. The fine for the second violation would be governed by subsection G. The city may choose institute other applicable action permissible under this code to gain compliance.

Payment of Fine Without Correction of Violation. Payment of any fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. The failure of any person to pay any fine assessed by administrative citation within the time specified on the administrative citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be ten percent of the total amount of the civil fine due and owing.

Collection of Fine. The city shall collect delinquent and late fees and fines though the following lien procedure:

J
The total amount of delinquent and late fees and fine still owed shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien against the property for the amount of such assessment.

After such confirmation and recordation, a certified copy of such decision shall be sent to the appropriate county official to add the amounts of the respective assessment to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amount shall be collected at the same time and in the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes and assessments.

2. Such notice of lien for recordation shall be in the form substantially as follows:
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M
10 NOTICE OF LIEN
(Claim of City of Tehachapi)
Pursuant to the authority vested by the provisions of Chapter 15.04 of the Tehachapi Municipal Code, the City Administrator of the City of Tehachapi (or his designated representative) did, on or about, 20, issue an administrative citation (Section 1.06.065) for violation of the Code of Building Regulations. Payment of such citation was due on the _ day of 20- and the same has not been paid nor any part thereof; and said City of Tehachapidoes hereby claim a lien on such citation in the amount of said assessment, to wit: The sum of S_; and the same shall be in a lien upon said real property until the same has been paid in full and discharged of record.

The real property above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being within the City of Tehachapi, County of Kern, State of California, and more particularly described as follows:
(Legal description)
APN
Dated this _ day of _,19_
City of Tehachapi
City Manager (or title of his duly authorized representative) Authority to lssue Administrative Citation. ln addition to the enforcement officers identified in Section 1.16.010.A, the following officers and employees have the authority to issue administrative citations and civil fines: planning and economic development director, public works director, police chief, building inspector and any other person delegated such authority by any of the above or those in Section

1.16.010.A.

Payment of Fine and Use of Proceeds. Except as otherwise provided, all civil fines assessed shall be payable to the city.

Emergency Abatement. ln the event the violation constitutes a significant and immediate threat to the public health, safety, or welfare so severe that immediate action is required, the city may abate the violation pursuant to the emergency K.

LEOAI,DI]'ARfuNT
B
11 abatement provisions of Chapter 8.28 and the costs of abatement shall be borne by the owner of the property in accordance with the procedures of Chapter 8.28.

N Alternative Remedies. This Section is just one method of enforcement of violations of the municipal code and other laws the city is authorized to enforce. lt shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state of California, or any other legal entity or agency having jurisdiction. The city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28.

SECTION 4. TMC section 5.04.350, Subsection C is hereby amended and Subsection O is hereby added as follows:

5.04.350 - Denial of permit-Grounds.

A permit or renewal permit may be denied for any of the following causes:

C. Noncompliance with requirements of this code, administrative regulations, or other applicable laws pertaining to such activity or business or pertaining to the property upon which the activity or business is to operate; O. Applicant or any person who is to conduct the business owes the city fines, fees, taxes or other obligation.

SECTION 5. TMC section 5.04.430 is hereby amended as follows:

5.04.430 - Appeal - Action by permit appeals board.

Within thirty days after the filing of the appeal with the secretary of the board, the board shall consider the appeal at a regular meeting. Written notice of the time and place the board will consider the appeal shall be mailed by the secretary of the board to the person who filed the appeal on behalf of the applicant, at least ten days before the date set for hearing, unless appellant shall sign a written waiver of such notice. The police department shall provide to appellant a copy of its records of the case appealed that it submits to the board at least three days in advance of the date of the meeting at which his or her appeal will be considered by first-class mail, personal delivery, or email if appellant provides his or her email. ln any appeal, the board shall consider the application, the record of the case submitted by the police department, and other pertinent information presented. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O. Administrative hearings are informal, and formal A.
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rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the appealed decision by a preponderance of the evidence. The records of the case submitted by the police department shall constitute prima facie evidence of the facts contained in those documents.
c. The secretary of the board shall, within three days after decision of the board, notify the applicant in writing of the decision of the board. lts decision or determination shall be final and conclusive.

SECTION 6. TMC section 12.08.180 is hereby amended as follows:

12.08.180 - Appea! procedures.

A. Any person aggrieved by any act or determination of the street superintendent in the exercise of the authority granted in this chapter may appeal in writing to the city council within ten days after receipt of such direction or order, by filing a notice of appeal with the city clerk, stating in substance that the appeal is being made from such direction or order to the city council and providing the grounds for the appeal.

B. The city clerk shall notify the appellant and street superintendent, in writing, of the time and place the city council shall consider the appeal at least ten days before the date set for hearing, unless appellant shall sign a written waiver of such notice. The street superintendent shall provide to the city council and appellant a copy of its records of the case appealed at least three days in advance of the date of the hearing; to appellant by first-class mail, personal delivery, or email if appellant provides his or her email.

C. ln any appeal, the city council shall consider the written appeal, the record of the case submitted by the street superintendent, and other pertinent information presented. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.O2.O4O. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the appealed act or determination by a preponderance of the evidence. The records of the case submitted by the street superintendent shall constitute prima facie evidence of the facts contained in those documents.

D. Upon completion of its consideration, the city council may approve, modify or reject, wholly or partly, the act or determination of the street superintendent, and may make such decision or determination as the facts warrant, and its decision or determination shall be final and conclusive.

SECTION 7. TMC section 15.04.095 Subsections D-E are hereby added as follows:

15.04.095 - Permit or plan application; denial or revocation.

I I(:AI, I)HPARTMINT
(fft oF
I F(iALDPARTINT
13 Any permit or plan approval applied for may be denied and any permit or plan approval already issued or approved pursuant to this chapter may be revoked by the city manager or his designated representative for any of the following causes:

D. That violations of law exist at the property subject to the permit.

E. That the applicant owes the city fines, fees, taxes or other obligation.

SECTION 8. TMC section 9.10.010 is hereby amended as follows:

9.10.010 - lntent.

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property but also the value of the adjacent and surrounding area, and the general morale of the local citizens. Graffiti has also been found to be associated with criminal activity and delinquency. California Government Code Section 38777 authorizes the City to declare what constitutes a nuisance, Section 38772 authorizes the city to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Section 38773.2 or 38773.6. Section 53069.3 further authorizes the City, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. Therefore, it is the intent of the city council to provide for the prohibition of the placement of graffiti on public and private property and make such act a nuisance, provide for the abatement of such nuisance, and also, offer a means for the city to recoup its costs of abatement.

SECTION 9. TMC section 9.10.020 is hereby amended as follows:

9.10.020 - Definitions.
"Graffiti" as used in this chapter means the unauthorized inscribing, spraying of paint, dye or any marking substance, or the marking of ink, chalk, dye or similar substances on public or private fences, buildings, structures and places within the city. "Minor" or "other person" as used in the chapter means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3,640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3,640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and lnstitutions Code by reason of the commission of an act prohibited by Section 594,594.3,640.5, 640.6, or 640.7 of the Penal Code.

SECTION 10. TMC section 9.10.060 is hereby amended as follows:

9.10.060 - Unlawful application of graffiti; public nuisance.

It is unlawful for any person to apply graffiti on public or private fences, buildings, structures and/or places within the city. Any person violating any term or provision of this section oilof
LE(:AI D*ARilENT
74 shall be guilty of a misdemeanor. The defacement of any property of another by graffiti or any other inscribed material within the city is deemed a public nuisance.

SECTION 11. TMC section 9.10.070 is hereby deleted in its entirety.

SECTION 12. TMC section 9.L0.070 is hereby added as follows:

9.10.070 - tiability for damages caused by minor.

Pursuantto Section 1774.7(bl of the California Civil Code and in accordance with Section 38772 of the California Government Code, any act of willful misconduct of a minor which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. The liability of each parent or guardian shall not exceed 545,000, or any future amount set by the California Judicial Council in accordance with Section 17I4.1(cl of the California Civil Code, for each such act of the minor.

SECTION 13. TMC section 9.10.080 is hereby added as follows:

9.10.080 - Graffiti removal from private property by owner, It is unlawful for the owner of any privately owned real property to permit graffiti or other unauthorized inscriptions to remain on any building, structure or other facility so as to be capable of being viewed by persons utilizing any public right-of-way in the City, such as a highway, street, road, parkway or alley; provided, that the City Manager or his or her designee, has given written notice to the owner to remove the graffiti within a period of three calendar days and such time period has elapsed without remedial action or the city has taken other enforcement measures against the owner available under law and the time to act under those measures has expired, including but not limited to, nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065. For the purpose of this section, "remedial action" shall mean painting, washing, sandblasting, chemically treating, or otherwise obscuring the graffiti such as to blend the affected area with the surrounding structure or property.

SECTION 14. TMC section 9.10.090 is hereby added as follows:

9.10.090 - Graffiti removal from private property by city.

Upon a determination by the City Manager or his or her designee, that graffiti or other unauthorized inscriptions are on any privately owned building, structure or other facility and are in view of persons utilizing any public right-of-way, whether a highway, street, road, parkway or alley, the city shall be authorized to undertake the removal of such graffiti. Prior to the removal of such graffiti, the City shall obtain the written consent of the owner, including an appropriate release form and right of entry form authorizing such graffiti removal. The city shall not authorize or undertake to provide for the painting or repair of a more extensive area than that where the graffiti is located. The authority of the city under this section shall be in addition to all other remedies available under the provisions of this code, including those related to the abatement of nuisances under Chapter 8.28, or any other means authorized by law.

SECTION 15. TMC section 9.10.100 is hereby added as follows:
ffiq
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LrcAI.MARilNT
15 9.10.100 - Penalties.

A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in Chapter 1.1,2.

Joint and Several Liability for parent or guardian having custody and control of minors. As provided in Section 9.10.070, the penalties in Section t774.!(bl of the California Civil Code apply.

Alternative Remedies. This Section is just one method of enforcement. lt shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state of California, or any other legal entity or agency having jurisdiction. The city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28.

SECTION 16. TMC section 9.10.110 is hereby added as follows:

9.10.110 - Abatement-recovery of costs.

A. Lien Against Property. lt is the intent of the city to make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor (pursuant to California Government Code Section 38772, California Penal Code Section 1202.4 and other state law). "Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

B Special Assessment. As an alternative to the lien against property provided in this section, the city may, pursuant to Section 38773.6 of the California Government Code, make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, in accordance with the procedures specified in California Government Code Section 38773.5. "Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

SECTION 17. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Guidelines section 15061(bX3) in that the Ordinance alone does not have the potential for causing a significant effect on the environment.

B.
c.
clryof

EHACHATI
LECAI DIIARruENT
Published: Tehachapi News
76 SECTION 18. lf any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in fullforce and effect.

SECTION 19. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

SECTION 20. All provisions of the TMC that have not been amended or deleted by this Ordinance shall remain in full force and effect unless they otherwise are amended by another Ordinance of the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Tehachapi, California on the--day of -----2021.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi, California on the -- day of -----------, 2027, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT
PHILIP A. SMITH, Mayor of
the City of Tehachapi, California
ATTEST:

TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California

TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY L8,2022 AGENDA SECTION: POIICE DEPARTMENT

APPROVED

DEPARTMENT
CITY MANAGER:

TO: HONORABLE MAYOR SMITH AND CITY COUNCIT MEMBERS
FROM: KENT KROEGER, POLICE CHIEF
DATE: ,ANUARY 4,2022
ADOPTION OF AN ORDINANCE REVISING SECTION 9.04.030 TO CTARIFY PROHIBITIONS ON SLEEPING IN VEHICLES ON PUBLIC I.AND, ADDING CHAPTER 9.22 TO REGULATE THE STORAGE OF PERSONAL PROPERW ON PUBTIC IAND, ADDING CHAPTER 12.G' TO INCORPORATE REGUTATIONS IN CIW PARKS, ADDING CHAPTER 5.It4 TO REGUIATE SIDEWALK VENDORS, ADDING CHAPTER 8.58 TO REDUCE THE OCCURRENCE OF FALSE ALARMS, AND ADDING CHAPTERS 9.40 AND 9.44 PROHIBITING PUBLIC DRUNKENNESS,

URINATION, AND DEFECATION
SUBJECT:

BACKGROUND
This proposed ordinance amends the Tehachapi Municipal Code ("TMC") to protect public safety and welfare and to promote compliance with applicable State law. The proposed ordinance addresses 6 kinds of regulations:
. Regulations to clarify the City of Tehachapi's ("City") current regulations prohibiting use of vehicles for human habitation to establish clearer guidance to the public and enforcement officers and incorporate language consistent with recent California Court of Appeal decisions; o Regulations on the prohibited storage of personal property in public places including procedures to ensure due process for the public for seizure, return, and disposal of such property, and penalties for violations; . Regulations for City parks' operating hours and permissible and impermissible activities there; o Regulations for sidewalk vending consistent with Government Code section 51036 et seq.; o Regulations to reduce the occurrence of false alarms; and . Regulations to prohibit public drunkenness, urination, and defecation with related guidelines and penalties.

PROPOSAT
The proposed amendments to TMC section 9.04.030 offer a clear definition of the prohibited habitation in vehicles and define set parameters of the times and locations vehicle habitation is prohibited, for example, at all times within a block of a park, school, or day-care facility and during specific evening and early morning hours elsewhere. The proposed amendments also offer the City discretion in treating a violation of this Section as an infraction with lower fines versus misdemeanor violation as the circumstances dictate.

The proposed addition of TMC Chapter 9.22 provides definitions for prohibited storage of personal property in public areas, including the terms of personal property, public areas, and storage, outlines the prohibited kinds of storage of personal property and penalties for violations, including the City's discretion to treat as infractions or misdemeanors , and F
CALIFL-lFINIA
gives guidelines on the impoundment, storage, disposal and reclamation/return of seized personal property with attendant notices to be given, evidence to prove ownership, and processes the City must follow to ensure due process.

The proposed addition of TMC Chapter 12.09 regulates the permitted and unpermitted uses of public parks. Of note, the regulations in Chapter 12.09 provide for reasonable hours of operation, when special use/event permits are needed, prohibitions related to alcoholic beverages (unless a City permit allows otherwise), narcotics, and other dangerous drugs, prohibitions related to the possession or discharge of any firearms, bow and arrows, air guns, slingshots, rockets or other projectiles, prohibitions related to certain dangerous activities, including swimming in fountains, golfing, starting a fire in areas where not allowed, prohibitions related to vandalism, littering, and disturbing the peace, prohibitions related to the use of bicycles and vehicles and parkingvehicles in areas not authorized for such use, prohibitions relating to animals, including allowing animals lose in non-dog parks, allowing dogs to defecate without the owner cleaning it up, and harming natural wild-life, prohibitions related to making campfires in non-designated areas and damaging plants, and prohibitions related to inflatable structures and other attractions without permit. chapter 12.09 also provides for the city's enforcement powers and penalties for violations of the Chapter.

The proposed addition of Chapter 5.44 regulates sidewalk vending in the City in compliance with and consistent with California Senate Eill 946-codified in Government Code section 51036 et seq.-to ensure clear guidance, include constitutionally reasonable time, place, and manner restrictions to promote health, safety, and welfare concerns, and provide for enforcement remedies. Of note:
r TMC sections 5.44.03f040 requires a City business permit and special city business permit for operations; o TMC section 5.44.050 allows for the use of California driver's license or identification card, taxpayer identification number or a municipal identification number in lieu of a Social Security Number for licensing; o TMC section 5.44.050 establishes operational standards, including size limitations of carts, times of operation, areas of operation, and requiring vendors to provide adequate trash receptacles; r TMC section 5.44.090 requires that food preparation comply with all State and local licensing requirements; r TMC section 5.44.100 specifies the penalties for violations of the Chapter, including fines. lt allows for any person who receives a fine to request an ability-to-pay determination for a fine reduction and offers the City Manager the discretion to allow community service, waive, or offer an alternative approach.

The proposed addition of Chapter 8.58 is intended to reduce the occurrence of false alarms that require emergency responses in the City where there is no emergency. This Chapter includes a prohibition for knowingly making or causing a false alarm within the City, makes such acts punishable as misdemeanors and also allows them to be treated as public nuisances subject to related enforcement, and permits the City to seek reimbursement for the City's service charges and costs responding to false alarms.

The proposed addition of Chapters 9.40 and Chapter 9.44 prohibit public intoxication and public urination and defecation, respectively. Both Chapters provide key guidelines on the prohibited conduct and provide for the penalties associated with violating these Chapters and the enforcement powers of the City under these Chapters.

RECOMMENDATION

ADOPT AN OROINANCE OF THE CITY COUNCIT OF THE CIW OF TEHACHAPI TO PROMOTE PUBIIC HEAITH, SAFEW ANO WETFARE BY REVISING SECTION 9.04.030 TO CTARIFY PROHIBITIONS ON SLEEPING IN VEHICTES ON PUBTIC [AND, AODING CHAPTER 9.22TO REGUI.ATE THE STORAGE OF PERSONAT PROPERW ON PUBTIC [AND, ADDING CHAPTER 12.09 TO INCORPORATE REGUTATIONS IN CITY PARKS, ADOING CHAPTER 5.44 TO REGUTATE SIDEWALK VENDORS, ADDING CHAPTER 8.58 TO REDUCE THE OCCURRENCE OF FALSE AIARMS, AND ADDING CHAPTERS 9.40 ANO 9.44 PROHIBITING PUBTIC DRUNI(ENNESS, URINATION, AND DEFECATION

Page 2 of 2 ends

CIfr Of
ORDINANCE NO.

AN ORDINANCE OF THE CIW COUNCIT OF THE CITY OF TEHACHAPI, couNw oF KERN, CALIFORNIA, TO PROMOTE PUBUC HEALTH,
SAFETY AND WETFARE BY REVISING SECTION 9.(,4.O3O TO CTARIFY

PROHIBITIONS ON STEEPING IN VEHICLES ON PUBTIC IAND, ADDING CHAPTER 9.22TO REGULATE THE STORAGE OF PERSONAT PROPERTY ON PUBTIC LAND, ADDING CHAPTER 12.09 TO INCORPORATE
REGUTATIONS IN CITY PARKS, ADDING CHAPTER 5.44 TO REGUTATE SIDEWALK VENDORS, ADDING CHAPTER 8.58 TO REDUCE THE
OCCURRENCE OF FATSE ALARMS, AND ADDING CHAPTERS 9.40 AND

9.44 PROHtBtTtNG PUBUC DRUNKENNESS, URTNATION, AND

DEFECATION
WHEREAS, California Constitution, article Xl, section 7, authorizes the City of Tehachapi ("City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws;
WHEREAS, in light of recent State and Federal court decisions as well as recent efforts to ensure more efficient enforcement of the Tehachapi Municipal Code ("TMC") to promote public health, safety, and welfare, the City Council has identified an amendment and an adoption to be made to Chapter 9.04 of the TMC relating to the use of vehicles for human habitation, an adoption to be made to the TMC to account for the seizure, storage, and/or disposal of personal property left in public places, and an adoption to the TMC for reasonable regulations for use of public parks;
WHEREAS, recently several California Courts of Appeal issued decisions offering guidelines for local public agencies' regulations prohibiting the use of vehicles for human habitation on public land, and as a result, the City Council has identified changes to its regulations based on the guidance offered in those Court decisions; WHEREAS, the City of Tehachapi has experienced an increase in the accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas, which constitute a threat to the peace, health, safety and/or generalwelfare of the public and have disrupted the use and enjoyment of such public space; WHEREAS, the City desires to remove such personal property located on public land in a manner that is consistent with State and Federal law, and which promotes the health, safety, and general welfare of those who use these public lands;
WHEREAS, the City has determined it is in the best interests of the City and of the citizens and the public thereof that reasonable regulations for the operations and permitted and unpermitted uses and activities at public parks within the City be articulated and established; WHEREAS, the TMC does not contain any provisions which reasonably regulate the time, place and manner of sidewalk vending and there is a need to include in the TMC such provisions in conformity with recent changes in State law, including California Senate Bill No. 946 (codified in Sections 51036 through 51039 of the Government Code), to protect legitimate and objective public health, safety and welfare concerns that are raised by sidewalk vending, including proper sanitation, proper food preparation, storage and distribution, avoidance of the spread of illnesses, ensuring safe and unobstructed pedestrian travel on public rights of way, compliance 1 I TCAI,I)EPARilTNT
CIryO'

EHACHAPI

I,ECAL I)IXARTMINT
with the Americans with Disabilities Act, safe lighting standards, and other health, safety, and welfare concerns;
WHEREAS, the City has determined that false alarms divert and waste limited police and fire resources from legitimate emergencies, and to protect the public health, safety, and welfare and in the interest of preserving and protecting limited resources, the City needs to take action to reduce the number of false alarms and the dangers and diversions that false alarms pose and to encourage alarm users to maintain their alarm systems in good working order, thereby, conserving police and fire personnel time for more efficient use of all fire and police resources; WHEREAS, the City desires to prohibit public drunkenness and related disorderly conduct, which can include, but is not limited to public disturbances and disruption of the public peace, which can pose a threat to others' health, safety, welfare, and peace, and interfere with others' use and enjoyment of public places and thus has determined to include such prohibitions in the TMC; and
WHEREAS, the City desires to prohibit the intentional defecation and urination in public places, except the proper usage of a toilet or other restroom authorized for such use, given that public defecation and urination poses health, safety, and sanitary hazards to the public and can attract rodent and vermin and thus, has determined to include such prohibitions in the TMC.

NOW, THEREFORE, THE CITY COUNCIT OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOTLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein SECTION 2. TMC section 9.04.030 is hereby amended, and is to read in its entirety as follows

9.04.030 Use of vehicles for human habitation prohibited.

A. lt shall be unlawful for any person to sleep in a vehicle, as defined in Tehachapi Municipal Code section 10.02.010(U), or recreational vehicle, as defined in Tehachapi Municipal Code section 10.16.005 and including house trailer and motor home, whatsoever for Habitation:

7. Between the hours of 9:00 P.M. and 6:00 A.M. on any public or private street, parking lot, or unimproved or vacant lot within the City of Tehachapi; or

2. At any time within a one Block radius of any edge of a lot containing a park or a licensed school, pre-school, or daycare facility within the City of Tehachapi.

The foregoing shall not apply to a private parking lot or unimproved lot in which the property owner has obtained a conditional use permit from the city to allow for sleeping in the parking lot or unimproved lot. Nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State, or local statute or ordinance. Nothing herein shall be construed to prohibit the allowable parking and sleeping in recreational vehicles described in Chapter 10.16 of the Tehachapi Municipal Code if all legal 2 cttoF
I FCA' DFIARilFNT
requirements therein are met. Nothing herein precludes the enforcement of any other related laws that the City of Tehachapi is authorized to enforce.

B. As used in this section:

Block is defined as 500 feet.

Habitation means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids; obscuring some or all of the vehicle's windows; preparing or cooking meals inside or on a vehicle; sleeping inside the vehicle; leaving of litter, rubbish, or waste in or around the vehicle; having furniture or equipment in or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; leaving, storing, or othenrvise discarding of human wastes inside the vehicle or in the vicinity of the vehicle.

3. Public street shall mean and include, without limitation, streets, roads, highways, alleys, sidewalks, parkways, bridges, culverts, drains, and all other facilities and areas necessary for the construction, improvement and maintenance of streets and roads.

C. Any person, firm, or corporation violating any provision of this ordinance shall be fined not less than 525 for the first violation, 550 for the second violation, and S75 for any subsequent violations, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion. The enforcement officials provided in subsection E of this Section may also deem the violation an infraction in their discretion when enforcing this Section.

D. lf any portion, subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid.

E. This section may be enforced by Peace Officers of the City of Tehachapi and by the City of Tehachapi employees specified in Chapter 1.16 of the TMC.

F. Nothing in this section shall be construed to affect, supersede, or otherwise prevent enforcement of provisions under other provisions of the Tehachapi Municipal Code, California State Law, or other law enforceable by the city or to prevent the city from commencing administrative, civil, or criminal proceedings for nuisance abatement, injunctive relief, or other methods of enforcement available under law.

1..

2. 3
I,F(;AI DF]TARTMfNT
SECTION 3. TMC Chapter 9.22 (Prohibition of Storage of Personal Property in Public Places) is hereby added, and is to read in its entirety as follows:

CHAPTER 9.22- PROHIBITION AGAINST STORAGE OF PERSONAT PROPERTY IN PUBLIC PLACES Section 9.22.OLO - Definitions
For purposes of this chapter:

A. "Abandoned personal property" means personal property that the owner surrenders, relinquishes, or disclaims.

B. "Block" shall mean 500 feet.

C. "Park" means a park, reservation, playground, recreation center or any other area in the city owned, maintained or used by the city for the purpose of public rest, play, enjoyment, active or passive recreation, or assembly and shall include all buildings and structures located thereon or therewith.

D. "Public area" means and includes all property that is owned, managed or maintained by the city and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.

E. "Personal property" means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as cooking utensils, money, medication, documents, clothing, luggage, and books.

F. "Store", "stored", "storing", or "storage" means to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area.

G. "Street" shall include every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

H. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
l. "Unclaimed personal property" means personal property that has been turned in to the Tehachapi Police Department and that has not been claimed within a period of ninety days by its true owner or finder.

Section 9.22.O2O - Storage of persona! property prohibited A. lt shall be unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the City Manager or designee or as permitted by the TMC or State law:

1. Any public street or right-of-way, including sidewalks, bus stops, and public landscaping; or
4 ctB o[
I-ICAI I)!?ARruENT

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

B. A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion. The enforcement officials provided in subsection C of this Section may also deem the violation an infraction in their discretion when enforcing this Section.

C. This section may be enforced by Peace Officers of the City of Tehachapi.

D. Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in sections 9.04.050 through

9.04.060.

9.22.030 - Notice of impoundment and/or disposal
A. No Notice for lntentionally Abandoned, Contraband, or Hazardous Waste. Unlawfully stored personal property that is believed in good faith by Tehachapi Police Department officers to be intentionally abandoned or which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste or trash may be disposed of without any notice.

B. No Notice for Evidence in Criminal Case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice.

C. Notice Required For All Other Personal Property.

For all other personal property beyond that identified in subsections A and B of this section, actions taken on such personal property that is unlawfully stored pursuant to this Chapter must be done according to the following notice provisions:

A. Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property. The written notice shall contain the following:
a. General description of the personal property to be removed. b. The location from which the personal property will be removed. c. The date and time the notice was posted.
d. Statement that the personal property has been stored in violation of Section

9.22.020.
e. Statement that the personal property will be impounded if not removed from the public area within 24 hours.
f. Statement that moving stored personal property to another location in the public area shall not be considered to be removing personal property from the public a rea.
g. The location where the removed personal property will be stored, including telephone number and the internet website of the Tehachapi Police Department through which the person may receive information as to the impounded personal property as well as information as to voluntary storage location(s). h. Statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
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B. Post Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
a. General description of the personal property removed. b. The date and approximate time the personal property was removed. c. Statement that the personal property was stored in a public area in violation of Section 9.22.O20.
d. The location where the removed personal property will be located, including telephone number and internet website of the Tehachapi Police Department through which the person may receive information as to impounded personal property.
e. Statement that the impounded personal property may be discarded if not claimed within 90 days after impoundment.

9.22,O4O - Storage and Disposal
Except as specified herein, the Tehachapi Police Department shall move impounded personal property pursuant to Section 9.22.O3O to a place of storage.

Except as specified herein, the Tehachapi Police Department shall store impounded personal property for ninety (90) days, after which time, if not claimed, it may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days.

The Tehachapi Police Department shall maintain a record of the date any impounded personal property was stored and discarded.

9.22.050 - Reclamation Process
The owner of the impounded personal property may repossess the City-stored personal property prior to its disposal upon submitting satisfactory proof of ownership.

A. A person may establish proof of ownership by, among other methods, describing the location and date when the personal property was impounded from public area, and providing reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property.

B lf ownership cannot be determined to the satisfaction of the Tehachapi Police Department, Chief of Police or designee, the City may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the Tehachapi Police Department shall continue to hold the personal property until such a determination is made. c. lf ownership is determined, the owner of the impounded personal property shall be required to pay the reasonable costs incurred by the city in impoundment and storage prior to the return of the personal property, unless a financial hardship waiver is submitted to the Tehachapi Police Department by the owner on forms authorized by the Tehachapi Police Department and such waiver is approved by the Chief of Police or designee. ln the financial hardship waiver, the applicant must provide information or documentary proof satisfactory to Tehachapi Police Department, Chief of Police or designee, attesting, proving, or otherwise, showing the financial hardship reimbursing Tehachapi Police Department for the reasonable costs of impoundment and storage. The Tehachapi Police Department, Chief of Police, or 6 (lnot
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designee, shall make a written determination on the waiver and provide notice of that determination by personal delivery, First Class Mail, or other method reasonably calculated to provide actual notice.

SECTION 4. TMC Chapter 12.09 (Public Parks) is hereby added, and is to read in its entirety as follows:

Chapter 12.09 - PUBLIC PARKS

12.09.010 - Purpose of provisions.

The city council has determined that it is in the best interests of the city and of the citizens and the public thereof that reasonable regulations for the operations and permitted and unpermitted uses and activities at public parks within the city be articulated and established. This chapter is adopted for the purpose of developing and providing such regulations.

12.09.020 - Hours of operation.

Any person who remains in any city park between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except for organized activities approved by the Administrative Manager, is guilty of a misdemeanor. No vehicle may remain parked in any City park parking area past the posted hours set forth in this section or said vehicle shall be removed pursuant to California Vehicle Code Section 2265! subdivision (n).

12.09.030 - Specia! events - special use / event permit required or other permits.

A. Any person desiring privileges to hold, conduct, or gather for an organized run/walk, street festival, parade/procession/march, festival/celebration, cycling event, neighborhood block party, or other special event at a city park shall first apply for and receive a special use / event permit in writing from the City. As applicable, Chapter 10.08 on parades and other assemblies may also apply or alternatively apply for special events.

12.09.040 - Alcoholic beverages, narcotics, and dangerous drugs.

The following regulations are applicable in all city parks.

A. No person shall enter, be, or remain in any park while purchasing, selling, giving away, or consuming an alcoholic beverage.

B. No person shall enter, be, or remain in any park while in possession of, or exercising control over, an open or uncovered container of an alcoholic beverage.

C. No person shall consume or be in possession of alcoholic beverages unless such consumption or possession is permitted upon the issuance of a permit by the city, which shall specify and be valid only for a particular date, time, and designated area.

D. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, and which is fit or used for beverage purposes either alone or when diluted, mixed, or combined with other substances.

E. The city council may issue permits or approve facility reservation applications for alcoholconsumption or possession in designated areas.

F. To enter, be or remain in any park while in possession of, or exercising control over, transporting, purchasing, selling, giving away or consuming any narcotic or dangerous drug.
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12.09.050 - Firearms, fireworks, motorized airplanes, projectiles, and dangerous objects.

The following activities are prohibited in all city parks A. To possess, carry, or discharge any firearms, firecrackers, rockets, explosives, air gun, bow and arrow, or slingshot.

B. To throw, project, or propel upon, along or across any park, public highway, or driveway within a park any motorized airplane, rocket projectile, or similar device capable of causing personal injury or damage to personal property.

12.09.060 - Activities prohibited and restrictions upon sporting activities.

The following activities are prohibited in all city parks.

A. To play or engage in any hazardous or dangerous game, sport, or contest, except at such place as shall be especially set apart for that purpose.

B. To swim, bathe, or pollute, or place any boat or any floating object in the water of any fountain, pond, lake, stream, or flood control channel unless specifically constructed and supervised for that purpose.

C. To drive, hit, or putt any golf ball or similar object by use of a golf club or similar instrument in any city park or upon any parkway or trail.

D. To take part in a baseball or softball activity other than in designated ballfields is prohibited.

E. To make or kindle a fire for any purpose except at such places as are provided for such purpose.

F. The provisions of this section may be waived for activities of a special recreational nature authorized and/or supervised by the Administrative Manager.

12.09.070 - Vandalism, littering, and disturbing the peace.

The following activities are prohibited in all city parks.

A. To cut, break, deface or injure any building, monument, sign, fence, bench, equipment, or city property.

B. To throw, discard, place, or dispose of any garbage or refuse in any place other than a garbage can or other receptacle maintained for that purpose.

C. To disturb the peace and quiet by any undue, loud, or unusual noise.

D. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

E. lndulge in any riotous or offensive conduct as defined in Penal Code 5 415 or use vulgar or obscene language as defined in Penal Code 5 311.

12.09.080 - Bicycles, vehicles, and parking.

The following activities are prohibited in all city parks.

A. The riding of any bicycle, skateboard, or motorized vehicles other than on the roads or drives provided for such purpose except in designated facilities and areas specially designed for such purpose.

B. To drive or park any vehicle on turfed or planted area adjacent to roadways.

C. To park, leave standing, or cause to be parked or left standing any vehicle in any place in a public park other than in areas designated as parking.

12.09.090 - Animals.

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The following is prohibited within any city park:

A. To willfully lead or let loose any animal within any city park that is not specifically designated as a dog park by the city, is prohibited. Dogs or cats when led by a leash or chain not more than six feet long and under full control of its owner or custodian shall be permitted.

B. To permit any dog to defecate upon the public property in any city park is prohibited unless the person owning, keeping, or having said animal in his/her custody or care immediately removes the feces and properly disposes of the wastes. Visually handicapped persons who use "seeing eye" guide dogs shall not be required to comply with the provisions of this section.

C. To lead, ride, or drive any horse, mule, or other hoofed animal in any city park, parkway, or biked trail except upon specifically designated equestrian trails.

D. To wound, kill, or catch or attempt to wound, kill, or catch any bird, fowl, fish, or other animal.

12.09.110 - Campfires.

It is unlawful to make campfires in any places other than in areas provided by the Ad ministrative Manager.

L2.O9.L2O - Damaging plants
It is prohibited to damage, cut, carve, transplant, or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant or to pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof; or cut or remove any wood, turf, grass, soil, rock, sand, or gravel. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area. This prohibition is in addition to other similar prohibitions under this code, including Section L2.O8-L7O or other applicable law.

12.09.130 - lnflatable structures and other attractions.

It is unlawful for any person to use, maintain, or operate the following devices within any city park:

A. Dunk tanks, booths, or machines which generally consists of a large tank of water over which a seat is suspended.

B. lnflatable recreational structures including, without limitation, inflatable, interactive structures, or equipment commonly used for jumping, bouncing, sliding, riding or as an apparatus for sports and recreational activities.

C. Other, similar, temporary attractions including, without limitation, structures containing live animals, climbing walls, slides, and petting zoos.

D. The Administrative Manager, or designee, ffidy allow the use of the devices otherwise prohibited by this section by permit or for city purposes including, without limitation, the city's own recreation programming.

L2.2O.L6O - Enforcement, penalties, and retaliation prohibited.

Any person who fails, refuses, or neglects to comply with any lawful order of a police officer or a code enforcement officer or other authorized enforcement official under this code in the enforcement of any provisions of this chapter is guilty of a misdemeanor. Any violations of the prohibitions in this chapter are subject to the general penalties and other enforcement 9 cnoF

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10 procedures provided in Chapters 1.16 and 1.20. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section.

SECTION 5. TMC Chapter 5.44 (Sidewalk Vending) is hereby added, and is to read in its entirety as follows:

Chapter 5.4 - SIDEWALK VENDTNG

5.44.010 - Definitions.

The following words a used in this chapter shall have the following meanings:

A. "Cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveya nce.

B. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

C. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

D. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.

E. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

F. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

G. "Vend" or "vending" refers to operating as a sidewalk vendor.

5.44.O2O - Applica bil ity.

The requirements of this chapter shall not apply to the following persons:

A. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

B. Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks.

5.44.030- Business license and special business permit required.

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business license in accordance with Chapters 5.04 and 5.44 of this code, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of this code.

B. No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with Chapters 5.04 and 5.44 of this code, and complying with all requirements of the permit, unless such person qualifies for an exemption under Chapter 5.04 of this code. clfr ot

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11 C. The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this chapter shall be made not later than ninety days before the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.

A separate business license and special business permit shall be required for each cart.

5.44.040 - Requirements for permit application.

An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:

The name, address, and telephone number of the applicant and each person who will operate the cart.

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A description of the cart, including the dimensions of the cart, and a photograph of the cart.

A photo identification of the applicant and each person who will operate the ca rt.

D. A complete list of the food or merchandise to be sold lf the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

The vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number).

A City of Tehachapi business license
A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.

5.44.050 - ldentification numbers; confidentiality.

Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. ln lieu of an otherwise required social security number, the city shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number. ldentification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.

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5.44.050 - Operational standards.

Each cart used by a sidewalk vendor must display a valid special business permit sticker at all times, which shall be issued by the City.

All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application.

No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. ln order to preserve the peace, safety, and tranquility of residential neighborhoods, no sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.
ln order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 78 inches. ln order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.
ln order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
ln order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a 10-foot radius around the vendor's cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.
ln order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained orfastened to any pole, sign, tree, or other object in the public right-of-way.
ln order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
ln order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or A.

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13 left overnight on any public street or right-of-way, or in any public park or other public property.
ln order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. ln order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gaspowered generators, or excessive fumes.

N ln order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
ln order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.

5.44.O7O - Location of carts.
ln order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers' markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:

Any area other than a public sidewalk or pedestrian path.

Within 15 feet of a fire hydrant or 15 feet of a transit stop.

Within 15 feet of the outer edge of a driveway or driveway apron.

Adjacent to any marked loading zone or bus zone.

Within 5 feet of a curb return.

Any location that would impede entering or exiting a parked vehicle Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers' market or swap meet during the operating hours of the certified farmers' market or swap meet.

Within 100 feet of a City-permitted special event, including but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to L
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vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.

5.44.080 - Special requirements for vending in city parks.

No stationary sidewalk vendor may operate in a city-owned or city-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

No stationary sidewalk vendor may sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with chapter 5.44, as specifically authorized in writing by the City Manager or designee, or pursuant to an agreement approved by the City Council.

5.44.090 - Special requirements for the sale of food.

All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.

5.44.100 - Penalties.

For purposes of this Section, "sidewalk vending program" refers to the provisions of Sections 5.44.060 through 5.44.090, inclusive, and the requirement to obtain a special business permit pursuant to Section 5.44.030(B).

A violation of any provision in Sections 5.44.060 through 5.44.090, inclusive, may only be punished by the following:

An administrative fine not exceeding one hundred dollars (5100) for a first violation.

An administrative fine not exceeding two hundred dollars (5200) for a second violation within one year of the first violation.

An administrative fine not exceeding five hundred dollars (SSOO1 for each additional violation within one year of the first violation.

Rescission of the sidewalk vendor's special business permit for the term of that permit upon the fourth violation or subsequent violations.

B. Vending without a special business permit may be punished by the following:

1. An administrative fine not exceeding two hundred fifty dollars (5250) for a first violation.

An administrative fine not exceeding five hundred dollars (5500) for a second violation within one year of the first violation.

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15 3 An administrative fine not exceeding one thousand dollars (S1,000) for each additional violation within one year of the first violation.

Upon proof of a valid special business permit, an administrative fine imposed under Section 5.44.100(8) shall be reduced to the respective administrative fine set forth in Section 5.44.1,00(4).

No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by Section

5.44.100(A) and (B). For administrative fines imposed under Sections 5.44.100(4) and 5.44.100(8), the city may change those amounts as needed by resolution of the City Council.

Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.44.060 through 5.44.090, inclusive, nor a failure to pay an administrative fine, imposed by Section

5.44.100(A)or (B) shall be punishable as an infraction or misdemeanor.

Any person who receives an administrative fine under Section 5.44.100(A) or (B) shall have the right to request an ability-to-pay determination. c.

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3 The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as initructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

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A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

4. lf the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall reduce the fine to twenty percent (20%)of the amount of the fine originally imposed.

The City Manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.44.100(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

Violations of the requirement to obtain a business license pursuant to Section

5.44.030(A) may be punished in accordance with the provisions of Chapter 5.04.

Nothing in the chapter shall be construed to limit the City's ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this G.

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sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.

SECTION 6. TMC chapter 8.68 (False Alarms) is hereby added, and is to read in its entirety as follows:
chapter 8.58 - FAISE ATARMS

8.58.010 Purpose and lntent
False Alarms needlessly divert limited police and fire resources from genuine alarms and other emergencies. Police officers and fire personnel responding to False Alarms are no longer available to carry out other vitally important public safety duties. ln the interest of using limited resources most effectively, the number of False Alarms can and must be reduced. This Chapter is intended to reduce the dangers and diversions of False Alarms and to encourage Alarm Users to maintain their Alarm Systems in good working order and to use them properly, thereby, conserving police and fire personnel time and increasing protection for all City residents.

8.68.020 Definitions
For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

A. "Alarm Business" means any person operating for any consideration who is engaged in the installation, maintenance, alteration, or servicing of alarm systems or who responds to such Alarm Systems.

B. "Alarm System" means an assembly of equipment and devices arranged to signal the presence of any condition upon a premises within the City to which the police and fire department normally responds. The term "Alarm System" shall include equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. Alarm Systems include, but are not limited to, local alarm systems, direct connection systems, central station alarm systems, and automatic telephone dialing systems. Alarm Systems shall not include audible alarms affixed to automobiles.

C. "Alarm Use/' means any person who owns, possesses, leases, manages, or controls a premises on which an Alarm System has been installed and operates.

D. "Enforcement Official" means and includes any City employee or agent of the City authorized by this Code, the City Council, or the City Manager to investigate and enforce any violation of this Code, including issuing administrative citations.

E. "False Alarm" means an alarm signal resulting in a response by any department of the City, such as the police or fire departments, when an emergency does not exist. An alarm shall be presumed False if the responding police or fire personnel do not locate any evidence of an intrusion, the commission of an unlawful act, a fire, or other emergency on the premises that properly caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other "violent" acts of nature, shall not be deemed False Alarms.

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9.40.020 - lntoxication in public place prohibited.
71 F. "Person" means any natural person, business, organization, corporation, or other legal entity.

G. "Premises" means any land or building located within the City, except land or buildings owned or leased by the federal government, the State of California, any political subdivision of the State, or any municipal corporation or special district.

8.58.030 Knowingly Making False Alarms Prohibited
It is hereby declared unlawful and a public nuisance for any person to knowingly make or cause a False Alarm within the City. Any person in violation of this Section shall be guilty of a misdemeanor and shall be punishable by a fine of up to 51,000 and up to six months imprisonment per offense. Whenever an Enforcement Official determines that a violation of this Section has occurred, the Enforcement Official shall have the authority to issue an administrative citation to each party responsible for that violation. The City shall be entitled to recover all costs associated with any False Alarm as provided in Chapter 1.19 of this Code. These penalties and remedies are cumulative and are in addition to any other penalties and remedies available to the City by law or in equity.

8.68.040 False Alarm Service Charges
A False Alarm service charge is hereby imposed upon every Alarm User whose Alarm System causes more than two False Alarms within 12 months. A separate charge shall be imposed for each False Alarm in excess of two in the amount set forth in this Code or a Fee Schedule established by resolution of the City Council. However, when an Alarm Business or Alarm User notifies the public safety communication center that there is not an existing situation at the alarm site requiring emergency services response, within three minutes of dispatch and prior to emergency personnel arriving at the scene, no fee will be assessed. The City shall be entitled to recover all service charges and costs associated with any False Alarm as provided in Chapter 1.19 of this Code. The procedures provided in this Chapter are in addition to all other procedures, remedies, and cost recovery options available to the City by law or in equity.

SECTION 7. TMC chapter 9.40 (Prohibition of Public lntoxication) is hereby added, and is to read in its entirety as follows:

Chapter 9.40 - PROHIBITION OF PUBLIC INTOXICATION

9.40.010 - Definitions
For the purposes of Sections 9.40.020 through 9.40.050, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "lntoxicating beverage" means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, or beer and which contains more than one-half of one percent of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

B. "Public place" means and includes any street, alley, sidewalk, parkway, off-street parking area, or park and including the city hall, police station, and fire station in the city and the grounds about the same or other public place within the city.

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9.40.060 - Violations, Penalties, & Enforcement
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It is unlawful for any person to appear at or be in any public place or any place open to public view in the city in a state of drunkenness or intoxication or under the influence of intoxicating beverages.

9.40.030 - Drinking intoxicating beverage in public place prohibited.

No person shall consume alcoholic beverages unless such consumption or possession is permitted upon the issuance of a permit by the city, which shall specify and be valid only for a particular date, time, and designated area.

Any person drinking or consuming any intoxicating beverage in or upon any public place or going in or upon any part of any public place while he is drinking or consuming any intoxicating beverage shall be guilty of a misdemeanor.

9.40.035 - Possession of any alcohol beverage upon public property.

No person shall be in possession of alcoholic beverages unless such possession is permitted upon the issuance of a permit by the city, which shall specify and be valid only for a particular date, time, and designated area.

9.40.037. - Possession of an open container of an alcoho! beverage near posted premises.

No person shall be in possession of an open container of an alcohol beverage unless possession is permitted upon the issuance of a permit by the city, which shall specify and be valid only for a particular date, time, and designated area.

It is an infraction for any person to be in possession of, or to exercise control over, an open or uncovered container of an alcoholic beverage, as defined in Subsection (b) of Section 2 of the Alcoholic Beverage Control Act, while he or she is in or upon the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises.

9.40.040 - Entering vehicle while intoxicated or while drinking intoxicating beverage prohibited.

Any person entering or remaining in or upon any vehicle while such vehicle is on any part of any public street or any other public place when such person is drunk or under the influence of any intoxicating beverage or is drinking or consuming any intoxicating beverage shall be guilty of a misdemeanor.

9.40.050 - Creating nuisance on private premises prohibited.

It is unlawful for any person to create a nuisance on any private premises as a result of drunkenness or intoxication or the use of narcotics.
19 Anyviolation of this section shall be punishable in accordance with Chapter 1.20.010 as a misdemeanor unless specifically designated as an infraction by the enforcement official empowered under this Code to enforce the provisions of this Code. A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion.

SECTION 8. TMC chapter 9.44 (Prohibition of Public Urination and Defecation) is hereby added, and is to read in its entirety as follows:

Chapter 9.44 - PROHIBITION OF PUBLIC URINATION AND DEFECATION

9.44.010 - Legislative purpose.

The purpose of this chapter is to prohibit persons from urinating or defecating in any place except a restroom in order to protect the public from unhealthy conditions resulting from such acts and to promote human decency. For purposes of this chapter the term "restroom" means any room or structure containing a permitted or otherwise approved flush toilet or receptacle for the deposit of human waste such as urine and feces and which is fully enclosed so that the act of urination or defecation is not visible from the exterior of said room or structure.

9.44.O2O - Public urination prohibited.

It is unlawful for any person to urinate or deposit any urine in any place within the city except in a restroom.

9.44.030 - Public defecation prohibited.

It is unlawful for any person to defecate or deposit any human feces in any place within the city except in a restroom.

9.44.UO - Violations, Penalties, & Enforcement
Any violation of this section shall be punishable in accordance with Chapter 1.20.010 as a misdemeanor unless specifically designated as an infraction by the enforcement official empowered under this Code to enforce the provisions of this Code. A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion.

SECTION 9. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Guidelines section 15061(bX3) in that the Ordinance alone does not have the potential for causing a significant effect on the environment.

SECTION 10. lf any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 11. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

LI]CAI I)fiPARilINT
cmof
TAGAPI
LqI.OPARilN
ZU
INTRODUCED at a regular meeting of the City Council of the City of Tehachapi, California on the -- day of:-------,2O2L.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi, California on the --- day of ---------,2021, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

PHILIP A. SMITH, Mayor of
the City of Tehachapi, California
ATTEST:

TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of Tehachapiat a regular meeting thereof held on --------------,2021.

TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California
Published: Tehachapi News
CITY OF TEHACHAP! POTICE DEPARTMENT

COMMUNITY ROOM
220 WEST C STREET

TEHACHAPI

CALIFORNIA

MINUTES

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AG ENCY REGUIAR MEETI NG, TEHACHAPT PUBttC FINANCING AUTHORIW REGULAR MEETING, AND TEHACHAP! CITY FINANCING CORPORATION REGUIAR MEETING
MONDAY, DECEMBER 20, 2O2l- 6:00 P.M.

NOTE: Wi, Sm, Da, Po and Sc are abbreviations for Council Members Wiggins, Smith, Davies, Pogon-Cord and Scrivner, respectively. For example, Wi/Sm denotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.

ACTION TAKEN
rl.

CAIL TO ORDER
Meeting called to order by Mayor Smith at 5:02 pm

ROTL CALI
Roll call by City Clerk Tori Marsh

Present: Mayor Smith, Mayor Pro Tem Davies, Councilmember Pogon-Cord and Councilmember Scrivner

Absent: Councilmem ber Wiggins

INVOCATION
Led by Kerry Taylor, Christian Life Assembly

PTEDGE TO THE FIAG
Led by Councilmember Pogon-Cord

CONSENTAGENDA

AUDIENCE ORAL AND WRITTEN COMMUNICATIONS

1. Public comment

CITY CLERK REPORTS

2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting November 7,2021- APPROVED AND FILED Approved
Po/Da Motion Carried
Abwi
Approved And Filed
Po/Da Motion Carried
Ab wi
Tehachapi City Council Regular Meeting - Monday, December 20,2021- Tehachapi Redevelopment Successor Atency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN rf
rt
:t
tl

FINANCE DIRECTOR REPORTS

3. Disbursements and bills for November 9,2027 through December L4,2021- -

AUTHORIZED PAYMENTS

4. Disbursements and bills for RSI for November 9,2027 through December 14, 2O2I _ AUTHORIZE PAYMENTS

5. city of Tehachapi rreasure/s Report through November 2o2L - RECEIVED REPORT

6. Amendments to Employee Personnel Manual to correct grammatical errors and add additional language regarding the previously adopted calGoveba programADOPTED RESOTUTION NO. 56-2I APPROVING AMENDED EMPTOYEE PERSONNET MANUAT AND REPEATING RESOLUTION NO. 19.20

7. Resolution of the Board of Directors to the Tehachapi Redevelopment successor Agency (RDA): Approved a Recognized obligation payment fthedule (RoPs) for the fiscal period from July L,2ozl through June 30, 2022, pursuant to Health and safety code section 34L17 - ADoprED REsotufloN No. sA 01- 21 APPROVING THE RECOGNIZED OBIIGATION PAYMENT SCHEDUTE FOR THE ANNUAT PERIOD FROM JULY 1, 2021 THROUGH JUNE TO,2022 ("ROPS 2I-22"1

ASSISTANT TO THE CITY MANAGER

8. First reading and introduction of an ordinance complying with Senate Bill 1383 addressing Short-Lived Climate Pollutants -ASSISTANT TO THE CITY MANAGER coREY cosrEttoE GAVE srAFF REPoRT; APPROVED THE FtRsr READTNG AND INTRODUCTION OF AN ORDINANCE OF THE CIW OF TEHACHAP! ADDING CHAPTER 8.05 (MANDATORY ORGANTC WASTE DISPOSAT REDUCTION) TO TITLE 8 OF THE CIW OF TEHACHAPI MUNICTPAL CODE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA

9. Notice of lntent To Comply with the regulations of the Short-Lived Climate Pollutants organics waste Reductions requirements - ASSIsTANT To rHE ctw MANAGER GAVE srAFF REPoRT; ADOPTED RESoLUTtoN No. 56-21ADopflNG

A NOTICE OF INTENT TO COMPIY CONSISTENT WITH THE PROVISIONS OF cALtFORNtA SENATE Btrr 519 (rAtRD, 20211
Authorized Payments
Po/Da Motion Carried
Ab wi
Councilmember Davies Recused
Himself Due To A Pot€ntial
Conflict Of lnterest. He ls An
Employee Of RSI Petroleum.

Authorized Payments
Sc/Po Motion Carried
Abd Da
AbWi
Received Report
Po/Da Motion Carried
Ab wi
Adopt€d Resolution No. 55-21
Approvlnt Amended Employee
Personnel Manual And Repealing
Resolutlon No. 19-20
Po/Da Motion Carried
Abwi
Adopted Resolution No.5a 01-21
Approving The Recognized
Obligation Payment Schedule For
The Annual Period From July 1,
2021 Through June 30,2022
("Rops 21-22")
Po/Da Motion Carried
AbWi
Approved The Fi6t Reading And
lntroduction Of An Ordinance Of
The City Of Tehachapi Adding
Chapter 8.05 (Mandatory
Ortanic Waste Disposal
Reduction) To Title 8 Of The City
Of Tehachapi Municipal Code,
And Making A Determination Of
Exemption Under Ceqa
Sc/Po Motion Carried
Ab wi
Adopted Resolution No. 56-21
Adoptint A Notice Of lntent To
Comply Consistent With The
Provisions O'f California Senate
Bill 619 (taird,2021l
Sc/Po Motion Carried
Ab Wi
Tehachapi City Counci! Regular Meeting - Monday, December 20,2O2l Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN *
*
rf
*

10. Memorandum of Understanding - Federation of Public Service Employees (FPSE Local 1850) -APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN FEDERATION OF PUBTIC SERVICE EMPTOYEES AND THE CITY OF TEHACHAP!

AND AUTHORIZED THE MAYOR TO SIGN
tt. 2O2L-2O22 Salary Plan Amendment #1 to include changes associated with the Federation of Public Service Employees Memorandum of Understanding - ADOPTED RESOLUTION NO.58-2l ESTABLISHING THE SAI.ARY PLAN FOR EACH POSITION CLASSIFICATION IN CITY SERVICE AND REPEALING RESOLUTION NO. t5-2L

PUBTIC WORKS DIRECTOR REPORTS

12. NoticeofCompletion-CityHallAnnexBuildingRoofRehabilitation202lProject - APPROVED THE NOTICE OF COMPLETION FOR THE CITY HALL ANNEX BUITDING ROOF REHABILITATION 2021 PROJECT AND DIRECTED STAFF TO

RECORD SAME

DEVELOPMENT SERVICES DIRECTOR REPORTS

13. Tehachapi Rodeo Grounds Grandstand Retrofit Design Contract - APPROVED THE AGREEMENT BETWEEN D. H. CHARTES ENGINEERING, lNC. AND THE ClrY

OF TEHACHAPI AND AUTHORIZED THE MAYOR TO SIGN

14. Public Hearing request for the formation of an Underground Utility District on Valley Boulevard between Las Colinas Street and Curry Street - DEVETOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; DIRECTED STAFF TO

SCHEDUTE A PUBLIC HEARING DURING THE REGUTAR COUNCII MEETING ON JANUARY 18,2022 TO PRESENT THE CITY,S INTENT FOR THE FORMATION OF AN UNDERGROUND UTITITY DTSTRICT ATONG VAttEY BOUTEVARD BETWEEN

LAS COTINAS STREET AND CURRY STREET AND DIRECTED THE CITY CTERK TO

TSSUE NOTTCE TO AFFECTED PROPERW OWNERS AND UTITITY COMPANIES OF SAID PUBUC HEARING AS REQUIRED IN SECTTON 13.15.020 OF THE CITY'S MUNICIPAL CODE; APPROVED THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNW OF KERN AND THE CITY OF TEHACHAPITO MANAGE THE JOINT RULE 2OA PROJECT, SUBJECT TO CITY ATTORNEY AND CITY

MANAGER APPROVAT

15. Regional Transportation lmpact Fee Program update - DEVETOPMENT SERVICES DIRECTOR JAY SCHTOSSER GAVE STAFF REPORT; APPROVED THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF KERN AND Approved The Memorandum Of
Underctanding Between
Federation Of Public Service
Employees (FPSE) And The City
Of Tehachapi And Authorized
The Mayor To Sign
Po/Da Motion Carried
Ab wi
Adopted Resolution No. 57-21
Establishing The Salary Plan For
Each Position Classification ln
City Service And Repealing
Resolution No.35-21
Po/Da Motion Carried
Ab Wi
Approved The Notice Of
Completion For The City Hall
Annex Building Roof
Rehabllitation 2021 Project And
Directed Staff To Record Same
Po/Da Motion Carried
Ab wi
Approved The Agreement
Between D. H. Charles
Engineering, lnc. And The City Of
Tehachapi And Authorized The
Mayor To SiSn
Po/Da Motion Carried
Ab wi
oirected StaffTo schedule A
Public Hearing During The
Regular Council Meeting On
January 18, 2022 T o Present The
CiVs lntent For The Formation
Of An Underground Utility
oistrict Along valley Boulevard
Between Las Colinas Street And
Curry Street And Directed The
City Clerk To lssue Notice To
Affected Property owne6 And
Utility Companies Of Said Public
Hearint As Required ln Section

13.16.020 Of The City's
Municipal Code; Approved The
Memorandum Of Understanding
Between The County 0f Kern
And The City OfTehachapi To
Manate The Joint Rule 20a
Project, Subject To City Attorney
And City Manager Approval
Sc/Po Motion Carried
Ab wi
Approved The Memorandum Of
Understandint Between The
County Of Kern And The City Of
Tehachapi To Fund An Update To
Tehachapi City Council Regular Meeting - Mondan December 20,2021.

Tehachapi Redevelopment Successor Agency Regu lar Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN :t

THE CITY OF TEHACHAPI TO FUND AN UPDATE TO THE REGIONAT

TRANSPORTATION IMPACT FEE PROGRAM SUBJECT TO CITY ATTORNEY AND

CITY MANAGER APPROVAL

APPROVED THE AGREEMENT BETWEEN TJKM TRANSPORTATION
CONSULTANTS AND THE CITY OF TEHACHAPI IN THE AMOUNT OF 589,950.00

TO PROVIDE PROFESSIONAT SERVICES RELATED TO THE REGIONAT

TRANSPORTATION IMPACT FEE PROGRAM AND AUTHORTZED THE MAVOR TO SIGN

16. Notice of Completion - Green and Davis Street Road Rehabilitation Project -

APPROVED THE NOTICE OF COMPLETION FOR THE GREEN AND DAVIS STREET

ROAD REHABITITATION PROJECT AND DIRECTED STAFF TO RECORD SAME

CITY MANAGER REPORTS

17. Friends of the Depot - Request for donation to purchase Southern Pacific Railroad Caboose - CIW MANAGER GREG GARRETI GAVE STAFF REpORT; APPROVED DONATTON OF s19,000 TO THE FRTENDS OF THE TEHACHAP| DEPOT

FOR THE PURCHASE OF THE SOUTHERN PACTFIC RAIIROAD CABOOSE OWNED

BY GOID COAST STATION, AND AUTHORIZED THE MAYOR TO SIGN AN

AGREEMENT TO TRANSFER THE ASSET TO THE CITY OF TEHACHAPI UPON

COMPTETION OF THE ACQUISITION AND RESTORATION

18. Report to council regarding current events and programs.

COUNCITMEMBER REPORTS

1. CONFERENCE WITH TEGAL COUNSET - ANTICIPATED ttTtGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (d) of Section 54956.9: (Two potential cases)

2. CONFERENCE WITH TEGAL COUNSEL - EXISTING LITIGATION
Paragraph (1)of subdivision (d)of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et al.

The Regional Transportation
lmpact Fee Program Subject To
City Attorney And City ManaSer
Approval
Da/Po Motion Carried
Abwi
Approved The Agreement
Between Tjkm Transportation
Consultants And The City Of
Tehachapi ln The Amount Of
589,950.0O To Provide
Professional Services Related To
f he Regional Transportation
lmpact Fee Program And
Authorized The Mayor To Sign
Sc/Po Motion Carried
Ab Wi
Approved The Notice Of
Completion For The Green And
Davis Street Road Rehabilitation
Prolect And Directed Staff To
Record Same
Po/Da Motion Carried
Ab wi
Approved Donation of 519,000
To The Friends Of The Tehachapi
Depot ForThe Purchase OfThe
Southern Pacific Railroad
Caboose Owned By Gold Coast
Station, And Authorized The
Mayor To Sign An Agreement To
Transfer The Asset To The City Of
Tehachapi Upon Completion Of
The Acquisition And Restoration
Sc/Po Motion Carried
Ab wi
Claim Filed By Clint Davies -
Rejected
Sc/Da Motion Carried
Abwi
Claim Filed By Nicole Thomson -
Rejected
Sc/Po Motion Carried
Ab Wi
No Reportable Action
Tehachapi City Council Regular Meeting - Mondan December 20,2O2L Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN

ADJOURNMENT
The City Council/Boards adjourned at 7:30 p.m. to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Tuesday, January 18,2022 at 6:00 pm.

TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 18rh day
OfJanuary 2022.

PHILIP A. SMITH
Mayor, City of Tehachapi, California
Adjoumed At 7:30 p.m.

CITY OF

TEHACHAPI

CALIFORNIA
COUNC!L REPORTS
MEETING DATE: JANUARY t8,2022 AGENDA SECTION: CITY CLERK

DEPARTMENT

CITY MANAGER

APPROVED
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAT SERVICES D!RECTOR
DATE: DECEMBER 29,2O2L
SUBJECT: DISPOSITION OF CITY OWNED PROPERW

BACKGROUND
The City is in possession of a number of items which are either inoperable or no longer serve a purpose for City business. Prior to donating, selling or disposing of any items, the City Council must adopt a resolution authorizing their disposition.

A list of items set for disposition is attached.

RECOMMENDATION

ADOPT A RESOLUTION AUTHORIZING THE DISPOSITION OF CITY OWNED PROPERTY CITYOF

TEHACHAPI

LEGALDEPARTMENT
RESOLUTION NO.

A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF

TEHACHAPI AUTHORIZING THE DISPOSITION OF CITY OWNED

PROPERTY
WHEREAS, the City of Tehachapi ("City") has in its possession numerous items of personal property which are either outdated or inoperable, a list of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, as to those items listed as "Outdated", they are not able to be updated and therefore have no value for continued use; and
WHEREAS, as to those items identified as "lnoperable", they are either irreparable or cannot be made operable at a cost which justifies doing so; and WHEREAS, as to those items identified as "incompatible", they are not compatible with current equipment needed for its use; and
WHEREAS, pursuant to Government Code Section 37350, the City Council of the City of Tehachapi has the authority to sell, give or otherwise dispose of said property in any manner that it chooses.

NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCTL OF THE CITY OF TEHACHAPI that the city owned property described in Exhibit "A" shall be sold at public bids, donated, or disposed of at the landfill in a manner as is authorized by law. 3 CITY OF

TETIACTIAPI

LEGAL DEPARTMENT
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapiat a regular meeting this 18th day of January,2022.

AYES:

NOES:

ABSTAIN
ABSENT:

PHILIP A. SMITH, MAYOR
City of Tehachapi, California
ATTEST:

TORI MARSH, CMC, CITY CLERK
City of Tehachapi, California
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on January 18, 2022.

TORI MARSH, CMC, CITY CLERK
City of Tehachapi, California
3 CITY OF

TEHACHAPI

LEGAL DEPARTMENT
Exhibit A
Disposition List December 2O2L
Description: Reason for Disposition:

Marquette Mig Welder Model #Mt2t84 lncompatible
Arc Weld er AC-225 (2) lncompatible
Honda Portable Generator EM2200x Outdated
Black Under bed truck toolbox (2) lncompatible
White Under bed truck toolbox Jobox lncompatible
Yellow storage cabinet (2) lncompatible
Arc Welder/Generator Serial #U 1131206124 lncompatible
Swage Pipe tools set lncompatible
3 TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY L8,2022 AGENDA SECTION: CITY CLERK

APPROVED

DEPARTMENT

CITY MANAGE
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES D!RECTOR
DATE: DECEMBER 29,2022
SUBJECT: DESTRUCTION OF RECORDS

BACKGROUND
On April 5, 2O2L, the City Council adopted Resolution No. 11-21, adopting the City of Tehachapi Records Retention Schedule. This records retention schedule consists of a list of all records produced or maintained by an agency and the length of time such records must be retained to fulfill administrative, fiscal and/or legal fu nction.

Staff has determined that according to our records retention schedule it is appropriate to properly dispose of certain city records. The proposed resolution authorizes the destruction of these records that have fulfilled their administrative, fiscal, or legal function. The records have been reviewed by both the City Clerk and the City Attorney and it has been determined that they are no longer required for any purpose.

RECOMMENDAT!ON

ADOPT A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN CITY RECORDS SUBJECT TO APPROVAL BY THE CITY CLERK AND CITY ATTORNEY.

CITY OF

CALIFORNIA
CITYOF

TETIACIIAPI

LEGAL DEPARTMENT
RESOLUT!ON NO.

A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF

TEHACHAPI AUTHORIZING THE DESTRUCTION OF CERTAIN

CITY RECORDS
WHEREAS, the City has certain old and unnecessary records concerning various matters of City business now in the possession of the City Clerk of the City of Tehachapi as described in Exhibit "A" attached hereto; and WHEREAS, it is in the best interests of the City to destroy those records in order to utilize the space required for their storage.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIW OF TEHACHAPI that the City Clerk or her representative are hereby authorized and directed to destroy the records described in Exhibit "A" attached hereto and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meetingthis 18rh day of January 2022.

AYES
NOES:

ABSTAIN:

ABSENT:

PHILIP A. SMITH, Mayor of the
City of Tehachapi, California
1 CITY OF

TEHACHAPI

LEGAL DEPARTMENT
ATTEST:

I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on January 18,2022.

TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California
CITY ATTORN EY APPROVAL:
l, THOMAS F. SCHROETER, City Attorney for the City of Tehachapi, do hereby consent to the destruction of the records hereinabove referred to:

THOMAS F. SCHROETER, City Attorney
2 TORI MARSH, CMC, City Clerk
of the City of Tehachapi, California

CITY OF ,ITHACHAPI

LECAL DEPARTMENT
Exhibit "A"
Description
Cash Receipts Fiscal Year 2016, 20L7,20t8
Timesheets for Fiscal Years 2015, 2016
Utility Billing Reports Fiscal Year 2018
General Ledgers t97t-2OOL
Community Facilities District 89-1; closed 2008; working files, agreements, statements, etc.

Assessment District 83-1; closed 1987; working files,
agreements, statements, correspondence, notes, etc.

Community Facilities District 90-1: closed 2010; working files, agreements, statements, correspondence, notes, etc.

Assessment District 87-1 - Closed mid-1990's: Working files, agreements, statements, correspondence, notes. Etc.

Assessment District 80-1 - Closed mid-1990's; Working files, agreements, statements, correspondence, notes, etc.

Retention
AU+2
AU+4
AU+2
AU+20
f+7
T+7
T+7
T+7
T+7
Code
GC 34090
GC 34090
GC 34090
GC 34090
GC 34090;
Recommendation by
Consultant
GC 34090;
Recommendation by
Consultant
GC 34090:

Recommendation by
Consultant
GC 34090:

Recommendation by
Consultant
3 TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY t8,2022 AGENDA SECTION: CITY CLERK

APPROVED

DEPARTMENT H

CITY MANAG
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: JANUARY LI,2022
SUBJECT: CITY OF TEHACHAPI REDISTRICTING ASSESSMENT

BACKGROUND
As the Council is aware, the City of Tehachapi hired Usgeocoder in November to begin the process of redistricting for the City of Tehachapi. Per the California Elections Code, this process is required every ten years, or sooner if the initial transition was made prior to new census data.

The first step in this process requires an assessment of our current district maps to determine if each council member represents approximately the same number of constituents. Additionally, Assembly Bill 849 requires mandatory considerations for: (1) geographically contiguous districts, (2) the geographic integrity of local neighborhoods or communities shall be respected in a manner that minimizes its division, (3) geographic integrity of a city shall be respected in a manner that minimizes its division, (4) easily identifiable boundaries that follow natural or artificial barriers (rivers, streets, highways, rail lines, etc.) and (5) lines shall be drawn to encourage geographic compactness. ln addition, boundaries shall not be drawn for purposes of favoring or discriminating against a political party.

The attached assessment, completed by Usgeocoder, shows that our current maps are not sufficient under current laws due to population deviation between districts since the 2010 census, and district contiguity due to changes in census block configurations.

RECOMMENDAT!ON

AUTHORIZE USGEOCODER TO PROCEED WITH THE REDISTRICTING PROCESS AND APPROVE THE SCHEDULE AS

ATTACHED HERETO
Y OF

CALIFORNIA
Red istricti ng Sched u le
Dates subject to change
Meeting L: Redistricting Assessment
Public Hearing
Meeting 2: Review of Draft Map(s)
Public Hearing
Meeting 3: Workshop
Public Hearing
Meeting 4: Approval of Map and l-'t reading of Ordinance Public Hearing
Meeting 5: Adoption of Ordinance
January 18, 2027 Council Meeting
February 7,2022 Council Meeting
February 10,2022 Special Meeting
March 2'J.,2022 Council Meeting
April 4, 2022 Council Meeting
USgeoGodeJ"
EVERY PTACE TEttS A STORY
1591 Williamsport Drive
San Jose, California 95131
December 10, 2O2l
USgeocoder LIC
rel: (888) 938-6732
Fax: (4o8) 889-2269
www.usgeocoder.com
Attn: Ashley Whitmore, City Clerk
City of Tehachapi, City Hall
115 Robinson St.

Tehachapi, CA 93561
Via Email Only to : awhitmore@tehachapicityhall. com
RE: Report to the Tehachapi City Council regarding whether the City of Tehachapi must re-district this year.

Dear Mrs. Whitmore and Honorable Members of the Council:

I've concluded, after studying the current districts, changes to Tehachapi's population, and changes to the Census blocks in Tehachapi made in 2020 Census data release which are in effect for this decade, that Tehachapi City must redistrict its city council districts this year. A synopsis of the reasons follows:

California does not have precincts like other states. California uses the Census Block Group as precincts. Census Block Groups are literally groups of Census Blocks arranged by the US Census so that populations are easier to count, measure, and study statistically. California does not allow Census Blocks to be split. Census Blocks must remain whole. Thus, the atoms of arrangement in districting are Census Blocks. If creating districts by Census Block Groups only creates too great an inequality of population between districts, Census blocks can be trimmed from one Block Group and added to an adjacent Block Group to make the populations of the districts more equal.

The ideal goal is to get the inequality of populations between districts as close to 0 as practicable while also promoting permissible state policies. Two California permissible state policies as stated in the Fair Maps Act are contiguity and compactness.

The US Census rearranges Census Blocks every year ending in 9 and uses those blocks to count the US population in every year ending in 0. The population count is released every year ending in l. As a result, of this process, the geographies of Census Blocks and their Groups change every decade. The Census is charged with keeping information gathered by the Census in its community surveys, which are reported by Census Block Group, private to the reporter. In the past decade computer programs have become adept at identifying people and reports they make to the Census accurately if the Census Block Group or Block are too small. So, the Census Bureau consolidated small Census Blocks and Block Groups into larger units. The result is fewer, but on average larger, Census Blocks and Census Block Groups.

For Tehachapi, some Census Blocks that used to define the borders between Districts I and 2, Districts 2 and 5, District 3 and 4 and District 3 and 5 were UtgeoGodGJ"

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Figure 1 identifies 2010 Census blocks 4045 and 4046 being consolidated into 2020 Census Block 2OL7. Former Block 4046 appears to be park land. Assigning it to District 1 does not appear to move people from District 2 to District 1.

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Re: Report Concerning Need for 2021 Redistricting the City Council

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Figure 2, identifies 2010 Census Block 2008 and 2006 that were consolidated into the larger 2O2O Census Block 1005 around the unincorporated farm south of Route 202 and East of Tucker Ave. In 2010 Block 2008 with no resident population was assigned to District 3 while Block 2006 with resident population was assigned to District 4. If Census Block 1005 is assigned to District 4, District 3 loses contiguity since it is connected to the northern half and lower half only by the southeasterly corner of block 1005 to block 4002. If Block 1005 is assigned to District 3, District 3's contiguity is maintained. This shifts District 4 population into District 3, causing District 4's population to shrink and deviate further from the mean of population for the 5 districts.

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Figure 3, shows 2010 Census Blocks 3014, 3019, 3025, 3006, 3023, 3024, and the portion of Block 2027 north of Pinon St. are all 2020 Census Block 2003. The portion of 2010 Census Block 2027 South of Pinon St. has been consolidated with Block 3028 into 2020 Census Block 3002. If District 2 retains Census Block 3002, it must also retain Census Block 2003, in order to remain contiguous, but that would isolate District 5 Census Blocks 2004, through 2008 and 2010 to 2012 from the rest of District

5. It would also shift population from District 5 to District 2 creating a surplus of District 2 population. Moving 2O2O Census Blocks 2003 and 3002 into District 5 moves almost no population but makes District 2 and 5 maintain contiguity.

Figure 3:2020 Census Blocks 2003 and 3002
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Figure 4 shows that Census Block 4OOZ extends north of Alder Drive westwardly to Contrada Lane. Currently District 3 does not extend that far west, stopping at Classico Drive. Extending District 3 westwardly to Contrada Ln. adds population to District 3 from District 5.

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Re: Report Concerning Need for 2021 Redistricting the City Council

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The re-districting process affords minorities a time to claim an "Opportunity District" should be created. In gist, an Opportunity District is a representative district of a legislative body designed to increase the likelihood that a minority can be elected.

To successfully claim an opportunity district should be created, thresholds must be crossed. First, there must be evidence that there is a need for a district because current district structure and voting patterns result in suppression of the minority vote so that minority candidates have significantly more difficulty in winning elections than white candidates, and, as a result, the governing body short shrifts the ioncerns and interests of the minority. Second, there must be evidence the minority and majority populations vote only for candidates from their own race or ethnicity. (Ifuown as voting in blocks.) Third, there must be sufficient numbers of the minority registered to vote in the communities in question to be able to make a difference in the outcome if the district were to be created. Fourth, there must be evidence that the minority do vote when given the opportunity.

The US Census counts population of prison inmates as residents of the district in which they are incarcerated. California requires inmates be counted as residents of their last known pre-incarceration address. This is the "Adjusted Census population" I used in DRA2020 when analyzing populations of Tehachapi's current city districts.

I noticed that District 5 is a majority minority district that has voted for a white councilman. Perusal of the population distributions by race and ethnicity of each district and Census Block in Tehachapi did not reveal any group of Census Block Groups with a minority or Hispanic ethnicity large enoughlo cieate an opportunity district for a single minority or ethnicity. District 5 whiih already fits the definition of a potential Opportunity District made up of a coalition of Hispanics and African Americans because those two populations combined comprise the majority of District

5. Based on these observations, I believe any attempt to build another minority opportunity district during any re-districting that may occur will be futile. Moieover, since District 5 elected a white candidate from its minority white population district, there is no evidence on which to base a claim that District 5 should iemain an Opportunity District either for the coalition or for the white minority.

On the following two pages are Figure 5 and Table 1.

Figure 5 shows the districts redrawn as suggested above to maintain contiguity and compactness between eisting districts but not adjusted for population bala"nce.

Table 1, titled "Population Stats Current Tehachapi Modified to Whole Blocks", shows the resulting populations of the 5 districts shown in Figure 5. The spread between the least populated and most populated district is a deviation of il.B+X plrt to L6-82% minus the mean, for a total deviation of 34.65%. This could be successfuUy challenged in court as violating the one man one vote rule.

Tehachapi City Council
Report Concerning Need for 2021 Redistricting the City Council

Page 6 ends

December 09,2021
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www.usSeocoder.com
Table 1: Population Statistics for Tehachapi Current Districts Modified to Whole 2O2O Census Blocks.

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Respectfully submitted for your consideration and receipt of public comment.

All interested persons are asked to submit questions and comments as directed by the City Council. I shall respond as the Council permits and in the manner it directs.

Mitchell J Pearce, CEo and Minority Managing Member of USgeocoder LLC To:

Re:

Tehachapi City Council
Report Concerning Need for 2021 Redistricting the City Council

Page 9 of 9 ends

December 09,2021

TEHACHAPI

COUNCIL REPORTS
MEETING DATE: JANUARY 18,2022 AGENDA SECTION: CITY CLERK

APPROVED

DEPARTMENT HE

CITY MANAGER
TO: HONORABLE MAYOR SMITH AND COUNCII. MEMBERS
FROM: ASHTEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: JANUARY L2,2022
SUBJECT: AGREEMENT FOR IT SERVICES

BACKGROUND
ln October 2014, the City of Tehachapi hired Diamond Technologies to provide system integrator and lT helpdesk consulting services. Since that time Diamond Technologies, lnc. has completed a number of projects to bring the City up to speed with current technologies, including the implementation of offsite backups, a Citywide VolP system, computer system upgrades, the virtualization and consolidation of servers, mobile PCs in squad cars, among other things.

Our current agreement with Diamond lT, which has since expired, is billed at a monthly rate of 519,780, which includes unlimited helpdesk services for 89 users, 100 workstations, and 14 servers, any emergency afterhours services, management of lT infrastructure, including servers, workstations, VolP system, access control, security camera, Wi-Fi, and monthly health reports, vendor management, backup data recovery services, managed security services, including firewalls, anti-virus, anti-spam and dark web monitoring, and licensing costs for antispam, anti-virus and off-site backup software. The cost also includes professional services, including quarterly business reviews and goal alignment, among other things.

The proposed agreement is for an additional 3 years and includes several service additions, such as:
. 3'd Party Patching - Services will now include automated patching of 3'd party software . Microsoft 355 Backup - a 3'd party service that backups up Microsoft 365 applications (i.e., one Note, SharePoint & One Drive). Microsoft does not currently provide this. . Multi Factor Authentication licenses - Will require project to deploy. . Upgraded Anti-Virus software to Managed End Point Defense that includes Anti-Virus functions.

The proposed agreement also includes a change to service, removing PC deployments from the listed inclusive services, and treating all PC deployments as projects.

C ITY O F

CALIFORNIA
The new service agreement will be billed at S21,860.0O monthly, this includes the additional services and labor/service price increases. This amount is 52,080 above our monthly budgeted costs. lncreasing the contract services budget by 510,400 for the remainder of the fiscal year. All other services will be provided separately at T&M hourly rates as previously approved.

APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND DIAMOND TECHNOLOGIES, INC AND

AUTHORIZE THE MAYOR TO SIGN

Page 2 of 2 ends

FISCAL IMPACT

RECOMMENDATION

AGREEMENT
THIS AGREEMENT (the "Agreement") made this ____ day of January, 2022, by and between the CITY OF TEHACHAPI ("City") and DIAMOND TECHNOLOGIES, INC., a California Corporation ("Consultant"),
W I T N E S S E T H:

WHEREAS, City and Consultant entered into that certain agreement dated November 20, 2017 to provide information technology and related services which has expired and the parties wish to enter into a new agreement (the “Agreement”) for Consultant to perform the services described in Exhibit “A” attached hereto and by this reference made a part hereof (the “Services”) pursuant to the terms and conditions described hereinafter.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:

1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. City hereby contracts with Consultant to perform the Services and Consultant agrees to provide the Services under the terms and conditions hereinafter described.

3. Consultant shall provide the services described in Exhibit A attached hereto and by this reference made a part hereof (the "Services"). City shall pay a monthly fee of $21,860.00 (the "Monthly Fee"), payable in advance on the first day of each month. City may request additional Services as more particularly described on the last page of Exhibit “A” (the ‘Additional Services”) which shall be provided by Consultant for the fee described for the Additional Services.

4. The term of this Agreement shall be for three (3) years from February 2, 2022 to and through January 31, 2025, provided, however, that City may terminate this Agreement at any time upon thirty (30) days prior written notice and in that event, Consultant shall be entitled to payment for those Services rendered through the date of termination provided satisfactory to City.

5. Consultant shall indemnify, defend and hold harmless City, its officers, Councilpersons, employees, and agents from any and all claims, liabilities, expenses, and damages, including attorney's fees, arising out of or in any way connected with any act or omission by or on behalf of Consultant but only to the extent caused by the act or omission by or on behalf of Consultant. Notwithstanding the foregoing, Consultant shall not be responsible for the loss of data under any circumstances.

6. Without limiting Consultant's obligations under Paragraph 5 of this Agreement, Consultant shall obtain and maintain during the life of this Agreement:
(a) Comprehensive general liability insurance coverage, including premises – operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $1 million per occurrence and automobile liability for owned, hired, and non-owned vehicles;
(b) Such workers compensation insurance as required by statute.

Consultant shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing in which City, its officers, Councilpersons, employees, and agents are named as additional insureds and specifically designating all such insurance as "primary," excluding professional liability insurance, and providing further that same shall not be terminated nor coverage reduced without ten days prior written notice to City.

7. Consultant shall not assign its interest herein or any part thereof and any attempted assignment shall be void. All documents, reports, information, data, exhibits, maps, tables, charts, and all other matters generated by Consultant shall be the property of City and shall be delivered to City upon demand without additional costs or expense to City.

To the extent necessary in order for Consultant to perform its services under this Agreement, Consultant may access all City Department files as necessary, provided, however, that Consultant shall not allow any person, whether employed by Consultant, representative of the City, or other third party to access the files of the City's Finance Department or the City's Police Department except for City personnel authorized in a writing by the City Manager to do so or the City Finance Director (if access is requested to the Finance Department files) or the Police Chief (if access is requested to the Police Department files).

8. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the party to whom directed if personally served or if faxed or if sent by electronic mail ("Email") or when deposited in the United States mail, postage prepaid, first class, addressed as follows: If to City, City Manager, 115 South Robinson Street, Tehachapi, California 93561, Fax – (661) 822-2197, Email - [email protected]; or if to Consultant, Diamond Technologies, Inc., 8701 Swigert Court, P.O. Box 9007, Bakersfield, California 93389, Fax – (661) 833-5608, Email – [email protected]. Any party may change its address or fax number by giving notice to the other party in the manner herein described.

9. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

10. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

11. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.

12. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

13. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and actual costs.

14. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached with the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

15. Notwithstanding any provision to the contrary, this Agreement shall not become effective and shall not be binding as to any party until all of the parties have executed this Agreement.

16. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.

17. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.

18. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.

19. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

20. Consultant agrees to take all reasonable measures to protect City's computer systems from computer viruses, including installation and maintenance of the latest versions of anti-virus software. Any computer viruses existing as of the date of this Agreement may be removed by Consultant at City's request and at City's sole cost and expense.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
__________________________________
PHILIP A. SMITH, Mayor of the City of
Tehachapi, California
DIAMOND TECHNOLOGIES, INC., a
California Corporation, "Consultant"
By: _______________________________
MIKE LEFTWICH, Vice President
F
Friday, December 03, 2O2L
City of Tehachapi
Ashley Whitmore
115 S. Robinson St.

Tehachapi, CA 93551
awhitmore @tehacha picityha I l.com
Dear Ashley,
As discussed I have prepared the following ManageCentric Complete lT Support agreement to renew our contract with the City of Tehachapi. The following proposal details the renewal of your ManageCentric Complete (MCC) Support Agreement for a 3-year term. We have included the chart below to compare agreement changes and also highlight the availability of our virtual Chief lnformation Security Officer (vClSO) service available upon request.

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Service flgreenrent Options
Estimated Nonthly Fee
h,tanaged Indpo*nt Befense {Anti-Virus}
[{lanaged Anti-Spanr
Nilanaged Patrhing
Erna*tr Encryption 5erv$ce
Breach Setectiqn
Sark Web h,lonitoring
Security, Awereness frar n ing P$stforrn
Quarterly Fhishi ng Tesr Canrp-:lgns
Mannged Flreura$$ Maintenance
Managed Server Backups
Offsite Server Sarkup Heplication
Bisaster Recouery-E rnergency Vrrtt-nal Boot fapablil$ties Froactive Maintensnce {Seruers & Netw*rk}
Regular vCTO [,Ieeting
Siscaunted Labor Rstes for Support & Project
Fixed Fee Help Selk & Support
Managed }rd Party Fatching
Microsoft 155 Backup User Licems$ng
Mr.llti-sactor Authentication User Lirense
Qr.rarterly Security fieuiews
Custorn (yhersecurity Flanning
Security Froduct Gr.lidance
Cyber lnsurance fteview
Quorterly lnternallExternal Vuln. Scanning
trnformation Security Policy Relriew and Assistance
Cornpliance Rel.iew ond Assxstance tHlFPA, HIST. DOI/DODI fl55P Conrpliance Attestatiun
Current Services Complete
$ t"g,?go.oo 5 rt.g6o.oo $
VCTSO
{Add on}
1,365.00
Quote #006037 v3 Page: 2
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870L Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-s600
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. Advanced Managed Endpoint Defense solution with Ransomware protection features o New and improved Security Awareness Training Platform o Managed 3rd party software patching
o Microsoft3S5 Backup User licensing
. Multi Factor Authentication licensing (Deployment project required) All monthly pricing is based on the number of users and devices for a 3 year agreement. The pricing in this proposal is an estimate. Changes to quantities including users, workstations, servers, locations, and storage will affect monthly service fees. Complete support applies to included devices in the agreement. Un-managed devices will be supported at T&M hourly rates. The proposed fees are based on the following assumptions:
. Users:89
. Workstations:100
. Servers: 14
To proceed with the proposed recommendations simply sign the authorization page with detailed pricing. We appreciate the opportunity to serve you and look forward to working with you.

Michael Leftwich
VP/GM
DiamondlT
\-/
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Quote #006037 v3 Page: 3
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Bakersfield, CA 93311
833-5600
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ManageCentric Complete is based on a fixed monthly payment amount. This makes lT support an easy to manage predictable budget that can scalebasedonyoureverchangingneeds. LeavethelTtoussoyoucanfocusonyourbusiness! ManageCentricCompleteincludes DiamondlT's security and business continuity tools, proactive support services, business strategic planning and advisory services and end user help desk services. Here is a break down of each ofthese areas:

SecureCentric includes:
r Anti Virus software - Workstations, Laptops and Servers o Breach Detection with Managed SOC and Threat Hunting
o Monitoring and Automation
o Automated Operating System Patching
r Automated 3rd Pafi Software Patching
. Spam Filtering
r Email Encryption
r Dark Web Monitoring - Business Domain
o Security Awareness Training Management Platform
r Quarterly Security Awareness Training Phishing Tests
r Microsoft 355 User Backups
r DeslGop Multi-FactorAuthentication User Licenses (Deployment Project Required) ,A.

BackupCentric services include
. Local backup
. Up to 1TB of Offsite Backup storage per server/per month (S.SO per GB Over 1TB) o Offsite virtualization Disaster Recovery Services capability . Regularly scheduled backup validation check
Managed Firewall seruice includes:
. Firmware, Security Updates (requires purchase of a supported firewall devices and valid Total Security licensing) Regular Server and Network Maintenance:

Maintenance is vital to your business. DiamondlT takes preventative measures to ensure the health of our client's servers and environments.

DiamondlTs maintenance program ensures all network servers are maintained regularly to ensure the maximum up-time of your network. Maintenance for supported systems include:
. OS patch updates
. Firmware updates
. System Log review
o Server Memory allocation, hard drive space and CPU checks . And more
Help Desk & Support
o 8x5 Mon - Fri Remote lT support
r Vendor Management (LOB, Printer(s), POS, Telco Carriers, Surveillance Camera's, VolP) . State ofthe Art Ticketing Portal
Quote #006037 v3 Page: 4
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Bakersfield, CA 93311
www.diamondit.pro
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Bakersfield, CA 93311
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DiamondlT will provide regular performance reports offering a clear view into the health of your network and systems. labor Discount:

DiamondlT includes a 10% discount off of our published hourly labor rates with enrollment into our ManageCentric Complete program. Complete support applies to included devices in the agreement. Un-managed devices will be supported at T&M hourly rates. \-/
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Quote #006037 Page: 5
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ManageCentric Complete Monthly Service - 3 Year Agreement ManageCentric Complete User
Each Additional User: 5 rc+.lS
ManageCentric Cornplete Servers
Servers - Each Additional Server : S31 l.LL
ManageCentric Complete Agents for Windows
Each Additional Workstation : Stg.O0
ManageCentric Complete DarkWeb Scanning
Each Additional Domain: SSS.OO
Description
2 Monthly Subtotal
Subtotal
$zt,gsg.90
521,9s9.90
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Quote #006037 v3 Page: 6
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8701, Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(66L) 833-s600 \
Recu rring Price atv
89 L4
100
Ext. Recurring Ext. Price
Accounts Payable
Checks bv Date - Detail bv Vendor Number
User:

Printed:

Ch€ck No Vendor No
Invoice No
afrescas
l/3/2022 l:29 PM
Vendor Name
Description

CITY OF

TEHACHAPI

CALIFORNIA
Check Date
Reference
CheckAmourt
ACH 0017
596424
596424'A
596424-B
006r
0097232
ACH 0101
RMA2022-2037
RMA2022-203?-A
RMA2022-203',7 -B
RMA2022-2037-C
RMA2022-203?-D
RMA2022-203 7 -E
RMA2022-2031 -F
RMAJOZ2 203',7-G
RMA2022-2037-H
RMA2022-2037,1
RM 42022-203 7 -I
RMA2022-2031-K
RMA2022,203 7 L
RMA2022-203',7 -M
RMA2022-2037-N
RM A2022-203't -O
RMA2022-2037-P
RMA2022-2037-Q
RMA2022-203?-R
RMA2022-2037-S
RMA2022-2037-T
RMA2022-203',7 -U
RMA2022-2037-V
RMA2022-2037-W
RMA2022-2017-X
RMA2022-203',7 -Y
RMA2022-203',7 -Z
RM A2022-203',7 -ZA
American Business Machines
Pwcopier Usage
Wtr/Copier Usage
Sur/Copiei Usage
Total for this ACH Check for Vendor 0017:

Total for Vendor 0017 (American Business Machines):

BSK Associates
SwrAth Qtr 2021 Groundwater Moniroring
Total for thisACH Check for Vendor 0061:

11.06 I1.05
I1.05

33.16 ACH

33.16 5,500.00
5,500 00
Total for Vendor 0061 (BSK Associates):

Central San Joaquin Valley RMA
GG/3rd Qrr 2021-22 Liabiliry
slrrs&Rds/3rd Q'tr 2021 -22 Liability
Retus€/3rd Qtr 2021-22 Liability
Wtr/3rd Qtr 2021-22 Liability
Swr/3d Qtr 2021-22 Liability
Transir3rd Qtr 202 I -22 Liability
Air/3d Qtr 2021-22 Liability
GG/3rd Qtr 202 I -22 Workers Comp
Fin/3rd Qtr 2021-22 Workers Cornp
PW3rd Qrr 2021-22 Worken Comp
DSDBTd Qft 2021-22 Workers Conp
IT/3rd Qtr 202 I -22 Workers Comp
ED/3rd Qtr 2021-22 Workers Comp
PD/3rd Qtr 2021-22 Workers Conp
Council/3rd Qtr 2021-22 Workcrs Comp
Ccl3rd Qrr 2021-22 Workers Comp
Treas/3rd Qlr 2021-22 Workers Comp
Strts&Rds/3rd Qtr 2021-22 Workers Comp
Ref/3rd Qtr 202 I -22 Workers Comp
Wtr/3rd Qtr 202 I -22 Workers Comp
Swr/3rd Qtr 2021-22 Work€rs Comp
Trans/3rd Qtr 2021-22 Workers Comp
Air/3rd Qtr 2021-22 Workers Cornp
LLD/3rd Qtr 202 I -22 Workers Comp
LLD/3rd Qtr 2021-22 Workers Comp
LLD/3rd Qtr 202 I -22 Workers Comp
LLD/3rd Qrr 202 I -22 Workcrs Comp
LLD/3rd Qrr 202 I -22 Workers Comp
5,500.00
38,128.51
1,981.54
3,831.93
22,335.',74
34,622.41
875.92
6,985.95
591.61
t't4.89

2.2lL.65
2,282.53
7 t.l2
t76.35
13,341.01

89.36 160.81

13.06 957.95
131.56
s,269.42
3,37 | .23

48.84 907.20

21.29 l0.92

38.20 229.22

92.78 AP Checks by Date - Detail by Vendor Number (l/3/2O22 l:29 PM\ Page I Check No Vendor No Vendor Name Check Dste CheckAmount
Total for this ACH Check for Vendor 0l0l:

Total for Vendor 0l0l (Central San Joaquin Valley RMA):

State of Califomia Department ofJusrice
PD/Livescar/Z Page/Noal (Diamond IT)
Total for lhis ACH Check for Vendor 0127:

Total for Vendor 012? (State of California Department ofJustice):

P&J Electric Inc.

PWFuel Pump
Total for tbis ACH Ch€ck for Vondor 0 I 82:

Total for Vendor 0182 (P&J Electric Inc.):

Liebert Cassidy Whitrnore
PD/Legal Services thru Nov 30 2021
GC/L€gal Services thru Nov 30 2021
Total for this ACH check for vendor 0260:

Total for Vendor 0260 (Liebert Cassidy Whitrnore):

Mission Linen & Uniform Service
PWLinen Maintenance
Sv/rI |IMTP Mats
PWI-inen Maintenance
S*T/WWTP Mats
Total fo! this ACH Check for Vendor 0300:

Total for Vendor 0300 (Mission Linen & Uniform S€rvice):

Southem Califomia Edison
LLD/8000844933n I 5 Ma:uanita Sy'Nov S-Dcr,
srrts/8000850180/209 E Highline Rd Pe Nov 5
LLD/8000191339/ I I 99 Canyon Dr East/Nov 5-I
LLD/E0001 92404/ | 200 S DennisonNov 5-Dec '
LLD/8000193438/l202 S Dennison/Nov 5-Dec
LLD/80001 95 859n 000 Canyon Dr WNov 5-D€
Swr/8003048390/755 Steuber Well/Nov 5-Dec 7
Strtv8001470568/ 1300 Goodrick Dr #Z,Nov 5-I
Air/80026?2984/415 N Dennison/Nov 5-Dec 7 2
Drain/800I I I5579/409 Bailey CVNov 5-Dec 7 2
Wtr/80013405 t4l358 East D St4qov ,l-Dec 6 20:

Wt /8001468 I I 9/Whit€ Oak Extend-E Curry/No
Strtv8003135063/800 S Curry St #A,Nov l6-De
Air/8001026848/101 CommercislWay/Nov l7-I
CG/8003354652/l l5 S Robinson St/Nov l?-Dcc
DSD/E003367862/117 S Robinson St/Nov l7-D{
138,965.00
138,965.00
9E.00
ACH 0127
5509't9
ACH 0182
1411
0260
209984
209985
9E.00
18,186.94
18,186.94
ACH
18,186.94
1,215.00
3,306.00
4,522.00
A
'II
4,522.00

70.31 23.r7

70.31 23.17
0300
516111565
5l6tll566
s16147276
516147211
ACH 0372
0282021
0282021-A
0282021-B
0282021-C
0282021-D
o2a202t-E
02a2ur-F
o2E202t-G
0282021-H
o2a2a2l-l
t2tD202l
12102021-A
t2162021
t2t72021
t2t72021,4
12t72021-B
186.96

20.81 2D.t2

20.31 20.31

22.43 20.76

68.30 t9.47

52.59 38.53
2,194.89

73.69 60.74

60.74 1,066.41
318.54
AP Ch€cks by Date - D€tail by V€ndor Number (l/3/2UZ |29PM) Page 2 Check No Vendor No
lnvoic€ No
Vendor Name Check Date
Refer€nce
Check Amount
12172021-C
1272021
127202t-A
t27202t-B
12',t2021-C
t272021-D
0r'.26
1232021
1232021-A
1232021-B
t232021-C
1232021-D
1232021-E
1232021-F
1232021-G
1232021-H
123202r-r
1232021-l
Air/800103?981/409 Bryan Ct/Nov l7-Dec l6 2
LLD/8003382785/180 ValleyNov 4-Dec 6 2021
Wtr/8004628073/129 Brentwood DrNov 4-Dec
LLD/8001628l3l/3II Sutter SL^lov 4-Dec 6 20:

LLD/8001628562/501 l/2 PinonNov 4-Dec 6 2l
LLD/8000259694/I l0 l/2 Sutter St4\,lov 4-Dec (
220.69

20.t2
2,600.55

20.96 20.31
\9.79
Total for this ACH check for Vendor 0372:

Total for Vendor 0372 (Southem Califomia Edison):

The Gas Company
Police Dept #128-516-9602-6Nov 1s-Dec 15 2C
Annex #008-817-0200-5Nov 15-Dec 15 2021
City Hall #065-51?-0400-7Nov ls-Dec 15 2021
Airpon #010-916-9998-l/Nov l5-Dec l5 2021
Visitor Center #105-616-5,146-6Nov l5-Dec l5
Total for this ACH check fo. Vondor 0395:

Total for vendor 0395 (The Gas Company):

Tehachapi-Cummings County Water Distri(
Wtr/Ch€mtool Landscape,Nov 2021
Wtr/Henway Lardscap€,Nov 202 t
Wtr^ffaste Mgmt Landscap€/Nov 2021
WIr/TUSD Landscap€,Nov 202 t
LlD^ffarrior Park Landscape/Nov 202 I
LLD/COT I-andscape,Nov 2021
LLD/COT Median/Nov 202 I
Wtr/TUSD-DN2Nov 202 I
WII/TUSD-DN4AJoV 2021
Wtr/I u-SD-DN6Nov 2021
WhiTUSD-DN8/Nov 2021
Total for lhis ACH Check for Vendor 0426:

Total for Vendor 0426 (Tehachapi-Cummings County Water District):

Tehachapi Flower Shop
Sue Wiggins & Family/Sympathy
Key Budge - Get Well
Total for this ACH Check for Vendoi 0428:

Total for Vendor 0428 (Tehachapi Flower Shop):

Tehachapi News
City Cl€rk Muni Codes/Code Enf#1-3
PWA,taintenanc€
Total for this ACH Chcck for Vendor 0431:

Total for Vendor 041| (Tehachapi News):
6,98r.06
ACH 0395
12202021
12202021-A
1220202t-B
1210202t-c
12202021-D
6,981.06
599.53
281.83
222.1'1
16t.24

23.41 1,288.l8
ACH
ACH
I,288. t8

98.30 4.50
126.39
136.6t
546.54
723.69
3',t.62
|,392.64
530.05
280.'75
67 |.41
4,548.50
0428
r2t32021
1262021
ACH 0431
1t 21109028
1t 2l109028-A
4,548.50

50.00 64.95
114.95
I14.95
410.l0
214.00
684.l0
684.10
AP Checks by Date - Detail by Vendor Numb€r (\/3/2022 1:29 PM) Page l Chcck No Vendor No
Invoice No
V€ndor Nrme Check Drte
Reference
CheckAmount
ACH 0,141
7314't829
M50
815851
8l5E6l
0476
282902
2E3305
Vulcan Materials Company
WtrMater Scrvice Patching 514.44
Total for this ACH Check for Vendor 0441:

Total for Vendor 0441 (Vulcan Materials Company):
514.44
ACH 0689
2\12-t2ao2a
USA Bluebook
Wtrnv{a.king Paint
Wtr1Pip€ Locator
Pionee! True Value Home Cetrtel
PWIce Melter foi Sidewalks
514.44
336.38
140.91
Total for this ACH Check for Vendor 0450:

Total for Vendor 0450 (USA Bluebook):

WTITS Everything for the Ofice
Gc^ibelsnen Ref ill/Piotector SheetyFitc Fold,
CG/Copy Papsr
Total for this ACH Check for Vendor 0476:

Total for Vendor 0476 (WITTS Everythiry for the Office):

BSE Rents
Strts/Propane for Hot Parcher
Strts/Propan€ for Hot Patcher
Sb{s/Propane for Hot Patcher
Total for this ACH Check for Vendor 0543:

Total for Vendor 0543 (BSE Rents):
47't.29
ACH
477.29

92.55 t9.28
l l l.83
0543
279746
281309
282942
1286
51461
5t579
51E 14
111.83

88.49 121.80

78.89 289.lE
289.18
155.41
Total for this ACH Check for Vendor 0689:

Total for Veidor 0689 (Pioneer True Value Hom€ Center):

M&M's Sports Unifoms & Embroidery
Employee Recognition Christmas
Cc^teeting Table Covers
Cast Plaque^v{atthew Rails
Total for this ACH Check for Vendor I 286:

Total for Vendor 1286 (M&Ms Sports Uniforms & Embroidery):

Auto Zone 5345
PD/TE-3 I Strut Parts
155.4t
ACH
155.41
?8.10
258.30
266.06
602.46
ACH 1365
5345542004
602.46
t39.62
AP Checks by Date - Detail by VendorNumber (1/3 /2022 l:29PM) Page 4 Check No Vendor No Vendor Nrme
Invoice No Descriptlon
Check Drte
Referenc€
CheckAmount
Total for this AcH check for Vendor I 365:

Total for Vendor 1365 (Auto Zone 5345):

Bowman Asphalt Inc.

Hydrrnt Meters CR#0O586E26 & 00593522 Inv
Total for this ACH Check for Vendor 1404:

Total for Vendor 1404 (Bowman Asphalt Inc.):

Kern Tirrf Supply Inc.

StrtsArrigation Supplies
Pwlnigation Supplies
LlD/Iirigation Supplies
Total for this ACH Check foi Vendor 1413:

Total for Vendor l413 (Kern Turf Supply Inc-):

Soils Engineering Inc
Snyder Gap
Snyd€r Gap
Total for this ACH Check for Vendor 1417:

Total for Vendor 1417 (Soils Engineering Inc):

Springbrook National User Group Inc
Fin/Membership Renewal
Tolal for this ACH Ch€ck foi Vendor 1674:

Total for Vendor 1674 (Springbrook NatiorEl User Group Inc):

State Water Resources Control Board
Swr/Wastewater Crrade 3 RE-Exam/B Hefreman
Tolal for this ACH Ch€ck for V€trdor 1869:

Total for Vendor 1869 (State Water Resources Conaol Board):

Kevir Phillips
PWShop Roll-Up Door Repair
Tolal for this ACH Check for vendor 1958:

Total for Vendot 1958 (Kevi! Phillips):

SSD Systems
Ann€rdAlarm S€rvicesdan 2022
139.62
139.62
r78.97
ACH
ACH
ACH
1404
t272021
t74.9'l
ACH t4t3
130462
130462-A
130462-9
t4t1
32727
32860
17E.97

59.22 177.96
118.78
4r5.96
415.96
3,350.60
4,588.20
7,938.E0
ACH t674
3504
7,938.E0
175.00
175.00
230.00
r869
9t32021
ACH 1958
029434
ACH 1982
R-00336241
230.00
230.00
200.00

49.00 AP Ch€cks by Date - Detail by Vendor Number (I/3/2O22 lt29 PM) Page 5 Check No Vendor No
Invoice No
Vendor Nam€
Deicription
Check Date
Reference
CheckAmount
ACH 20/.1
307059
R-00336241-A
R-00336241-B
R-00336241-C
R-00336241-D
R-00336241-E
R-00336241-F
R-00336241-G
R-00336241-H
R-00336241J
s-01063004
s-01063004-A
s-01063004-8
s-010630&-c
2592
wD-0191200
wD-o193130
Fied C. Gilbert Co.

Wtr/Injection Check Valve
Public Works/Alarm ServlcEsfi an 2022
Wtr/Water Treament/Alarm S€rvices/Jatr 2022
Swr&ater Trcatrnen/Alarm Services/Jan 2022
Wtr/Water Storag€/Alarm S€rvices/Jan 2022
Swr^ffater Storage/Alarm Services/Jan 2022
RR D€povAlarm Servic€s/Jan 2022
City Hall/Alarm ServicevJan 2022
AirporvAlarm Services/State-Cty Tax,4an 2022
Police Dept/Alarm Scrviceysrare-Cry TarJan 2(
Pwrupdate Key Cod€s
RR D€pot/updat€ Key Cod€s
Ccrupdate Key Codes
PDrupdate Key Cod€s

49.66 33.09

33.08 27.48

27.47 84.37

45.00 69.99
2l l 58
3t.25

31.25 31.25

31.2s
Total for this ACH Check for Vendor 1982:

Total for Vendor I 982 (SSD Systems):
155.'12
755.12
566.28
ACH
ACH
566.24
39,560.00
3,326.00
Total for this ACH Check for Vendor 2M7:

Total for Vendor 2M? (Fred C. Gilben Co.):

SWRCB Fees
Swr,q/WTP Discharge Permit Jul I 202 I to Jun
SWi/WWTP Collection Fee Jul I 2021 to Jun 30
Total for this ACH Check for Vendor 2592:

Total for Vendor 2592 (SWRCB Fees):

Holliday Rock Co. Inc.

Strls/Raise to Ciiade - N Creen
Total for lhis ACH check for Vendor 2600:

Total for Verdor 2600 (Ilolliday Rock Co. Inc.):

Home Depot Ciedit Services
PWDepot Tile Repair
PWGFCI for Christinas Decorations
PWTools
PWAnnex Cciling Repair
Wtr/Iools
Wtr/Street Repair
Pwsafety Gloves
Pw/Tools
PWTrash Bags
LLD rrigation Rcpair Orchard clen
Air/Repairs to Pavement
PWGFCI for Christmas D€coraiions
PWTools
Pw/Tools
42,886.00
2600
1352161
42,886.00
446.70
446.'t0
ACH 2695
A-5t4453
B-5t4464
c-9514636
D-9522178
E-8134081
F-8134081
G-8610863
H-8610863
I-8610864
J,8610881
K-8620908
L-6522353
M,6522353
N-6621024
446.70

7.54 26t.92
t32.09
9l.61

57.73 2t.36

10.60 t5.23
149.53

18.97 10.36
141.42

67.47 44.86
A? Checks by Date - Detail by Vendor Number (l/3/2022 l:29PM\ Page 6 Check No Vendot No
Invoice No
Veddor Nrme
Description
Check Drt€
Referelc€
Check Amount
o-2022335
P-2100454
Q-2522605
R-2522609
s-1010790
T-l1004?0
u-1611476
v-1611485
w-1611487
x-l6t 1535
Y-515205
2-6115a2
zA-8022751
zB-6022980
zc-6522996
zD-4023147
zE-4510002
zF-4510012
zG-4523121
zH46t22t4
2l-4612214
z!46122t6
zK-462t163
zL-4621778
zM-9023504
zN-9135007
zo-95t0355
zP-9510429
zQ-a023616
zR-a304917
zs-8510494
zT-8622099
zu-'70 322
zv-'73M925
zw-'7 510534
zx-6510639
zy -6612869

11.34 6.l0

8.39 4.42

7.01 83.r 8
269.79

50.14 9.91

74.80 13.57

51.82 81.46

15.96 88.95

44.47 3.99

45.O2

11.07 16.80

71.71 55.39

9.67 15.54

60.20 323.44

33.29 8.90

24.54 49.49

87.99 7.O7

35.69 2t.72
3t.92
138.35
Pwchrisimas Tree llardware
Wtr/Dennison Well
Pwlrrigation Repair Ash village
Pw^nigation R€pair Ash Village
Wtr/Watc. S€rvice Rcpair-Chestmut Ct
Pwchristmas Decorations
PWGFCI Christmas Decorations
Wtr/Tools
Wtr/Christmas Decomtions
PWPark & Ridc Trcc Stakcs
Pw/Christmas Decomtions
Swr/Power & Liehts for D€water Building
PWE-212 Basket Repair
Air/Serv€r Room
Strts/Stop SignDo Not Enter - S. Green
PWAnnex Microwave Mount Rcpair
Airlsupplies
Air/SuppliesPw,ry-24 Tools
PWKeys
LlDArrigation Suppli€s-Orchard Glen
PWTools
PWAnncx Mictowave Repair
Pw/I-ighter
Strts/Concrete for Gr€en St/Signs
WtrFuel
PwRestroom Repair at Dep'ot
PWTools
Pwconcrctc for New Fuel Pump
Pwconcrete for New Fuel Pump
PWPaint for Annex
Air/Supplies
Pwsupplies for Cbristnas Stand
PW,^Vood for Christmas Stand
Pw/Tools
Strts/Tack for Road Repair
Wh/Tools
Total for this ACH Check for V€ndor 2695:

Total for Vendor 2695 (Home Depot Credit Services):

CivicPlus
Hosting & Support Qtly Fe€/Qtly SSL Cert Fee I
Total for this ACH Ch€ck for Vendor 2914:

Total for Vendor 2914 (CivicPlus):

US Bank Corporate Payment System
Trans Union October 2021 Billing
Usc Tax 7 .25Vo
Evident/Evidence Tape
Adobe AcrobatPro Monthly Subscription
Amazon/HeightAdjustabl€ Foor Resr
GoDaddy.com - Domain Renewal
Zoom
2,943.36
ACH 2914
219279

2.943.36
2,581.1I
2,581.11
ACH 2940
AT-A-0E64
AT-Bt-4384
AT-B-4384
AT-C-4534
AW-A-7002
AW-B-1516
AW-C-9738
2,581.11

75.00 -35.89
530.89
t4.99

48.25 57.51
t4.99
AP Ch€cks by Date - Detail by Vendor Number (11312022 lt29 PM) Page 7 Check No Vendor No
Invoice No
Vendor Name Check Drte
Reference
CheckAmount
AW-D-5(X7
AW-E-4755
AW-F-4899
AW-G-0900
AW-H-0193
AW-r-6803
AW-J-2987
AW-K-g171
AW-L-8978
AW-M-9E38
AW-N-2230
AW-O-2678
AW-P-2121
cc-A-6223
cc-B-2334
cc-c-5538
cc-D-0241
cc-E-2398
cc-F-776'l
DM-A-0688
GG-A-8676
GC-B-8759
GG-C- I t66
GG-D-9739
GG-E-1994
HC-A-4047
HC-B-3546
HC-C-3536
KK-A-o897
KK-B-8,141
KK-C- 1344
KK-D-0781
KK-E-1455
LA-A-E362
TN-A-1596
TN-B-1926
TN-C-7592
TN-D-?592
TN-E-3886
TN-F-3974
TN-G-5836
TN-H-5836
TNI-5836
TN-J-8564
TN-J-8565
TN-K,7281
TN-L-7281
TN-M-9707
TN-N-9?07
TN-O-2636
TN-P-5823
TN-+.5823
Microsoft Monthly Subsciiption
Dropbox / Key Budg€
SiriusxM
SiriusxM - Portable Speaker Dock
Microsoft
t eague of CA Cities/Seminar Refirnd
McAfee Antivirus Plus Annual Subscription/Cir)
Cosrco/Offce Supplies
Amazor/Ofnce Supplies
Amazon/High Speed Cable
Adobe Acrobat STD
lvalgr€ens/Photo
Costco/Office Supplies
Liberat€d Syndication/Tehachapod
Adobe Creativ€ Cloud
15lh Annual Kem Cty Energy Summit
Linq Adv Rcservation- 2 Rooms
Adobe Stock
Mailchimp Monthly Subscriprion
Amazon/Gieen St Planter
Hungry Howies/Airport Fuel Training/Ir4eal
Hungry Howies/Airport Fuel Triining^4€al
Pilot Fuel
Kamenz Kafe/Cofee dthe Mayor
Cherron Fu€l
CSMFO M€mbership Dues
PayPal Monthly Fee
Wall Streel Joumal
Kem Datt Monthly Subscription
Amazon/Clear Tape Rolls Retumed
Sparkletts Watsr Cool€r Rental
Amazon/Dust Off
Amazon/Note Padvcoffee Filters
Bakersfi€ld t ck & Safc/Duplicate Key
American Builders Supply,Mortar Minton Wcll (
Carlos's Donuttstaff Meeting
Big Frog Supply[rrigation Parts
Big Frog Supply[rrigatiotr Parts
Afiazoilzl22 Dry Erate Wall Calendar
Amazon/Sunscrcen
Amazon/2022 Cdendan
Am zorl2022 Calendais
Amazor/2022 Calendars
Quality FlagsNylotr Flags
Use T^x 7 .25Vo
Big Frog Supply/Refund on Items not Delivered
Big Frog Supply/Refubd on Items not Delivered
Big Frog Supply4nigation Supply
Big Froe Suppvnigation Supply
Amazon/File Folders
Office of Water Programs/Manuel for D2
Use Tax 7 .25Yo
AT&T

8.25 11.99

27.91 128.69

16.50 -425.00

49.99 tt3.'t7

31.12 9.63

12.99 1.60

72.80 20.00

52.99 400.00
124.72

29.99 20.99

33.23 60.05

59.23 113.75

87.53 110.00

30.00 4.00

40.00 -16.08
180.30

24.66 29.90

14.0'l

59.18 24.95

26.50 26.50
I14.08

25.64 31.50

31.51 2,037.54
-21.E5
-21.85

26.50 26.50

23.58 53.63
-3.63
Total for this ACH Check for Vendor 2940:

Total for Vendor 2940 (US Bank Corporate Payment System):
4,579.94
4,579.94
ACH 2963
AP Checks by Date - Detail by Vendor Number (ll3/2022 l:29 PM) Page 8 Check No Vendor No
Invoice No
Vendor Name
Description
Check Dat€
Reference
C}eckAmount
17409981
17433077
t743324'l
t'l433248
t'l433249
17433250
t't433251
11433252
17433253
t't433254
t1433255
t't433445
301I
9894002tO2
3066
2000565832
2000568485

72.18 433.28
243.34
139.30

65.37 22.91

21.25 22.91

22.91 22.91

22.91 PD/911 Digital Ali/ #93910553124.1ov 6-Dec 5 ,'
PD/Phorc Lines/ #9391040069D.{ov 6-D€c 5 20:

GC/City Hall Line 1/ #9391006712/Nov 6-Dec j
SWT^\ VTP Ofticd #93910067I3/Nov GDec 5
RR Depot/ #9391006715A{ov 6.Dec 5 2021
Swr/Lift Statiorl/ #93910067 I 6,Nov 6-Dec 5 20;
GG/City Hall Fax/ #9391006717Nov 6-Dec 5 2r
Air/AWOS/ #9391006718n{ov 6-Dec 5 2021
PWDSL Fax/ #93910067194{ov 6-Dec 5 202 I
Air/Fuol Sysrcm/ #9391006720.Nov 6-Dec 5 20i
Auto Dial 1002 Applewood Pump Str|,/ #9391001
PD/Long Distance/ #9391009314/Nov 6-D€c 5 2
Total for this ACH Ch€ck for Vendor 2963:

Total for Vendor 2963 (AT&T):
|,122.42
Burke Williams & Sorenson LLP
GG/Audit Response
1,122.42

31.50 ACH 2981
27790],
ACH 2994
235039
Total for this ACH check for Vendor 2981 :

Total for Vendor 2981 (Burke Williams & Sorenson LLP):

Richards Watson & Gershon
Sage Ranch
Total for this ACH Chcck for Verdor 2994:

Total for Veador 2994 (Richards Watson & Gershon):
3r.50

31.50 25.OO

25.00 ACH

25.00 955.64
Verizon Wireless
PD/Mobiles #242395501,Nov 2-Dec I 2021
Total for this ACH Check for Vendor 301 I :

ACH
Total for Vendor 301 I (Vedzon Wirel€ss):

AECOM Technical Services Inc.

DSD/Ptan Check Sewices
DsD/General Consulting Services
Total for lhis ACH Check for Vendor 3066:

Total for Vendor 3066 (AECOM Technical S€rvices Inc,):

S. G. Soto Tires Service
PD/TE-3 I Tir€ Replacement
Tolal for this ACH Check for Vendor 3 | ?3 |
Total for Vendor 3173 (S. G. Soto Tires Service):
955.U
3,278.00
991.00
4,269.OO
ACH 3t73
1080
4,269.OO

50.00 50.00
AP Checks by Dat€ - Detail by Vendor Nunber ( l/3 /2022 l:29 PM) Page 9 Check No Vendor No V€ndor Nrme
Invoice No Description
Check Dete
Reference
CheckAmount
ACH 3274
ACH
Brieht House Netwo*s
063985602120921 PD/Cable #005M39856-02 Dec 8 2021-lut'l 20 3524
34t96
34t9',7
Total for lhis ACH Check for Vendor 3274:

Total for Vendor 3274 (Bright House Networks):

Comerstone Engineering
DSD/Tract 6248
DSD/Tract 6248
Tolal for this ACH Check for Vendor 3524:

Total for Vendor 3524 (Comerstone Engineering):

93.99 838.68
198.48
r,037. r6
ACH 3684
790002 l 60-005
United Rentals
Pwconnex Rental
1,O37.t6
102.61
Total for this ACH Check for Vendor 3684:

Total for Vendor 3684 (United Rentals):

Td Si$al Int€gration Inc
PD/Sprinkler Servic€ Agreement
PD/Quart€rly Sprinkler Test
Tot l foi this ACH Check for Vendor 3774:

Total for Vcndor 3774 (Tri Signal Integration Inc):

Diamond Technologies
Microsoft 365
Gc/Remote Access
Manageccntric Compl€ie Care/Doc 2021 Billin8
IT/Adobe for Tyler
Total for this ACH Check for Vendor 3807:

Total for Vendor 3807 (Diamond Technologies):

O'Reilly Automotive Inc
Swr^r'-33 Batt€ry
Pwwintor Boost/Retum
Pw,^r'-s Wip€r Blades
CG,4r'-29 Window Motor Assehbly
GGAr'-29 Wiper Blades
Pwsafety Gloves
Whnr'-26 Blue DEF
Wtr/V-25 Fuel Pump
PW2 Cycl€ Oil
PWDrill Purnp
Ccnr'-50 Air & Oil Filters
PWShop Supplies
PW,^r'-17 Filte6,/Fuel Cap/Hose
t02.61
ACH 3't74
c146328
cl46329
102.61
5E0.00
425.00
1,005.00
ACH
1,005.00
t,748.00

96.00 19,780.00
3807
30032MS
30034SC
30060c
30134
ACH 3848
444't 490251
444't 49038E
4447 490390
4447 490435
4447 490467
4447 490563
444't -490693
444't 491432
4447-491621
4447 -49162a
4447 -491660
4447-491870
4447,492650
2t,780.25
2t,780.25
157.E0
-11.09

52.10 60.42

62.77 52.53

55.73 313.41

64.29 8.57
t39.43

38.51 t55.'74
AP Ch€cks by Date - Detail by Vendor Number (l/3/2022 129 PM) Page l0 Ch€ckNo Vendor No
Invoice No
Vendor N&me Check Drte
Reference
CheckAmount
4441492914
4441493026
4447493',199
4447-493917
4447-494035
4447-494085
4447494148
4441494143
PWN-35 Battery
PWRod for Shop
PD/TE-29 Tralls Fluid
Swr^r'-7 ABS Sensor/Fuel Cap
wdFuel Mix
PD/TE-29 Brake Roior & Disc Pad Set
Pw,ry-24 Brakes,fiher
PW^r'-24 Bmkes/Fiher / R.ETIJRNED
Total for this ACH Check for Vendor 3848:

Total for Vetrdor 3848 (O'Reilly Automotive Inc):

Aaron Price
PD/Express Food Mar/Fuel for Training in Fresr
Total for this AcH check for Verdor 3865:

Total for Vendor 3865 (Aaron Price):

Traffi c Manag€ment Incorporated
Sttu/Stop Signs
Total for this ACH Check for Vendor 3E68:

Total for Vendor 3868 (Traffic Management Incorporated):

South Sh€€t Digital Inc
PwBlsin€ss Cards - T Napier/A Willcut
PWNo Parking Signs
DSD/Printing
Total for this ACH Check for Vendor 3903:

Total for Vendor 3903 (South Street Digiral Inc):

R.C. Becker & Son, Inc.

AT? Snyder Gap
Davis & Green
Total for this ACH check for Vendor 3914:

Total for Vendor 3914 @.C. Becker & Son, Inc.):
skoo'kum h2o monitoring
Wtr/Backflow Repair
Total for this ACH Check for Vendor 3953:

Total for Vendor 3953 (skool(um h2o monitoring):

Silver & Wnghr LLP
COT/302 Dennison Road/Nov 202 I
112.17

4.50 64.29

88.08 29.99
607.40
225.24
-225.24
2,050.64
2,050.64
ACH
ACH
ACH
3865
t29202l
3903
13990
14039
14070
3914
Rl90l4-5
R21006-2

80.00 ACH 3868
8085?0 502.O7
502.07
110.37
1,033.40
160.65
|,304.42
|,3M.42
116,702.E1
3t,536.32
148,239.13
148,239.13
390.00
ACH 3953
2t-t312
ACH 4023
28834
390.00
452.00
AP Checks by Date - D€tail by V€ndor Number ( I/3/2022 l:29 PM) Page I I Check No Vendor No
Invoice No
Vendor Nrme Check Drt
Refcr€nce
ChcckAmount
28835
28836
28837
28838
28E39
28840
4063
1(X08449
2,357.84
2,134.84
3,958.60
r35.60

45.20 4,7t3.a4
COT/307 S CulryNov 2021
COT/313 South Cury/Nov 2021
COT/1004 Chris LancNov 2021
COT/49500 AIan Ave,Nov 202 I
COT/s I 5 East E SiNov 202 I
CoT/Gederal Code EnfNov 2021
Total for this ACH Check for Vendoi 4023:

Total for Vendor 4023 (Silver & Wright LLP):

Waxie Sanitary Sup,ply
DsD/Janitorial Suppli€s
PD/J.itorial Supplies
DSD anitorial Supplies
DsDfanitorial Swplies
Total for lhis ACH Check for Vetrdor 4036:

Total for Vendor 4036 (Waxie Sanitary Supply):

Languag€ Line Services Inc
PD,4nterpretation Services
Tolal for lhis ACH Check for Vendor 4063:

Total for Vendor 4063 (Language Line Services Inc):

Alpha Technologies & Alann Systems Inc
Beekay Thester FLeAlarm Service & Monrrorin
Total for this ACH Check for V€idor 4078:

Total for Vendor 4078 (Alpha Technologies & Alarm Systems Inc):

Ray Morgatr Company
GG/Ricoh Copier/Jar 4-Apr 3 2022
Total for this ACH Check for Vendor 4096:

Total for Vendor 4096 (Ray Morgan Company):

Interwest Consulting Group
DSD,Professional Servic€s/Plan Check
Total for this ACH Check for Verdor 4109:

Total for Vendor 4 I 09 (lnterwest Consulting Group):
13,797.92
ACH
ACH
4036
80381537
E0510480
80510E81
80521592
13,79't.92

29.91 205.3E

30.37 61.72
327.38
ACH
327.38

15.00 15.00
ACH 4078
191011

15.00 231.00
231.00
231.00

78.32 4096
3539872
ACH 4109
74420
ACH 4I3O
24224442-002
Ahern Rentals
Boom Lift
260.O0
260.00
t,077.26
AP Checks by Date - Debil by Vendor Numb€r (ll3l2L22 l.29Pljx4, Page 12 CheckNo Vendor No
Invoice No
Vendor Name
Description
Check D.te
Refercnce
Check Amount
Total for this ACH Check for Vendor 41 30:

Total for Vendor 4130 (Ahem Rentals):

Kem County Public Works
Ref/Ill€gal Dumping
Total for lhis ACH Check for Vendor 4 I 38:

Total for V€ndor 4138 (Kem County Public Works):

Robin Mathiasen
W€llness Gr.nt 2021-22lEquipmsnt
Total for this ACH Check for Vendor 4167:

Total for Vendor 41 67 (Robin Mathiasen):
1,017.26
ACH 4138
23331
1,o77.26

24.90 24.90
100.00
ACH
ACH
ACH
4t67
12222021
4168
23596
23597
4230
0ls53M-4808-1
4315
765\4724
100.00
2502.95
1,902.03
100.00
4 Creeks
Enhanced Striping
Pinon Rd Extension
Jim Burke Ford
PD/TE-3I Susp€nsion Pans
4330
l4s06l6
ACH 4331
1185970
Total for dtis ACH Check for V€ndor 4 I 6E:

Total for Vendor 4 I 68 (4 Creeks):

Waste Management (ACH)
PD/Document Shredding #l9-6276G53009n,1ov
Total for this ACH Chcck for Vendor 4230:

Total for Vendor 4230 (Waste Managem€nt (ACH)):

Wex Batrk
PD/Fuel for Patrol VehiclevNov 202 I
Total for this ACH Check for vendor 43 I 5:

Total for Vendor 43 I 5 (Wex Bank):
4,404,9E
ACH
4,404.94

36.05 36.05
360.68
ACH
360.68
'n6.0'l
Total for this ACH Check for Vendor 4330:

Total for Vendor 4330 (Jim Burke Ford):

I(leirr Denatale Goldner Attomey at Law
Sage Ranch
7 t6.07
't t6.o7
320.00
AP Ch€cks by Date - Detail by Vendor Nurnber (l/312A2 L29 PM) Pae€ 13 CheckNo Verdor No
Invoice No
Vendor Nrme Chcck Drte
Reference
CheckAmou||t
ACH 4354
325263
320.00
4,600.00
Total for lhis ACH Check for Vendor 433 1 :

Total for V€ndor 4331 (Klein Denatalo GoldnerAttom€y at law):

Mead & Hunt
DsD/Pmfcssional Services
Total for this ACH Check for Vendor 4354:

Total for Vcndor 4354 (Mead & Hunt):
4,600.00
ACH Orkin
PD/Pest Cortrol Services
4,600.00

98.00 ACH 4391
1299
4389
22t364954
4451
t2132021
4565
00938E4
4575
G20006-2
Tolal for this ACH Check for Vcndor 4389:

Total for Vendor 4389 (Orkin):

Specialized Utility Services Program
SwMonthly CPO Service./Nov 202 I
Total for this ACH Check for Vendor 439 I :

Total for Vendor 439 I (Specialized Utility Services Program):

Zachary Page
PosT-Perishable Skills Program Fresno/Meals
Total for this ACH Check for Verdor ,145 I :

Total for Vendor 4451 (Zachary Page)l
Byme Software Technologies Inc.

DsD/hofessional Servicos
Total for this ACH Check for Vendor 4565:

Total for Vendor 4565 (Byme Software Technologi€s Inc.):

Westem Pacific Roofilg Corp
City Hall Annex Roof
Total for this ACH Check foi Vendor 45?5:

Total for Vetrdor 4575 (Westem Pacific Roofing Corp):

Pace Analytical Services LLC
Wtr/Weekly Blsnded Nitrate - Curry Res€rvior
Wtrnr,leekly Blsnded Nitrate - CurrJr Reservior
Wtr/Bacteriologicavwest D SVCanon Dr/Ald6 /
Wtr/Weekly Blendcd Nitrate - Curry Resdvior
6,000.00
6,000.00
ACH
6,000.00
178.00
ACH
178.00
2,025.00
2,O25.OO
A
'IJ
2,025.00
2,561.00
2,561.00
ACH 457'7
B436065
8436099
8436422
8436512
2,561.00

15.00 15.00

36.00 15.00
AP Checks by Date - Detail by vendor Number (113t2022 lt29 PW Page 14 Check No Vendor No Vendor Nrme Check Date
Refercnc€
CheckAmount
Invoice No
8436992 Bact€riological/llayes St/Brctt Av€/Fair Oat Dr 36.00 Total for this ACH Check for Vendor 457?:

Total for Vendor 4577 (Pace Analytical Services LLC):

IDR Demolition
Wtr/Hydrant Meter Deposit CR #00597277Invo
Total for lhis ACH Check for Vendor 4584:

Total for Vendor 4584 (lDR Demolition):

Log Cabin Flodst
GG/Get W€ll Plantq \4Yatt
Tolal for this ACH Check for vendor 4585:

Total for Verdor 4585 (Log Cabin Florist):

Report Total (72 checks):
117.00
ACH 4584
t292021
117.00
4t.53

41.53 ACH 4585
799'76
4t.53

65.92 65.92
467,77r.76
AP Checks by Date - D€tail by V€trdor Number (U3/2022 1,29 PM) Page 15 Accounts Payable
Checks by Date - Detail by Vendor Number
User:

Printed:

CheckNo Vendor No
Invoice No
afiescas
l/tl/2022 lO:34 AM
Vendor Name

CITY OF

TEHACHAPI

CALIFORNIA
Check Dste
Reference
CheckAmount
ACH 0017
596725
American Business Machitres
DSD,Yellow Toner 15.00
Total for this ACH Check for Vcndor 001 7:

Total for Vendor 0017 (American Business Machines):

Atco lntemational
Swr/Degreaser
Total for this ACH Check for Vendot 0027:

Total for Vendor 0027 (Atco Intemational):

Hach Company
Wtr/Nihate Analyzer Repair
Total for this ACH Check for Vandor 0193:

Total for Vendor 0193 (Hach Company):

Mission Linen & Uniform Service
PWLinen Maintenance
SwTAffWTP Mats
PWI-inen Maintenance
SrirAMWTP Mats
Total for this ACH Check for Vendor 0300:

Total for Vendor 0300 (Mission Linen & Uniform service):

Willdan Financial Services
FY 202 I -22 Community Faciliries Disrricr
FY 2021-22 T$.t 6062 H€ritage Oaks
FY 202 I -22 Tract 62 I 2 Cl€ar View
FY 2O2l-22 Ttarr 6215 Autumn Hills
FY 202 I -22 Tract 62 I 6 Alta Homes
FY 202 I -22 Tract 58 I 2 KB Orchard Glen Deur
FY 2021-22 Ttact 4927 Mullberry Place
FY 202 I -22 Tract 6360 Mill Stre€t Cottaees
Fy 2021-22 PMlo997 lndustrial Pkwy
FY 2021-22 PMl1353 T€hachapi Blvd
Fy 2021-22 PMl22l9 Pilor Truck Srop
FY 2021-22 PMI1353
FY 2021-22 PMl0997

15.00 ACH

15.00 236.OO
oo27
I0589275
0193
12809407
236.00
ACH
3,185.88
3,385.88
ACH 0300
516185260
516185261
516226714
5t62267l5
3,385.88

70.31 23.t7
8l.55

26.61 201.64
ACH 0310
01049952
010-49953
010-49953-A
010-49953-B
0r049953-C
010-49953-D
010-49953-E
010-49953-F
010-49953-G
010-49953-H
010-49953-l
010-49953-J
010-49953-K
201.64
|,346.45
198.15
113.81
2t4.55
689.88

35.30 13.92

26.29 49.32
297.69
294.66
AP Ch€cks by Date - Detail by Vendor Number (I/111202210:34 AM) Pag€ I Check No Vendor No
Invoice No
Vendor Nrm€ Check Drt€
Refercnce
CheckAmount
Total for this ACH Check for Vendor 0310:

Total for Vendor 0310 (Willdan Financial Services):

Southem Califomia Edison
Air/800014615s/Dennison Vo H*y 58,Nov l7,I
Air/8000152422/3 l4 N Hayes St/Nov l7-Dec lI
Air/8000361331/314 N Hayes Sr Papi,4{ov l7-D
Air/8000880034/3 l4 N Hay€s St licSnlov 17-D
Air/8001l,1420ll/314 N Hayes St #B/Nov 17-De
Air/80033 1244713 14 N Hayes St/l{ov I ?-Dec 1(
Air/8003312881/9999 l/2 Hay€sNov l7-Dec l6
Air/80033 26595/3 16 N Mojave Sr4.{ov l7-Dec I
Air/8003354614/West End Teh AirportNov l7-I
Strts/8t)00778639/1668 Tehachapi Blvd.Nov l9-
Stft/8003489234/500 Tucker/Nov 3-Dec 5 202 I
Strts/8000779431/1668 T€hachapi Blvd BAIov I
Strts/80024?5381/2069 E Tehachapi Btvd BNo\
Stns/8002489094/2069 E Tehacbapi Blvd ANo\
Strts/80005029?6/3 18 Easr E St/Nov 20-D€c 20
PW800l l l5l38/114 S Green,Nov 20-Dec 20 2C
GG/8004411641/31I East D St/Nov 20-D€c 20 2
srrrs/80000973 948/ I 13 S Mojave SLNov 20-De1
LLD/80029514'7 5/329 | 12 D StJNov 22 Dec 2l ',
Strts8000568732/2 | 3 S Curry St ANov 22-Dec
GG|8OO270621 l /7OO W T€hachapi Blvd,/Nov 22
PD/8002893411/220 West C St.Nov 22-Dec 2l
GG/80000?2472ll I I West I Sr0{ov 23,Dec 22 2
Drair,18002422444/ 1 1 9 Industrial PkrnyNov 23-
Strts/8001658 8 l41866 Tehachapi Blvd/Nov 23-f
CG/8003326651n09 E Tehachapi Blvd/Nov 23-
GG/8001996165n 125 Capital Hills,Nov 23-Dec
Swr/8003352493/880 Enterpris€/Nov 23-Dec 22
Swr/80025212U/800 Enterpris€Nov 2l-D€c 22
Strid8003885019/333 l/2 E Tehachapi,Nov 231
Srrrs/80M95 | 23 2/209 l/2 E Tehachapi Blvd,No'
Strts/8001230096/335 Blvd Ped/Nov 23-Dec 22
Sfis/8000096590/205 N Mill SrNov 23,Dec 22
Strts/8003365285/Tehachapi Blvd o creen N,
Sms/8t'03887352/103 T€hachapi Blvd./Nov 2l-I
Stft/80038875 | l/l0l E Tehachapi Blvd #B/No1
PW80004 I 3506/80 I Mountain View AveNov 2
3,910.64
ACH 03'12
12172021
t217202t-A
t2t7202t-B
t217202t-C
t217202t-D
t2t'1202t-E
r2t1202\-F
t2t'72021-G
t217202t-H
12202021
t220202t-A
t220202t-B
\220202t -C
t270202t_D
122\2021
t2212021-A
12212021-B
t22t202t-c
t2222021
12222021-A
1222202t-B
1222202t -C
t2232021
t223202t-A
1223202t-B
12232021_C
t223202t-D
12232021-E
t223202t-F
1223202\-G
12232021 H
t2z7z02l
122't202t-A
1227202t-B
t227202t-C
1227202t-D
122't202t-E
1,910.64
199.63

17.84 99.',77

22.23 226.39
t28.'t5
100.91

35.27 43.01
6t.4s

19.00 22.50

22.85 54.I0
122.46

60.36 2i9.69

67.48 31.30
r54.09
|,829.9?

27.44 17.58

17.E0

17.31 2,249.46
9,754.36

69.81 I7.80

37.',72

62.43 25.'t2

52.51 106.81

4\.1'7
Total for this ACH Ch€ck for V€ndor 03?2:

Total for Vendor 0372 (Southem Califomia Edison):

Thomas F. Schroeter Attomey @ Law
Legal Fees Nov 29-Dec 25 2021
Pers
Total for this ACH Check for Vcndor 0373:

Total for Vendor 0373 (Thomas F. Schrceter Attomey @ Law):
t6,194.25
ACH 0373
112022
112022-A
t6,194.25
5,616.00
-343.',79
s,232.21
5,232.21
AP Checks by Date - Detail by V€ndor Number (1/ll/2122 lO34 AM\ Paee 2 CheckNo Verdor No
Invoice No
V€ndor Name Check Date
Refer€nce
CheckAmount
ACH 0441
73t51557
04'45
1231202r
Vulcan Materials Company
Sfts/Coldmix foi Pot Holes
Total for this ACH Ch€ck for Vendor 0'l4l :

Total for Vendor 0441 (Vulcan Mat€ri8ls Compary):

Tehachapi Senior Cenier Inc.

Senior Cent€i Cost Suppo&Meals on meels/D(
Total for this ACH Check for Vendor 0445:

Total for Vendor 0445 (Tehachapi S€nior Center Inc.):

WITTS Ev€rythirg for the Office
GG/Copy Paper/Laminating Pouch
GG/Door Mat/Pen Refills/Copy Papcr
PWBinders
PWBindeIs
Pw/Binders
Fir/o{fice Suppli€s
Total for thisACH Ch€ck forV€ndor0476:

Total for Vendor 0476 (WITTS Everything for the Office):

Safety-Kle€n Systems Inc.

Oil Dsposed
Total for fi5 ACH Check for Vendor 0509:

Total for Vendor 0509 (Safety-Kleen Systerns Inc.):

BSSR Inc.

PWFrel Pump Repair
Total for this AcH check for Vendor 0642:

Tolal for Vendor 0642 (BSSR Inc.):

Pion€€r True Value Home Center
Wtr/Street Repair /Water L€ak Miranda-Anita
Wtr/Street Repair Mater L€ak Miranda-Anita/D,
PwBrickwall Ash Track
Total for this ACH Check for Vendoi 0689:

Total for Vendor 0689 (Pione€r True Value Home Center):

ACWA-/JPIA
Medical lnsurance Prcmium & Adjustrn€n/Feb :

Dental Insurance Pr€mium & Adjustmen/Feb 2(
Vision Insurance Premium & Adjustrnent/Feb 2C
593.7 |
593.11
593.71
800.00
ACH
ACH
ACH
ACH
800.00
M76
2a4327
285096
2852t6
2852t6-A
285216-8
2852t9
0509
87783510
800.00
l30.El
174.90

23.51 23.52

23.52 36.09
412.35
4t2.35
2t4.50
214.50
ACH 0642
31929
214.50
|,124.79
|,t28.19
0689
220t-t29t56
220r-129188
220r-t293ll
|,124.19
363.43
-150.00
tt7.44
ACH 0832
0679887
0679887-A
0679887-B
330.87
68,075.58
9,125.00
1,482.60
AP Checks by Date - Detail by V€ndor Number (I/lll2l22 lO:34 AW Page 3 Chcck No Vendor No Vendor Name Check Drte
R€ference
CheckAmount
Invoice No
0679887-C Life Insurance kemium & Adjus!rcnt/Feb 202i
Tolal for this ACH ChecL for Vendor 0832:

Total for Verdor 0832 (ACWA|PIA):

M&M's Sports Uniforms & Embroidery
Pwshirts for T Napier
GC/Port Authority Mens Sweater Fl€ece Jack€t
Toral for this ACH Check foi Verdor 1286:

Total for Vendor 1286 (M&M's Sports Uniforms & Embroidery):

Aulo Zode 5345
PWShop Suppli€s
PWShop Supplies
PWShop SuFpli€s
Pwny'-24 Monotube4{ub Ass€mbly
PW^r'-24 MohotuHllub A$lembly/RETURN
Tolal for lhrsACH Cteck for Vendor 1365.

Total for Vendor 1365 (Auto Zone 5345):

Kem Turf Supply Inc.

LlDlltrigation Supplics
LlD/Irrigation Supplies
LlD/Itigatiod Suppli€s
Tolal for tbis ACH Check for Vendor l4l 3:

Total for Vendor l4l3 (Kern Turf Supply Inc.):

Grainger
Pw/Antrex Ceiling Tiles
PWPD Training Room Door Haldle
Total for this ACH Check for Vendor l,f4l:

Total for Verdor l44l (Grainger):

San Joaquin Safety Shoes
PWSafety Boots/C Hall
Total for this ACH Check for Vendor I 506:

Total for Vendor 1506 (San Joaquin Safety Shoes):

Alpha Scapes Inc.

Gc/l,andscap€ Contract Senrices/Jan 2022
Pw,4-andscape Contsact Services/Jan 2022
PDA$dscape CorFact Services"{an 2022
|,874.27
80,557.45
ACH
A
'IJ
80,557.45
l3l.85

50.31 t286
5l132
51928
t44l
9t49992027
9t50477314
1506
too-t289792
1729
14288
14288-A
14288-B
182. r6
ACH 1365
5345601003
s345606163
5345606168
5345635959
5345640065
I4t3
130604
484674
4U674-A
t82.t6

20.79 1.06

1.39 2t5.22
-2t5.22

29.24 ACH

29.24 46.44
223.95
l1.00
281.39
281.39
190.42
120.96
3l l.3E
ACH
311.38
250.00
ACH
250.00
503.10
2,412.40
107.30
AP Ch€cks by Date - Detail by Vendor Number (llll/2022lO:.34 AM\ Page 4 Ch€ck No Vendor No
Invoice No
Vendor Name
Description
Check Date
R€ference
Ch€ck Amount
14288-C
14288-D
14288-E
14288-F
14288-G
t4288-H
14288-l
14288-t
14288-K
14288-L
14288-M
14288-N
14288-O
ACH 1743
30178
t754
t62022
ACH 211I
o12057
ACH 2600
1365394
Stns[-andscap€ Conaact Services/Jan 2022
RR Depot/Ladscape Contmct Services/Jan 202,
Freedorn Plaza,4-andscape Contract Servicesdan
Swr/Landscape Contract Services[an 2022
Park & Ride/Landscapc Contract Sewices/Jan 2{
LLD/Tract 6062[-andscape Contsact Services/Ja
LLD/Tract 62 I 2,il-andscape Contact Sewices/Ja
LLDlfracr 5812 & 6215/Landscape Contract Ser
LLD/Tract 62 I 6^-andscape Contract Services/Ja
LlDnract 58 I 2[-andscape Contract ServicetJa
LLD/Tract 6360iT-andscape Contract Services/Ja
LLDDM I 1353/Landscape Contract Services/Jar
LLDPM 12219llandscaDe Contract S€rvices/Ja
Total for this ACH Check for V€ndor 1729:

Toral for Vendor 1?29 (Alpha Scapes Inc.):

Counf of Kem Departm€nt ofAgriculture
Air/Registration Renewal/Dues
|,295.40
166.40

83.97 311.00
4',7',7.20
t,l18.00
417.30
2,9t5.50
10,279.00
4,72t.60

32.50 123.50

86.82 25,t16.99
25,176.99
144.40
Total for this ACH Check for Vendor 1743:

Total for Vendor 1743 (County ofKem Department ofAgriculture & Measurement Standards):
t44.40
ACH swRcB-DwocP
Wtr/Water Dist License T2lT Brcwn
Total fo. this ACH Chcck for Vcndor 1754:

Total for Vendor 1754 (SWRCB-DWOCP):

SSD Systems
Swr/System Installationrupgrade Secuenet Cor
Wtr/System Installationrupgrad€ Secur€net Corn
Swr/Afarm S€wice D€c a 2021-Ian 31 2022
Wtr/Alarm Service Dec 8 2021-J^n312022
Total for this ACH Ch€ck for V€ndor I 982:

Total for Vendor 1982 (SSD Systems):

NAPAAUto Parts
SWI/WWTP Generator Oil Change
Toral for lhis ACH Chcck for Vendor 2l I l:

Total for Vendor 2l I | (NAPAAulo Pans)l
Holliday Rock Co. Inc.

Pw/IIailer

60.00 ACH t98Z
J-301002519
J-301002519-Aa
R-00340527
R-00340527-A

60.00 91.50

97.50 22.14

22.t3
239.27
239.2',7
334.23
334.23
334.23
642.54
AP Checks by Date - Detail by Vendor Number (l/11/202210:34 AM) Tohl for fiisACH Check for Vendor 2600:

Page 5 ends

Tehachapi City CouncilJanuary 18, 2022

Tehachapi City Council
January 18, 2022