Tehachapi City Council
December 19, 2022

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
MONDAY, DECEMBER 19, 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

ELECTION

1. A Resolution declaring the result of the General Municipal Election held November 8, 2022 – ADOPT A RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW

2. Swearing in of new officers and presentation of Certificates of Election per Resolution No. 48-22 which provides for the appointment to the offices of the City that were to be elected on Tuesday, November 8, 2022 – PRESENTATION

3. According to Tehachapi Municipal Code Section 2.08.040, the presiding officer of the council shall be the Mayor, who shall be elected by the Council Members, from among their membership except that the outgoing Mayor may not succeed himself or herself - ELECTION OF MAYOR FOR A TWO-YEAR TERM
Intermission to seat new Mayor

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 19, 2022 - 6:00 P.M. - PG. 2

4. Election of Mayor Pro-tempore – ELECTION OF MAYOR PRO-TEMPORE FOR A TWO-YEAR TERM

5. City of Tehachapi Local Transactions and Use Tax – ADOPT A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TEHACHAPI AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL

TRANSACTIONS AND USE TAX

6. Authorization of certain designated employees to examine Local Transactions and Use Tax records per California Revenue and Tax Code 7056 and 7056.5 – ADOPT A RESOLUTION AUTHORIZING

EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXES RECORDS

7. HDL Companies agreements for Transactions, Tax Audit Services, Economic Analysis/Forecasting, and related services – APPROVE THE MASTER AGREEMENTS BETWEEN HDL COMPANIES AND THE CITY OF

TEHACHAPI AND AUTHORIZE THE MAYOR TO SIGN

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.

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 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.

8. Presentation of Certificate of Acknowledgement by Shannon Grove’s representative to the City of Tehachapi Finance Department for their recent Government Finance Officers Award.

9. Public Comment

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 19, 2022 - 6:00 P.M. - PG. 3

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. 55-22
Tehachapi City Council Unassigned Ord. No. 22-07-772
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-22 Tehachapi Public Financing Authority Unassigned Res. No. 01-22 * 10. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on December 5, 2022 – APPROVE AND FILE
* 11. Disposition of Property – ADOPT A RESOLUTION AUTHORIZING THE DISPOSITION OF CITY OWNED

PROPERTY

12. City Council Vacancy – DIRECT STAFF TO PUBLISH A NOTICE OF INTENTION TO FILL A VACANCY FOR

MEMBER OF THE CITY COUNCIL BY APPOINTMENT

FINANCE DIRECTOR REPORTS
* 13. Disbursements and bills for November 30, 2022 through December 14, 2022 - AUTHORIZE PAYMENTS

14. Disbursements and bills for RSI Petroleum for November 30, 2022 through December 14, 2022 –

AUTHORIZE PAYMENTS
* 15. City of Tehachapi Investment Report through November 2022 – RECEIVE REPORT

DEVELOPMENT SERVICES DIRECTOR REPORTS

16. PUBLIC HEARING – Community Facilities District No. 2017-01 Annexation No. 2 – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING; STAFF RECOMMENDATION; ADOPT TWO RESOLUTIONS (1) ANNEXING OF TERRITORY (TRACT MAP NO. 7366) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY

OF A SPECIAL TAX, AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF TEHACHAPI COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 2 ; (2)

DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LEIN, CITY OF TEHACHAPI COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) ANNEXATION NO. 2

17. Adoption of an Urgency Ordinance adopting Ordinance No. G-9179 of the Board of Supervisors of the County of Kern concerning building regulations – ADOPT AN URGENCY ORDINANCE ADOPTING ORDINANCE NO. G-9179 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA AMENDING CHAPTERS 17.04, 17.06, 17.08, 17.10, 17.12, 17.16, 17.20, 17.24, 17.26,

17.28, 17.32, 17.34, 17.40, 17.44, 17.48, 17.56, AND 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING REGULATIONS – GENERAL, RESIDENTIAL CODE,

BUILDING CODE, GREEN BUILDING STANDARDS CODE, MECHANICAL CODE, HOUSING CODE,

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 19, 2022 - 6:00 P.M. - PG. 4

PLUMBING CODE, ELECTRICAL CODE, EXISTING BUILDING CODE, GRADING CODE (AS REVISED

HEREINAFTER), FIRE CODE, WILDLAND URBAN INTERFACE CODE, DANGEROUS BUILDINGS CODE,

BUILDING RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD PLAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING SECTION 1 OF ORDINANCE NO. 753 OF THE CITY OF TEHACHAPI AND TEHACHAPI MUNICIPAL CODE SECTION 15.04.160

18. Introduction and First Reading of an Ordinance adopting Ordinance No. G-9179 of the Board of Supervisors of the County of Kern concerning building regulations – APPROVE THE FIRST READING OF AN ORDINANCE ADOPTING ORDINANCE NO. G-9179 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA AMENDING CHAPTERS 17.04, 17.06, 17.08, 17.10, 17.12,

17.16, 17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.40, 17.44, 17.48, 17.56, AND 17.56 OF TITLE 17 OF THE ORDINANCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING REGULATIONS – GENERAL,

RESIDENTIAL CODE, BUILDING CODE, GREEN BUILDING STANDARDS CODE, MECHANICAL CODE,

HOUSING CODE, PLUMBING CODE, ELECTRICAL CODE, EXISTING BUILDING CODE, GRADING CODE (AS

REVISED HEREINAFTER), FIRE CODE, WILDLAND URBAN INTERFACE CODE, DANGEROUS BUILDINGS

CODE, BUILDING RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD PLAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING SECTION 1 OF ORDINANCE NO. 753 OF THE CITY OF TEHACHAPI AND TEHACHAPI MUNICIPAL CODE SECTION 15.04.160

POLICE CHIEF REPORTS
* 19. Emergency abatement at 49518 Michael Avenue – APPROVE EMERGENCY ABATEMENT ACTIONS CONDUCTED BY CODE ENFORCEMENT AT 49518 MICHAEL AVENUE

ASSISTANT CITY MANAGER REPORTS

20. Indemnity agreements with the County of Kern for updates to the Emergency Operations Plans and Kern OP Area Cybersecurity Project – APPROVE THE INDEMNITY AGREEMENTS BETWEEN THE CITY OF

TEHACHAPI AND THE COUNTY OF KERN AND AUTHORIZE THE CITY MANAGER TO SIGN

CITY MANAGER REPORTS

21. 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.

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 19, 2022 - 6:00 P.M. - PG. 5

CLOSED SESSION

1. 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

CITY OF

TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER 19,2022 AGENDA SECTION: CITY CLERK

DEPARTMENT

APPROVED
ctw
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, ELECTIONS OFFTCIAL
DATE: DECEMBER 13,2022
SUBJECT: DECLARATION OF ELECTION RESULTS

BACKGROUND
On November 8, 2022 a General Municipal Election was held and conducted in the City of Tehachapi for the sumittal of a Transactions and Use Tax Ordinance to be submitted to the voters for approval. The election was consolidated with the County of Kern and certified on December 8, 2022by the Kern County Auditor-ControllerCounty Clerk, Mary B. Bedard.

RESULTS
City of Tehachapi local Control/ Essentia! Services Measure city of Tehachapi Local control/Essential services Measure: To protect Tehachapi's financial stability/maintain general city services such as fire protection, local 9-1-1 response, crime prevention; protect drinking water; prepare for/respond to natural disasters, earthquakes /fires; help retain businesses/jobs; repair streets/potholes; keep public areas safe/clean; shall an ordinance establishing a 1C sales tax providing approximately S4,OOO,OOO annually until ended by voters, requiring spending disclosure, funds controlled locally/no money for Sacramento, be adopted?
YES
1,570 votes

58.34%
NO
1,121 votes
4!.66%

RECOMMENDATION
ADOPT A RESOTUTION RECITTNG THE FACT OF THE GENERAT MUNICIPAT EIECTION HELD ON NOVEMBER 8, 2022, DECTARING THE RESUTT AND SUCH OTHER MATTERS AS PROVIDED BY IAW

CERTIFICATE OF COUNTY CLERK AS TO RESULT OF THE CANVASS

OF THE GENERAL ELECTION
HELD NOVEMBER8,2Oz2

STATE OF CALIFORNIA

COTINTY OF KERN
ss
I, MARY B. BEDARD, Auditor-Controller-County Clerk, County of Kem, State of California" HEREBY CERTIFY that I have canvassed the returns of the votes cast at the GENERAL ELECTION held on November 8,2022 and that the whole number of votes cast for and against each candidate and the whole number of votes cast for and against each measure, as posted and on file, are full, true, and correct.

IN WITNESS HEREOF i do hereby set my hand and the Official Seal of the County of Kern this 8th day of December 2022.

MARY B ARD
Auditor-Controller-County Clerk
County of Kem
State of California
)
CITYOF

TEHACHAPI

LEGAL DEPARTMENT
RESOLUTION NO.

A RESOTUTION OF THE CIW COUNCIT OF THE CITY OF

TEHACHAPI CAIIFORNIA, RECITING THE FACT OF THE

GENERAT MUNICIPAT ETECTION HELD ON NOVEMBER
8,2022, DECIARING THE RESUTT AND SUCH OTHER

MATTERS AS PROVIDED BY IAW
WHEREAS, a General Municipal Election was held and conducted in the City of Tehachapi, California, on Tuesday, November 8,2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the e lections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Kern County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A".

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECIION 1. That the whole number of *votes (ballots) cast in the precincts except vote by mail voter ballots and provisional ballots was 325. 1-
CITYOF

TEHACIIAPI

LEGALDEPARTMENT
measure.

That the whole number of vote by mail ballots cast in the City was2,273, the whole number of provisional ballots cast in the City was 92, making a total of 2,69L votes (ballots) cast in the City.

SEgflON 2. That the measure voted upon at the election is as follows City of Tehachapi Local Control/ Essential Services Measure (S) City of Tehachapi LocalControl/Essential Services Measure: To protect Tehachapi's financial stability/maintain general City services such as fire protection, local 9-1-1 response, crime prevention; protect drinking water; prepare for/respond to natural disasters, earthquakesfires; help retain businesses/jobs; repair
streets/potholes; keep public areas safe/clean; shall an ordinance establishing a 1C sales tax providing approximately 54,000,000 annually until ended by voters, requiring spending disclosure, funds controlled locally/no money for Sacramento, be adopted? Yes
No
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the Measure were as listed in Exhibit "A" attached.

SECTION 4. The City Council does declare and determine that: as a result of the election, a majority of the voters voting on the the measure relating to a 1C sales tax did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of *votes (ballots) cast in the City; (2)The measure(s) voted upon; (3)The number of votes given at each precinct for and against each measure(s); (a) The total number of votes given for and against each Z
CITYOF

TEHACHAPI

LEGAL DEPARTMENT
SECTION 5. That the City Clerk shall certifo to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Tehachapi this 19th day of December,2022.

AYES:

NOES:

ABSENT:

ABSTAIN
PHIL SMITH, Mayor
City of Tehachapi, California
ATTEST:

TORI MARSH, 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 December 19,2022.

TORI MARSH, City Clerk
City of Tehachapi, California
3 STATEMENT OF VOTES CAST

GENERAL ELECTION
November 8,2022
MARY B. BEDARD, CPA
AU DITOR.CONTROLLER-COU NTY CLERK

KERN COUNTY, CALIFORNIA
931
931
Page: 4680 of 4703
CITY OF TEIIACIIAPI Tax Measure S - Majority (Vote for r) Precinct
Eo
o
,9
o) o
d
County
vote by Mail
Mail Ballot
Total
Poll Place
Vote by Mail
Mail Ballot
1218/2022 9:35:29 AM
324
0 26
153
0 51
0 o
o
o
o
552
699
699
699
o
z
U
Kern Countlr
County
Kern County
Vote by
Mail Ballot
Poll Place
Vote Mail
Mail Ballot
0023401
0023402
0023403
0023404
0023401
Poll Place
Vote Mail
Mail Ballot
Poll Place
Vote by Mail
Mail Ballot
Total
Poll Place
Vote by Mail
Mail Ballot
Total
Poll Place
Vote Mail
Mail Ballot
Total
295
327
52 0023402
552
552 0
Poll Place
699
414
414
414
904
904
931
T
904 59
904
452
0023412
L
Poll Place
Vote Mail
Mail Ballot
Poll Place 22 68.7SYo 10 31.25% 32
Vote by Mail 191 64.75Yo 104 35.25yo
Mail Ballot 0 0
213 65.140/o 114 34.86yo
27 51.92yo 25 48.08%
191 58.95% 133 41.05%
0 0
218 s7.98% 158 42.02% 376
0023403
10 38.460/o 16 61.54%
82 53.59/o 71 46.41Yo
0 0
92 51.40% 87 48.60% 179
0023404
Poll Place 28 47.46yo 31 52.54yo
216 53.60Yo 187 46.40% 403
0 0 0
244 52.81% 218 47.19%
0023412
29 56.86Vo 22 43.14Yo
204 6O.71%" 132 39.29yo 336
0 0
Total Total 233 60.21% 154 39.79% 387
552
Precinct
414
931
Page:4681 of4703
002341 3
7023405
7023407
7023409
7023411
Poll Place
Mail Ballot
Poll Place
Vote by Mail
Mail Ballot
Poll Place
Vote by Mail
Mail Ballot
Poll Place
Vote Mail
Mail Ballot
Poll Place
Vote by Mail
000
121812022 9:35:29 AM
Precinct
!
E
9-
3Eoo d>
431
Vote by Mail 431
Mail Ballot 431
431
0023414
Poll Place 1,O74
Vote by Mail 1,074
1,074
1,07400000000
Precinct
6q
oz
ooGoF
002341 3
Poll Place 14 41.18% 20 s8.82% 34
Vote by Mail 123 58.85o/o 86 41.15% 209
Mail Ballot
0 0
0 Total 137 56.38/o 106 43.62% 243
0023414
Poll Place 41 56.940/" 31 43.06% 72
Vote by Mail 331 59.860/0 222 40.14yo 553
Mail Ballot0
0 0
Total 372 59.52% 253 401,8% 625
7023405
Poll Place
00 0
Vote by Mail
0 0
0 Mail Ballot
00 0
Total0
0 0
7023407
Poll Place
0 00
Vote by Mail
0 00
Mail Ballot 11 57.89%o I 42.11% 19
Total 'I I 57.89% I 42.11% 19
7023409
Poll Place
00 0
Vote by Mail
00 0
Mail Ballot
00 0
Total
00 0
Poll Place
00 0
Vote by Mail00
0 Mail Ballot0
00 0
0 Mail Ballot
Total
76 76
76 76
7023411
0 Page: 4682 of 4703
Precinct
7023416
7023422
Poll Place
Poll Place
Vote Mail
Mail Ballot
Poll Place
Vote by
Mail
7023424
7023426
Cumulative
119
119
48 5,24800
48 Kern
Cumulative
Poll
Vote by
Mail
Cumulative
-
00 !
o
9- 'a9
oo d>
0 Vote by Mail
0 Mail Ballot
0 Total
0 119
11900
48 48000
l2lBl2022 9:35:29 AM 0
2,691
Mail Ballot
Vote by Mail
Precinct
U
oz
q, oooF
7023416
Poll Place
0 0
0 Vote by Mail
0 0
0 Mail Ballot
0 0
0 Total0
0 0
7023422
Poll Place
0 0
0 Vote by Mail
00 0
Mail Ballot 45 75.44Vo 14 24.56%
Total 43 75.44Yo 14 24.56%
7023424
Poll Place
0 Vote by Mail
0 0
, Mail Ballot
00 Total
0 0
7023426
Poll Place
0 0
Vote by Mail
0 0

43.757o9 56.25yo 16
Total 43.75%
9 s6.2s% 16
Kern County - Total 58.34o/o 1,121 41.66%
Cumulative
Cumulative
Poll Place
00 0
0 Mail Ballot00
0 0
Cumulative - Total
00 County
- 5,248 1,570 58.34Yo 1,121 41.66% 2,691
r*r 57
57 0
Vote by Maill
-+-
Mail Ballotl
Totall
__+
Poll Placel -------+
0000077
1,570
-t-- -+
g000
-l0
..-.,1
County
-

CITY OF

TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER t9,2022 AGENDA SECTION: FINANCE DIRECTOR

DEPARTMENT

APPROVED
CITY
TO
FROM:

DATE:

SUBJECT:

HONORABLE MAYOR SMITH AND COUNCIL MEMBERS

HAMED JONES, FINANCE DIRECTOR
DECEMBER L4,2022

ADOPT RESOLUTIONS AND APPROVE AGREEMENTS REQUIRED FOR THE CIW OF TEHACHAPI

LOCAL TRANSACTIONS AND USE TAX

BACKGROUND
On November 8, 2022, the City of Tehachapi residents voted to pass Measure S with flnal results showing votes in favor at 58.34o/o for a 1% transactions and use tax. This would raise the City's sales tax rate from the State minimum of 7.25o/o to 8.25o/o. Prior to implementation of this additional transactions and use tax, the City must enter into agreements with, and provide required documents to, the California Department of Tax and Fee Administration (CDTFA) for administration of the tax.

The CDTFA provides administration services for the collection, distribution, and reporting of the current 1o/o local jurisdiction portion of sales tax known as the Bradley Burns tax and is requesting new agreements for the onetime preparation as well as ongoing administration of the addition al 1o/o transactions and use tax. ln addition to the agreements, the CDTFA is requesting a list of City staff authorized to examine the sales or transactions and use tax records as well as any third-party consultant firms.

The City has an existing agreement with HDL Companies for sales tax reporting, auditing, and analysis relating to the City's current 1% portion of Bradley Burns sales tax. For the additional 1% transactions and use tax, HDL Companies requires an additional agreement for transactions tax audit services, economic analysis, forecasting, and related services.

FISCAL IMPACT
The CDTFA preparatory fees are a one-time cost to the City and are not to exceed $175,000, requiring a midyear budget adjustment to account 001-015-6730. Administration fees for CDTFA services are ongoing and such amounts will be deducted from the taxes collected by the CDTFA for the City.

The fees associated with the agreement with HDL Companies will be $2,400 annually for transactions tax and economic analysis, forecasting services, and reporting with a possible annual CPI change. Additionally, there is a fee of 25o/o ol the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by HDL Companies. These fees require a midyear budget adjustment to account 001 -01 5-6730.

Pursuant to Revenue and Taxation Code section 7265, new taxes or changes approved by voters in November 2022 are scheduled to become operative on April 1 , 2023. lt is estimated that the new 1% transactions and use tax for the City will result in approximately $1,000,000 in new sales tax revenue for Fiscal Year 2021-22 and approximately $4,000,000 per future fiscal years.

RECOMMENDATION
Staff recommends that the City Council:

2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI AUTHORIZTNG

EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXES RECORDS

3. APPROVE A MASTERS SERVICES AGREEMENT WITH HDL COMPANIES FOR TRANSACTIONS

TAX AUDIT SERVICES, ECONOMIC ANALYSIS/FORECASTING, AND RELATED SERVICES

1. ADOPTA RESOLUTION OF THE CIry COUNCIL OF THE CITY OF TEHACHAP! AUTHORIZING

THE MAYOR TO EXECUTE AGREEMENTS WTH THE CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX

CITY OF

TEHACHAPI

LEGALDEPARTMENT
RESOLUTION NO.

A RESOTUTION OF THE CITY COUNCIT OF THE CITY OF

TEHACHAPI AUTHORIZING THE MAYOR TO EXECUTE

AGREEMENTS WITH THE CAIIFORNIA DEPARTMENT OF

TA)( AND FEE ADMINISTRATION FOR IMPTEMENTATION

OF A TOCATTRANSACTIONS AND USE TA)(
WHEREAS, on November 8, 2022, the voters of the City of Tehachapi approved Ordinance No. 22-05-771 amending the City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a "Preparatory Agreement" and an "Administration Agreement" prior to implementation of said taxes; and wHEREAS, the Department requires that the City Council authorize the agreements;
NOW, THEREFORE, BE lT RESOTVED by the City Council of the City of Tehachapi that the "Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement" attached as Exhibit B are hereby approved and the Mayor is hereby authorized to execute each agreement.

PASSED, APPROVED AND ADOPTED on the 19rH day of December 2022 at a regular meeting of the City Council of the City of Tehachapi by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor of the
City of Tehachapi, California
I
CITYOF

TEHACHAPI

LEGALDEPARTMENT
ATTEST:

TORI MARSH, CMC, City Clerk of the 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 19th day of December 2022.

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
2 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with SectionT25l) of Division 2 of the Revenue and Taxation Code, the City of Tehachapi, hereinafter called City, andthe CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Departmenf, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, progftlrnming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staffand for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.

These costs shall include both direct and indirect costs as specified in Section 11256 of the Govemment Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.

City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) I

7. Communications and notices may be sent by first class United States mail.

Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879MIC:27
Sacramento, California 9427 9 -0027
Attention: Administrator
Local Revenue Branch
communications and notices to be sent to city shall be addressed to:

City of Tehachapi
Attn: City Manager
I 15 S. Robinson Street
Tehachapi, CA 93561

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF TEHACHAPI CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By
(Signature) Administrator
Local Revenue Branch
(Typed Name)
Mayor
(Title)
By
2 (Rev l l/17)

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Tehachapi has adopted, and the voters of the City of Tehachapi (hereafter called "City" or "District") have approved by the required majority vote, the City of Tehachapi Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is affached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the "Department") and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
l. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed underanordinancespecificallyauthorizedbyRevenueandTaxationcodeSection-)andin compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No.22-06-771, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.
l. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev. l0/17) 2
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.

The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 10/17) 3
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place ofuse.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. (Rev. l0/17) 4
Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 9427 9 -0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

City of Tehachapi
Attn: City Manager
I l5 S. Robinson Street
Tehachapi, CA 93561
Unless otherrvise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. l0/17) 5

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a f,rnal judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
l. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (Rev. l0/17) 6
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF TEHACHAPI CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
By
(Signature) Administrator
Local Revenue Branch
(Typed Name)
Mayor
By
(Rev. l0/17) 7
(Title)
cm oF

TACHAPI
LrcALDEMN
ORDINANCE NO.2246-77L

AN ORDINANCE OF THE CIW OF TEHACHAPI IMPOSING A

TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE
CALIFORN!A DEPARTMENT OF TAX AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF TEHACHAPI DO ORDAIN AS FOILOWS:

Section 1. Chapter 3.15 of Title 3 of the City of Tehachapi Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 3.15 - TRANSACTIONS AND USE TAX

3.16.010. TITLE. This ordinance shall be known as the City of Tehachapi Transactions and Use Tax Ordinance. The City of Tehachapi hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

3.16.020. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

3.16.030. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part

1.5 (commencing with Section 72571 of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part L.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the 1 cmoF
lBGAN
I FCAI DFARruMT
transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

3.16.040. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.16.050. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 7.OYo of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.16.060. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. ln the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.16.070. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 7.OYo of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.16.080. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 5001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.16.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. ln adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California; 2 ffiq
EAffiAN
!&LE^mN

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. ln those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. lmpose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. ln Sections 57OL,6702 (except in the last sentence thereof), 67L7,67L5, 6737,6797 or 6828 ofthe Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

7. "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars (S500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(bl of Title 26 of the United States Code and the regulations thereunder.

3.16.100. PERMIT NOT REQUIRED. lf a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.16.110. EXEMPTIONSANDEXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
3 CIBOF

EACHAPI
LrcAI.MARWN

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 274LL of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and ( ) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

7. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6365 and 6366.1 of the Revenue and Taxation Code of the State of California. 4 cE@
MACHAN
I EC;AI DI]'ARruENT

3. lf the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. lf the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 2147I of the Public Utilities Code, or undocumented vessels registered under Division

3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.15.120. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.5 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Parl L.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.15.130. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the 5 ffi@
BAfrAPI
I fCAI I)I?AKfuENT
collection under this ordinance, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected." Section 2. SEVERABILIry. lf any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 3. EFFECTIVE DATE AND TERMINATION. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately and shall remain in effect until repealed by the voters of the City of Tehachapi.

Section 4. CERTIFICATION. The City Clerk shall certify the passage of this ordinance and forward a copy of the adopted ordinance to the California Department of Tax and Fee Administration.

PASSED, APPROVED, AND ADOPTED by the voters of the City of Tehachapi, State of California, at the General Municipal Election held on November 8,2022.

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

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certifo that the foregoing Ordinance was duly and regularly adopted by the voters of the City of Tehachapi at the General Municipal Election held on November 8,2022.

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
Published in the Tehachapi News December 27,2022
6 CITY OF
TE}IACHAPI

LEGAL DEPARTMENT
RESOLUTION NO.

A RESOTUTION OF THE CIW COUNCIT OF THE CIW OF
TEHACHAP! AUTHORIZING EXAMINATION OF SATES OR
TRANSACflONS AND USE TN(ES RECORDS
WHEREAS, pursuant to Ordinance Number 22-06-777 of the City of Tehachapi (City), and Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Tehachapi deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7055 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, the City Council of the City of Tehachapi hereby finds, determines, and resolves as follows:

Section 1. That the City Manager, Assistant City Manager, and Finance Director, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City transactions and use taxes by the Department pursuant to that contract.

Section 3. That Hinderliter de Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter de Llamas & Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
I
CITYOF

TEHACHAPI

LEGAL DEPARTMENT
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contrac|
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE lT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City transactions and use taxes by the Department pursuant to the contract between the City and the Department.

Section 4. That this resolution supercedes all prior resolutions of the Council of the City of Tehachapi adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7055.

PASSED, APPROVED AND ADOPTED on the 19rH day of December 2022 at a regular meeting of the City Council of the City of Tehachapi by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
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 resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on 19th day of December 2022.

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
2 MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (this "Agreement") is entered into as of January 1,2023 (the "Agreement Date") by and between HDL COMPANIES ("Consultant"), &nd CITY OF TEHACHAPI ("Client"), which is located within the state of Califomia (the "State").

WITNESSETH:

WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of sales, use and transactions taxes, business license taxes, property and lodging taxes, and other revenues, as well as their delivery of public services (collectively, "Consultant's Business"); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant's Business (as provided for in Section l) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.

NOW THEREFORE, in consideration of the covenants and promises contained herein, Client and Consultant mutually agree as follows:

1. Services.

1.1 Consultant will perform those services included within Consultant's Business that are described in any and all schedule(s) referencing this Agreement and signed by Client and Consultant as of the Agreement Date or hereafter (individually and collectively, the "Schedule(s)"), upon the terms and conditions contained in this Agreement (including the Schedules) (such services are, collectively, the "Services"). In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).

1.2 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.

1.3 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with third parties to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services. During the Term of this Agreement, Client will not, directly or indirectly (except through Consultant), engage any third party to provide the Services or any services similar to the Services. 1269745.1 Page 1 ofl0

2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in the Schedules (individually and collectively these fees and costs are, the "Fees"). Consultant may perform the Services using professionals from its staff or Consultant's affiliated entities, and such Services will be invoiced to Client under the same terms applicable to Consultant's staff. Consultant may increase the Fees from time to time (including, without limitation, as may be described in any of the Schedules). Other than a Fee increase as described in the Schedules, Client may notiff Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client's satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section 7.3.

3. Invoices; Pavment.

3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.

3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirty-first (3Ist) day following the invoice date on all unpaid balances at a rate of one and onehalfpercent (l%%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes an invoice, only that portion so disputed in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any disputed portion of the invoice not timely paid and will be payable immediately if the disputed invoice is resolved in favor of Consultant.

3.3 If Client fails to fully pay an invoice within 30 days after the invoice date, Consultant may, after giving five (5) days' prior written notice to Client, suspend the rendering of Services under this Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of such a suspension of Services, Consultant will have no liability to Client for any delays or damages arising therefrom.

4. Insurance. Throughout the term of this Agreement, Consultant will maintain the following insurance in not less than the referenced amounts: (a) workers compensation and employers liability insurance as may be required by the State; (b) property damage liability of $1,000,000 per incident; (c) bodily inj.ry liability of $1,000,000 per incident; and (d) professional liability for any errors or omissions of $1,000,000.

5. Client Support.

5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant's perfonnance of the Services.

Without limiting the foregoing, Client will keep Consultant informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services (including any adopted by Client). Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by Client, and in no event will Consultant be liable to Client or others as a result of such reliance.

5.2 Client will examine all of Consultant's reports, specifications, notices, proposals and other documents. In the event that Consultant asks for a decision from Client in 1269745.1 Page 2 of10
order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.

5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.

5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.

5.5 The Services do not include services to support, prepare, document, bring, respond to subpoenas, act as a witness, defend or otherwise assist in litigation undertaken or defended by Client, which Consultant may be required by legal process or otherwise or requested by Client to provide (collectively, "Litigation Services"). In this regard, if Consultant agrees with Client or is otherwise required to perform Litigation Services, Client will promptly pay or reimburse Consultant for all of Consultant's costs and expenses related to Litigation Services (including, without limitation, Consultant's attorneys' fees and costs) at Consultant's actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).

6. Confidentialitv; Software Use and WarranW: Records.

6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations of which it has been informed by Client pursuant to Section 5.1 concerning the confidentiality of tax records. Consultant may publicly state that it performs Services for Client.

6.2 As used herein, the term "proprietary information" means all information, techniques, processes, services or material that has or could have commercial value or other utility for Consultant or in Consultant's Business, including without limitation, (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; (vi) materials, techniques and intellectual property used; and (vii) the Software and the Software's documentation. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this Agreement. The terms of this Section 6.2 do not apply to information that is public information; provided, however, that proprietary information will not quali$ as public information if it became public due to Client's (or its employees' or agents') disclosure.

6.3 If access to any software which Consultant owns is provided to Client as part of the Services under this Agreement (including, without limitation, if Client chooses to subscribe to such software and"/or related reports as part of the Services pursuant to a Schedule to this Agreement) (such Consultant-owned software is, collectively, the "Software"), Consultant hereby 1269745.1 Page 3 of l0
provides a limited, non-exclusive, non-transferable license to Client (including such of Client's staff as may be designated from time to time by Client and approved by Consultant in writing) to use the Software pursuant to and during the Term of this Agreement.

6.4 The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modiff, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client's staff of the Software nor any rights of Client or any of Client's staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation o0 any derivative work or product based on or derived from the Software or the Software's documentation, nor modifu (or allow the modification of; the Software or the Software's documentation without the prior wriffen consent of Consultant. In the event of a breach of this provision (and without limiting Consultant's remedies), such modification, derivative work or product based on the Software or the Software's documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from Client's computers and network). Consultant warrants that the Software will perform in accordance with the Software's documentation.

6.5 Notwithstanding anything to the contrary in this Agreement (including any Schedule hereto), if access to any software which Consultant does not own is provided to Client as part of the Services pursuant to this Agreement (including pursuant to any Schedule hereto), Client hereby agrees (i) to comply with all of the terms and conditions imposed on Client's access to such software (including, without limitation, by Consultant, such software's owner, and pursuant to applicable law), and (ii) Consultant has no obligation during the Term of this Agreement or thereafter to provide Client with access to such software.

6.6 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the joint property of Client and Consultant. This does not include the Software or any other software, any programs, any methodologies or any systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or third party copyrights or other intellectual property and remain Consultant's or such third parties' exclusive property (as the case may be). It is possible that any documents, drafts, communications or other work product provided to Client may be alleged to be public records under applicable law and/or may be discoverable through litigation. Well in advance of when Client may disclose such information in response to any request for public records, Client must notiff Consultant in writing about the request and, if Consultant requests it, Client must apply for any potential exemption from disclosure that may exist under applicable law.

6.7 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the 1269745.1 Page 4 of 10
responsibility of Client. Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the coruse of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).

7. Term and Termination.

7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect until twelve (12) months from such date (the "Initial Term"). This Agreement will automatically renew for successive twelve (12) month terms unless earlier terminated as set forth in Section 7 .2 or 7 .3 or either party gives the other party written notice of non-renewal at least one hundred twenty (120) days prior to the expiration ofthe then-current term (each a "Renewal Term" and, collectively, together with the Initial Term, the "Term").

7.2 This Agreement may be terminated by either party for cause upon not less than forty-five (45) days' prior written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notiffing party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the abovereferenced written notice and (ii) diligently complete the correction thereafter.

7.3 [n addition, either party may terminate this Agreement without cause upon not less than one hundred twenty (120) days' prior written notice to the other party.

7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto).

8. Indemnification

8.1 Consultant, on behalf of itself and its directors, ofhcers, employees, agents, direct and indirect equity holders, and affiliates (collectively, "Consultant Group"), agrees to fully and promptly protect, indemniff, reimburse and hold harmless Client, its directors, officers, employees, agents, direct and indirect equity holders, and affiliates (collectively, "Client Group"), from and against any and all liabilities, losses, claims, damages, personal injuries, death, expenses, and costs (including, without limitation, for attorneys' fees and costs) (each, a "Liability", and collectively, "Liabilities") which are the direct or indirect result of (a) any breach of any representation, warranty or covenant made by or given on behalf of Consultant under this Agreement, or (b) any gross negligence or willful misconduct on the part of any one or more of Consultant Group.

8.2 Client, on behalf of itself and the other members of Client Group, agrees to fully and promptly protect, indemnifr, reimburse and hold harmless Consultant and the other members of Consultant Group from and against any and all Liabilities which are the direct or indirect result of (a) any breach of any representation, warranty or covenant made by or given on behalf of t269745.1 Page 5 of 10
Client under this Agreement, or (b) any action or failure to act on the part of any one or more of Consultant Group where such action or failure to act was in good faith believed by any of Consultant Group at the time to be in conformity with this Agreement, or (c) otherwise related to or arising out of any act or omission by any one or more Client Group. In this regard, Client hereby acknowledges that it is responsible for instructing Consultant regarding Consultant's performance of Services under this Agreement, as well as the interpretation and meaning of the ordinances and/or regulations under which Consultant is performing Services under this Agreement.

8.3 Promptly after any member of Client Group or any member of Consultant Group (in each case, the "lndemnified Group") receives notice of the commencement of any proceeding for which Client or Consultant (as the case may be) intends to make a claim for indemnification under this Agreement, it should notifr the other party (the "Indemnifring Party"), but the failure to so notifu will not result in the loss of any rights of any of the Indemnified Group to indemnification hereunder except to the extent that the Indemnifring Party does not otherwise become aware of such proceeding and is actually adversely affected thereby to a material extent.

The Indemnifring Party will assume the defense of the Indemnified Group (including the employment of legal counsel reasonably satisfactory to the Indemnified Group) and payment of such counsel's fees and disbursements (including retainers). Should the tndemnified Group reasonably determine that separate counsel is necessary (whether due to the existence of different defenses, potential conflicts of interest or otherwise), or if the Indemnifring Party has not assumed the defense, then any of the Indemnified Group may employ separate legal counsel, and the Indemnifuing Party will pay such counsel's reasonable fees and disbursements as incurred (including retainers). The obligations of defense and indemnification under this Agreement apply, without limitation, to those situations where someone brings a cross claim for indemnity or contribution against any one or more of the Indemnified Group.

8.4 Neither Consultant nor Client shall, without the other party's prior written consent, settle, compromise or consent to the entry of any judgment in any pending or threatened claim, action, or proceeding or investigation in respect of which indemnification could be sought hereunder (whether or not any of the other party or any other member of the Indemnified Group is an actual or potential parry to such claim, action or proceeding or investigation), unless such settlement, compromise or consent includes an unconditional release of the other party and any other member of the Indemnified Group from all liability arising out of such claim, action, proceeding or investigation and includes an explicit disclaimer of responsibility of any kind on the part of the other party and any other member of the Indemnified Group.

9. Liabilitv Limitations: Governine Law: Dispute Resolution.

9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
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9.1.1 Except for Consultant's gross negligence or willful misconduct in connection with the performance of its obligations under this Agreement, Client's sole and exclusive remedies for any breaches of Consultant's obligations under this Agreement (including, without limitation, for any breaches relating to the Services or the Software, including any breaches of warranty, express or implied) (i) are limited to making reasonable and necessary repairs, replacements or corrections without additional cost to the Client, and (ii) will not exceed, under any circumstances, the amount of the Fees paid by Client to Consultant for the twelve-month period prior to the alleged breaches, calculated without reference to any payments constituting the payment of costs or expenses. All amounts paid to Consultant hereunder are deemed first to be for the reimbursement of costs or expenses and then any excess will be regarded as payments for other portions of the Fees under this Agreement. Any references to breaches of this Agreement will include any supplements, additions or amendments to this Agreement.

9.1.2 Except as may otherwise be expressly set forth in this Agreement, Consultant makes no warranty of any kind with respect to the Services or the Software, express or implied. Consultant hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

Consultant disclaims all warranties and responsibility for third party software.

9.1.3 [n no event will any of Consultant Group be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature whatsoever, even if such restrictions deprive one or more remedies of their essential purpose. This damage exclusion is independent of any remedies provided for herein.

9.1.4 None of Consultant Group will have any Liability (whether direct or indirect, in contract or tort or otherwise) related to, arising out of, or in connection with this Agreement or to any of Client Group acting on any advice given or opinion rendered by any of Consultant Group, except to the extent that such Liability is found by a court of competent jurisdiction in a judgment which has become final and that it is no longer subject to appeal or review to have resulted solely from such Consultant Group's willful misconduct or gross negligence.

9.1.5 No claim may be brought by Client against any one or more of Consultant Group arising out of this Agreement (including, without limitation, in connection with the Services or the Software) more than one year after the date on which such claim arose (regardless of the date when Client may have discovered a basis for the claim).

9.1.6 Client acknowledges that this Agreement is with Consultant in its capacity as a corporation or a limited liability company, and Client agrees that in no event will it seek to hold any of the Consultant Group (other than Consultant) responsible for any Liabilities.

9.2 The law of the State will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State's conflict of laws rules. Venue for any legal action arising out of this Agreement will be proper only in the State courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise.
1269745.1 Page 7 of l0

9.3 If either party is required to bring legal action to enforce its rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys' fees, will be paid by the non-prevailing party.

9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may deem appropriate. Such right is in addition to the remedies otherwise available to such other party at law or in equity. The parties hereto expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.

10. General Legal Provisions
l0.l Authorization to Proceed. Each Schedule must be signed by both Client and consultant before such Schedule will be binding on the parties hereto.

10.2 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, epidemics, pandemics or other health emergencies, or other events beyond the control of Consultant.

10.3 Amendment: Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.

10.4 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

Notwithstanding any otherprovisions ofthis Agreement (including, without limitation, Section 7), Sections 3, 5.5, 6,7,8,9 and 10 will survive the termination of this Agreement.

10.5 No Third-Partv Beneficiaries: Services Limited to Aereement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.

10.6 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. This Agreement is binding on the successors and assigns of the parties hereto. Notwithstanding anything to the contrary, Consultant may, from time to time, utilize one or more third parties to provide certain of the Services (including, but not limited to, as may be set forth in one or more of the Schedules). 1269745.1 Page E of l0
Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: HdL Companies Attn: Maria Soto-Sanchez, Email: msoto[email protected]; and Client: CITY OF TEHACHAPI, Attn: Greg Garrett, Email:
ggarr ett@tehachap i c ityhal l. co m.

10.7 Entire Agreement: Conflict. This Agreement (which includes any Schedules or amendments dated as of the Agreement Date or hereafter, including without limitation, amendments of the main body of this Agreement or the Schedules that may add to, subtract from, modifu or clarifr the Term, the scope of Services and/or the amount of Fees) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of any Schedules and the remainder of this Agreement as set forth in the main body of this Agreement, the terms and conditions of the remainder of this Agreement as set forth in the main body of this Agreement will prevail and be controlling; provided, however, that should there ever be a conflict between the terms and conditions of this Agreement (including any Schedules) and (i) any amendments hereof, the terms and conditions of the amendments hereof will prevail and be controlling, and (ii) the terms and conditions of any Schedule that expressly provides for them to supersede any terms and conditions of the main body of this Agreement, such terms and conditions of such Schedule will prevail and be controlling.

10.8 Countemarts: Electronic Signatures: Authoritv. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party's behalf.

10.9 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement.
[Signatures are on the next page]
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.

CONSULTANT: CLIENT:

HDL COMPANIES CITY OF TEHACHAPI
Ito'-
[Any Schedule or Schedules may (but is/are not required to) be attached hereto] Its
By
Its:
1269745.1 Page l0 ofl0
f+-.

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services

SERVICES

1. Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Consultant shall establish a database containing all applicable Department of Tax and Fee Adminisffation (CDTFA) registration data for each business within the Measure "S" District boundaries holding a seller's permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

1.2 Consultant shall provide updated reports each quarter identiffing changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.

Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

1.3. Consultant shall advise and work with CITY Staffon planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

1.4. Consultant shall make available to CITY the HdL proprietary software program and Measure "S" database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

2. Deficiency/Allocation Reviews and Recovery

2.1. Consultant shall conduct on-going reviews to identifu and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City.

Reviews shall include:

2.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure "S" City boundaries, and therefore subject to transactions tax.

2.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

2.1.(c) Review of state-wide transactions tax allocations and patterns to identifr any obvious errors and omissions.

2.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure "S" Transactions Tax District.

2.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting oflicials to verifr whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY's relations with the business community. 1248933.1 Page I of3

SCHEDULE A
Transactions Tax Audit Services
Economic Analysisfforecasting and Related Services

2.3. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

FEES

3. Transactions Tax and Economic Analysis/Forecasting Services/Reports

3.1. Fees shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

3.2. Consultant may change the non-hourly Fees established above upon at least 30 days' prior written notice to City (but not more than once a year). Any such change must be with reference to the 12- month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the "CPI Change").

4. Allocation and Audit Recovery Services

4.1 Fees shall be paid25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant's work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant's responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.

Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

5. Consulting and Other Optional Services

5.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

5.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days' prior written notice to City will be given.

6. General Provisions Relating to Fees

6.1. Fees fortravel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by City.

6.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City's monthly revenue disbursement.

7. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (*R&T Code") specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 1248s33.1 Page 2 of3

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district's officers and employees to examine state sales and use tax records.

The following conditions specified in Section 7056-(bxl) of the State of California R&T Code are hereby made part of this Agreement:

7.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

7.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information. 7 .3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.
'7.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions ofthe City as set forth by resolution adopted pursuant to Section 7056 (b) ofthe Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certifr that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

8. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant's Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant. City shall not sublet, duplicate, modifr, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staffwebsite logins shall be de-activated.

Proprietary Information. As used herein, the term "proprietary information" means all information or material that has or could have commercial value or other utility in Consultant's business, including without limitation: Consultant's (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.
1248933.1 Page 3 of3

TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET

MINUTES

TEHACHAPI CITY COUNCIL REGULAR MEETING,

TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,

TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND

TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, DECEMBER 5, 2022 – 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/Smdenotes 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

CALL TO ORDER
Meeting called to order by Mayor Smith at 6:02 pm

ROLL CALL
Roll call by City Clerk Tori Marsh

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

Absent: None

INVOCATION
Led by Bishop Paul Eisenzimmer, Tehachapi Church of Latter Day Saints

PLEDGE TO THE FLAG
Led by Councilmember Scrivner
CONSENT AGENDA Approved
Da/Po Ayes All

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 held on November 21, 2022 – APPROVED AND FILED
Approved And Filed
Da/Po Ayes All
Tehachapi City Council Regular Meeting – December 5, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN

3. Tehachapi Valley Recreation and Parks District (TVRPD) appointment – GENERAL SERVICES DIRECTOR ASHLEY WHITMORE GAVE STAFF REPORT; DIRECTED

STAFF TO ADVERTISE FOR THE APPOINTMENT OF ONE BOARD MEMBER FOR

THE TEHACHAPI VALLEY RECREATION AND PARKS DISTRICT (TVRPD) WITH A TERM TO EXPIRE ON FEBRUARY 2, 2027
Directed Staff To Advertise For
The Appointment Of One Board
Member For The Tehachapi
Valley Recreation And Parks
District (Tvrpd) With A Term To
Expire On February 2, 2027
Wi/Da Ayes All

FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for November 16, 2022 through November 29, 2022 -

AUTHORIZED PAYMENTS
Authorized Payments
Da/Po Ayes All

5. Disbursements and bills for RSI Petroleum for November 16, 2022 through November 29, 2022 – AUTHORIZED PAYMENTS
Councilmember Davies Recused
Himself Due To A Potential
Conflict Of Interest. He Is An
Employee Of RSI Petroleum.

Authorized Payments
Sc/Po Motion Carried
Abd Da

ASSISTANT CITY MANGER

6. Tehachapi Mountain Rodeo Association lease amendment – ASSISTANT CITY MANGER COREY COSTELLOE GAVE STAFF REPORT; APPROVED THE LEASE

AMENDMENT BETWEEN THE CITY OF TEHACHAPI AND THE TEHACHAPI

MOUNTAIN RODEO ASSOCIATION AND AUTHORIZED THE MAYOR TO SIGN Approved The Lease Amendment
Between The City Of Tehachapi
And The Tehachapi Mountain
Rodeo Association And
Authorized The Mayor To Sign
Sc/Wi Ayes All

PUBLIC WORKS DIRECTOR REPORTS

7. Wastewater Municipal Farm Lease – PUBLIC WORKS DIRECTOR DON MARSH GAVE STAFF REPORT; APPROVED THE LEASE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND TEHACHAPI FARMING AND RANCHING CO. FOR 81 ACRES

OF MUNICIPAL FARMLAND AND AUTHORIZED THE CITY MANAGER TO SIGN Approved The Lease Agreement
Between The City Of Tehachapi
And Tehachapi Farming And
Ranching Co. For 81 Acres Of
Municipal Farmland And
Authorized The City Manager To
Sign
Sc/Po Ayes All

8. Tehachapi Event Center and Rodeo Grounds Grandstand Retrofit Project – PUBLIC WORKS DIRECTOR DON MARSH GAVE STAFF REPORT; AWARDED THE

TEHACHAPI EVENT CENTER AND RODEO GROUNDS GRANDSTAND RETROFIT PROJECT TO MERJIL STEEL FABRICATION, INC. IN THE AMOUNT OF $78,600

AND AUTHORIZED THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT OR $7,860.

Awarded The Tehachapi Event
Center And Rodeo Grounds
Grandstand Retrofit Project To
Merjil Steel Fabrication, Inc. In
The Amount Of $78,600 And
Authorized The City Manager To
Approve Any Necessary Change
Orders Up To A Maximum Of
10% Of The Original Contract Or
$7,860
Sc/Wi Ayes All

DEVELOPMENT SERVICES DIRECTOR REPORTS

9. Enhanced Striping Project – Bid Award – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; AWARDED THE ENHANCED STRIPING

PROJECT TO SUPERIOR PAVEMENT MARKINGS IN THE AMOUNT OF
$186,049.90 AND AUTHORIZED THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT (OR $18,605)
Awarded The Enhanced Striping
Project To Superior Pavement
Markings In The Amount Of
$186,049.90 And Authorized The
City Manager To Approve Any
Necessary Change Orders Up To
A Maximum Of 10% Of The
Original Contract (Or $18,605)
Da/Po Ayes All
Tehachapi City Council Regular Meeting – December 5, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN

10. Agreement for Community Development Activity – Northside Neighborhood Improvements Phase III CD #20.21.1 – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; APPROVED THE AGREEMENT BETWEEN THE

CITY OF TEHACHAPI AND THE COUNTY OF KERN FOR COMMUNITY

DEVELOPMENT ACTIVITY FOR THE NORTHSIDE NEIGHBORHOOD
IMPROVEMENTS PROJECT PHASE III CD #20.21.1 AND AUTHORIZED THE

MAYOR TO SIGN
Approved The Agreement
Between The City Of Tehachapi
And The County Of Kern For
Community Development
Activity For The Northside
Neighborhood Improvements
Project Phase Iii Cd #20.21.1 And
Authorized The Mayor To Sign
Da/Sc Ayes All

11. Program Supplement Agreement to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 09-5184F15, Project No. STPL-5184 (042) and resolution for the Valley Boulevard Road Rehabilitation Project – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 54-22 AUTHORIZING THE MAYOR TO SIGN AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT TO ADMINISTERING AGENCYSTATE MASTER AGREEMENT NO. 09-5184F15, PROJECT NO. STPL-5184 (042) Adopted Resolution No. 54-22
Authorizing The Mayor To Sign
And Execute Program
Supplement Agreement To
Administering Agency-State
Master Agreement No. 09-
5184f15, Project No. Stpl-5184
(042)
Sc/Wi Ayes All

CITY MANAGER REPORTS

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

COUNCILMEMBER REPORTS

CLOSED SESSION

1. Closed session minutes of November 21, 2022 – APPROVED AND FILED Approved And Filed Wi/Sc Ayes All

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
No Reportable Action

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.

No Reportable Action

ADJOURNMENT
The City Council/Boards adjourned at 6:49 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 Monday, December 19, 2022 at 6:00 pm.

Adjourned At 6:49 pm
__________________________________

TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Tehachapi City Council Regular Meeting – December 5, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN Approved this 19th day
Of December 2022.
___________________________
Mayor, City of Tehachapi, California

CITY OF

TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER t9,2022 AGENDA SECTION: CITY CLERK

APPROVED

DEPARTMENT H
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: DECEMBER L4,2022
SUBJECT: DISPOSITION OF CITY OWNED PROPERTY

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 AUTHORTZING THE DISPOSITION OF CITY OWNED PROPERTY

CITY OF

TEHACHAPI

LEGAL DEPARTMENT
RESOLUTION NO.

A RESOTUTION OF THE CITY COUNCIT 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 tT RESOLVED BY THE CITY COUNCIT OF THE CIW 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
TETL{CHAPI

LEGAL DEPARTMENT
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 19th day of December 2022.

AYES:

NOES:

ABSTAIN
ABSENT:

MAYOR
City of Tehachapi, California
ATTEST:

TORI MARSH, CMC, CIW 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 December L9,2022.

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

TEHACHAPI

LEGAL DEPARTMENT
Exhibit A
Description: Reason for Disposition:

Kobalt tool chest Outdated
Kobalt tool chest on wheels Outdated
Husky Tool Chest Outdated
21 Piece Socket Wrench Set Outdated
Ridgid Vac Outdated
Red Cart Outdated
Floor Stapler w/Hammer and Case Outdated
Craftsman Tool Chest Outdated
SDI Sprayer Model#200D9-5 Outdated
Message Boa rd Vin#5 F 12S 1 2LXGLOO1219 Outdated
Misc. Hand Tools Outdated
3 TO:

FROM:

DATE:

SUBJECT:

BACKGROUND

APPROVED

COUNCIL REPORTS
MEETING DATE: DECEMBER 19, 2022 AGENDA SECTION: CITY CLERK

HONORABLE MAYOR AND COUNCIL MEMBERS

ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DECEMBER 14, 2022

CITY COUNCIL VACANCY
With the resignation of Councilmember Christina Scrivner on December 13, 2022, a vacancy for the District 2 City Council seat was created. Mrs. Scrivner's term was set to exprire in November, 2024. As the vacancy occurred in the second half of the term, the Council has 60 days from the date of the vacancy to either appoint a qualified candidate to the position or call for a special election. With either option the councilmember would only fill the remainder of the 4 year term.

OPTIONS

1. Direct staff to publish a notice to appoint one member to the District 2 City Council position to fill the vacancy created by the resignation of Christina Scrivner. This appointment would likely take place at the February 1, 2023 City Council meeting. The fiscal impact would be approximately $250 for publication in the Tehachapi News.

2. Call for a special election. The election would take place at the next regularly established election date in the County of Kern. The fiscal impact could be upwards of $20,000, depending on our share of cost.

RECOMMENDATION

DIRECT STAFF TO PUBLISH A NOTICE OF INTENTION TO FILL A VACANCY FOR MEMBER OF THE CITY COUNCIL

BY APPOINTMENT

NOTICE OF INTENTION TO FILL A VACANCY

FOR MEITIBER OF THE CITY COUNCIL
BY APPOINTi,IENT
NOTICE lS HEREBY GIVEN that that the City of Tehachapi will accept applications from qualified registered voters of District 2, for appointment to the City Council to fill the vacancy created by the resignation of Council Member Christina Scrivner, effective December 13,2022.

The term of this Council seat is from the date of appointment to certification of the November 2024 election.

Candidates must be 18 years of age, reside within District 2 of the corporate limits of the City of Tehachapi, and be registered to vote in the City of Tehachapi at the time the application is issued.

Applications must be returned by 5:00 p.m., February 1,2023.

The City Council will interview candidates separately and each applicant will have the opportunity to present their qualifications and discuss their candidacy with the City Council.

At a regular meeting of the City Council on February 6, 2023, each approved applicant may make a 3 minute presentation to the City Council. The applicant may then be asked to respond to questions the Cig Council may have regarding their presentation or application.

The City Council may make a decision at the regular meeting or may direct staff to place the matter on a future agenda for action
Application Period: December 20, 2022 throug h
February 1, 2023, close of office hours
Applications are available from: City Clerk's Office at Cig Hatt 115 S Robinson St.

Tehachapi, CA 93561
and on the City website at www.tehachapicityhall.com
Applications must be returned to: City Clerk's Office at City Halt 115 S Robsinson St.

Tehachapi, CA 93561
Application Deadline February 1,2023, close of office hours Accounts Pavable
Checks by Date - Detail by Vendor Number
User:

Printed:

CheckNo Vendor No
lnvoice No
afrescas
12/14/2022 l:54 PM
Vendor Ncme
Description

CITY OT

TEHACHAPI

CALIFORNIA
Check Drte
Referenc€
CheckAmount
ACH 0027
I0605530
r0605530-A
Atco Intemational
Snr/Degreas€r for Lit Station
Use Tax 7 .25Yo
1,829.58
-t23.68
Total for this ACH Check for Vendor 0027:

Total for Vendor 0027 (Atco Intemational):

BSKAssociates
Tt^ct 6216
Tract 6248
Wtr/G.oundwater Moniloring
City Fund Rd Rehab 21122
Wtr/Groundwater Monitoring
Encroachmmt Permits
General Fund Rd Rehab 21122
Wtr/Curry Site W€€kly Nihare Samples
Wtr/Curry Blend Weekly Nitrate Samples
Wtr/W€€kly Bacti Samples
Wtr,^fieekly Bacti Samples
Wtr,Drirkiry Water Samples
Wtr/Curry Sit€ W€ekly Samplcs
Total for this ACH Check fo. Vendor 0061 :

Total for Vendor 006 I (BSK Associates):

State of Califomia Depament of Justice
PD,4,ivescans/Nov 2022
Total for this ACH Chcck for v€ndor 012?:

Total for Vendor 012? (State of California Departmert ofJustic€):

P&J Electric lnc.

WtrMinton Well
Wtr/Curry Tankx I 0
Total for this ACH Check for Vendor 0182:

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

Mission Linen & Uniform Service
PWLin€n Maintenance
SWTNWTP Mats
t,?05.90
ACH 0061
0r00447
0100448
0100634
0100797
0r00819
t0(X01R
100652R
AF3050?
AF3094l
AF30967
AF3l182
AF3l79l
AF32228
1,705.90
1,835.00
57l.7S
5,s50.00
4,147.25
2,710.00
2463.OO
3,617.50

41.50 73.00
9r.00
172.OO

91.00 41.50
2t,404.50
2t,404.50
209.00
ACH 0127
6237 t7
ACH 0182
7996
7997
ACH 0300
518270082
5182?0083
209.00
209.00
7l L08
7l l 08
1,422.t6
|,422.t6
160.33
2',7.',t4
AP Ch€cks by Date - Detail by Vendor Number ( 12/1412022 1.54 PM) Page 1 Check No Vendor No
Invoice No
Vendor Nam€
Descdption
Ch€ck Drt€
Referenc€
Check Amount
518325306
518325307
0341
PC080509143
Pw,{-in€n Maintenance
SW/WWTP Mats
160.33

27.14 Total for this ACH Check for Vendor 0300:

Total for Vendor 0300 (Mission Linen & Uniform Service):

Quinn Company
Wtr/E-2 I 7 Partj
316.t4
ACH
376.t4
163.60
Total for this ACH Check for Vendor 0347:

Total for Vendor 0347 (Quinn Company):

Southern Califomia Edison
Air/80001 46 I 5 s,Dcnnison Vo Hwy 5 8/Oct I 8-N
Air/80001 52422i3 14 N Hayes St/Oci 18-Nov l6
Airl8000361331/314 N Hayes St Papi/Oct 18-N(
Air/8000880034/314 N Hayes St #c3/Oct l8-N(
Air/8001144201/314 N Hayes St #B/Oct l8-Nol
Air/800331244?/3 14 N Hayes St/Oc1 18-Nov l6
Air/8003312881/9999 I/2 Hayevoct l8-Nov l6
Air/8003326595/3 l6 N Mojave S/Oct l8-Nov I
Airl8003354614,^[est End Teh Airportoct l8-N
Strts/8000502976/3 18 East E St/Oct 2l-Nov 20:

PW800l115138/l 14 S Green (Cent Pl^za)/Oct 2
GG/E00441 l64113 I I East D SVOct 2l-Nov 20 2
Sms 8000971948 lll S Mojavc S/Ocr 2l-Nov
LLD/8O029514'15/329 l/2 D St/Oct 24-Nov 21 2
GG180027O6217 /200 W T€hachapi Blvd./Oct 24-
PD/8002893411/220 West C Sr/Oct 24-Nov 21 2
GG/8003326651/109 E Tehachapi Blvd/Oct 25-l
Swr/8003352493/880 Enterprise (WWTP Pond)/
Swr/80025212M/800 Entcrprise (WWTP)/OCt 2
SEts/8003885019/333 l/2 E Tehachapi/Oct 25-N
Strts/8004951232/209 1/2 E Tebachapi/Oct 25,\
PW8000413506/801 Mountaun View Ave/Oct 2
Strts/8001210096/3 3 5 Tehachapi Blvd Ped/Oct,
Strts/800096590/205 N Mill St/Oct 26,Nov 27 2
Strb/8003365285/Tehachapi Blvd do Grccn/Oc
Srrrs/8003887352/103 Tehachapi BlvdTocr 26-N
Sfts/800388751l/101 E Tehachapi Blvd #B/Oct
Strts/800237 1 967n 002 W Tehachapi Blvd A/Oc
Strts/80023E6384/1002 W Tehachapi Blvd B/Oc
Swr/8003886514/\YW Tuck€r Lift- Teh Blvd/Oc
Strts/80025151?g/TehachapiTucker/Nov 2022
LLD/80028 I sTo4rndustrial Pkwy-CurryAJov 2(
strrs/8002457897/800 S Curry St {ov 2022
Stfls/8002748942ffehachapi Blvd-Dennisoo Rd/
Str6/80025 I 5750,Mulberry-BrenrwooayNov 20i
Strrs/8000952476,^r'alley Blvd-Mulberry,Nov 20
LLD/800284 I 9 I 7/Pinon St-E Orchard-Curry St/
LLD/8004033054/Mill Sr-D srr{ov 2022
sfrs/8002844?82^,/alley BI w/o DerDison^ov ;
Stfls/8002397488/Tehachapi-Dennison^iov 2021
Shts/8oO2E I 7959/Tucker Rd/Hwy 202,t,lov 202:

Str6/80024545544,{ill & J Srr\ov 2022
163.60
ACH 0372
11172022
t\t72022-A
11172022-8
11r72022-C
11172022-D
11112022-E
tlt't2022-F
11t72022-c
\11?2022-H
t12t2022
t12t2022-A
t1212022-B
11212022-C
|222072
t\222022-A
t1222022-9
t1232022
t1232022-A
t1232022-B
11232022-C
11232022-D
t1282022
l\282022-A
t1282022-B
11282022-C
t1282022-D
t1282022-E
120t2022
t2012022-A
r2012022-B
12012022-c
t20t2022-D
12012022-E
r20t2022-F
t20t2022-G
t20t2022-H
r20t2022-r
120t2022-l
120t2022-K
t20t2022-L
12012022-M
12012022-N
163.60
2t8.'to

79.18 92.93

17.88 249.19
t2t.o4
t92.O9

74.47 45.11

66.34 376.00

65.40 1.68
151.02
2,443.81

64.36 2,029.41
\,t94.3'7

70.20 t5.2',1

20.35 37.01

64.78 26.t'l

56.81 108.78

71.33 25.t3
325.38

51.43 76.26
6l_60
100.32

78.8'l

60.48 350.32
t22.96
468.98
133.13
183.46

79.43 AP Checks by Date - Detail by VendorNumber (12/1412022 1:54PM\ Page 2 Check No Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
CheckAmottnt
12012022-0
120t2022-P
120r2022-Q
12012022-R
12012022-5
r20r2022-T
120t2022-U
r20t2022-v
\2012022-W
t20r2022-x
12012022-v
120t2022-Z
r2012022-zA
t20t2022-zB
t20r2022-zc
12012022-ZD
t20t2022-zE
r2012022-zF
120t2022-ZG
r2012022-zH
120t2022-Zl
12012022-ZJ
r2012022-zK
t20t2022-zL
12012022-ZM
t2062022
t2062022-A
t2062022-B
t2062022-C
t2062022-D
t2062022-E
t2062022-F
t2062022-G
r2062022-H
t2072022
t2082022
120a2022-A
12082022-B
sEts/8003094036/H St-Green SlNov 2022
LLD/8000679393/TR 45361 MulberryNov 202:

Strts/8002485759,4r,1i11 and J StNov 2022
Strts/8002738103/F St e/o MulberryNov 2022
LLD 1800 4243204 lE Teh^chapi Blvd-Steuber Rd
LLD/8002843239/Dennison-Pinon Sy'Nov 2022
srrts/8002489190/213 West I Sr,Nov 2022
Strts/8002502103/Highline & CurryA.Iov 2022
Sttu/800248666844i11 St s/o E St/Nov 2022
5fis1am33267951326 Est D StNov 2022
strts/E003354214/303 E Ave DNov 2022
Strts/80028003 84/Tucker-Valley,Nov 2022
Strts/8002826534/710 W Tehachapi Blvd/Nov 2t
Strts/80025033 65/Tehachapi Blvd-Dermison/No.

Strts/8000 I I 7087/Highw zy 202Nov 2022
Strts/80027??497lcoodrick Dr e./o DennisonNo
LlDl8002852577/Tehachapi Blvd-Bailey/Nov 2
Strts/8002504580/Dennison-Brett AveNov 2022
Strts/8002827801/2000 M€g€llan Dr/Nov 2022
LLD / 80028293 1 1 lMatnanite-creen/Nov 2022
Strts/80019 169 I 5/ I 00 W Tehachapi BlvdB/Oct r
Strts/8001941E99/l0l Wesr F SVOct 4-Nov 2 20
Strts/8000489050/TR 2995 Oakwood-ValleyNo
LLD / 8002452549 nR 2995 Oakwood-ValleyA\lo
Strts/8002452549/TR 2995 Oakwood-Va ey/No
PW8002992907/800 Ent€rpdse Shop/Oct I 8-N(
PW8000691540/800 Enteiprise/Oct l8-Nov t6
WdE00l1 19651/Cury Well^{ov 3 -Dec 5 2022
Wf/8000488189/Pinon WellNov 3-Dec 5 2022
LLD/80002933 83/ I 347 Clasico Dr Ped./Nov 3-D
LLD/8000296695n 1 I 5 Alder Av€ Ped,/Nov 3-D(
LLD/8000302048/1415 AlderAve Ped/Nov 3-D,
Wti/8000641860/1299 S Curry S/Nov 3-Dec 5 i
LLD/80M680470/ 1002 Applewood St Pump Str
W tr I AOM 62aO7 3 / I 29 * entwood Dr/Nov 4-Dcc
Swr/8003048390/755 Steuber W€lLNov 7-Dec 7
Air/8002672984/41 5 N Dennisonn{ov 7-Dec 7 2
Drair/8001 I 155 791409 Bailey AveNov ?-Dec ?
142.81

63.57 97.09
215.19

54.',74
1,312.66
\2..67
t7.21
\2.67

32.',73

18.41 155.40
179.84
t7.21

61.60 230.56

88.93 41.65
154.15
292.r9

62.t2
103.89

74.47 242.30
8,271.61
226.23

65.03 4,126.32
3,O30.23

40.20 11.92

17.53 2,152.54

35.35 2,507.\l

72.\6

46.40 3 t.34
Total for this ACH Chcck for vendor 03?2:

Total for Vendor 0372 (Southem California Edison):

ACH 0399 Sparkl€tts
4365880 120122 Srrr/Hot-Cold Water Cooler Rental
4365880 l20l22A PW,{Iot-Cold Water Cooler Rental
4365880 1201228 Wtr/Hot-Cold Water Cooler Rental
Total for this ACH Check for v€ndor 0399:

Total for Vendor 0399 (Sparkletts):

ACH 0426 Tehachaplcummings County Water Distri(
TCCWDI262022 Wts/Chemtoollandscap€Nov2022
TCCWDI262022-A Wtr/Henway La.ndscap€,Nov 2022
TCCWDI262022-B WtrMaste Mgmt LandsczpeNov 2072
TCCWDI262O22-C WIr/TUSDLandscape/Nov2022
44,549.O3
44,549.O3

1.56 7.56

7.56 22.64

71.80 4.50

57.62 6.68
AP Ch€cks by Date - Detail by Vendor Numb€r (l2ll4/2022 lts4Pli/) Page 3 CheckNo Vendor No
Invoice No
Vendor Neme
Dcscription
Check Drte
Referenc€
CheckAmount
TCCWD1262022-D
TCCWD1262022-E
TCCWD1262022-F
TCCWD1262022-G
TCCWDt262022-H
TCCWDt262022-l
TCCWDr262022-l
TCCWD1262022-K
LLDAVarrior Park l-andscape/Nov 2022
LLDICOT Lardscape/Nov 2022
LLD/COT Median LandscapqNov 2022
Wts/TUSD-DN2 LandscapeNov 2022
WIi/TUSD-DN4 LandscapeNov 2022
Wt/TUSD-DN6 I$dscspe^lov 2022
WIr/TUSD-DNE Inndscap€,Nov 2022
Gc/St€uber Ladscape.Nov 2022
Total for lhis ACH Check ior Vendor M26:

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

Tehachapi News
S&L Surface Treatheht
Enhanced Striping
Tolal for lhis ACH Check for Vendor (X1
Total for Vendor 043 I (Tebachapi News.):

Vulcan Materials Company
Sms,4Iot Palching
Tolal for this ACH Check for Vendor 0,+41 :

Total for Vendor 0441 (Vulcan Materials Company):

Tehachapi S€nior Cent€r Inc.

Utility Cost Support/Meals on Wlrcels/D€c 2022
Total for lhis ACH Check for Vendor 0445:

Total for Verdor 0445 (Tehachapi Senior Center Inc.):

USA Bluebook
Wtr/Chlorine Reagent Set
Sw/I-ab Supplies
Swr/kb Aprons
Wtr/Tools-Kn€€ling Pads
Tolal for this ACH Check for Vendor 0450:

Total for Vendor M50 (USA Bluebook):

WTTS Every4hing for the Offic€
DSD/Offce Supplics
GcPenycopy Paper/Tape/Lett€r Op€n€r/Env€k
Gc/Custom Print€d Envelop€s
Total for this ACH Check for V€ndor 0476:

Total for Vendor 0476 (WITTS Everything for the Office):
221.40
186.34

14.86 4.54

4.50 39.47
2t.07

79.61 ACH 0431
1022109028
ro22t09024-A
044l
734E9590
0445
scl1302022
7t2.39
1,036.50
904.00
1,940.50
1,940.50
1,006.13
ACH
ACH
ACH
1,006.13
1,006.13
400.00
400.00
0450
172261
186612
189893
l9l3l0
ACH M'16
305333
30't226
308282
400.00
509.l7
280.&

50.80 1,016.35
1,856.36
1,856.36
284.23
t45.7',|
213.43
643.43
AP Ch€cks by Date - Detail by Vendor Numb€r (12/1412022 1.54 PM\ Page 4 CheckNo Vendor No
Iovolce No
Vctrdor Nane
Dercrlpdo|!
Chcck D.tc
R.fcrenc€
CbcckAmount
AcIt 0745
1505839
Jim Bu*e Ford
PV/PD Vehicle Stek 260.66
Totrl fot lhir AcH Cbcck for r/endor 0745:

Total for Vend,or 0745 (Jim Bur*c Fo(d):

ACIVA/JPIA
Medical Insurarca Premium & Adjusb€nt
Dcntal Iocura6ce Pr€rnium & Adjustm.nt
Vilion hsurauce Pftrniutn & AdjusEn€trt
Lif€ Insurance h€rEium & Adjustoeot
Total for ihis ACH Ch€ck for Vcrdor 0832:

Total for Vendq 0832 (ACWATPIA):

Hindediter dellamas & Associates
Fir/2Q22 Sll€r Tar (&-Dec 2022)
Totrl for this ACH Clck for vcndor 1034:

Total for Veodor 1034 (Hindsrlitcr d€Llall|8s & Associates):

USDARUnI Developm€nt
Wh/Ca5€ fl)+0154956m0t0 Ucode 9Ul"osn 0
Swr/Casc flX-015-0956000t0ucode 92 ,oan 0
Totsl for rhis ACH Cb€cL foi V€ndor 106l:

Total for V€Ndor 106l (USDA Runl Devclopment):

Thre€-Way Chewolet
PIU/TE'-33 R€pan
Tolal for ftis ACH Chcck for Vendor 1085:

Total for Vendor 1085 (Thee-Way Chcvrol€t):

M&Ms Sports Unifonns & Embioidcry
PDrunifordr/Gomez
cc{Ita Plu6h Blaltd
Torrl for lhit ACH C'heck fot Vcodor l2t6:

Total for V€ndor 1286 (M&Ms Sporb UniforEs & Embroidery):

Grainger
PWAnncx R€Fair
2fi.66
ACH
ACH
0832
06%E4l
0696E41-A
0595E41-B
0696841-C
260.66
74415.57
9,3$.63
1,546.14
1,955.31
87,318.65
ACH
87,318.65
1,597.01
1034
sIN023410
ACH 106l
usDA2023
USDA2023-A
ACH 1085
cvcsl35580
1,597.01
1,59?.01
2,567.25
1,417.5O
39t{-7s
39U.75
45!.t2
453.t2
t286
53706
54148
ACH t44l
9509493542
453.12
336.07
2229.73
2,565.E0
1565.t0

40.7r

4.71 AP Chects by DAre - Detail by V€ndorNumber (lAl4DO22 ltSA Pl{) Tel for tlis ACII Cb€ck for r/€ndor 1,141 :

Pegc 5
CheckNo Vendor No
Invoice No
Vendor Nrme
D€scriptior
Ch€ck Drte
Reference
CheckAmount
ACH 1469
KCC|t222U2
Tolal for Vendor I 44 I (Grainger):

Kem CountyAuditor-Controller-County Cl
CEQA Filing F€e/Valley Recr€ation Park
Total for this ACH Check for Vendor 1469:

Total for Vendor I 469 (Kem County Auditor-Controller-County Clerk):

Tehachapi Lawn and Garden Equipment
Pwchainsaw Repair
Pwchainsaw Repair
PwBackpack Blower Tune Up
PWBac\rack Blower Trme Up
PwBackpack Blower Service
PWPole Pruner Service
PWPole PrunEr Service
Total for this ACH Chcck for Vendor 1947:

Total for Vendor 1947 (Tehachapi Lawu and Garden Equipment):

SSD Systems
ED/Remot€ Programming Fee
Total for this ACH Ch€ck for Vendor 1982:

Total for Vendor 1982 (SSD Systems):

AV Fuel Corporation
Airll00LL Aviation G
Total for lhis ACH Check for Vendor 2026:

Total for Vendor 2026 (AV Fuel Corporation):

Coffee Break Service Inc.

CC/Cotre€ Service & Supplies
Tolal for this ACH Check for Vendor 2147:

Total for Vendor 2147 (Coffee Break Service Inc.):

DataProse lnc.

Rcfrurility Bills Printine/Nov 2022
Wtrrutifty Bills I,rinting/Nov 2022
Swrrutility Bills Printing/Nov 2022
R€frudlity Bills Posrage/Nov 2022
Wtrrudtty Bills Postagen{ov 2022
Srrrrudlity Bills Postag€/Nov 2022

40.11 50.00
ACH
ACH
t94'l
2951
2952
3t44
3145
3150
3153
3154
t982
P-010M801
2026
0t?789040

50.00 l18.75

91.25 55.00

68.92 67.50
7a.92
9t.25
571.59
ACH
57 | .59

29.60 29.60

29.60 t8,111.9',1
\8,717.97
18,71',7.97
121.05
2147
DO94957
ACH 2478
DP2205179
DP2205179-A
DP2205179-B
DP2205t79-C
DP2205179-D
DP220st79-E
121.05
121.05
188.11
188.1I
188.12
462.29
462.29
462.30
1,95t.22
AP Checks by Date - Detail by Vendor Number (1A1412022 1.54 PM\ Total for this ACH Check for vendor 2478:

Check No Veddor No
Invoice No
Vendor Nrme
Description
Check Drte
Reference
CheckAmount
ACH 2539
1285
1286
2592
sw-0245538
wD-0215713
wD-0216010
2600
1459101
t4'n609
ACH 2695
A-3103110
B-6103347
c-6103347
D-6013106
E-601I106
F-5013458
G-5521346
H-s6t325'7
I-5613260
l-5620992
K-5620992
L4521417
M-4613310
N-4613310
0-4613364
P-46133U
Q-462r033
R-3013240
s-310765
T-351I192
u-351I t92
v-3511192
w-3613391
x-3613445
Y-3613445
YA-9013332
YB-9021017
Total for this ACH Check for Vendor 2592:

Total for Vendor 2592 (SWRCB Fees):

Total for Vendor 24?8 (DataProse Inc.):

Loop Electric Inc.

Strts/Add Push Button on Vall€y & Curry
Sms/Trafrc Signal Repair/Teh Blvd & Monolith
Total for this AcH Check fot Vendor 2539:

Total for Vendor 2539 (Loop Electric Inc.):

SWRCB Fees
PwAnnual Permit Fee
S\'rrlAnnual WWTP Discharge Permit
S]It/Ainual WWTP Coll€ction Fe€
1,951.22.
11,500.00
546.00
12,046.00
ACH
12,046.00
200.00
41,063.00
3,453.00
44,716.00
ACH Holliday Rock Co. Inc.

Strts/Curb & Gutter /Anita
Stru/Green St. Draio
44,7\6.O0
916.99
|,294.90
Total for this ACH check for Vendor 2600:

Total for Vendor 2600 (Holliday Rock Co. Inc.):

Home Depot Credit Services
Pw/Retum Rotary
PW,/Retum Christmas Tree
PWRetum Tool Box
Pwstorage Container
PwToilet Repair-Annex
Ai/Small Tools
PW nigation Repair - Teh Blvd
Air/Padlock
Wtr/Shop Supplies
Swr/Themostat for Shop
PwKeys/Ofiice Heat€r
PWCar Wash Suppli€s
PWTools
Wtr/Safety Gloves
Wtr/Water Line Repairs
PWIools
PwTools/Rotary-Lock Cutter
Pwshelving for PW Shop
PWPlisr Set
PwToilct R€pair
Pw/Shop
Wtr/T-121 Coupling
Pw/Rotary
PWCurry Tanls
Shts/Green St. Drain
Strts/Green St. Drain
2,21t.89
2,2tt.89
-144.60
-52.61
-10.38

16.07 171.90
123.58

46.28 29.80
200.36

41.81 50.45

13.90 56.68

24.60 28.11

20.24 203.36

42.O7

30.00 26.98

23.40 9.40
149.08

34.73 35.65

88.&
AP Checks by Date - Detail by V€ndor Number (12/14/2022 l:54 PM\ PaAe 7 Check No V€odor No Verdor Nrlne
Invoice No Description
Check Date
Reference
CheckAmount
YC-9613800
YD-9613810
YE-9613823
YF-9621380
YG-E013352
YH-8300902
YI-8511627
YJ-a52t't70
YK-7511688
vL-151r722
YM-7613950
YN-7613950
YO-7613950
w-65 152
YQ-6511765
YR-6511774
YS-6511801
YT-26 | 4305
\u-2621840
w-1512192
YW-512251
vx-614462
y-t-6t4462
vz-62t961
2-6514839
zA-4022010
zB-4022010
zc-46t4933
2D4614980
zE-46t4980
zF -4622335
2G4622341
zH4622385
zr-3022M9
zJ-3022U9
zK-3t32146
zL-35227t4
zM-3522140
T,r-3522140
zo-36t5025
zP-3622404
zQ-3622414
zR-36224t4
zs-2022t49
zT-2512A95
zu-2512933
zv-2615155
zw-22271
Air/Adaplers
Swr^fiood for Pond
Stnvcreen St. Drain
LlDnrrigation Supplies
Swr/Stormwater Samples Site Prcp
Strts/Green St. Drain
Pwchristmas Trce Decontions
Wtr/Tools
PWTrash Supplies V-40
Pwchristrnas Storage Bin
Pw/Iools
Strtvsheet Light R€pair
Pwchristrnas Depot
PWTool Bag/Wrerch Set
PwToolvRatchet Strap
PWTrees- Centennial Plaz
Pwrutility SacUstaples
Strts,/GFCI for Street Lighrs
Pw4nigation Repair-Pa* N Ride
PWNut Driver S€ts
Pw/Keys
Pw/T-129
Wtr/Saw Trailer
Pwcrafiti Clean Up
Air/Fuel Syst€m Repairs
Pw/T-129
PWSaw Trail€r
Air/Fu€l Systern Repairs
Pw/T- 129
PWSaw Trailer
Wtr/Backflow Insulation Park & Ride
Wtr^Ir'ahkftom W€ll - Roof Repair
SWTNTWTP Cabinet
PWn-129
Wdsaw Trailer
PWF-1 Fire Truck
Pw/T-129
Wtr/Saw Trailer
PWTrash Bags
Srnr/Imulation Tape
Pw/T-129
Wtr/Saw Trailer
ED/Cbristrnas Decorations
ED/Christrnas Decorations-Pergula
ED/Christrnas Decorations-Pergula
ED/Lights for Hom€to*n Chrismas
ED/Christmas Parad€

31.11 20.45

8.56 2t.94

25.23 t4.26
331.45

24.65 52.49

13.50 85.56
132.02
t2'7.24

40.52 9.62
.19

26.31 30'7.36

9.56 20.49

9.77 52.59

12.85 36.t7

36.17 7.26

6.22 6.23

21.30 109.82

11.7 7

10.68 10.68

7.47 84.02

34.81 34.80
9l.00

12.42 '7.19
't.18

12.43 20.19

25.t4

62.t',l

16.61 Total for this ACH Check for V€ndor 2695:

Total for Vendor 2695 (Home Depot Credit Services):

Integrity Glass Inc.

P€rmit overpayment Retund BLD22-00523lPen
Permit Overpaymmt Retund BLD22-00523/Bldl
Permit Overpayment Refirnd BLD22-00523lDoc
Permit Overyayment Refihd BLD22-00523/Crer
3,395.49
ACH 2700
t1222022
r\222022-A
t1222022-9
t1222022-C
3,395.49

9.30 11.63
155.00

4.75 AP Checks by Date - D€tail by Vendor Number (1211412022 l:54PM\ Page I Check No Vendor No
Invoice No
Vendor Name
Description
Check Drte
Refeience
Check Amount
Total for lhis ACH Check for V€ndor 2?00:

Tolal for Vendor 2700 (Integrity Glass Inc.):

Cardmember Service
Arco Gas/RMA Board Mtg/C Copus
PaypavAccela On-Line Payment(Recurring)
Marriott Monterey/CalPerla t dging/C Copus
Comm/B&H/DI Mini 3 Pro/K Budge
Mountain Gardens/Iree Replaced on W Teh Blvr
Total for this ACH Ch€ck for Vendor 2893:

Total for Vendor 2893 (Cardmernber Service):
180.68
ACH 2893
A,8130
B-9246
c-2616
D-3252
E-3529
180.68

61.99 30.00
924.66
1,856.33
171.59
3,050.57
ACH KemData.Com
2023 Annual Subscription
3,050.57
440.00
29t5
20230008
2963
19178234
t9178404
19178405
t9t18406
19t7&,07
19178408
19178410
19178411
19178412
19178602
Total for this ACH Check for Vendor 2915:

Total for Vendor 2915 (KernData.Com):

AT&T
PD/Phone Lines #93 9l (X0069n,lov 6-Dec 5 202
GG/City Hall Line I #9391006712n,1ov 6-D€c 5
SIt/WWTP Ofrc€ #93 9 I 006713Nov 6-Dec 5 2
RR Depot #939 1006715/Nov 6-Dec 5 2022
Swr/Lift Station #9391006715/Nov 6-Dec 5 202
GG/City Hall Fax #939100671l/Nov 6-Dec 5 20
PWDSL Fax #9391006719/Nov 6-Dec 5 2022
Air/Fu€l System #9391006720,Nov 6-D€c 5 202
Auto Dial 1002 AFplewood Pump Stn #9391006
PD/Phone Lin€s #9391009314/Nov 6-Dec 5 202
Total for lhis ACH Check for V€ndor 2963 :
fotal for Vendor 2963 (AT&T):

Verizon Wireless
PD,&lobil€s #242395501Nov 2-Dec I 2022
Total for this ACH Check for Vedor 3011:

Total for Vendor 30 I I (Verizon Wirel€ss):

AECOM Technical Services Inc.

Walman Warraffy
SCE Rule 20A
Pinon Curry Condos
Tmct 6714
Walmart Warranty
Nitrate F€sibility study
440.00
ACH
440.00
42E.30
247.17
t42.88

67.38 23.58

23.59 23.54

23.58 23.58

29.27 1,033.51
ACH
1,033.51
992.94
301I
9921816331
ACH 3066
200068523'l
2000685239
2000687342
2000687342-A
2000695416
2000695477
992.94
992.94
12,765.00
1,655.00
9,084.00
20,545.00
1,800.00
t2,'t34.50
AP Check by Date - Delail by V€ndor Number (12/1412022 l:54 PM) Page 9 Check No Vendor No Vendor Nrme Check D.te
Refer€nce
CheckAmount
InvoiceNo Description
Total for this ACH Check for Vendor 3066:

Total for Vendor 3066 (AECOM Technical Services Inc.):

S. G. Soto Tires Service
PWTE-35 Tire Changc/Balance
Wtr/V-43 Tire Chang€-Balanc€
PWIE-33 Tire Repair
Wtr/V-37 Tir€ Change
Airnr'-l 8 Airpoft Vehicle
Swr/E-2l8 Flat Tii€ R€pair
Total for this ACH check for Vendor 3 173:

Total for Vendor 3173 (S. G. Soto Tires Service):

Raymond's Trophy & Awards
GG/Plates
Total for this ACH Check for Vendo.3243:

Total for Vendor 3243 @aynond's Trophy & Awards):

Master Meter Inc.

Wtr/Software Support 2023
Total for this ACH Check for Vendor 3322:

Total for Vendor 3322 (Master Meter Inc.):

Independent Fire and Safety Inc.

Pwsenior Ctr Maint Svc
Total for lhis ACH Check for Vendor 3429:

Total for Vendor 3429 (lndependent Fire and Safety Inc.):

AAA Quality Services Inc.

Air/New Extinguish€r
Total for this ACH Check for V€ndor 3573:

Total for Vendor 3573 (AAA Quality Services Inc.):

Tractor Supply Credit Plan
PWPosts for Tehachapi Blvd
Wh/Safety Gloves
Wts/Iools
Wtr/Tools
Swr/Cold Weather Gear/A Garza,^r' Aguilar
Wtr/Exterlsion Cords
PWN-30 Tool Box
58,583.50
ACH 3173
1430
l43l
1433
t434
l415
t439
ACH 3243
86581
ACH 3322
253223
ACH 3429
58418
ACH 3573
154378
ACH 3730
100713M1
100713564
100715346
10071535E
200495433
200496693
3000002997
58,583.50
105.00
141.45

20.00 140.00
250.00

60.00 716.45
't t6.45
t2.4s
t2.45

12.45 1,750.00
1,750.00
1,750.00
211.50
2I7.50
217.50
103.99
103.99
103.99
170.04

16.40 49.t7

6.84 255.23

25.72 353.91
AP Checks by Date - Detail by Vendor Number (l2ll4/2022 l:54 PMI Page 10 Check No Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Check Amount
Total for this ACH Check for Vendor 3?30:

Total for Vendor 3730 (Tractor Supply Credit Plan):

Gardening Maintenance Corporation
Yard Maint€nance/495 1 8 Michael Av€
877.31
8't'7.31
2,250.OO
ACH 3836
15 ACH 3848
4447-152019
4447-152229
4447-152257
4447-152275
4447-152300
4447-t52381
4447-t52483
4447-t53061
4441-t53090
444't -t53500
4447-t53s0r
4447-153501
4447 -153705
4441-154349
444't -15435'l
4447 -t54354
444',t -t5U2l
4447 -ls442s
444t -154448
444',1 -154449
4447 -154452
4447 -154452-A
4447 -t54477
4447 -ts4s60
4447 -154591
4447 -154924
4447 -1555'13
4447 -1555',t 6
4441-t555al
4447 -t56380
ACH 3863
1128
Tolal for this ACH Check for Vendor 3836:

Total for Vendor 3836 (Gardening Maintemnce Corporation):

O'Reilly Automotive Inc
Wtrny'-26 S€nsor
PW,4/-3 I Wip€r Blades
PWTE-2E Battery
PWTE-28 Core Return
Swr,G-218 Blue DEF
Wrrnr'-43 Filter Change
PW,^r'-4 tgnition Lock
PW,4/-39 BatieryMip€r Blade
Pw/E-21 2 Minor,^Viper Blade
Wtr/V-26 Oil Filter/Brakes/fryac
Air/Chery Colonado Maintenance
Wtr/V-26 Pads
Wtr/V-37 Oil/Air Filter
PW,4r'-27 Oil Filter/Oil Drain Plug
PWV-35 Batiery
Pw,€xtension Cord
Wtr/V-26 Retum Pad
PWV-38 Batlery
PW,4y'-38 Cor€ Retum
PWAy'-35 Cor€ Retum
PWT-129 Bed Lincr
Wtr/T-129 Bed Liner
Wtr/Shop Towels
PWE-212 Wiper Blade
Wr^r'"26 Air Filter
PWTE-38 Oil Fiher/Oil Diain Plug
GG,^r'-29 Oil Filter/Oil Diain Plug
PWAr'-22 Igition Lock
PWV-22 Door Intch
Air/Fuel Can
2,250.00
2,250.00

81.99 7 t.30
t89.59
-22.00
rr5.17

59.66 109.80
313.81

30.87 528.99

93.35 34.'t4
t3.62
212.55

7.50 240.t9
-22.00
-22.00
104.35
lM.34

30.01 l3.l I

31.90 13.62

15.29 66.07

55.23 31.09
Total for this ACH Chcck for Vendor 3848:

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

Kemprint Services
PD/Property Rel€ase Forrns
Total for lhis ACH Check fo! vendor 3E63:

Total for V€ndor 3863 (Kemprint Services):
231O.a7
2,370.87
20s.1s
205.75
AP Checks by Date - Detail by Vendor Number (l2ll4/2022 l:54PM\ Page t I CheckNo Vendor No
Invoice No
Vendor Nrme
Description
Check Drte
Reference
Check Amount
ACH 3969
101620
ACH 401I
cK220a6-aa2'l
40t'7
006598611
ACH 4065
307611 s
307611 S-A
307611 S-B
307E38 S
30?838 S-A
307838 S-B
307838 S-C
307838 S-D
307838 S-E
307839 S
307839 S-A
307839 S-B
307839 S-C
307839 S-D
307839 S-E
307840 S
307840 S-A
307840 S-B
307840 S-C
307840 S-D
307840 S-E
307E40 S-F
307841 S
307841 S-A
307841 S-B
307841 S-C
307841 S-D
307841 S-E
307842 S
307842 S-A
307842 S-B
307842 S-C
307E42 S-D
307842 S-E
Labsource Inc
Swr/Safety Glov€s
Michael K Nunley & Assoc Inc
Sage Ranch
Tolal for this ACH Check for vendor 3969:

Total for Vendor 3969 (Michael K Nunley & Assoc Inc):

Babcock Laboratories, Inc.

WWTP Weekly Sampleslsep 2l -Ocr 12 2022
Total for this ACH Check for Vendor 401l:

Total for Vendor 401 I (Babcock Laboratories, Inc.):
4,932.41
4,932.41
4,932.41
1,101.64
I,I01.64
ACH
1,101.64
I,l5?.33
Tolal for this ACH Check for Vendor 4017:

Total for Vendor 4017 (LabSource lnc):

Am€rican Safety Services Inc
Pwsafety Gloves
Wtr/Saf€ty Gloves
Swr/Safety Gloves
PWFirst Aid Kit Inspection & Suppli€s
PD/First Aid Kit Inspection & Supplies
GGFirst Aid Kit Inspection & Supplies
DSD/First Aid Kit lnspection & Supplies
Wtr/First Aid Kit Inspection & Supplies
Swr/FiNt Aid Kit Inspection & Supplies
PWAED Insp€ction Fee
PD/AED Insp€ction Fee
GG/AED Inspection Fee
DSD/AED Inspection F€e
Wtr/AED Inspection Fee
S*T/AED Inspection Fee
Pwsafety Consulting Inspection & Reporting
PD/Safety Consuhing Inspection & R€pofting
Gc/Safety Consulting Inspection & Reporting
DSD/Safety Consulting Inspection & Rsportitrg
Wtr/Safety Consulting Inspection & Reporting
Swr/Safety Consulting Inspection & Reporting
Air/Safety Consulting Insp€ction & R€porting
PWFint Aid Kit Inspection & Supplies
PDfirst Aid Kit Insp€ction & Supplies
GG/First Aid Kit Insp€ction & Supplies
DSD/First Aid Kit Insp€€tion & Supplies
WtrFirst Aid Kit Inspection & Supplies
Sl*r/Fi$t Aid Kit Inspection & Supplies
PWAED Inspection Fee
PD/AED Inspection Fee
GC/AED lopection Fee
DSD/AED Inspection Fee
Wtr/AED Inspection Fee
Swr/AID Inspection F€€
I,157.33
t,157.33

90.10 16.60

11.86 50.50

20.20 20.20

20.20 20.20
,70.,7 |
r 5.00

15.00 15.00

15.00 7.50

7.50 211.34

98.63 98.63

98.61 49.32

49.32 98.63

44.24 17.70
t7.69

17.69 11;70

61.94 15.00

15.00 15.00

15.00 7.50

7.50 AP Checks by Dat€ - D€tail by Vendor Number (12/14/2022 ltS4PND Page 12 Check No Vendor No
Invoice No
Vendor Name
Description
Check Dat€
Reference
Check Amount
307843 S
30?843 S-A
307841 S-B
307843 S-C
307843 S-D
307843 S-E
107843 S-F
307844 S
307844 S-A
Pwsafety Consulting Inspection & Reporting
PD/Saf€ty CoDsultiry Inspection & Rcporting
Gc/Safety Consulting Inspection & Repodng
DSD/Safety Consulting Insp€ction & Reporting
Wtr/Saf€ty Consulting Inspection & Reporting
Swr/Safety ConsultinS Inspection & R€porting
Air/Safefy Consulting Inspection & Reponing
Wtr/Confined Space Entry Trailer Inspection
Swr/Confined Space Enfy Trail€r Inspection
Total for this ACH Check for Vendor 4065:

Total for Vendor 4065 (American Safety Services Inc):

Waste Management
Retuse Cont-.ct Oct 2022 Billing
Recycling Contract Oct 2022 Billing
Kem County Bin Disposal Fees Oct2022 Billin!
Total for tbis ACH Chock for Vendor 4142:

Total for Vendor 4142 (Waste Management):
2|.34

98.63 98.63
9E.63

49.32 49.32

98.63 75.00
?5.00
2,206.53
ACH 4t42
t0312022-A
t03t2022-B
t0312022-c
ACH 4157
R934947
R934947-A
R964998
ACH 4168
20384-26541
20384-268t8
2t23a,26545
21239-26530
72166-26544
22397-26534
2239126815
Core & Main LP
SwrMrking Paint
Wh/Pip€ for Leak R€pair
2,206.s3
8E,l9l.l6
18,12a.11
18,587.40
125,50'7.33
\25,507.33
316.89
255.26
695.42
Total for tbis ACH Check for V€ndor 4 I 57:

Total for Vendor4l5? (Core & Main LP):
4 Creeks
Pinon St. Improve
Pinon Rd. Extension
Enianced Striping
D€nnison
Valley Park
Valley Resurfacing
Valley Resurfacing
Total for this ACH Check forVendor4163:

Total for Vendor 4168 (4 Creeks):

Corey Costelloe
W€llness Grant 2022-23lExercise
Total for this ACH Check for Vendor 42 14:

Total for Vendor 42 I 4 (Corey Cost€lloe):

Waste Management (ACH)
S1trr/Street Sweep€i Disposal #22-43626-030081
|,267.57
|,261.51
3,627.5a
396.72
144.38
15,012.61
7,661 .29
3,888.32
2t7.21
30,954.17
ACH
30,954.17
100.00
4214
cct2l2022
ACH 4230
0010445-4808-7
100.00
100.00
|,954.72
AP Ch€cks by Date - Detail by V€ndor Number ( 12 /14/2022 l:54 PM\ Page 13 Check No Vendor No Vendor Nrme Check Date
Reference
CheckAmount
IrvoiceNo Description
0145731-4792-4
0188%5-480E-2
0188946-4808-0
018E9484808-6
29531450
2953745G4
29537450 B
2,618.51
469.00
231.00
Wtr/Propane for Water Shop # l9- I 7983-83008n
GG/Document Sbredding # 19-62748-3 3007/Nor
PD/Shredding #19-62760-53009Nov 2022
Swr/3 Yd Bin # l9-65845-330064.{ov 2022
Tolal for this ACH Check for Vendor 4230:

Total for Vendor 4230 (Waste Management (ACH)):

Functional Ergonomics Inc
Gc/Ergonomic Analysis/CalderoD & Gam€r
DSD/Ergonomic Analysis,Rankin
Total for this ACH Check for Vendor 424 I :

Total for Vendor 4241 (Functional Ergooomics Inc):

Amber Chemical Inc
Wtr/Hwochlorite - Curry Sire
Wts/Hypochloritc - Whlstrorn Sile
WdHypochlorit€ - Dennison W€ll
Wtr/Hypochlorite - Mojave WeU
Wtr/Hypochlorite - Minton Sire
Swr/H)rpochlorite Solution
Total for this ACH Check for Ve'rdor 4272:

Total for Vendor 4272 (Ambei Ch€rnical Inc):

ACC Business
GG/Fibs. for PD/O€t ll-Nov l1 2022
Total for this ACH Check for Vendor 43 I 2:

Total for Vendor 43 I 2 (ACC Business):
465.06

36.05 36.05
122.63
2,618.51
ACH 424r
11755
11755-A
ACH 4272
0375950-tN
0375951-IN
0375952-IN
0375953-IN
03?5954-IN
0376206-rN
4312
1217 tOO
4329
2022200
MCA Direct
CclPermanent Record Book
?00.00
700.00
373.47
267.O5
2t3.64
427.28
213.U
534.1I
2,029.59
ACH
2,029.59
714.21
714.21
ACH
714.21
426.03
Total for this ACH Check for Vendor 4329:

Total for Vendor 4329 (MCA Direct):

Canon Financial Services Inc
GG/Canon Copier UsagelOct 2O22 B\llifJg
DSD/Canon Copi€r Usage loct 2022 Billnry
PD/Canon Copi€r Usage / O ct 2022 Billir,e
Total for this ACH Ch€ck fo. Vendor 4353:

Total for Vendor 4353 (Canon Financial Services Inc):

Lease Servicing Center Inc
426.O3
ACH
426.O3
289.37
275.47
38'7.93
952.17
952.77
ACH 4358
AP Checks by Date - Detail by Vendor Number (1211412022 lt54 PM\ Page 14 Check No Vendor No
Invoice No
Vendor Name
Description
Check D.te
Refcrence
CheckAmount
49909 swr/E-2l8 Leasing
Total for this ACH Check for Vendor 4358:

Total for Vendor 4358 (Lease Servicing Center Inc):

Global Environmental Products
Swr/E-21 8 Coolant Valve/Washer Botde
Total for this ACH Ch€ck for V€ndor 4363 :

Total for Vendor 4363 (Global Environmental Products):

Herc Rental Inc
PwRental for Chdstrnas Decorations
Total fo. lhis ACH Check for Vendor 4383:

To|al for Vendor 4183 (Herc Rental Inc):

Enterprise FM Trust
Wtr/Truck Leas€/Dec 2022
PWTruck LeaseDec 2022
Swr/Truck L€as€/Dec 2022
GG/Truck Lease/Dec 2022
PWTruck Lease/Dec 2022 Int
PWTruck LeaseDec 2022 Princ
Truck L€ase/Dec 2022 Princ
Truck Lease/Dec 2022 Princ
Wtr/Truck Leas€/Dcc 2022 Int
Wtr/Truck Lease/Dec 2022 Princ
Total for this AcH check for Vendor 4384:

Total for Vendor 4384 (Enterprise FM Trust):

Specialized Utility Services Program
Swr^,Ionthly CPO S€rvicesNov 2022
Total for this ACH Chcck for Vendor 4391:

Total for Vendor 4391 (Specialized Utility Sewices Program):

Springbrook Holding Co. LLC
Pay Pad & Transaction Fees/Nov 2022
Total for lhis ACH Check fot Vendor 4400:

Total for Vendor 4400 (Springbrook Holding Co. LLC):

Quadiert Finance USA lnc. (ACH)
Gc/Priority Mail Shipments/Oct 24-Nov 18 202
3,527.98
3,527.98
3,521.98
43't.94
ACH 4363
6142'10
ACH 4383
33321337 -001
43',1.94
431.94
|,769.57
|,169.57
ACH
ACH
4384
4623830
4623830-A
4623830-B
4623830-C
4623830-D
4623830-E
4623830-F
4623E30-G
4623830-H
46238301
|,169.57
454.39
1,908.00
634.33
|,072.63
202.l0
1,M9.92
t,0/9.92
-r,M9.92
2M.36
1,050.15
6,575.88
6,575.88
ACH 4391
1662 6,000.00
6,000.00
6,000.00
785.90
4400
INV-o11217
ACH 4420
r993',t84-2012644
785.90
785.90
1,510.30
AP Ch€ck by Dat€ - Detail by Vendor Number (12/1412022 l:54PM) Page 15 Check No Vendor No Vendor Nrme Ch€ck Date CheckAmount
Total for lhis ACH Check for Vendor 4420:

Total for Vendor 4420 (Quadient Finarce USA Inc. (ACH)):

Ewing Irrigation Products Inc.

LLD rrigation Repair
Total for this ACH Check for Vendo|957:

Total for Vendor 4457 (Ewing Irrigation Products Inc.):

Ferguson Enterprises LLC #3325
Wtr/Tools
WtrMeter Wrerch
Total for lhis ACH Check for Vendor 4535:

Total for Vendor 4535 (Ferguson Entcrprises LLC #3325):

The Lew Edlvards Croup
Public Outreach - Str.ategic Recommendations
Tolal for this ACH Check for Vendor 4549:

Total for Vendor 4549 (The Lew Edwards Group):

Byme Software Technologies Inc.

Professional Services Oct 29-Nov 25 2022
Total for this ACH Check for Vendor 4565:

Total for Vendor 4565 (B)'rne Software Technologies Inc.):

Linde Gas & Equipment Inc
Pwlndustial Acetylene
Wtrnndustrial Acetylen€
Total for this ACH Check for Vendor 4569:

Total for Verdor 4569 (Linde Gas & Equipment Inc):

Natalie Frunkland
Hometown CJristnas/Tr€e Lighting Music/Soun
Total for this ACH Check for Vendor 458 I :

Total for Vendor 4581 (Natalie Frankland):

Heritage Crystal Clean LLC
Air/Oil Filters,/Manifes/Truck Charge
1,510.30
1,510.30
8l.33
ACH 4457
182755s4
4535
0227274
0227332
ACH 4549
017

81.33 ACH
373.t2
244.5E
6l't.70
6r't.70
6,000.00
6,000.00
ACH
6,000.00
150.00
4565
0098338
ACH 4569
32543110
32543r l0-A
ACH 4581
464
ACH 4606
t1121077
150.00
150.00
141.04

60.44 201.48
201.48
500.00
356.50
AP Checks by Dat€ - D€tail by Vendor Number ( 12/14/2022 l:54 P\r' l) Page 16 Check No Vendor No
Invoice No
Vendor N.me
Dercription
Check Drte
RefereDce
Check Amount
ACH 4614
rM$-221
J40061
4620
0053413
ACH 4645
8143230
8143230-A
8r43230-B
8143230-C
8143230-D
8143230-E
8141230-F
8143230-G
8143230-H
8143230-I
EI43230-l
8143230-K
8143230-L
8143230-M
8143230-N
8143230-O
E143230-P
ACH 4641
13503824
TJKM
Fee Study Update
Total for ftis ACH Check for Vendor 4606:

Total for Vendor 4606 (Heritage Crystal Clean LLC):
4leaf IncProfessional Services/Oct 2022
Professional Services/Oct 2022
Total for this ACH Check for Vendor 4614:

Total for Vendor 46 I 4 (4leaf Inc.):
356.50
2,211.11
|,472.50
3,683.67
ACH
3,683.67
35,231.00
Total for this ACH Check for V€ndor 4620:

Total for Vendor 4620 (TJKM):
35,231.00
ACH 4642 Charter Communications
167725001120122 PD/Cable Dec 8-Jan 7 2022
35,231.00
107.50
Total for lhis ACH Check for Vendor 4642:

Total for Vendor 4642 (Charter Communications):

BrightMew Landscape Services Inc.

Gc,{$dscape Services/Nov 2022
Pw^-andscape Services,t{ov 2022
PD/Landscape Services/Nov 2022
Strts/Landscape Services,Nov 2022
Pa* & Ride^,andscape Seric€s,Nov 2022
RR Depoulandscape Services/Nov 2022
Fr€edom Plaza,4-andscape SewicesNov 2022
Swr/Landscap€ Services/Nov 2022
Air/Landscape S€rvices/Nov 2022
LLD Tract 6062/Landscap€ Services/Nov 2022
LLD Tract 62\2llandscape ServicesNov 2022
LLD Tract 5812 & 6215/Landscap€ Servic€s/No
LLD Tract 6216/Lardscape Services,t,lov 2022
LLD Tract 58l2/Lardscape Services^{ov 2022
LLD Trdct 6360/Landscape Serviccs/Nov 2022
LLD PM 1l353/Landscape S€rvicevNov 2022
LLD PM 12219/Landscap€ ServicesNov 2022
Total for lhis ACH Check for Vendor 4645:

Total for Vendor 4645 (BrightView Landscape Services Inc.):

U.S. Bank
Fin/Investment Acct Adrnin Feeloct 2022
107.50
107.50
755.00
1,661.00
l9l.00
1,509.00
555.00
215.00
152.00
660.00
599.00
1,23',t.00
689.00
2,996.00
16,017.00
1,953.00

59.00 255.00
201.00
29,7M.00
29,7M.00
277.95
AP Checks by Date - Detail by Vendor Number (12/1412022 l.54PM) Page 17 Check No Vendor No Vendor Nsme
Invoice No Dcecription
Check Drte
Refcrence
ChcckAmourt
ACH 4660
22|L-156895
Karls Hardwarc
Wtr/Keys
Tolal for this ACH Check for Vendoi 4647:

Total for Vendor 4647 (U.S. Bank):

Total for this ACH C'h€ck for Vordor 4660
Total for Vendor 4660 (Karls Hardware):
27't.95

10.70 10.70
ACH

10.?0
146.21
4663
156294710
ACH 46'tl
t1222022
rr222m2-A
\1222022-8
11222022-C
rt222022-D
n222022-E
46't2
MLl262022
Uline
Wtr/Wo* Bench
Total for this ACH Check for Vsndor 4663:

Total for Vendor 4663 (Uline):

Patrice & LiEa Caploe
Permit BLD22-00102 Rctund/Tech Fee
Permit BLD22-00102 Refimd,/Bldg Long Range
Permit BLD22-00102 Refund/Short Tefm Rental
Permit BLD22-00102 Rcfimd/Bus Lic Renewal
Permit BLD22-00102 Rctund/BL CASp Fee Rer
Permit BLD22-m102 Retund/Credir Card Fec
Total for this ACH Check for Vendor 4671 :

Total for Vendor 4671 (Parice & Lisa Caploe):

Mark LaCiura
Fre€lanc€ Photograpty for Green St. Chrisltnas (:

Total for tlris ACH Check for Vendor 4672:

Total for Vendor,1672 (Mark Laciura):

Report Total (83 checks):
t46.21
t46.2r

17.03 227.00

30.00 4.00

0.92 ACH
150.00
150.00
150.00
602,0t5.t2
AP Checks by Date - Detail by Vcndor Numb€r (12/14D022 Lt54 PM) Page 18 Accounts Payable
Checks by Date - Detail byVendorNumber
Us€r: aA€scrs
lul4n022 2.OOPM

CITY OF
Ch€ckNo VendorNo
Invoice No
Vcrdor NrDc
Dcrcrlptlor
CheckAmou[t
ryTEJ l+S||*ll
Chcck Drte
Rcfercncc
ACH 0362
0t805071692n58
0380852
03tr207
0381524
03tr793
RSI Peholeu! Ptodrcts
ConEctioo: Sal€8 Tax Mirsed on Invoiccs 03E05r
PWAjnlcaded Gas/Di€ssl Fucl
PWUnI€aded Gas
PWAjnleaded GadDicsel Fuel
PWAjdcaded Gar/Dicsel Fuel
5M.47
4,EEE.0l
2259.0t
4,236.34
3,775.96
Total for lib ACH Chcct for v€ndor 0362:

Total for V€odor 0362 ESI P€toleurlr Ptoducts):

Rcport Tot l (l ch€cks):
15,653.t6
15,663.t6
15,663.86
AP ChecLs by Date - Dciail by V€odor Nunber (lul4m22 2t00PM) ru€l

CITY OF TEHACHAPI

INVESTMENT REPORT
November 30, 2022

INVESTMENTS

PURCHASE MATURITY ACCOUNT/ STATED PAR PURCHASE MARKET YIELD TO

DATE DATE CUSIP INSTITUTION RATE AMOUNT AMOUNT VALUE MATURITY U.S. TREASURY SECURITIES
08-26-22 12-20-22 912796YZ6 US Treasury Bill 0.00 4,000,000.00 3,964,092.00 3,992,160.00 2.85 06-21-22 12-31-22 912828N30 US Treasury Note 2.13 1,000,000.00 998,985.00 998,430.00 2.32 04-06-22 04-30-23 912828R28 US Treasury Note 1.63 1,000,000.00 998,470.00 987,700.00 1.77 06-21-22 10-31-23 9128285K2 US Treasury Note 2.88 500,000.00 498,832.50 491,795.00 3.05 04-06-22 03-31-25 9128284F4 US Treasury Note 2.63 250,000.00 250,000.00 241,465.00 2.63 TOTAL U.S. TREASURY SECURITIES $ 6,750,000.00 $ 6,710,379.50 $ 6,711,550.00

GOVERNMENT AGENCY ISSUES
08-10-22 c 02-09-24 3133ENNE6 Federal Farm Credit Bank 1.23 500,000.00 486,423.50 478,540.00 3.10 04-25-22 c 04-25-24 3130ARMY4 Federal Home Loan Bank 2.65 1,000,000.00 1,000,000.00 968,860.00 2.65 07-14-22 c 07-14-25 3134GXZT4 Federal Home Loan Mortgage Corporation 4.00 500,000.00 500,000.00 490,155.00 4.00 04-28-22 c 04-28-26 3130ARN64 Federal Home Loan Bank 3.13 250,000.00 250,000.00 238,277.50 3.13 08-10-22 08-03-26 3133END80 Federal Farm Credit Bank 3.00 500,000.00 501,864.50 480,550.00 2.90 04-06-22 04-05-27 3133ENTS9 Federal Farm Credit Bank 2.60 250,000.00 249,070.25 236,077.50 2.68 04-28-22 c 04-28-27 3130ARMP3 Federal Home Loan Bank 3.23 250,000.00 250,000.00 236,267.50 3.23 c = callable
TOTAL GOVERNMENT AGENCY ISSUES $ 3,250,000.00 $3,237,358 $3,128,728

CERTIFICATES OF DEPOSIT
08-12-22 08-12-24 05580AP24 BMW Bank 3.25 246,000.00 246,000.00 239,478.54 3.25 04-07-22 04-07-25 02589AC34 American Express National Bank 2.55 246,000.00 246,000.00 233,208.00 2.55 04-08-22 04-08-25 87165HM98 Synchrony Bank 2.55 246,000.00 246,000.00 233,195.70 2.55 04-13-22 04-14-25 38149M4S9 Goldman Sachs Bank 2.55 246,000.00 246,000.00 233,112.06 2.55 08-10-22 08-11-25 795451CB7 Sallie Mae Bank 3.35 245,000.00 245,000.00 235,447.45 3.35 08-17-22 08-13-25 07371DEU7 Beal Bank USA 3.20 246,000.00 246,000.00 235,453.98 3.20 04-13-22 04-13-26 14042TFH5 Capital One Bank 2.65 246,000.00 246,000.00 229,112.10 2.65 08-10-22 08-10-27 14042RTN1 Capital One NA 3.40 245,000.00 245,000.00 229,876.15 3.40 TOTAL CERTIFICATES OF DEPOSIT $1,966,000 $1,966,000 $1,868,884

STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
n/a n/a 98-15-914 State of California LAIF 2.01 1,199,930.22 $1,199,930.22 1,199,930.22 2.01 TOTAL LAIF ACCOUNTS $ 1,199,930.22 $1,199,930.22 1,199,930.22

CALIFORNIA ASSET MANAGEMENT PROGRAM
n/a n/a 6128-001 CAMP Investment Pool 3.90 3,500,391.18 $3,500,391.18 3,500,391.18 3.90 TOTAL CAMP ACCOUNTS $ 3,500,391.18 $3,500,391.18 3,500,391.18

JOINT POWERS AUTHORITY POOL

CHANDLER ASSET MANAGEMENT
n/a n/a 99CAMBX$1 CSJVRMA Investment Pool $2,341,226.42 $2,341,226.42 2,190,199.86 TOTAL MUTUAL FUNDS $ 2,341,226.42 $2,341,226.42 2,190,199.86 SUBTOTAL OF ALL POOLED INVESTMENTS $ 19,007,547.82 $ 18,955,285.57 $ 18,599,682.74

POOLED CASH BANK ACCOUNTS
BANK

STATEMENT

ACCOUNT NAME INSTITUTION BALANCE

CITY OF TEHACHAPI BANK ACCOUNTS
General Checking Bank of the Sierra 398,271.13
Police Department Bank of the Sierra 12,951.62
Water Deposit Trust Bank of the Sierra 125,311.50
Payroll Bank of the West 66,895.41
AFLAC Flex Spending Bank of the West 17,053.71
Airport Credit Card Sales Bank of the West 77,767.14
Ashtown Water Escrow Bank of the West 113,770.51
TOTAL CITY OF TEHACHAPI BANK ACCOUNTS $812,021

CITY FISCAL AGENT CASH

PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO

DATE DATE FUND NUMBER RATE COST VALUE MATURITY

BOND PROCEEDS
$ - $ -

RDA SUCCESSOR AGENCY FISCAL AGENT CASH

PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO

DATE DATE FUND NUMBER RATE COST VALUE MATURITY

BOND PROCEEDS
TEHACHAPI 2017 TAX ALLOCATION BONDS
Fiscal Agent: Bank of New York Mellon
n/a n/a 17AB TABS DEBT SERVICE 993546 3.45 638,446.60 638,446.60 3.45 n/a n/a 17AB TABS INTEREST 993547 3.45 2,713.16 2,713.16 3.45 n/a n/a 17A TABS RESERVE 993695 3.45 197,991.60 197,991.60 3.45 n/a n/a 17B TABS RESERVE 993734 3.45 202,586.40 202,586.40 3.45 TOTAL TEHACHAPI 2017 TAX ALLOCATION BONDS $1,041,737.76 $1,041,737.76 1 CITY OF TEHACHAPI

INVESTMENT REPORT
November 30, 2022

SUMMARY OF CASH AND INVESTMENTS
Cash in Bank Accounts $ 812,021
Pooled Cash Investments $ 18,599,682.74
City Fiscal Agent Cash $ -
Subtotal $19,411,704
Successor Agency Fiscal Agent Cash $1,041,738
Grand total $20,453,442 *
Investment Policy Statement
All investments are in full compliance of with the City of Tehachapi Investment Policy. The City of Tehachapi will meet its expenditure obligations for the next six months.

The market values presented for pooled City investments are based on closing prices for the related investment as of the date of this report. This information was obtained from Intercontinental Exchange, Bloomberg, Refinitiv, and other reliable sources of market prices. 2 TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER19,2022 AGENDA SECTION: DEVELOPMENT SERVICES

APPROVED

DEPARTMENT
CITY
TO: HONORABLE PHIL SMITH AND COUNCIL MEMBERS
FROM: JAY SCHLOSSER, DEVELOPMENT SERVICES DIRECTOR
DECEMBER L3,2022
PUBLIC HEARING: ANNEXATION NO. 2 INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBUC SERVTCES)
DATE:

SUBJECT:

BACKGROUND:

By Resolution No. 22-L7, the City Council established Community Facilities District No. 2017-1 (Public Services) ("CFD 2077-7'1, a Mello-Roos Community Facilities District with the intention that future development within the City of Tehachapi (the "City") would annex into this district. The special taxes collected from the property owners within the district are to be used for the funding of police protection services, street maintenance, and landscaping in the Tehachapi area.

The annexation territory, Tract Map No. 7356 Sage Ranch (the "Project") proposed for annexation is owned by Greenbriar Capital (U.S), LLC and is generally located north of Pinon Street, south of Valley Boulevard, east of SouthCurryStreet,andwestof DennisonRoad. TheProjectincludesthedevelopmentofseven-hundredninetyfive (795) single-family and multi-family residential lots, twenty-nine (29) open space lots, and two (2) basins.

The boundary of the annexation includes the area within assessor's parcel numbers 417-012-07, 4L7-OL2-24, 4L7-OL2-25,4L7-OL2-27 and 4L7-O!2-28 as depicted on Exhibit A.

As part of the annexation process, the City contracted with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation. Willdan Financial Services completed a comprehensive special tax analysis that took into account the types of properties proposed for inclusion in the CFD currently, and in the future through annexations, and the City's maintenance budgets to arrive at the proposed levels of special tax amounts on the various land uses to create CFD 2077-Lin 20t7.

Resolution No. 52-22 was adopted on November 7,2022, and set the public hearing for December 19, 2022.

The adoption of the attached resolutions annexes the territory into CFD 2OL7-1, submits the levy of the special tax to the qualified electors, and declares the results of the special election. This is the final step in the annexation process and since the conditions of approval for the development require it to annex into CFD 2OL7- 1 and Greenbriar Capital (U.S), LLC owns the parcel, a majority protest of the annexation is not anticipated.

Once the annexation is complete, the property owner of the Project will be required to pay annual special taxes for CFD 2OL7-L, beginning in Fiscal Year 202312024 as itemized on their property tax bill in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax. CFD 2OL7-L includes an annual CPI adjustment. The process for the annexation is funded by the developer and no General Fund monies are used for this effort.

PROPOSAL:

To hold the public hearing, declare the results of the election, and adopt the resolutions to annex the Project into Community Facilities District No. 2017-1 (Public Services) to pay for the impact of the development on City services pertaining to landscaping, street maintenance, and police services.

RECOMMENDATION:

Staff recommends that the City Council open the public hearing for the purpose of receiving public testimony and property owner protests regarding the annexation to the CFD for public services. Once the public hearing has been closed, staff recommends that the City Council adopt the two resolutions.

It is recommended that the City Council:

7. Open the public hearing and receive public testimony and property owner protests for the proposed formation of Community Facilities District No. 2017-1 (Public Services) and the authorization to levy a special tax within the territory proposed to be included in CFD 2OL7-L.

2. Adopt a "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI ANNEXING OF TERRITORY (TRACT MAp NO.73661T0 A COMMUNTTY FACtLtTtES D|STRICT, AUTHORIZING THE LEVY OF A SPECIAL

TAX, AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF TEHACHAPI COMMUNIW FACILITIES DISTRICT NO. 2017-1(PUBLIC SERVICESI ANNEXATION NO. 2"; and

3. Adopt a "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI DECIARING RESULTS OF A SPECIAT ANNEXATION ETECTION, DETERMIN!NG VALIDITY OF PRIOR PROCEED!NGS, AND DIRECTING RECORD!NG OF AMENDED NOTICE OF SPECIALTAX LIEN, CITY OF TEHACHAPI COMMUNITY FAC!LITIES DrsTRtcT NO. 2017-1 (PUBLTC SERVTCES) ANNEXATTON NO.2"
The recommended actions will declare the City Council's intent to annex into the CFD pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of L982" , being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), as amended, for the purpose of financing the landscaping, street maintenance, and police services.

Page2 of 2

VICINITY MAP
Districl Boundaries
Map RefErence Number
ANNEXATION MAP NO. 2 TO
COMMUNITY FACILITIES DISTRICT NO. 2017.1
(PUBLTC SERVTCES)

CITY OF TEHACHAPI

COUNTY OF KERN

STATE OF CALIFORNIA

MAP NEFTRINCT
NUMBTR

ASSESSOR'S PARCTT
NUMSTR
FILED N Tre OFfrcE OE IH€ CIry CIERN G CIW

CF TFHACH PI THIS
-
OAY OF
-.-- 20_
CIry CLERK
CIry OF TEAACHAPI

I HEREBY CERTTYTHAT TAE WTAN UAP SHOWNO
THE PROPOSEO SOUNDARIES OFANFXATION NO 2
ro costriltr.ActLtrtEs orsrRlcr m. 20r7.t
lPBLrC 6ENTCES) OFIHe CtrY OF TETACUPT.

COWil OF KERil. SIATE OF SLIFORNIA. BS
APFROVED EylHE Clry COUNC|I OF CIY OF

TEUCMPI AT A REOULAN MEENNG'BEREOF
HEIDOXTH|S_D YOF--'.-'--.I_.

BY frS RE60IUTION NO

CII CLERK
ctil oF TEltrcHAPt
FILEO rHtS-. UYOt_
2O-,^rTffi_EEF6F _--oE[odE-
_. u. N aoox_ me(s)
_ of 9aPs oFASaESSIEFANO
COXXUNtrY FACILITES OISIRICT ANO IXSTRUf ENT
NO
-

NTHE OFFICE OF TAE CUNTY
NECORDER INBECOUNW S XERN, STAE ff

CALIFORNA

REFERENCE IS SDE TO TUT SUNOARY UAP CF
coilMu{try t^clurEs DtsrRtcI No arl-r
(PWLT SERUCES' OE T4E CTY Of TEHACMPI

RECORDED WTH TNE XERN COUNN RECOROER'S
oFFtc€ oN UAY 12 2017. tN BOOX 00or OF MAPS OF
ASSESSMENT AND CO$MJ{N Y TACILITIES
OISTRrcTS PAOE I'8AS INSTRUUENI NO
217G1$8
TI]E LINESAND DIMENSIONS OF EACts LOT OR
PARCT L SHOM ON TNIS OAMU SULL B€ ThOSE

LINES ANDOIMENSIONSAS SOW ON THE (ERN
COUNTYASSESSOR'S MAPS FOR T}IOS€ PARCELS
r.tsrE0.

COUNTY RECOROEB
COUN]Y OF GRN
GOVERN FORAI L OETII!COrcERNING THE TINES
ANo DTVtNS|ONS OF SEB tOTS OR pAaCErS
LEGEND 417-012-01
477.012 24
A77.Otz 25
471"012-11
4L't-O12-2A
1 2
3 4
5 'MwTLLDAN
SITE
PINO! SI
o
2 a
o
2 ,
o
&
SHEET OF 1
*+,
CIryoT
RESOLUTION NO.

RESOTUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI ANNEXTNG OF TERRTTORY (TRACT MAP NO. 7366) TO A

COMMUNITY FACITITIES DISTRICT, AUTHORIZING THE IEVY OF A

SPECIAT TAX, AND SUBMITTING IEVY OF TAX TO QUATIFIED

ELECTORS, CITY OF TEHACHAPI COMMUNIW FACITITIES DISTRICT NO. 2017-1 (PUBUC SERVTCES) ANNEXATTON NO. 2
WHEREAS, this Council, on November 7, 2022 adopted Resolution No. 52-22 (Resolution of lntention) stating its intention to annex the territory to the City's Community Facilities District No. 2017-1 (Public Services) (CFD), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act); and
WHEREAS, a copy of the Resolution of lntention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, the Resolution of lntention set December L9,2022, as the date of the public hearing; and
WHEREAS, on the l.9th of December, this Council held a public hearing as required by the Act and the Resolution of lntention relative to the proposed annexation of territory to the CFD; and
WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD; and
WHEREAS, Annexation Map No. 2 to the CFD has been filed with the County Recorder of the County of Kern, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, THE CIW COUNCIL OF THE CITY OF TEHACHAPI DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: All prior proceedings taken by this Council, with respect to the CFD and the proposed annexation of territory thereto, have been duly considered and are hereby 1 ctl0f
I F(JAI, DBARBI]NT
determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act. lt has been determined that this project will intensify the use of the property creating a need for more services under this CFD.

Section 2: The description and map of the boundaries of the territory to be annexed to the CFD, as described in said Annexation No. 2 to the CFD on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 3: The provisions of the Resolution of lntention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.

Section 4: Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefore as hereinafter provided.

Section 5: This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the CFD and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the territory proposed to be annexed to the CFD.

Section 6: Pursuant to Section 53325 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they have not been waived by the unanimous consent of all landowners of the territory to be annexed to the CFD.

Section 7: The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on December 19, 2022, (Election Day") in the office of the Tehachapi Police Department Community Room, located at22O West C Street, Tehachapi.

Section 8: The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFD, a ballot in the form of Exhibit "A" hereto, which is hereby approved.

Section 9: The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.

Section L0: This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.
2 CIryOF

EHACHAPI
I-FI;AI, DE'ARftTNI
PASSED, APPROVED AND ADOPTED on the 19th day of December 2022 at a regular meeting of the City Council of the City of Tehachapi by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
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 Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the 19th day of December 2022.

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
3 cn oF

EHACHAII
I-ECAI DI?ARilT:NT
Exhibit "A"
City of Tehachapi
Gommunity Facilities District No. 2017-1
(Public Services)
Annexation No.2

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot, signed, in the enclosed envelope to the office of the City Clerk of the City of Tehachapi no later than 6:00 p.m. on December 19, 2022, either by mail or in person. The City Clerk's office is located at City Hall, 115 S. Robinson Street, Tehachapi, California, 93561 .

To vote, mark in the voting square after the word "YES" or after the word "NO". For a list of acceptable marks, please refer to the back of this ballot. lf you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Tehachapi and obtain another.

BALLOT MEASURE: Shall the City of Tehachapi, by and for its Community Facilities District No. 2017-1 (Public Services) (the "CFD"), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of lntention of the City of Tehachapi adopted by its Council on November 7,2022?
YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed
Number of Votes
Property Owner:

P roperty Owner/Authorized Rep rese ntative S i g n atu re 4 cm oF

BACHAPI

GCAL DEARWNT
RESOTUTION NO.

RESOLUTION OF THE CIW COUNCIT OF THE CITY OF TEHACHAPI

DECIARING RESUTTS OF A SPECIAT ANNEXATION ELECTION,

DETERMINING VATIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

RECORDING OF AMENDED NOTICE OF SPECIAT TA)( LIEN, CITY OF TEHACHAPT COMMUNTTY FACTUTTES DTSTRTCT NO. 2017-1 (PUBUC SERVICES) ANNEXATTON NO. 2
WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), this City Council has heretofore adopted a resolution calling a specialelection of the qualified landownerelectors in the territory of land proposed to be annexed to Community Facilities District No. 2017-1 (Public Services) (CFD); and
WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFD to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 52-22, a Resolution of the City Council Annexing of Territory (Tract Map No. 7366) to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of Tehachapi Community Facilities District No. 2017-1 (Public Services) Annexation No. 2, adopted December 19,2022.

Section 2: Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFD by more than two-thirds of the landowners voting at the special election.

Section 3: Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.

Section 4: lt is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.

Section 5: Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Tehachapi, an I
clfrof

TEHACHAPI
amendment to the Notice of Special Tax Lien as required by Section 3717.5 of the California Streets and Highway Code.

PASSED, APPROVED AND ADOPTED on the 19th day of December 2022 al a regular meeting of the City Council of the City of Tehachapi by the following vote:

AYES:

NOES
ABSENT:

ABSTAIN:

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 Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the 19th day of December 2022.

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
2 I I:(]AI I)fPARIMtsNT

EXHIBIT A
City of Tehachapi
Community Facilities District No. 2017-1
(Public Services)
Annexation No.2

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on December 19, 2022, in the territory annexed to Community Facilities District No.2017-1 (Public Services) of the City of Tehachapi which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

BALLOT MEASURE: Shall the City of Tehachapi, by and for its Community Facilities District No. 2017-1 (Public Services) (the "CFD") be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of lntention of the City of Tehachapi by its Council on November 7,2022.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS
DAY OF DECEMBER 2022,
CIry OF TEHACHAPI
By:

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
3 City of Tehachapi Community
Facilities District No. 2017-1 (Public
Services)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 2 Special Tax
Annexation Election, December 19,
2022
139

TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER L9,2022 AGENDA SECTION: DEVELOPMENT SERVICES

APPROVED

DEPARTMENT
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS

JAY SCHLOSSER, DEVELOPMENT SERVTCES DIRECTOR
DECEMBER L3,2022
ADOPTION OF AN URGENCY ORDINANCE AMENDING ORDINANCES 19.06.753 AND TEHACHAPI MUNICIPAT CODE SECTION 15.04.150
FROM:

DATE:

SUBJECT:

BACKGROUND
Every three years, the State of California puts forth updated Building Codes for adoption by all local agencies for the enforcement of uniform building construction. The newest edition of the California Building Standards Code is the 2022 edition with an effective date of January 1, 2023. These codes are constantly changing to reflect the industry's understanding of best construction practices. These codes also set the standard for construction conforming to the State Legislatures' desires for the way our communities are to be formed. The City of Tehachapi is required, under State law, to adopt and enforce these codes as a minimum set of standards for construction within our community.

Furthermore, local agencies are granted the authority to add to the State codes. Kern County undertakes this effort in each cycle and the City has traditionally followed the County in order to provide consistency for the benefit of property owners and contractors operating within the County. ln order to achieve this goal, we must amend municipal code section 15.04.150 to reflect the new county ordinance as it relates to the adoption of the County-level building codes.

STAFF RECOMMENDS THAT THE CIW COUNCII ADOPT, BY TITLE ONLY, AN URGENCY ORDINANCE OF THE CIW COUNCIL OF THE CIW OF TEHACHAPI ADOPTING ORDINANCE NO. G.9179 OF THE BOARD OF SUPERVISORS OF THE COUNW OF KERN, STATE OF CATIFORNIA AMENDING CHAPTERS 17.04, 17.06, L7.O8, L7.LO,17.1,2,17.16,17.2O, 17.24, 17.26, L7.28,17.32, 17.34, L7.36, L7.40,17.U, L7.9, AND 17.56 OF TtTtE 17 oF THE ORDINANCE CODE OF THE COUNTY OF KERN CONCERNTNG BUTTDING REGUTATTONS - GENERAL

RESIDENTIAL CODE, BUITDING CODE, GREEN BUILDTNG STANDARDS CODE, MECHANICAL CODE, HOUSTNG coDE, PLUMBING CODE, ELECTRICAT CODE, EXISTING BUILDING CODE, GRADTNG CODE (AS REVTSED

HEREINAFTERI, FIRE CODE, WTLDTAND URBAN TNTERFACE CODE, DANGEROUS BUTLDINGS CODE, BUITDTNG RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURES, FLOOD PI.AIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING SECTION 1 OF ORDTNANCE NO. 753 OF THE CITY OF TEHACHAPI AND TEHACHAPT MUNICTPAI CODE SECnON 15.04.160
7 TO BECOME EFFECTIVE JANUARY L,2023

RECOMMENDATION

CITYOFTEHACHAPI

LEGAL DEPARTMENT
URGENCY ORDINANCE NO.

ANI URGENCY ORDINAI\CE OF THE CITY

COUNCIL OF THE CITY OF TEHACHAPI
ADOPTING ORDINANTCE NO. G-9I19 OF THE

BOARD OF SUPERVISORS OF THE COUNTY OF
KERII, STATE OF CALIFORNIA A]VIEI\DING
CHAPTERS 17.04, 17.06, 17.09, 17.10, 17.12, 17.16, 17.20, ll .24, 17 .26, 17 .29, 17 .32, 17 .34, 17 .36, 17 .40, 17 .44, 17 .49, AIYD 17.56 OF TITLE 17 OF THE ORDINAITCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING REGULATIONS . GENERAL,

RESIDENTIAL CODE, BUILDING CODE, GREEN

BUILDING STAIIDARDS CODE, MECHANICAL

CODE, HOUSING CODE, PLUMBING CODE,

ELECTRICAL CODE, EXISTING BUILDING CODE,

GRADING CODE (AS REVISED HEREINAFTER),

FIRE CODE, WILDLAITD URBAII INTERFACE

CODE, DANGEROUS BUILDINGS CODE, BUILDING
RELOCATION, MOBILE HOME AI\ID ACCESSORY

STRUCTURES, FLOOD PLAIN MANAGEMENT
CODE, AIID ENERGY CODE AI\ID AMENDING
SECTION 1 OF ORDINAI\CE NO. 753 OF THE CITY
OF TEHACHAPI AIiD TEHACHAPI MUNICIPAL
CODE SECTION 15.04.160

THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES ORDAIN
AS FOLLOWS:

Section 1. AMENDING ORDINAIICE.

The City Council previously adopted Ordinance No. 19-06-753 on November 18, I

CITY OF TEHACHAPI

LEGAL DEPARTMENT
2019 , which became effective on the same date in which it adopted by reference the 2019 edition of the California Building Standards Code known as the California Code of Regulations. In order to obtain consistency with the County of Kern, California, the City Council wishes to adopt by reference Ordinance No. G-9179 adopted by the Board of Supervisors of the County of Kern on November 8, 2022. To the extent the codes adopted in Board of Supervisors Ordinance No. G-8670 as adopted herein amend or otherwise revise those adopted by the City Council in Ordinance No. 19-06-753, this Ordinance shall supersede Ordinance No. 19-06-753 and the revisions or amendments in Ordinance No. G-9179 as adopted herein shall be controlling.

Section 2. FINDINGS OF URGENCY.

The City Council wishes to adopt Ordinance No. G-9179 adopted by the Board of Supervisors of the County of Kern, State of Califomia on November 8, 2022 to obtain consistency with the County of Kern which is necessary for the protection of the health, safety, and welfare of the public and the construction of buildings, residences, and other structures which became effective on January l, 2023. The City Council finds that Ordinance G-9179 includes greater protections for the public in insuring the safety of buildings, residences, and other structures which could otherwise lead to the death or injury of members of the public. In order for the City Council to insure the public health, welfare, and safety to the maximum extent permitted under the uniform building codes, the City Council desires that this Ordinance go into effect immediately and, in that regard, the City Council wishes to adopt this Urgency Ordinance to provide that the Codes become effective on the date hereof.
2 CITY OF TEHACTIAPI

LEGALDEPARTMENT
Section 3. AMENDMENT
Effective on the date of adoption of this Urgency Ordinance, Section 1 of Ordinance No. 19-06-753 and Tehachapi Municipal Code Section 15.04.160 are hereby amended to read as follows:
"15J14.160 Adoption of uniform codes. Ordinance No. G-9179 of the Board of Supervisors of the County of Kern County of Kem, State of California which amends Chapters 17.04, 17.06, 17.08, 17.10, 17.12, 17.16,

17.20, 17.24, 17.26, 17.29, 17.32, 17.34, 17.36, 17.40, 17.44, 17.49, and 17 .56 of the Ordinance Code of the County of Kem adopting the following uniform codes or portion (or portions of same) is hereby incorporated by this reference into the Building Code of the City of Tehachapi: Building Regulations - General, Residential Code, Building Code, Green Building Standards Code, Mechanical Code, Housing Code, Plumbing Code, Electrical Code, Existing Building Code, Grading Code (as hereinafter revised), Fire Code, Wildland-Urban Interface Code, Dangerous Buildings Code, Building Relocation Code, Mobilehome and Accessory Structures, Floodplain Management Code, and Energy Code. All amendments and repealers of the foregoing Chapters by the Board of Supervisors of the County of Kem hereinafter adopted by the Board of Supervisors shall be automatically incorporated herein without further action of the City Council." 3 CITYOFTEHACHAPI

LECAL DEPARTMENT
invalid or unconstitutional
Section 4. REVISIONS TO GRADING CODE.

Attached as Exhibit "A" and by this reference made a prt hereof are the City's revisions to the Grading Code which shall be effective in the City of Tehachapi in place of the Grading Code adopted under Ordinance No. G-9179 by the Kern County Board of Supervisors.

Section 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment. The adoption of the Ordinance is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.

Section 6. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared 4 CITYOFTEHACHAPI

LEGAL DEPARTMENT
Section 7 URGENCY.

This Ordinance is adopted as an urgency ordinance and shall take effect immediately. This Ordinance is necessary for the immediate preservation of public peace, health, and safety as expressed in the Findings of Urgency herein to assure that the Codes becomes effective as ofthe date hereof.

PASSED Al[D ADOPTED at a regular meeting of the City Council of the City of Tehachapi, Califomia, on the l9th day of December 2022 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Mayor of the City
of Tehachapi, California
ATTEST:

TORI MARSH, City Clerk
ofthe City of Tehachapi, California
I hereby certiff that the foregoing Ordinance No. was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on December 19,2022.

TORI MARSH, City Clerk
of the City of Tehachapi, Califomia
5 CITYOFTEHACHAPI

LEGAL DEPARTMENT

EXHIBIT''A''
[Revised Grading Codel
section 1 1. chapter 17.28, Title 17 of the ordinance code of the county of Kem, b hereby repealed; and a neur chapter 17.28, Tifle 17 of the ordinance Gode of the County of Kem, is hereby added to read as bllorts:

CHAPTER I7.2E
GRADIT{G CODE
Scs{onr:

17.8.010
fi.n.0fil
l7.a.030 fi.n.w
r7.2E.050
r7.23.060
fl.n.070
1728.0E0
r7.28.090
fi.n.100
fl.n.110
fl.n.1N) fl.n.lto

17.8.10 17.28.150
{7.2E.r00 fl.n.flo
t7.28.1t0

EXHIBIT'A'
Purpom.

Shortti0e.

Scope.

Pcrmltr nqultod.

Hrzerdr.

Dc{lnltonr.

Gredlng pomlt nqulnmcntl.

Gndlng ieol.

Bond..

Cutr.

Fltb.

Sctbeckr.

Dnlmgo md toneclng.

Eruion control.

Dnlnegr rrbnton hclll0c.
ileinbnenco
Gndlng lmpecdon.

Complrdon of work

17.2E.010 PurPce.
ilil;rp"* J fiS drapter is to sabguatd !i1", limb, property and the public nelfare 6y regulating grading on private proPorty'

17.2E.O20 Shortdde.
fiti"
"tr"pt
t may be cited as the "Kem County Grading Code'"

17.28.030 ScoPe.
iirii-&por s6ts tur$ ruleo and regulations to control excavation, grading and ."rtn "ri. conetruc'tion, incl.rding
-Rtts ana embankmenB; eetablish6 the
"J.inpGW"
proceOure for issuince of permitrs; and provides 1or approval of phns and inspection of grading construction.

The standards listed bebrr are recognized standards'
A. Testing:

1.ASTMD1557'MoisturadensityRelationeofSoilsandSoil
Aggregate Mixtures;
n. ASTM'D 1556, ln ptace Density of soils by the sand-cone Method;
6 CITYOFTEHACHAPI

I-ECAI- DEPARTMENT

3. ASTM D 2167, ln Phce tlansi$ of Soib by tha RubberBalloon Method; 4. ASTM D 2937, ln Phce Density of Soils by the Driv+ Cylinder Method; - 5. ASTM O 2922 and D 3017, ln Plae Mobture Contact and Densig of Soils by Nudear Methods.
fi.n.W Pcnnltr nqulrcd. A. Except as specifted in gubsection 17.28.M0.B of ttis dtapter, rlo person shall do any grading or cause the same to be done without first having obtaarrcd a grading permitfrqn the building official.

B. Exempted Work: 1. When approvd by the building official, grading in an isolated, setfontained area il the building offioial finds that no danger to prirrate or public properfi can now or hereafter result ftdn he grading operations; 2. An excarration belour finished grade fior basornents and botings of a building, etaining wall, or other sffucfirre authorizcd by a rralid building permit. This Ehall not exempt any fill made with the msterial from sucfr excavation nor exempt any excavation having unupporbd heaght greater than ftrre fuet der the cornpletion of sucft stucfrrre;

3. Cemetery graves;

4. Refuse dispcal sites controlbd by other regulations;

5. Excavations fior rwlls or tunnels or utilitbs;

6. Mining, quarrying, excavating, processing, stodpilirg of rock, sand, gravel, aggregate, or clay where otablished and provided br by law, provided sudr operations do not affi the lateral support or increasa the gteeees in or pressup upon any adjaoent or contiguoue property;

7. Eploratory excavatbns under the direstion of soil engineerc or engineering geologisE:
- B: An excavation for a building eite whicfi: (a) is leee than t*o (2) ftet in depth, or (b) wtricfr does not create a ant slope-glpabl thl hte (Sifeet in hepht and steeperthan ore and one-half ( 1nl unib horizontal to one (1) unit vertical;

9. A lill yuhich does not exced fffty (50) anbic yards on any one site wtricfr ig: (a) lece than one (1) foot in depth and placed on.latuq! tenain with a itope fhtter than fle (5) units horizontal to one (1) unit vertical, or (b) bsi than three (3) ft€t in depth and not intended to eupport struc-tures; 10. Accepted 4ricultural activities, including routine mqmlg, ptowing, ditc{ring, harrowing, disking, ridging, leveling, and othsr aimilar bperatfins necessary to prepare a fp6 or crop for Production; ' 11. Acceptld dimdH ac.tivities related to oilfpld drilling, sucfi..as oilfreld r@ds, ddflfig pads, and sumps used for drilling mud, and 9t+i1g requirad for ihe se*rU of production equipment' Thb does not indude 7 CITYOFTEHACHAPI

LEGAL DEPARTMENT
acoess roads which lead from the public ftlhtsof-way t9 tttg sitg of .$e oilfiefi ac{ivity and are covered under paragnaph 12 of subsection

17.28.80(8); ,A,. -,. 12. Access roads with cut and fill slopes less than hrc (2) feet in height.

Exemption from the permit requiremen$ of qb c-trapEr shall not be deemed to grant authorization for any grading vY4ich modifies or obstructs a naturalAnainage course wi$rout a grading permit'
{7.28.050 Hezrds.
whener", the building official determines that any existing -excavation or emUant<ment or ftll on frivate property has becone ahazard to life and limb, or indangers proporty: oi aOverbly atr6c[s the safety, u8e or etability of a publb GftHi,iagi ctrinnel, tle ourner of the prcryry upon ll,hid the excavation or Rtt [s Uca$a,6r other Penon or agent in contol of eaid proporty, upon receipt of notio" in nntting ftom tire building 6ffichl, shall within the period speclfbd thereln repair or elimin-ate such excavation or embankment so as to ellminate the hazard ariO Ue in conformance with the requirements of this chapter. ln the event that any excavation or embankment or fillrvas accomplbhetl wiUtout oOUlni"g ttte requlred grading Permit and was existing.at the time orvnership changBifior the broperi upon iryfrictr the excavation or fill is locaEd, or at the time inomrer person'or igint cane into control sf said Property, it sh3qbe the iesponsiOility
'of the new olvner, person or agent 1tro i. mainbining the ex&vat6n 6r filt to obtain the propei grading permil and remedy any condifions orviolations wtrbtr do not comply with this chapter.

17.2E.060 Dcllnttiom.

For the purposes of Uris chapter the definitions lisbd hereunder shall be constued as specified in this seciion. 1. ,,Approval" means the proposed work or compbted work conbrms to this ctrapter in the opinion of the building ofiicial.

Z. ' 'Architeci'means a professional archibc't, registered in the Stab to practice in the field of architecture. ' 3. ,As-Graded" means the exbnt of surface conditions on ompletion of grading
4 5
'Bedroclf m€ans in-place solid rock.
"Bench'Ireans a raiativety lerrel step excava$d into earth mabrial on wtrich fill is to be Placed. 6. "Bonovlr means earth materialacquired from an ofr-sib location br use in gradirg on a site. 7. "Civil Enginee/' means a profeesional engineer registered in the StaE of Calibmia to prac'tice in the field of eMl rrorks.

8. .'Cfuil dgineering" means the applkztion of the knorledge of the forces of naturs, principles ofhechanics and itre propertbs of matarials b he 8 CITYOFTEHACHAPI

LECAL DEPARTMENT
evaluatfum, des[n and construction of civil works for the beneficial uses of mankind. 9. 'Compacfion" m6ans the densification of a fill by mechanical meen8.10. "Earth Matcriar mcans any rock, natural soi! or llll and/or any combination hereof. -- * 11. "Engineering Geologbt' means a g9ol9gigt glpgrbnced and knododgeable iriengineering geology, registered in tre Stale of Calibmh' 1i. "Enginiring Ceo16gf means the aPplication of geologic fr*ll*g"
"nO
-ftin.lp6s in thj'investig{io1 an! evaluatbn d natirally occunini rock and soil br use in the design of civilwo-rts' ---- i5. 'Erosionn means the ruearing away of the ground surfiace as a result of the mo\rament of wind, water ard/or ice'

14.'Excavation' means tre mechanbal renroval of earth maisriab'

15. 'Existing Grade' mans the grade prio.r t9 gra.ding'

16. ,FitF mJans a dcpooit of earttr ma6rial plqced by artifidal means'

17. 'finisn G;Oe" means the final grade of fire sile wtricfi conforms b the apPloved Plan. "18. ;Creotecfrnical Engineer'' See "Soils Engincer" ig. "OraOei means UL vertical tocation of the ground surfacs'

20. 'Grading" means any oxcavating or filling or.combination thereof'

21. 'Kef -ens a designed dmpamo ftll_placed in a bendt
ercarated in eartir ,"t"ti"t beneath the toe of a propoeed fill slope' ?2. "pro,lesslonailn"pecton" means itre- ine@ion required.by $ie chap6i-io be petffiEd bi tE civit.engineet, .o!g enginer or engineering gootogist Sucn inspeitni inOrOe that-pelturm.O 9V Pelsons superviscd by suc{r engineers or g;'6iEs "ni'.n"[
be;utrcktnt to form an opinion relating b
the onduct of work.

29. "Registered Geologisf means a geologiet regisbrod in the stab to pnactice in the fteld of g*l9gJ'

21. .Rougi'6rra"7*""ns the stage at wtrictr the grade approximately conforms to the apProved Plan'

25. nSite., means any lot or parcel of land or contiguoug combination thorsof, underthe."r" **t[nip, 'n'eL
grad.ing tt p"Pryd or permitbd'
2O. "Sk d;'n€ant "n
ltitiin"d gdde :ye"Pindination of rt'hich'rg
"rc,.us"oasaratioofhorizontaldietancetoverthalCllstanoe. ' 27. ,Soil' means naturally occ:-u;tlg irpetntX"t deposits overlying bed rock' 2g. ,soib Engineer (Geotechnkal Engineer),, In** an erlgineer eroerienced and knowredgeabre in-'-ne pricti"e' of eoils engineering Geotechnicall$fliffi?"*.rs (Geotecrrni*r Engineering)'. meens tr appticatton of the pti"iiii6 "i ioils'mfijnics in thJinvegt6stion' evaluation and design of civil Gtd invotving tn" ,.. & earth materiab and the inspection "r,O"it"ifing
of the construction thereof'
9 CITY OF TETIACHAPI

I-ECAI, DEPARTMENT
l0

30. "stockpile" means an a@umulation of loose earth material (etorage pile) generated during grading operations. 31. 'Tenace" means a relatively level step constucted in the faoe of a graded slope surface for drainage and mainbnanoe puposas.

17.28.070 Greding permit requiremente. A. Permits Required. Except as exempted in Section 17.28.U0 of ttis chapEr, no percon, firm, corporation, oyuner of tard, or possesor shall do any grading without first obtaining a grading permit from the building offcial. A separate permit shall be required for eacfi site and may cover bo,fi excavations and filts. Adjacent sttes being graded as one (1) integrated profrrt may be considered as one (1) site for purposes of this sec{ion.

Atl permits will include the provisions that the applicant his agents, conbactors, or employees shall carry out the proposed work in acoodance wih he approvd plans and speciftcations and in compliance with all the requirements d hb chapter and other County and State laws wlrich might be applicable. No approval shall exonerab the permittee or his agents ftom the responsbilrty of cornplyirg with $e prwisions and intent of this cfiapter. B. Application. The provisions of ChapEr 17.U,17.00 and 17.08 arc applicable to grading and, in addition, the apptication shall be aocornpanierl by or indude: 1. The estimated quantities aM type of material to be graded, excavated, orfilled, sufficient to establish bes. C. Grading Designation. Grading in exoaos of hi#nd (Q800[hree hundred (300) cubic yards shall be perfurmed in accordance with the approved grading plan prepared by a civil engineer or archibct, and shall be designated as "engineered grading." Gradirg involving lees than tffe-fuffid {ffieQ{hree hundred (300) cubic yards shall be cleeignated "r€guhr grading" unless the permittee chooses to have the grading perbnned e ergkrcered grading, or the buiHing ofiicial debrmines that special cotrditiong or unusual hazards exist, in which case grading shall conbrm to the requirements for engineered grading. D. Engineered Grading RequiremenB. Application fior a gradirp permit shall be accompanied by trc (2) sets of plans and spedficatirns, and supporting datia consisting of a soils engineering report, erginccring gpdogy report, engineering calculations and drainage computations. The plans, speciftcations and calculations shall be prepared and sprrcd by an indivHual licensed by the State to prepare such plans or specifications ufpn reguired by the building fficial.

Specifications shall contain information covering constuction and material requirements. Plans shall be drawn to scab upon subotiantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the rcrk proposed and show in detail that they will conform to the prwisbns of thb chapter and all relevant laws, ordinanoes, rules and regulatons. The first sheet of each set of plans shall give the location of the vrork and the name and address of the orner and the person by whom they were prepared.

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l'l
The plans shall include the folloring information:

1. Generalvicinity of the proposed site;
Z. Property limib and accurate contours of existing ground and dehils of terrain ard area drainage;
g. Liriting dimensions, elevations or ffnish contours to be achierred by the grlding, and proposed drainage dtannels and related construc'tion; 4. Dotailed plans of all surface and subsurface drainage devies, walls, oibbing, dams and other protec{ive devices to be construc'ted with, or as a part of, the propossd work together witt a map showing the drainage ani and the esiimated runoff of the area serued by any drains; 5. Location of any buildings or structures on the Property where Ure ryork is to be performed and the location of any buildingg.ol stryryres on land of adiacent owners li'hich are within fifteen (15) bet of the property or uni6n may be afiecfied bI t" pPp-ose.l grading operations;

6. Recomrirendations iniluded in the soils cnginee_ring t€po]t and the enginiring gsotogy report shal be inqrno$ed ,l 9? gradilg plans or specmcatflni. Wtren ipproved.by the. building orffrcial, gpecitrc ngoornmendations contained in'tlre soils engineering raport and the engineerirg g""logt *drt, which are applicable to grading, may be induded bY reference; ?. The dabs of the soils engineering and engineering geology reports togBther with the names, add[sses and phone numbens d ths firins or individuals wtro preparcd the report'
E. Soifs Engin""tingi Riport- fne ioit engineering report requircd by subsection (D) of nir t*on inatt inctuOe data regarding the nature, distribution' and strength of ex'lsting *iL, conclusions and
-reconrhendationE for gradirqg
;;Jr-d;nJ a""6nirit"rd for conective measur€., includirg buttase fills' wfren necessary, ,;-d-opinaon covering adequacy of;it3 to be dewloped by the propoeed gradirg,;;6qtgd by soi6 engineering factors, induding he stabiliU of slopes. F. Engineering Geology Report' fhg cngineering geglogY rsport required UV suUeact-on 16l of tt it-.i.*te"n shall include an adequate description of the gedogy of the site, irn"fusions
"nd --rmendations regardirg g1€. efiect of
;;6i;-',6gnaition,
',on the propo."a development, and opinbn and
recommendations tfing tfre Laiquacy of sitei to be developed by the proposeO grading, as afiested by geologig$ctoq
. .

G. Liquefac.tion study. rne Suiroiru officialrnay reQgire.a geotechnknl investigation in adru}n;;,itt seaion 1805 of the Building Code w1:n' during the coume of an inr"uts"tion, both or n following conditions are discotrered' it" t"p"tt shall address ihe potentialfor uqu-9ta{91'-

1. Shallow ground water, ftfty (50) Get or less'

2. Unconsolidated sandy alluvium'
H. neguhi errOing iequiremtnts. Each applicatiol Ft.".9ding permit shatl be "*rp.ni"J UV it* tZl sets of plans in suftcient clarity 19

CITYOFTEHACHAPI

LEGALDEPARTMENT
t2
indir:ate the nature and extent of work. The plans shall giva the location of the work, the narne of the oflner and the name of the pelson wtro prepared the plans. The plans shall be drawn to scale and include the folloving:

1. Generalvicinity of the propoeed site;
Z. Property limits and aciurate contouo of existing ground and details of tenain and area drainage; 3. Elevations, dimensions, location, s)dent, and the sk pes of all proposed grading shown by contou6 or other means and proposed drainage channels and rehted construc'tion; 1. Detailed plans of all surface and subsurfaco drainage devices, walls, cribbing, dams and other protective devices to be constructed wilh, or as a part of, ttre propoaed ryorft together wltt a map showing the drainage area and the estimated runofi of the area served by any drains; S. Location of any buildirgs or structures on tlle proporty whcre the work is to be performed and the location of any buildings or gtructul€s on land of adja&nt owners wtrich are within fifuen (15) Eet of $e property or wtrich may be afiectad by tfre propoeed gradlnq openatbns. i. ine building official may require that grading operations and proiGd designs be modifierJ if delays occur which incur weathergenerated Foblems not considered at the time the permit was iseued.

The building bmcial may require professional inspedion and testing by the soils engineer. When the buiHing official has cause to believe thet giologic faaorshay be involved, the grading will be required to conbrm b engineered grading.

17.2E.080 Gndlng fe6.

A. General. A fee for each Grading Permit, including relaEd plan checking fee, shall be paid to the building official, as establishql by the Boa]d of Supervisors and as sot by Board Resolution. ' B. Plan Checklng Fees. When a plan or other data are required to be submitted, a ptan checking-fee shall be pairl to the building ofiichl at the time of submitting plans and speciftcations for raview. Sakl plan ched<.fte shall be established by the Board of Supervisors and set by Board Rssoltttion. Separab plan cteck fees shall apply to rataining uyalls or major drainage sffttctures m iequired in Title 17. For excavation and fill on the same site, the fee shall be baiea on the volume of excavation or fill, wtricherrer is greater. Whele phns ara incornplete or changed so as to require additional plan checkiog, an additional plan+heckfee may be charged. - C. Grading Permit Fee. A fee for each grading permit shall be paid to the building offchl as set forth by Kem County. Said grading permit Ee_ehal! be established by the Board of Supervisors and set by Board Resolution. SeparaE permits and Ees shall apply to retaining walls or major drainage sfft ctures as iequired in Title 17. There shall be no separate ctrarge for standad tonace drains and similar facilities.

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l3

17.28.000 Bondr.

The buiHing official may require bonds in such form and amounts as may be deemed neessary to assure that the work, if not completed in accordance wifrt the approved plane and specifications, will be conec{ed to eliminate hauardous conditions.
ln lieu of a surety bond the applicant may lile a cash bond or instrument of credit witr the building ofiicial in an amount equal to that nhich wouH be reguired in the surety bond.

17.4.{00 CuE. A. @neral. Unless otherwise recommended in the approved soib engineering and/or engineering geology report, cuB shall conform to the provisions of this section. ' B. Slope. The slope of cut surfaces shall be no steeper than is sab I for the intended use and shali be no steeper than hre{!}three (3) units horizontal to one (1) unit vertical unless the applicant fumishes a soils engineering or a! engineehng geology report, or both, stating that the. site has been investpated ani gVingiriopinl6n that a cut at a steeper slope will bo stable and not craab a hazard to public or private property.

EXCSFHOII* i, A ert eurfaee may be at a slePe ef 1,6 hertrental te 1 vergal (6?fereent€t€P
1,1, li h nst inbnCeC te cuppert struc,turee ersureharges= 13, lt is aCequstely Preteetod frem eresien,
1,3= lt ie ne mere than I bet in height,
I
C. Drainage and Tenacing. Drainage and tenacmg shall be prcvkled as required bY Section 17.28.130-

17.28.110 Filb. A. General. Unlas otherwise recomrnonded in the approved sctib engineering r"port, fitle shall conform to the provisions of this section- ln the absence of an aiproveO soils engineerirXg report, theee provisions may be waived for minor fills not intanded to support structures.

B. fiU Location. Fil! slopes ihall not be constructed on natural elop€s t rt".p"iihan He{Z}thtee (3) horizontat unib to one (1) vertical unit' C. preiaEtion of Ground. The ground_..sYrfaco shall be prepared to receirre fill by t"ni*ing ,"getation, noncomplying..fill, lopsoil and other unsuitablo maieriats "clrffying
to-proiiOe a bond with na,rr ffll and, where sloq€s ar€ Eteeper in"" n "
(5) ho-rizdntal units to one (1) vertlcal.unit and $e height h grcabr than five (5) feet, by benching into souni bedrock or other competent mabrial as determined by the soils erlgineer. The bench under the toc of fill on a slopc ;6p, ttran iive iSi ttotirotit"l units to one (1) vefical unit ohall bc Et least bn

CITYOFTEHACHAPI

LEGAL DEPARTMENT
14 (10) feet wirJe. The area beyond th9 toe of fill shall be sloped for sheet overfuw ir j paveO Orain sfrait Ue pr6viaeO. When fill is to be placed over a cut, ttu bencfi unOer the toe of the fill shall be at least ten (10) feet wide, but fte cut shall be maOe before placing the fill and the cut shall be qualifred by the soils engineer or engineering g'eotogist or both as a suitable foundation for ftll.

D. - -Fill riaterial. Detimental amounts of organic material shall not be oermitted in fills. Except as permitted by the building official, no rock or-similar I i:*,il;ibi""maierial wiitr a maximum dimension greater trat (s,rehpla'2six (6) inches shall be buried or placed in fills.

EXCEPTIONS: The building offcial may permit plaoement a hrgsrrock when the soils engineer properly devises a mehod of placernent, @ntinuously inlpecG-its placernent and approrres the fill stability. The follorving conditions shall aPpty:

1. Prior to issuan& of tre grading permit, potr$el 1061 disposalareas shall be delineated on the grding phn'
Z. Rocf sizes greater than trrelve (12) inctres.in. maximum dimension shall be En (10) feet or more below grdc'
measured verticallY.

3. Roc*s shall be ptaced so as to assure filling of a[ voids wiEt r,rellgraded soil.

E. Compaction. All fills shall be compa@d to a minimum of ninsty (90) percent of maximum densitYF. Sfope. tfre slop6 of fill surfacee shall be no steeper than-is saG I Or me inenOeO-use. Fill stopes shall be no steeper ttran frre{3)thrge (3) units horizontalto one (1) unit vertical.

G. Oraihige and Tenacing. Drainage and tenrcing shall be prwilled as required bY Section 17.28-130.

17.28.120 Setbackr. A. Genenal. Cut and ftll slopes shall be set back fronr site boundaries in accordance with this section. Seback dirnensions shall be horizcntaldbtances measured perpendicular to the site boundary. Setback dimensions shall be as shorvn in Figure 17.2b1.

B. - Top of Cut Slope. The top of cut stopes shall not be made nearor to a site boundair line than bne ftflfr of the vertical h€igftt of cut with a minimum of two (2) ftet anO a maximum of ten (10) fuet. The setbadt rnay need b be increased br any required interceptor drains.

C. fo6 of filt Stop", The toe of fill slope shall not be mad€ nearsr to the site boundary tine than bne-half (1/2) the height of the slope_with a minimum of two (2) feet anO a maximum of drenty (20) Eet-- \,Vhere a fill dope is to be located near the site boundary and ttre iOiacent off-site prope$ ls- daneQpnd, .peciaf precautions shall be incorporated'in the ruork as the building official deems neoessary to protect tfre acijoining property fronr darnago as a reeult of such grading. Thise precautions may include but are not limited to:

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l5

1. Additionalsetbacks. 2. Provision for retaining or slough ualls'

3. Mechanical or ctremical treatnent of the fill slope surface to minimize erosion- 4. Provisions for the confol of surface waters' D. Modification of Slope Location. The building ofrtchl may appro\ra altemate setbacks. Jfr" UuifOing official may require an investpation .and Affi"rrdation by a quafneO enlineet orengineering geologist to dernonetab thatthe intent of $is section has been satisfied'

17.7f,130 Dnlnege and bnrcing'
A. General. Unlees otherwise indicated on the approved .g'{T^p]?l:
drainage hcilities and tenacing shall.conform to the provisions of fil8 sog1lon lor .rt t fiU ttopes tt*p"i tt.n tf,tee (3) uni6 horizontal to (1) unit vertical' B. Tenace. Tenaces at least six (6) feet in-*igth shall be established at not mors than nfty tgol i-t vertical intervais on all c!! or fill slopes to control surfiace drainage ,r,O"OEOti. excapf that wtrere onty one (1.) tenace-is.reCuired' it shal be at mirJ-heig;t.
-roi
"riorhr tnp...sg*ei th.?t:,rtv (60) 1'"t "ry u? b
one hundred t*.tiiiZbl-f*t in verticaiG,iry, orn (l).tenaco at approximably mkt-treight sfraff Ue tiffiL tf Zl rct in wUnlfenacawirJths ard spacing 1or cut and fi[ slopes g*6i Gir one trundnO-trrcnry .(120).Fa in habht shall be designed Uy a cruii"enlineei a19 tpp.r"o lv'ttie.uiriuing official' Suitable ecoess strall be p-ru"io permit proper cleaning and maintenanG. swales or ditches on t"*& strah niw a minirium gralient of fw" (5) percent and must oe parJ'wlt-n reinforced Ji.ret" na less than thrse (3) inches in thbkness or an approved equal pavitg. *ev shall harre a minlmum depth atthe d€epest p6int of "# (it f.tA;d ; miiimum
-paved
width of fwe (5) ;ge1
A single run of swale o, dit"n shall not collect runofifrom a tributary area exeding thi'E,i'ir,ir"iiJ il;;'t;;dt"d ('t3,5oo) squar€ fret (proiecbtl) wtttnout dlscfiarging into a down drain'.
c.SubsurfaceDrainage.Cutandfillslopesshallbeprovirledwith subsurface oralnagi ai neceesa[ for stability
D. Oispili] n-[ti.;g" tacititiesstrall be des[ned.to carry.waters to then€arestpraalcaotedrainage-vuayapproreobytebuiEingofficialandor other appropriate iurisdic,tion as a.s4l prllr io o"*rlsuch uaters. Erosion of ground in the .r"ri-*J[;h;d in"rr
-uJ
pr"rent"o'by instailation of non-eroeive
Iovrrdrains or other devices'
Building pads shail trave a drainage gradient of two (2) percent toward approved Gil;.-fdlitie, unless waived uv tt'" building fficial'
EXCEPTIoNS:Thegradientfromthebuildingpad.laybel
p"r*r,t ii "iL"f
ttre toff&JnJinditions exist throughout the pormit
area:
l.Noproposedfillsaregreaterthanten(10)fu€tinmaximum
dePth.

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l6
No proposed finish cut or fill slope faes have a vertilrl height in excess of ten (10) fuet.

No existing slope faces, wtrich have a slope face steeper than ten (10) unils horizontally to one (1) unit vertically, have a vertical height in excess of ten (10) Eet.

E. lnterceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above sbpeo tounard the cut and has a drainage path greater than fo$ (40) bet measured horizontally. lnterceptor drains shall be paved with a minimum of three (3) incfiee of concrete or gunile and reinforced. They shall harre a minimum dGptrt of twehc (121 inches and a minimum paved width of thifiy (30) incfies measurod horizontrally ac(,6s the drain. The slope of drain shall be approved by the buiEing official.
fl.n.14 Erooloncontrol. A. Slopes. The faces of cut and fill slopee strall be preparad ad maintained to control against erosion. This conhol may consist of efuetive planting. The protec*ion for the slopes shall be install€d as so(n * paffile and prior to calling fior final approval. Where cut slopee are not sut{ec't b eroslcn due to the erosion-resistant cfraracter of the matarials, such pro,tec{irn may tr omitbd.B. Other Devices. Where neoessary, check dams, cdbbing, dprap or offrer devices or mefftods shall be employed to oontrol erwion and prwilE sety.C. Temporary Devices. Temporary drainage and ercion coofid sha[ be proviCed as needed at the end of each wort day durirqg grding operatirns, such that existing drainage channels nould not be blocked. Dust coobol shall be applied to all graded areas and materiab and shall consist of app[tq ur&r q another approved dust palliative for the allevhtbn or prcventkrn of duet nuisanco.

Deposition of roc*s, earth materials or debris onto adiacent property, ptblic roads or drainage channels shall not be allowed.
fi.28,1fi Dnlmge tobnton flcllltlea
@neral. All drainage retention/dctention facilifes and fieir asociabd conveyance facilities shall be deslgned in accordance with tre Xer+es* getrelepmenrcity of Tehachapi Subdivision and Development Standarde or labst revision thereof.

17.28.130 trintcnence.

The owner of any propefi on which grading has been perfionned pursuant to a permit issued under the provisions of this chapter, or any other person or agent in control of sucfr property, sha!! maintain in good conditftrn and repair all drainage struc'tures, sumps and other prdective dwices shown on tfie grading plans filed with the application for grading p€rmit and approved as a mndition prccedent to the issuane of such permit.

2. 3.

CITYOFTEHACHAPI

LEGAL DEPARTMENT
17 fl.?f,170 GndinginrPecton. A. General A!!grading operations for which a permit is required shall be subiect to inspection Oy tne UulEing official. Professional inepectbn oJ grading ;d;ii;; inO tLsting stritl Ue provided by the civil engineer, soils engineer ard ttie engineering geolfoist retairied to provide such services in accordane wtth Subse&ion fi Z1;ff0(e) for engineered grading and as raquired by the building official for regular grading.

B. Civil Engiieer. The civil engineer shall prwide professional inspection wigrin suctr-enginee/s area of tectrnical speciatty, s'hk$ shall consist of bbservation and reviei as to the establishment of line, grage 3n! yrfae Ooin"g" oi U,e development area. lf revised plans are required during the coursiof ttre work they shall be preparcd by the civil engineer.

C. Soib ingineer. Th6 soils engineer shall provirle probsional inspec,tion within such-engineeCs area. of technical specialty, Yvhidt shall include oUlrvation during graai;g and testing for requircd compaction. - .The ails
engineer snan providl sufficient observJtion during the preparation of the. nafural ;^;rrd ana p6|ement and compac{'on of the fill to verify that such rruork is being iirtorrneO ih accordance with the conditions of the approved plan :$ tt" lpir"pri"t" requirements of this chapter. Revised rg@mmendatbns relating b "6nOidions
clitrehrg fo, fte approvet soils enginee1ng.ld engineering gsology ;p"rtr shall be Iubmitted t6'ttre permittee,-the bui6irp otrcial and the cMl enginer. -.e D. Engineering Geologist. The engineering geologist shall provide orofessional inspection within auch enginee/s irea of technical specialty' *.'hi"h 5ffiffi;il;;6d;dnat inspection & the bedrock excavation to determine if conditions encountlrea are in conformance with the approved repon. Revised recommerdations r"r"Ur,g to conditions differing from thE apPrcwd engineering geobgy report shall be submited to the soils engineer'
E. p"-itt*. ifre permittee shall be recponsible br the nork to be performed in accordance witir the approved plary and Epecitrcations and in 6*ot rn e gi6t ihfit*isions of thf'Ordinance Code, and the permitbe.shall "ng"g"
consultanG,-if requireO, to provide professbnal inspac{ions on a.timety ba;i.: The permifiee snitt aa as a coordinator betrrcen the consu]tants' the confiAor anO ttt -UuifOing
officia!. ln the event of cfianged condilions, the
pfiit161g snafl be-responsible for informing the building official d suctt change ind shall provide revised phns for approval'
F. euifOing Ofribd. The 6ui6ing ofiicial may inspect the proiect at the various stages of tnlwo* requiring appro:val to- determine that adequate control is being exircised by the professional consuttants'
G. Notififition of Noncompliance. lf, in tle 96u6e of fulfilling their responsibility unOer ttrls clrapter, ttri c;ivit engineer, the soils engineer' or the L|tfineiring'geodt ifindi tfi* ttrg work is not Oeing done in conformance with it ii "tt"pf-t
6t U,i approved grading plali, the discrepancies shail be reportad immediately in ffiihg to -the -pirmmee and to the building offidal' Recommendations for $nectivE measures, il necessary, shallabo be submitbd'

CITY OF TETIACTIAPI

LEGAL DEPARTMENT
l8
H. Transbr of Responsibility. lf the civil engineer, the soils engineer, or the engineering geologist of rccord is changed durirq the course of the worf, the rvork shall be stopped until: 1. The civi! engineer, soils engirreer, or engineering geologist, has notifbd the building official in writing that they will no longer be responsible for the r,rork and that a qualified replaement has been bund who will assume responsibility. 2. The replacement civil engineer, soils engineer, or engineering geologist notifies the building fficial in uiting that they have agreed to accept responsibiltty for the work.
fi.n.lB0 Completion of work. A. Final Reports. Upon completion of the rough grading rvork and at the ftnal completion of the work the buiHing ofiicial may rcquire the bllomdng reports and drarvings and suppbments thereto: 1. An astuilt grading plan prepared by the civil engirrcer or architect retained to provide such services in accodance wtth Subeection

17.28.170(E) shouring original ground surface ebrratbns, asgraded ground surface elevations, lot drainage pattems and locations and elevations of all surface drainage facitiUes and of the outlett of subsurFace drainage facilities. As-constructed locations, elevatbns and details of subsurface drains shall be shovvn as raported by the soih engineer. The civil enginee(s) shall state that to the best of their knorledge the work within their area of responsibility ruas done in accordane wih the final approved grading plan.

2. A report prepared by the soils engineeq retained to provide sucfi services in accordance with Subseilon 17.28.170(C), induding locations and elevations of field density tesG, summaries of field and laborabry tesb and other substantiating data and comments on any changes made during grading and their efrst on the recornmendations made in the approved soib engineering invest[ation report. Soils engineers shall submit a statement that, to the best of their knor{edge, the work within their area of responsibilities is in accordane with tle approved soils engineering report and applicable provbbns d this ctrapter. They shall also render a finding as to the adequacy of th€ sib for the intended use as afiacted by soilfiac'tors. 3. 1A report prepared by the engineering geologist retained to provide suc*r services in accordance wtth Subsec'tion 17.2Ai70(er, induding a final description of the geology of the site and any new information disclosed during the grading and the efiect of sarnc on recommendations incorporated in the approved gmding plan. Engineering geologists shall submit a statement that, to the best of tlrir knoudedge, the wo* within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter. They shall also render a finding as to the adequacy of the sib for the interded use as afiec'ted by geologic f;actors.

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l9

4. The grading contractor shall submit in a form prescribed by the buitding ofiichl a stiatement of conformance to said as-built plans and the spa:ifications. B. Notffication of Compbtion. The permittee or his agent shall notiff the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including removal of all stockpiled material not shown to remain, installation of all drainage facilities and their protective devices, and all erosion+ontrol measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.

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20 CITYOFTEHACHAPI

LEGAL DEPARTMENT

TEHACHAPI

CALIFORNIA

COUNCIL REPORTS
MEETING DATE: DECEMBER L9,2022 AGENDA SECTION: DEVELOPMENT SERVICES

APPROVED

DEPARTMENT H
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: JAY SCHLOSSER, DEVETOPMENT SERVICES DIRECTOR
DECEMBER L2,2022
INTRODUCTION OF AN ORDINANCE AMENDING ORDINANCE 19.06.753 AND TEHACHAPI MUNTCTPAL CODE SECTTON 15.04.160
DATE:

SUBJECT:

BACKGROUND
The State of California has adopted a new set of building construction codes as contained within Title 24 of the California Code of Regulations, also known as the lnternational Codes. The State correspondingly requires that local agencies enact and enforce these new codes beginning January 1 of the following year (ln this case January L,2023l,.

Furthermore, local agencies are granted the authority to add to the State codes. Kern County undertakes this effort in each cycle and the City has traditionally followed the County in order to provide consistency for the benefit of property owners and contractors operating within the County. In order to achieve this goal, we must amend municipal code section 15.04.160 to reflect the new county ordinance as it relates to the adoption of the County-leve! building codes.

RECOMMENDATION

STAFF RECOMMENDS THAT THE CITY COUNCIL INTRODUCE, BY TITLE ONLY, AN ORDINANCE OF THE CIW COUNCIL OF THE CITY OF TEHACHAPI ADOPTING ORDINANCE NO. G.9179 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALTFORNTA AMENDTNG CHAPTERS 17.04, L7.06, L7.08, L7.LO, L7.L2, L7.t6,

17.2O,L7.24,t7.26,17.28,L7.32,17.34,L7.36,t7.N,L7.U,L7.48, AND 17.56 OFTITIE t7 OF THE ORDTNANCE coDE oF THE COUNTY OF KERN CONCERNTNG BUtLD|NG REGUTATTONS - GENERAL RESTDENTTAL CODE,

BUILDING CODE, GREEN BUILDING STANDARDS CODE, MECHANICAL CODE, HOUSING CODE, PLUMBING CODE, ELECTRICAL CODE, EX|STING BUILDING CODE, GRADTNG CODE (AS REVISED HEREINAFTERI, FIRE CODE,

WILDIAND URBAN INTERFACE CODE, DANGEROUS BUILDINGS CODE, BUILDING RELOCATION, MOBILE HOME AND ACCESSORY STRUCTURET FLOOD PtAtN MANAGEMENT CODE, AND ENERGY CODE AND AMENDTNG SECTION 1 OF ORDINANCE NO. 753 OF THE CITY OF TEHACHAPI AND TEHACHAPI MUNICIPAT CODE SECTION

15.04.160

CITYOFTEHACHAPI

LEGAL DEPARTMENT
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI ADOPTING ORDINANCE NO. G-9179 OFTHE BOARD OFSUPERVISORS OF

THE COUNTY OF KERN, STATE OF CATIFORNIA AMENDING CHAPTERS t7 .u, L7 .6, t7 .O8, !7 .tO, t7 .12, t7 .16, t7 .2O, !7 .24, t7 .26, t7 .29, L7 .32,

17.U, 17.36, 17.N, L7.4, L7.48, and 17.56 OF TITLE 17 OF THE

ORDINANCE CODE OF THE COUNTY OF KERN CONCERNING BUILDING REGUTATTONS - GENERA!, RESTDENTTAL CODE, BUttDtNG CODE, GREEN BU|IDING STANDARDS CODE, MECHANICAL CODE, HOUSTNG CODE, PIUMB|NG CODE, ELECTRTCAL CODE, EXISTTNG BUttDtNG CODE, GRADTNG CODE (AS REVTSED HERETNAFTERI, F|RE CODE, WIIDIAND URBAN INTERFACE CODE, DANGEROUS BUttDtNGS CODE, BUIIDING RELOCATTON, MOBTLE HOME AND ACCESSORY STRUCTURE$ FTOOD

PTAIN MANAGEMENT CODE, AND ENERGY CODE AND AMENDING
SECNON 1 OF ORDINANCE NO. 753 OF THE CITY OF TEHACHAPI AND TEHACHAPI MUNICIPAT CODE SECTION 15.04.150
THE CITY COUNCII OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOLTOWS:

Section 1. AMENDING ORDINANCE
The City Council previously adopted Ordinance No. 19-06-753 on November 18, 2019 which became effective thirty (30) days thereafter in which it adopted by reference the 2019 edition of the California Building Standards Code known as the California Code of Regulations. ln order to obtain consistency with the County of Kern, California, the City Council wishes to adopt by reference Ordinance No. G-9179 adopted by the Board of Supervisors of the County of Kern on November 08, 2022. This ordinance shall be effective as of January t,2023. To the extent the codes adopted in Board of Supervisors Ordinance No. G-9179 as adopted herein amend or othenarise revise those adopted by the City Council in Ordinance No. 19-06-753, this Ordinance shall supersede Ordinance No. 19-05-753 and the revisions or amendments in Ordinance No. G-9179 as adopted herein shall be controlling.

Section 2. AMENDMENT.

Section 1 of Ordinance No. 19-06-753 and Tehachapi Municipal Code Section 15.04.160 are hereby amended to read as follows:
"15.04.160-Adoption of uniform codes. Ordinance No. G-9179 of the Board of I

CITYOFTEHACHAPI

LEGAL DEPARTMENT
Supervisors of the County of Kern, State of California which amends Chapters 17.M, 77.06,

17.O8, 77.tO, !7.12, 17.L6, L7.20, L7.24, L7.26, 77.29, 77.32, t7.34, L7 .36, 17.40, 17.44, L7.48, and 17.56 of the Ordinance Code of the County of Kern adoptingthe following uniform codes (or portions of same) is hereby incorporated by this reference into the Building Code of the City of Tehachapi: Building Regulations - General, Residential Code, Building Code, Green Building Standards Code, MechanicalCode, Housing Code, Plumbing Code, Electrical Code, Existing Building Code, Grading Code (as hereinafter revised), Fire Code, Wildland Urban lnterface Code, Dangerous Buildings Code, Building Relocation Code, Mobile Home and Accessory Structures, Floodplain Management Code, and Energy Code. All amendments and repealers of the foregoing Chapters by the Board of Supervisors of the County of Kern hereinafter adopted by the Board of Supervisors shall be automatically incorporated herein without further action of the City Council."
Section 3. REVISIONS TO GRADING CODE
Attached as Exhibit "A" and by this reference made a part hereof are the City's revisions to the Grading Code which shall be effective in the City of Tehachapi in place of the Grading Code adopted under Ordinance No. G-9179 by the Kern County Board of Supervisors.

Section 4. CALIFORN IA ENVIRONMENTAT QUATIIYACT
This ordinance is exempt from the requirements of the California Environmental Quality Act (CEaA) pursuant to Section 15051(bX3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment. The adoption of the Ordinance is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15051(bX3) of the California Code of Regulations.

Section 5. SEVERABIIIW.

Each of the provisions of this Ordinance are severable. lf any provision shall be 2 CITY OF TEHACHAPI

LEGAL DEPARTMENT
declared to be invalid, the remaining provisions shall not be affected thereby but shall remain in full for and effect.

Section 6. EFFECTIVE DATE.

The publication requirements for this ordinance shall be met in accordance with Government Code 6606 and 50022.3 and this Ordinance shall take effect 30 days after the date of its passage.

INTRODUCED at a regular meeting of the City Council of the City of Tehachapi, California on the t9fr day of December 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi, California, on the 17th day of January 2023,by the following vote:

AYES:

ABSENT:

ABSTAIN:

Mayor of the City
of Tehachapi, California
ATTEST:

TORI MARSH, City Clerk
of the City of Tehachapi, California
I hereby certifo that the foregoing Ordinance No. XX-XX-XXX was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting hereof held on January L7,2023.

TORI MARSH, City Clerk
of the City of Tehachapi, California
3 NOE:

CITY OF TEHACHAPI

LECAL DEPARTMENT
Section 1 1. Chapter 17.28,Title 17 of the Ordinance Code of the County of Kem,bherebyripealed;andanenrChapterlT'Zl'TitlelToftheordinance Code of the County of Kem, is hereby added to red as follws:

CHAPTER 17.2A
GRADIiIG CODE
Soc0onr:

17.2E.0{0

17.28.0m

17.2E.0:10 fi.n.w

17.2E.050

17.2E.060

17.28.070
1728.m0

17.28.090

17.8.100 fi.n.1$
fl.?,,Jm

17.8.1?0 fl.n.10
{7.28.{50 fl.n.lw
fl.2f.'170
t7.28.tE0

EXHIBIT'A'
Purpore.

Shorttl0e.

Scope.

Permite nqulmd.

Hezrr&.

DetlnlUom.

Gndlng pormlt rqultrmentr.

Gndlng fieea
Bond..

Cutr.

Fltb.

Srtbrclc.

Dnlmgcrnd brrrclng.

Eruion.contlol.

Dnlnegr nbnton hcllltho.
f,einbnenco.

Gndlng lmpecton.

Complodon of worlc
17,28.010 PurPoce.
ii.fitlrp*" or *rs'Jraprer is to.satuguard lib, limb. property and the public urettare 6y regulating grading on private propefi'

17.28.020 Shortdte.
iiti..tt"pt"r may be cited as the "Kem Courfi Grading Code." Aggregate Mixtures;

2.ASTMD1556,lnPlaceDensityofSoilsbytheSand4one
Method;

17.2E.030 SeoPe.

This cfrapEr sets furth rulee and regulations to contol excavation, greding a.4 earthvrcrk construction,- ln"f,rOhg ltb and embankmenB; eetablighes theadminbtative pto.*rti toi iorint" of permits; and proides br approval of plans and inspection of grding conetnrction'
The standards listed bolor are recognized standards'
A. Testing: 1. Asru D 1557, Moisturedensity Relations of soib and soil 4 CITYOFTEHACHAPI

LEGAL DEPARTMENT

3. ASTM D 21A7, ln Phce Density of Soib by the Rubber'
Balloon fulstttod; 4. ASTM D 2937, ln Phce Density of Soils by the DrivcCy'inder Meffiod; - 5. ASTM A 2922 an<l D 3017, ln Place Mclistrre Contact and Density of Soils by Nudear Methods.

17.8.W Pcnnltr nqulnd. A. Ercept as specifted in subsec.tion 17.28.040.8 of tiis dtapbr, rrc porson shall do any grading or cau88 the same to be done wihout fint having obtainsd a grading p€rmitftorn the buiHing oficial.

B. Exempted Work: 1. When approved by ttre buitding ofEcial, grading in an isolated, selfontained aroa il the building ffiKid finds tlnt no dangpr b private or public Properf can now or heregfter rcor.rlt frorn ho gpdirg opentions; 2. fur excarration below finietrql grede br basmente and fuotings of a building, rdaining wall, or other stucture authorizcd by a valkl buildirg permit. This shell not exempt any fill made with the mabrhl fronr sucfr excavation nor exempt any excavstion having unsuppofted hoight greater than fiw bet Efter the completion of such sfructure;

3. Cemetery gmves;

4. Refuse dbpocal sitee confrolled by other regulations;

5. Excavatione fior wells or funncle or utilities;
O. Mining, quarrying, excarrating, processing, stockpiling of rock, sand, gravel, aggregate, br clay where eetabligh€d and prcviled br by law, provuea suclr operatbng do not affec't tlp lateral eupport or iritrease the sbesses in or preeeure upon any adjaent or contiguoue property;
i. Bglordory excarrations under the direciion of soil enginect3 or engineering geologists ;
8: An excav*ign for a building si1g wtricfi: (a) b lees than t_rc (2) ftet in depth, or (b)
'i'hicfi does not crssts a cut doPe-gts?,q Ul?n qt
iSiO.t in neignt ani *eeperthan one and one-half ( 1n\ unib horizontal to one (1) unit vertical;

9. A fill $fiach doee not exceed fifiy (50) aDic yards on any one aite wtricfr ia: (a) lees than one (1) foot in depltr ard plaod on.lsql tenain with a jbp" llatter than tivb (5) units horizontal to one (1) unit verthal, or (b) hei than three (3) bot in depth and not inbnd€d to support stuc{uree;
lo.Accepbdagrio,rtUralactivitiee'indudingroutingmqm:p,
plowing, ditcirin!, 'frarrowl'ng, disking, r6ging, levollng, ard odter clmilar Lperafine neceasary to preparc a fre6 or crop fior producllon;

1.1. A.""ptid dimdU ac{ivitiee related to oilfreld drilllng, sucfi..as oitfreld roads, drililg pads, and sumps used for d]ilittg mud, and.9te9i1g required tor itre seftrU of production equipment. Th'r does not irdude 5 CITY OF TETIACHAPI

LECAL DEPARTMENT
acoqts roads which lead from the public rightsof-rvay P tt9 sip of }|e oilfield activity and are corrercd under paragraph 12 of sube€G'tiofl

17.28.fi0(B); ,6\.^^r .

12. h.c"." roads with cut and fill slopes less than two (2) feet in height.

Exemption from the permit requircments {.qb cfrapbr shall not be de€fn€d to grant authorization for any grading q.,"h modib or obstrucXs a naturatdrainage coursa witrout a grading potmit'

17.28.050 Hulrdt.

Wfineret the building offcial datermin€s that any exiding -excavation or
embankmont or fill on irlvate proPerty has beconre a hazard to lib and limb' or endangers propery, oi
"Oreti"fy
afe-as the safiety, u8o or stabiliry of a publb
;t-;;-d;i'irgi crriinnef n" rnter of the p]op9q upon whid, the excavation or filt is tocatsd, or other peroon or agent in eintrol oi said propefiy, un91 qglet of notice in writing fom 6e building i'ffict"l, shallwithin ft€ period sPccified theoln repair or eliminate sucfi excat ati6n or embankment so as to eliminate the hazard "riO
U" in conformance with the requircmen6 of $6 cfiaper.
ln the event that any excavdion or embankment or fillwas ao@mplbhetl rvihout "O[il"ing
tt" t"quiLJ St"ditg permit and wae exieting.at g1e time ournership *t"ng.O'br the'propefty upoi ,ttictr the excavation oi ftll b bcgbd, or at the tme another p"lson-ot igdnt came into corilrol of said Property, it ltqtlbe fie iopo""ioiiity'ot the new orrvner, person or agent wtro is maintaining the "r&vation
6r ftll to obtain Sre propei grading permit and renredy any condiUong or violations wtrictr do not comply with this chapter.

17.2E.0GO DoflnltlomFor the purposes of nis cfiapter ths definitions listed heretrnder shall be construed as epecifietl in this section.

1. "Approva!" means the propoaed work or ompEEd work conbrmS to this c*rapter in the opinion of the building orfficial' - - .-
Z. ' 'Ard.rit*i; rle,ans a professi6nal arcfribct, registered in the Stab b oractice in the field of architecture- -'-,As.OmA"O,
means the extent of suilace conditbns on conpletion
of grading.

4. 5.
'B€drodf means inalaoe eolid rock.
'Bench" means a reiatively lerrel stap excavabd into earfi mabrial on wtridr ftll b to be Phced. 6. "Bonowf'means eartlt mabrialacquired ftorn an off+ite location fur use in grading on a site. l. 'Civil Enginee/' means a profecsional engineer reglstered in the State of Calibmh to practica in the field of cMl works'

8. "CMl Enginedng" means the applkztion of the knodedgo d Ole forcea of naturs, PIidpbB othectranics and ifre properties of mabriab b the 6 CITYOFTEHACHAPI

I-EGAL DEPARTMENT
erraluafion, des(1n and construdion of civil rvorks for the beneficlal uses of mankind. 9. 'Compaction" means the densiftcation of a fill by mechanbal mean8.10. "Earth Matcrial' moans any rock, natural soil or llll and/or any combination &ereof. il. "Engineering Geologisf' means a geolggist e:perbned and knodedgeabte iiengineering geology, registerd in tre Stab of Calibmh' li. ,Engin&,ring thologf means the applbation of geologic fr*,f"Og" anJ
-ptltnip6 in thi- investpatol anq evaludion d na&rally
occunin!' rock and soil br uso in the daign of dvilrc-t:'

15. "Erosion" means the nearing arvay of the ground surfiacs as a result of the morrement of wind, uYater ard/or ice'

14. 'Excavation'meang tre mechankAl remoral Of earth mabriSb'

15. "Exicting Grade" m€ana the grade Prio.r t9 gt".d]ng'

16. "Fill" rnJans a dcpooit of earttr maEria! qlaoed-by artiHal rnoano' .
17- "finign G;O€" rleans the fina! gnade of [re gite wtrictt confiorms b the approved Phn. ' 18. ;Geotecfrnical Engineer'" Sce "Soib Enginer'' ig. "GradeJ-m,Jns t# vertical location of the ground surface'

20. "Grading" means any excavating or filling or.combinatircn thered' 2'1. "Kef
-- -ns a OisUneO oimpamA fift-.placed in a hsncfi
er"ar"eO in eartir ,"t"ti"t bsneaul the toe of a propced fi!! "Opt' 22. 'prod'llnailnspccti.rn" *n" ltre- inspealon oquirsd.by $ie chaper to be perd;n€d bt ti* civil enginryt' toiqbryina8t or engineering $ologtst Sucn inlpeiLni inauOe na-e"1U*"0 !V nersons uperviacd by sudr engineers or g;-diEts aruin"n oe iumcpnt to form an opinion relating o the onduct of work.

Zg. "Regl*ereO C:eologisf moens a ggologist r€glsbred in the Statc to pnadice in trefield qf geolgqY'

21. ,,Roug-h 6..d"-,',r""ns the stage at whicfi the gratte appoximatefiy conforms to the aPProred Plan'
Zf,. oSite" mens any lot or parcal of land or contiguon -TIft* thoEof, underthe *m;-rftonip, *'ttbr" jrading b perfurned or permitbd. zg. "sbo} lnoans an incrneo gduno iyq? P-indination of whicft 'ls "-,o."oasaratioofhorizorrtaldietancetorerfrcaldistance. ' 27. "soit' npans natrrally *r"ing "upttnti"t depooits overlying bed
rock' 2g. .Soib Engineer (Geotechnical Engineer)" In"en8 an erqineer ercerbnced and knw{edgeable d--G prictice' of soils engireering G;otecftnical) engineering'
Zg. "Soire'-Eigin€ering (Geotecfrnical Engineering):. means tte apptir:atkrn of thei."iiiir. & ioird m$"nics in the-invqtilation, evaluatbn and design of cMt';# invorving ure use of eartr materiab and the inapecnion "tfbii&ng of the comhJcilion thereof'
7 CITY OF'ITHACHAPI

LEGAL DEPARTMENT

30. "stockpile" means an a@umulation of loose eartt materhl (storage pile) generated during grading operations.

31. 'Tenacetmeani a relatively level step constructed in the faca of a graded slope surfiaoe for drainage and mainbnanqe purpoees.

17.28.070 Gnding permlt nquimmentr. A. Permits Reguired. Except as exempted in Sestion 17.28.U0 of thb chapter, no percon, firm, corporation, olvner of land, or poosessor shall dO any grading without first obtaining a grading permit from tho buiHirB fficial. A separae permit shall be required for eaci sile and may oovEr boffi excavatbrs and fills. Adiaent sites being graded as one (1) integrated proFd may be considered as one (1) site for purposes of thb sec{ion.

All permits will include the provisions that the applicant hb agents, contactotl, or emptoyees shall carry out the proposed rvork in accordance wih he approved plans and specificatpns and in complhnce wiUr all the rcquirernerG d hb chafier and other County and Strate larvs wfriclr might be applicable. No approml shatl exonerate the permittee or his agents from the responsbility of cqnplyirE with $e provisions and intent of this chapter. B. Application. The provisions of Chapbr 17.U,17.(E and 17.08 arc appticable to grading and, in addition, the application shall be accompanial by or include: 1. The estimated quantitbs and type of mabrhl to be graded, excavated, orfilled, sufficient to establish fuos. C. Grading Designation. Grading in exooss of ffind (2pO0)three hundred (300) cubic yards shall be perbrrrcd in accordance with the approved gnading phn prepared by a civil engineer or arcfiibct, and shall bo des(Tnated as "engineered grading.' Grading involving lees than tre-M (3$gg)three hundred (300) cubic yards shall be deoignated "regular grading" unlas the permittee chooses to have the grading perfunted c engirered grading, or the buiHing official debrmines that special conditiong or unusual hazards exist, in which case grading shall conbrm to the requinmcnts br engineered grading. D. Engineered Grading Requirements. Applicaton fior a gradittg permit shall be accompanied by twc (2) s€ts of plans and specificatirns, and supporting data consisting of a soils engirnedng report, engirmring gpology report, engineering calculations and drainage oomputatbns. The plans, specifications and calculations shall be preparcd and signed by an individtnl licensed by the State to prepare such plans or specifications when required by the building official.

Specificatbns shall contain infumation oovering construction and material requirements. Plans shall be drawn to scale upon subotantial paper or doth and shatl be of sufficient clarity to indicate the nature and extent of the work propos€d and show in detail that they will conform to the prwisions of thb chapter and all relevant laws, ordinanoc, rubs and regulations. The lirst sheet of each set of plans shall give the location of the rrork and the name and addrw of the o\flner and the penon by whom they were prepard. 8 CITYOFTEHACHAPI

LEGAL DEPARTMENT
The phns shall include the folloring information:

1. Generalvbinity of $o poPosed giE;

2. Propery limits-and accurate contours of exMng ground and d€taib of tsrrain and arsa drainage; 3. Liriting dimensionl, ebvations or finbh contours to be actrieved by tfre griding, and propoeed drainage dtannels and reffisd construction; 4. Detailed plans of all surfae and subsurfaoe drainry devicee, rvalL. oibbirig, dams and other ptotedive devices to be construcded with, or as a part of, the propced work toge&er wi[t a map showing tne Onihage ars; and the esiimated runoff of the a13a sewed by any drains;

5.Locationofanybuildirrgsorstructuresontheproperty
the rvork is to be perhrmed-and tre location of any buildirgs, ol smrqtreg on hnd of adiacent owners 'ifiich are within ffien (15) bet d ths property orufriitr may be afiecfied by the PPpPed grading oPerations;

6. Recomrhendauons induded in the soib cngineering rpport and the engineofing geology report shall be incorpq.*ed ,l 99 grading ptans or specificati5ni. Wtitn ipprove<l.by the. bui6ing offrcial, spocinc recommendations contained in'thc soib engincerirq -?9tt and the engineeringg*|ogyrcpoil,s'hichareapplicabletograding,maybe induded bY rebrence; 7. -16e
Oa6s of the soib engineorir' and enginering ryy
report3 togpther with the *ro, dd;sseE and phone numbsr d Ure firins or indivHuals wtro prepared tto report'
E. Soifs ingineerind nirport. ffre b1 engineering report roquired by subrection (D) of tni3
-ieaOn
ifraU inctuOe data rcgarding the nature, disfibution'
and strengffi of
"xlsting
soitt, conclusions and -recommordatione for gradirB
;;Jr-d;nJ aod-oitrri; for conecilive measunos, including butteee fills' wtren neoessary, anO-opinlon covering aOeqra"y of:ryo b b€ devolopod by the propoeed grading, ;; #"g6d by soi6 engirnering faturs, induding he stabiliry of slopee.

F.Engirreeringc,€ologyRcport.Thocngineringg€goqraport
required OV suUsoc,tid t5l & U*s-iEdi .n* indude an dequate deecription of the gpology of the site,;;cfusions "td
t"*rmendagons regarding g1o sfioct of
;;6i;-'.6gnanion,
'on tre propouea development, and opinkrn 8nd
pconrmendations -*ing fte laiquac-y of sites to be devebped by the propoeeO grading' as afiected by ggdogtgFctog
. .

G. Lhuefaction Shrdy. fne-SuiUing orffcialrnay raqlir€. a gpoEcfinbal inveetigation in acco6an; rtrt S*ti rn 1805 of the Bui6ing Code trhcn' during the courae of an iil*$g"ti"n, both of 6,t" following conditions ere discowrsd' iiii t"p.tt shalladdress the poEntialfor tiqu-eta{91'-

1. Shallowground water' fifty (50) bet or lees'

2. Unconsolkl'atcd sandY allwium'
H. Regular Grading nequiremln6. Eacfr applicatbn Pt.a .gradirU permit ghall bs .*rp"n;gi UV irc tZl Ects sf plana in sgffcient darify 19 9 CITY OF TEHACHAPI

LECAL DEPARTMENT
l0
indbate the natura and extent of wort. The plans shall give the location of tha rvork, the name of the orvner and the namo of t}1e person wtro prepared the phns. The plans shall be drawn to scale and include the bllowing:

1. @neral vicinity of the propoeed sib;
Z. Popery limits and aciurate contours d existing ground ard details of tenain and area drainage;

3. Elevations, dimensions, tocation, extent, and the gbpes of all proposed gnding shown by contours or offrer means and propced drainage channels and rehted consffudion; 1. Detailed plans of all surfaoe and subsurfieoa drainags devices, ualls, uibbing, dams and offier protec{hrc devi:ee to bo consfiucbd with, or as a part d, the propoaad ruort togOther YYifrr a map showing the drainage area and the estimaH rund of the area rrved by any drains; S. Locaticn of any buiHings or structuroo on tho Proporty whcra the work is to be perbnned and the location of any buiHings or gtructu]Es on tand of adiaient owners s'hich are within ffiaen (15) bst of the propetty or wtrir:tr may be afia@d by tfre popoeed gradlng operationa. i. ffre building omciat may require that grading operdons and proiod designs be modifted if clelays oocur s'hbh incur rveathergenerabd ptoblems nd consklerad et ths time the p€rmitrYas issued.

The buiHing offichl may require profiaosional inepedbn and tcting by tre soib engineer. When the buiHing orfficial has cause to believe that $otogic fractors may be involved, the grading will bo requircd to onfuin b engineered grading.

17.2E.0E0 Gndlng be. A. General. A fee for each Grading Psrmil, induding raffid plan drecking fee, ehall be paid to the building official, ag etablistred by tle Boerd of Supervisors and as set by Board Resolution. ' B. plan Chediing Fees. When a phn or other data are required to be submited, a ptan cfrecking-fee shall be paid to the buildirq ffichl at the fime d submitting plans anO specilications for review. Sald plan cfied<.beshall be established-by the Board of Supervisos and set by Board Rccolution. Separ& plan check fees shall apply to retainirg walb or maior drainage sfiuctur€8 as iequired in Title 17. Foi eicavation anO fill on the serne sib, tha bc ahall be ba;ed on $e volume of excavation or fill, wtrir*reror is greabr. Whera phns am incomplete or changed so as to require additional plan cfieckillg, an dditional plandreckfee may be chargpd. ' C. Grading Permit Fee. A fee for each grading permil shall bc paid b the building offichl as set forth by Kem Counf. Said grading permit be^ehall be estabtiehed by the Board of Supervisors ard set by Boatd Reeolution. Seperata pormits and Ees shall apply to retaining walls or maior drainage sfructur€s ag iequired in Title 17. There shall be no separate cfrarge hr standard tcnace drains and similar facilities.

CITY OF TETIACHAPI

LEGAL DEPARTMENT
ll

17.28.000 Bondr.

The buiHing ofiiciat may require bonds in such form and amounts as may be deemed neessary to assure that the uork, if not complefied in accordance wiUt the approved plane and specifications, wilt be conected to eliminatc hazardoue conditions.
ln lieu of a surety bond the applicant may file a cash bond or instument of credit wih the building official in an amount equalto tlrat f,Ihich ruouts be required in the surety bond.
fl.?f,lfi Cub. A. Creneral. Unlegs otrerwise recommended in the approved soib engineering and/or engineering geology report, cuts shall conbrm to the provisbns of $is section. ' B. Slope. The slope of cut surfaces shall be no steeper than is saE I Or Ure intended use and snad be no sbeper than tre{2)three (3) units hotizontal ' to one (1) unit vertical unbse the applicarfi fumbhes a soils englneering or al e,nging6}ing goology report, or both, itating that $re_.site has been inveatigated "nI
gMng-ariopini6n trat a cr.rt at a steeper slq€ will bo stable and nd craab a fiaznvd to public or private proporty'

S(GEFHONET
(6fuereent€b#
1,1, it is net inbnded te GuPPert etru€'turge ef eurshargee, 13, lt ie aCequably preteeteC frem ereeien'
C. Drainage and Tenacing. Drainage and tenacing Bhall bo provkled as raquired bY Sectbn 17.28.130-
l7.2E.tt0 Fllb. A. Genenl. Unlees otlerwise recommended in the approved x;ib engineering t pott, nlls sn"tl conbrm to the provisions of $is gection' ln the absence of an adpt*"d soils engineering report, $63e provisions may be waived br minorfilb not intended to support structurss.

B. fiU Location. Fill slopes itratt not be constructed on natural eloP6 I steepeinan Set2)thrge (3) horizontal uni'b to one (1) vertical unit.

C. preiaratlon of Ground. The ground_^-surfae shall bo prepared to receive fill by r"ni*ing-u"getation, noncomp=tying._fi11, tgpsoil and other unsuitable materials scirfying to-proiia" a bond wth new fill and, wtrere sloOge arg stoepor than five (5) horizolntal units to one (1) ve{cal.unit and he height b grcsr than ii,r" tSl ti"t, Uy benching into sou;ti bedrock or other competent matsrial ae ietemiinea by the soils ingineer. The bencfi under the toc of fill on a alopc ;t*p.; tnan iive'iSifrotlto,it"l units to ore (1) rrertical unil shall be at lcagt bn

CITY OF TEHACTIAPI

LEGAL DEPARTMENT
12 (10) feet wi6e. The area beyond the toe of fill shall be sloped br shed.overflow ir i paveO drain shall be pr6vided. When fill is to be plad over a cut, tle bordl under the toe of the fi[ shail be at least ten (10) feet wide, but tle cut shall be ;ade before placing tre fill ard the cut ehall be qualified by the soils engineer or engineering geologist or both as a suibble bundation furfill. - D. Fill riaterial. Detimental amounts of organic mabrial shall not be permitted in fills. Except as permitted by the building ofrcial, no rock or similar I ineduciOle material snih a maximum dihension grcater frat (tre|re)4ilsix (6) incfres shallbe buried or placed in fills.

EXCEPTIONS: The buiHing official may parmit placenrnt or brgol rock when the soils engineer properly deyis6 a tn€[fiod of placernent, @ntinuously inlpects its placernent ard approvas tie fill stability. The follwYing conditions shall apPty:

1. Prior to issuance of tre grading pormit, pobntial rod( dispcalaneas shallbe delineated on the grading phn.

Z. Rock sizes greater than tvuelrre (12) inchco in. maximum dimension shall be bn (10) feet or rxlrB below gradc,
measured vertically. 3. Rocks shall be phced 80 as to assure fillirq of a[ rc&le wiBl wellgraded soil.

E. Compaction. All fills shall be compacfied to a minimum d nirrty (90) percent of maximum densitY. F. Slope. The sbpa of fitl eurfaceo shall be no steeper than_b aafe I Or ne inbnded use. Fill slopes shall be no stoeper than fre{2}thre (3) units horizontalto one (1) unit vertical. G. Draihige and Tenacing. Drainago and brrrcirq shall be provitlcd as required by Section 17.28.130.

11.28.fiA Sctbrckr. A. General. Cut and fill slopco shall bs lst back ftorn site boundarbs in accordance with this section. S€6ack dlmensions strallba horizcntaldMtcas measured perpendicular to the site boundary. Setback dirnencims shall be as shown in Figure 17.2V1.

B. - Top of Cut Slope. The top of cut slop slull not be mede r€ar€r to a site boundary line than one fifih of thc vertical height of ctrt rvih a minknum of two (2) fBet airO a maximum of ten (10) 6et. The setback may need b bo increased fur any required interceptor drains. C. foi of Fi[ Slope. The toe of fill slope shall not be made nercr to the site boundary line than one-half (1/2) the height of fio slope_with a minimum of two (2) feet and a maximum of turcnty (20) bet. Where a fill slope is to be located'near the Eite boundary and tfre adiacent ofi-site prope0 ls darsloped, special precautions shall be incorporatod in ttre ruork as the building official deems nocesEary to protec{ the adjoining property frun damage as a rcult of such grading. These pncautions may indude but are not llmibd to:

CITYOFTEHACHAPI

LEGAL DEPARTMENT
l3

1. Mditilmal sebacks. 2. Provbbn br retaining or slctrgh unlls'

3. Mechankul or chemical trsfnent of Up fill slope surface b minimize eroaion. 4. Provisions forthe confrol d surfacc waters' D. Modification of slope Locatbn. The buiHing oiffichl may epptoro anemaf seOacfs. ftre b"ilding official may requirg an inveetigatbn .ard 6[fi"t dation by , qr"fn"O
"nlineet
orengineering geologist to dernonsfab
natme intent dttis section has been sdisfied'
t7.2S.l3O Dr:elnege end brnclng.

A. Genenai. Unlese otherwise indicated on the approved.gndiry^p]?n' drainage fadliti6 and tsnacing shall.conform to the proq{ons of ulb Eoctton lof c,rt ;ifill slopes t6"p"; xlin dtee (3) unb horizontal to (1) unit rrertical' B. Tenaco. Tenaceo at least six (6) faet [widh shall be eotablbh€d at not more than r,in, tg6i ioot verticat intervais on all cut or fill slopes to control surfaco drainagp
"nO"OSOrirtxceplfhatwtreie
ont, 9ne (1.) tenae is.reeu!rcd' it
shall be at mirt-hepil- foi "rt
o.'fill elopes ercad qT:"dv (60) ftet
"ry -u1.b
one hundrcd t*"16i ii Zbl e"t in verticai G,6ry, orr (l).orrqcg d +proxinably mirJ-height shatt be tii"vt tlzl feet in *i.tt]r"*ce'wlctrc and specing br crfi and fi1 stop6 gr"i;ift;;te frunOraO t*ronry.(120).F"t in height shall be designed Uy a cr,riiInIin""i a19 .pprr"O Uy'tlie.UiritOing official' Suibblo ffiss shall be provirteiO permit propor cleaning and main6nance' g1rabs or ditches on tL*& snail triw a minirium grd'Ent of fit1g (5) percent and must b" p"di ;,ilh-reinforced con.r"ti na pd than threo (3) inches in thlckne$ or an approved equal paving. Thev sha[ havB a minimum depilt at$e d€ep6t p.inr of o"iiil ntoianO a miiimumlarc0.*q' of fi!€ (5) E€t" A sing]6,'ril"f ewab or oirn shall not collec;t runo6from a tibutary area exceediru rri'Ei'il;;il il irnot o (13,500) quer6 16a 1p1t;1ectea) vyitput <tlscfrarging into a down drain'
-
c.suusurfacsDrainage.CutandftllgloPeeshallbeprcvEedwiut subsurfacs orainagi ; necessaf for etability
D. Dtsp*d. n1 Jr.i*'g" tacitititn'srral be des'Ened.to cany.wataB b the nearest p|aair"ut drainagp-wai.pp.d by qP uuiuiru ofncial and/or other appropriate iilrirJiAon 3g-" saf; pEAa.O"O*'lsuctr waiers' Eroeion of gro{rnd in the "r""-d-ii.t"tgi
ani[ 6J prernntx by installatbn d non-etcive
downdrains or o,tter devies'
Building pads shall fraG a drainage gradient of tuo (2) percont 6lmrd approrcd Arai*fi t
"ifit*rs,
untces waiwd uv tt building official'
EXGEPTIo}IS: The gradient from the buildirrg pad. may be 1 p"r".nt ii;ii"f the fofiiJng-inditions exist throughot'lt g'e pcrmit aree: 1. No propooed fills are greater than ten (10) ftst in maximum depth.

CITYOFTEHACHAPI

LEGAL DEPARTMENI
t4
No proposed finish cut or lill slope Eces have a wdfu:al height in excess of ten (10) fuet.

No existing slope faces, r,hich have a slope fe stoeer
than ten (10) units horizontrally to one (1) unit vertically, havu a vertical height in excess of ten (10) b€t.

E. lnterceptor Drains. Paved interceptor drains shall be installod along the top of all cut slopes where the tributary drainage area abow sbpes touard the cut and has a drainage path greater than brty (40) bet reaaurad horizontally. lnteroeptor drains shall be parcd wi$r a minimum of thrce (3) inchec of concrete or gunite and reinforced. They shall have a minimum d+ft of tuehrt (121 incles and a minimum paved width of frary (30) incfie measurcd horizontally across the drain. The slope of drain ghall bc approvcd by the buitsirq official.
fl.n.1$) Erolionconttol. A. Slopes. The faces of cut and fill slope shall be prepared and maintained to control against eroeion. This conhol may corloist d eftc{irc phnting. The protec*ion for the slopes shall be insblled aa soo{r a pr#lc and prior to calling br final approval. Where cut slopc are not ulicrct b ermlon due to the erosion-resistant cfiaracGr of the mabriab, sucfi pr&c{bn may ba omitbd.B. Other Devices. Where neo*sary, cft€d( darn, cribbing, dprap or offier devicss or meffiods shall be employed to corilnol ercion and prwide safaty.C. Temporary Devicee. Temponry drainage and erooion confol shafi be provided a$ needed at the end of each rvork day durirq gmding opcrat*rm, such that existing drainage channols vuould not be bbckd. Dust contol she[ bo applied b all graded areas and materiab and shall consbt of epp|irq rr&r or another approrred dust pallidive for the alleviation or preventirn of dr,rst ruisanc.

DeposiUon of rocks, earth materials or debris onto djaent property, prblic roads or drainage cfiannels shall not be allored.

17.2E.150 Dnlnegcnbntonfecllttlcr.

Goneral. All dnainage retentiorldetEntion fiaciliUes and their asociabd con\reyance facilities shall be depned in accodance udtr tho l(er*€e@ eeteeBmeetCity of Tehachapi Subdivision and Development Standards or lebd ravision thereof.

17.28.180 feinbnrnce.

The orner of any property on wtrich greding has been perOnrpO puouant to a permit issued under the provisions of this clrapter, or any offier peruon or agent in control of sucft prop€rty, shall maintaln in good condition and rspair all drainage structures, sumps and other protective devioes shown on the gradmg plans filed with the application for grading permit and approved c a condition precedent to the issuanoe d such p€rmit.

2. 3.

CITY OF TEHACHAPI

LEGAL DEPARTMENT
l5

17.28.170 Gndlnglmpecton. A. General Al'grading operations for whictr a permit is required shall be subiect to irspection Uy the UuiEing official. Profiessional inspection of gradirE ;pfi6; and tlsting stritl Ue prorided by the civil engineer, soilg engineer and ttie engineering geofoist rBtaiisd to provirle such services in accordance with Subse&ion 1;,Ze.nOG) tor engineariO grading and as required by he bui6irg oitrcial for reguhr grading.

B. Civil ingiieer. The civit engineer shall provkle professional inepeaion within auctrtnginee/s area of tecfrnical special$, s'hicft shall consist of bbservation and reviei as to the eatablbhment of line, graqe 3{ gurface O16in"g" 91 fu developrnent area. lf revised phns are required during the cou;3iof tfre work they inatt Ue prepared by the cMl engineer.

C. Soib
-Ertineer. Thi soils engineer shall prwirle pro6ssional inepeciion wi6rin suchinginee7g arca. of technical speciatty, whidt shall indude oulrvation ouring aradiig and teting for requircd compac{ion.- It Pib enginecr ehall proildi sufficient observalion during the prepardol of q". natural a-;rrd anO pta'cernont and cornpaction of ths fill to trenfy that such work b beirU p"r6rn ed iir accordance wtth the conditkrns of the approwd. plan and the ;pd"pri"tr requirapn6 of g1is cfiaptcr. Revised recomrnendatirns ralating b 6noiti'on" oine'ring'ffi the approvdl soils enginee.riry.?td engineering geology r"p",tr shall be lubmited d'tre permittee,-the bui6irB fficial and the cMl enginear. -"e D. Engineering Geotogist. The engineering g.nloqist :Pll-pgf" orofassional insoec{bn iiurin auctr enginee/s iroa of iectrnical apeciatty, s'tticfi !i,,;f;ffi;'pr[aJiJnat inspection & the bedrock excavaton to determine if conditions encountlrea are in conformance with the approved rapart' Reviud rccommenddions;t"t,tg to conditions differing from the apprcved cnginering g"dqy raport shall be submifted to the soils engirteer' E. perm-mce.
-rrc p"*ittce shall be raponsible br the u,ofk to be
performed in accoroance with ttre apploved PlaP and gpecilications and in conformane wiur lii-prorisions dtrii'orUinance Gode, and the permitbe.shatl ;dd consufiarG,-ir required, to prov6e pro$ea{onal inspectione on a.timely basb. fne permmee strit aa as'a coordinator between the oonguttants, the *nGaor
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f* UuifOing om.ial. ln the event of cfianged ?ndryory' re pfiil"" shatt be resfi"iUte Or informing the bui6ing offitial d suctt changp ind shall provide ravised plans br approval'
F. auirAinfOff,ial. The 6ui6irq of6ciel mayinspect tt? pq:tt d uto various gtag$ of niruo* requiring appr&a to- determine that adaguate conbol ls being exircised by the profieesbnal consultants'
G. Notificition of Nonompliance. lf, in the ggur3a of fulfilling their ,esponiiUitlV unOei-nf chapter, f,i Orif engineer, the soib engineer, or the ;r6rdtg'geofogltifind. Ui* q: work iE not Ueing done in conformance wtth this chapbt ot UJ"ppt""a grading pla1s, the discrepancies eha[ be reporbd imnredia6ly in "ilifig io -ttre -pirmmee and to hs building qti"t RecommErdations for conective measutss, if neceesary, shall atso be submitbd'

CITYOFTEHACHAPI

LEGAL DEPARTMENT
16 H. Transbr of Reeponsibility. lf the cMl enginer, the soib erBineer, or tre engineering geologist of record is ctranged during the oourse of the wofi, the nork shall be stopped unti!: 1. The civil engineer, aoils engineer, or engineering gsologffi' has notifbd the building orfficial in writing hat they will no hnger be rwponsible for the uork and that a gualified replaement has been bund wfro will assume responsibility. 2. The rephcement civil engineer, soils engineer, or engineering geologbt notffies the building official in writing that they haw agrced to accept responsibility for the rvork.

17.8,l8A Compledon of wot. A. Final Reporb. Upon completion of the rwgh grading nork ard at he final @mpletion of the work the buiHing oftrcial may requite the fullowing reports and drarvings and supphmenb &ereto: 1. tur astuitt grading plan prepared by the civil cngirrcer or architec{ retained to povide such seMces in aocordance witt Suboectbn

17.28.170(E) shouling original ground surfae elevatirns, aegraded ground surfae elevations, lot dnainage patbms and bcatbng and elevations of all surfiaoe drainage fadlitis and of Ote outletr of subsurface drainage facilities. As-conetnrcbd bcaUons, ebvations ard details of eubsurfae drains shalt be shovrn as reporH by the gc$ls engineer. The civil enginee(s) shall staE that b fie bect of their knodedge the work within their area of reeponsbility was dooo in accordance wih the final approved grading plan.

2. A report prepared by tfre soils ergineer, rstained to provide sucfi servies in accordance with Subeciion 17.28.170(C), indudilg locations and elerrations of field density tesils, summarbs of fieH and labonabry tesb and other substantiatirq data and comments on any cfranges made during grading and firair eftct on the reoommenddone made in the approved soib engineering investfation roport. Soils engineers shall submit a statement that, to the b€st of their knowledge, the work within their area of responsibititbs is in accotdance wih $e approved soils engineering rcport and applicable prwbbns of $b c*rapbr. They ehall also render a finding as to the adeguacy of tha eita for the inbnded uso as ffied by sctilfiactors. 3. :A report prepared by the engineering geologist reteined to provide eust sarvices in accordance with Subsodion 17.2A.fl4(E), induding a ftnal description of $e geology of tho site and any now information disclocod during the grading and the cffiact of eerno on re@mmaldations incorporated in the approrred grading plan. Engineering geologbts shall submit a statement that, to the best of their knoudedge, the rrcrk within their alaa of responsibility is in accordance with the approved engineering geologiot report and applicable provisiona d thb chapter. Ttny shall also render a finding as to the adequacy of tro sib for the intended usa aa affiected by geologic factors.

CITYOFTEHACHAPI

LEGALDEPARTMENT
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4. The grading contractor shall submil in a form preecribed by the building ofricial a statsment of conformance to sakl as{uilt phne ard the specificafions. B. Notificatbn of Complefion. The permittee or his agent shall notiff the buitding officialwhen the grading operation is ready br final inspecition. Final approval shall not be given until all vrork, including ramoval of all stoelpilod niaterial not shown to remain, instalhtion of all drainage faciliths and their probctirc dsybes, and all erooion+ontrol measures have been compbted in aocordance wih the final approved grading plan and the required reports haw boen submitted.
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LEGAL DEPARTMENT
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TE HACHAPI
CALlFORNI,A.

COUNCIL REPORTS
MEETING DATE: DECEMBER tg,2ozzAGENDA sECTtoN: poLtcE DEpARTMENT

HONORAB LE MAYOR SMITH AND COUNCIT MEMBERS
FROM: ANTHONY BONELLI, CODE ENFORCEMENT OFFICER
DATE: NOVEMBER TO,2022
SUBJECT: EMERGENCY ABATEMENT AT 49s18 MICHAEL AvENuE

BACKGROUND
Pursuant to Municipal Code Section 1.16.065M, emergency abatements may be conducted by the city when appropriate' This code also requires a hearing before the city council following any such abatement to determine whether the Code Enforcement officer's abatement actions were appropriate. on october L7,2022, the property located at 49518 Michael Avenue was inspected based on a complaint of dead and overgrown vegetation debris constituting a fire hazard. During the inspection the property was found to be vacant. A Notice of Violation was posted and mailed to the legal owner of record. A records check of the property showed the owner as Andrew Chatos with a mailing address of 49518 Michael Avenue. over the next few weeks several attempts were made to find a person responsible for the property which yielded negative results.
on November 10, 2022, a warrant was served to abate the violations on the property. Through the use of a private contractor the dead and overgrown vegetation debris was removed from the property.

RECOMMENDATION
Staff recommends that the City Council approves emergency abatement actions conducted by Code Enforcement at 49518 Michael Avenue.

APPROVED

DEPARTMENT
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TEHACHAPI

CAL'FORNIA
COUNC!L REPORTS
MEETING DATE: DECEMBER L9,2022 AGENDA SECTION: Assistant City Manager

DEPARTMENT H

APPROVED
CITY

TO HONORABLE MAYOR AND COUNCIL MEMBERS
FROM:

DATE:

SUBJECT:

COREY COSTELLOE, ASSISTANT CITY MANAGER
DECEMBER 19,2022

INDEMNIW AGREEMENTS BETWEEN THE CITY OF TEHACHAPI AND THE COUNTY OF KERN FOR

UPDATES TO EMERGENCY OPERATIONS PLAN AND KERN OP AREA CYBERSECURITY PROJECT

BACKGROUND
The City of Tehachapi works closely with the Kern County Fire Department Office of Emergency Services for a variety of emergency preparation and response initiatives. These include the development of our emergency operations plan, emergency operations center, and on occasion, other emergency preparation and response projects as a result of funding received by Kern OES from the Governor's Office of Emergency Services to support and provide for the purchase of equipment and training related to public safety.

I N DEi'INITY AG REEII ENTS
The City of Tehachapi has been approved by Kern OES to take part in a pair of grant opportunities that will be facilitated by the County of Kern, requiring the attached indemnity agreements.

The first project is identified as the'Kern Op Area Emergency Operations Plan Update Project'. This project which includes the cities of Taft and Shafter, will update the City's Emergency Operations Plan (EOP) to improve the City's preparedness to implement a coordinated and effective disaster response. The City of Tehachapi's current EOP was first drafted in 2012 with subsequent updates, the last taking place in 2019 with the addition of 'Public Safety Power Shutoffs' as an additional emergency. As with any emergency documents, the types of emergency and response practices continue to evolve, thus the need for not just an update, but a new working document.

The County of Kern will send out a request for bids and conduct the project through the County bidding process. The participating sitting will have an active role in this process and sit on the selection committee to evaluate all proposals received by the County for this project prior to approval and the development of a contractual document to be approved by the Board of Supervisors.

The second project is identified as the'Kern Op Area Cybersecurity Project'which willfund equipment and training. Several cities in Kern County and across the nation have been the victims of cyber attacks over the last few years which often include the capture and loss of valuable data, files and public documents. ln addition, city websites have been held for ransom and other servers taken offline for extended periods of time.

While the City of Tehachapi has been aggressive in preventing these attacks, additional resources and collaboration with Kern OES will provide a supplementary layer of security to include:
• Internal/External Cyber Penetration Testing
• Incident Response Planning
• Connection of MDC Devices to Active Directory
• Microsoft lntune Mobile Device Management

FISCAL IMPACT
For the 'Kern Op Area Emergency Operations Plan Update Project' the City of Tehachapi will not be receiving any direct funding although $135,000 of grant funds have been allocated to complete this project with the County and participating municipalities. The city will pay all staff expenses for participation in the update process.

For the 'Kern Op Area Cybersecurity Project,' the City of Tehachapi is also not receiving direct payments, but the County of Kern has budgeted $35,000 to purchase the equipment and provide training.

RECOMMENDATION
Approve the indemnity agreements between the City of Tehachapi and the County of Kern and authorize the City Manager to sign.

AGREEMENT NO.

INDEMNlTY AGREEMENT
THIS AGREEMENT is made and entered into on
by and between the CITY OF TEHACHAPI a municipal corporation ("City"), and the COUNTY OF KERN, a political subdivision of the State of California ("County"). City and County may be referred to individually as "Party" and collectively as "Parties".

RECITALS
WHEREAS, County is the annual recipient of funds from the Governor's Office of Emergency Services to support and provide for the purchase of equipment, planning and training related to public safety ("Grant Funds"); and WHEREAS, the equipment, training and planning services funded with the Grant Funds may be to support other jurisdictions within Kern County, including the City, based on selection of projects most deserving of the Grant Funds; and WHEREAS, the City has requested assistance through the County to utilize Grant Funds to update the City's Emergency Operations Plan ('EOP') to improve City's preparedness to implement a coordinated and effective disaster response capability of City resources; and
WHEREAS, in exchange for the County administration of purchasing processes described below to support the City's process to update its EOP, the City desires to hold harmless and indemnifo County from any claims and/or litigation arising out of the City's use of the updated EOP.

NOW, THEREFORE, incorporating the foregoing recitals herein, the Parties mutually agree as follows:
. PROJEGT. The name of the project in the FY21 State Homeland Security Grant is the Kern Op Area Emergency Operations Plans Update Project, with an initia! budgeted allocation of $135,000.

City jurisdictions included in this project are Taft, Tehachapi and Shafter (collectively, the "Participating Cities").

Actual cost for consulting services to assist updates of a City EOPs will be determined through a competitive bid process administered by County (the "Competitive Bid Process").

Should the grant allocation for this project be insufficient to fund the project costs as determined through the competitive bid process, this project may be deleted entirely or reduced in scope as needed.
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County will develop a Request for Bid document, administer the evaluation process to develop recommendation of proposer best suited to support project, develop the contractual document for County Board of Supervisor approval, and administer payments to vendor as contractually required The bid, contracting and payment processes will be done in accordance with Kern County Policies and Procedures.

Each Participating City will designate a knowledgeable representative to provide review and input for development of the Request for Bid document, to serve on the Selection Committee to evaluate all proposals received by County for this project.

Each Participating City will designate a knowledgeable point of contact to coordinate input, review and comment as needed by the selected consultant to support the project objectives.

Each Participating City will conduct final review and acceptance of plan document on behalf of the City.

Each Participating City will advise County of acceptance of plan deliverable to support County administration of payment to selected consultant.

1. INDEMNITY City agrees to indemnity, defend and hold harmless County and County's agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives (collectively, the "County Representatives") from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgements, costs, fines and expenses (including, but not limited to reasonable attorneys' fees, costs of staff time, and investigation costs) of whatever kind or nature (collectively, the "Claims"), which arise out of or are in any way connected with the City's use of the updated Emergency Operations Plan and any act or omission of the City or City's officers, agents, employees, independent contractors, sub-contractors of any tier, law enforcement partners or authorized representatives arising out of, connected with, or caused by the use of the updated Emergency Operations Plan. \A/ithout limiting the generality of the foregoing, the same shall include injury or death to any person or persons, damage to any property, regardless of where located, including the property of County, and any workers' compensation claim or suit arising from or connected with the above referenced use of the subject updated Emergency Operations Plan performed pursuant to this Agreement by or on behalf of the City or City's officers, agents, employees, independent contractors, sub-contractors of any tier, law enforcement partners or authorized representatives. Notwithstanding the foregoing, City shall have no obligation to indemnify, defend, or hold harmless, County or County's Representatives for any Claims arising out of or in any way connected with the Competitive Bid Process or the County's administration of same.

2. SELF INSURANCE City self-insures as a matter of norma! business

a
practice, and will continue to self-insure for the term of this Agreement in at least the minimum amounts necessary to meet reasonable risks. City shall forward documentation to the County that demonstrates that the City self-insures as a matter of normal business practice before receiving any equipment purchased with the Grant Funds.

3. AMENDMENT. The provisions of this Agreement may be modified only by mutual agreement of the parties. No modification shall be binding unless it is in writing and signed by the Party against whom enforcement of the modification is sought.

4. COMPLIANCE WITH LAW. The Parties shall observe and comply with all applicable local, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted.

5. SIGNATURE AUTHORITY. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been fully authorized and empowered to enter into this Agreement.

6. INDEPENDENT CONTRAGTORS. ln the performance of the services under this Agreement, the Parties shall be, and acknowledge that they are in fact and law, independent contractors and not agents or employees of the other. Each has, and shall retain, the right to exercise full supervision and control over the manner and methods of providing services under this Agreement. Each retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting in the provision of services under this Agreement and shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, state or local, and compliance with any and all other laws regulating employment.

7. GAPTIONS. The captions appearing in this Agreement are for convenience only, are not part of this Agreement, and shall not be considered in interpreting this Agreement

8. NOTICES. 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 when faxed or when sent by electronic mail ("email") or when deposited in the United States mail, postage prepaid, first class, faxed or addressed as follows: lf to City, City Manager, 115 South Robinson Street, Tehachapi, California 93561, Fax (661) 822-2197, [email protected]; or if to Consultant, Fax
Email Any party may change its address or fax
number by giving notice to the other party in the manner herein described.