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, AUGUST 21, 2023 - 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
1. City Council Appointment – District 2 – APPOINT ONE MEMBER TO THE TEHACHAPI CITY COUNCIL TO COMPLETE A TERM TO EXPIRE FOLLOWING THE CERTIFICATION OF THE NOVEMBER 2024 ELECTION
2. Swearing in of newly appointed council member
Brief recess to seat new council member.
CONSENT AGENDA
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.
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, AUGUST 21, 2023 - 6:00 P.M. - PG. 2
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.
3. Public comment
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. 39-23
Tehachapi City Council Unassigned Ord. No. 23-03-775
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 02-23 Tehachapi Public Financing Authority Unassigned Res. No. 01-23 * 4. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on August 7, 2023 – APPROVE AND FILE
* 5. Special Event Application for the Tehachapi Heritage League’s Kid’s Day at the Museum –APPROVE THE TEHACHAPI HERITAGE LEAGUES KID’S DAY AT THE MUSEUM SPECIAL EVENT APPLICATION AND
ASSOCIATED STREET CLOSURES, SUBJECT TO STAFF CONDITIONS, CITY MANAGER, AND CITY
ATTORNEY APPROVAL
FINANCE DIRECTOR REPORTS
* 6. Disbursements and bills for August 3, 2023 through August 16, 2023 - AUTHORIZE PAYMENTS
7. RSI Disbursements and bills for August 3, 2023 through August 16, 2023 – AUTHORIZE PAYMENTS * 8. City of Tehachapi Investment Report through July 2023 – RECEIVE REPORT
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, AUGUST 21, 2023 - 6:00 P.M. - PG. 3
PUBLIC WORKS DIRECTOR REPORTS
9. Industrial Waste Discharge and Fats, Oils, and Grease Control Program - APPROVE THE PROPOSAL
FROM WALLACE GROUP FOR INDUSTRIAL WASTE DISCHARGE (IWD) AND FATS, OILS, AND GREASE (FOG) CONTROL PROGRAM ASSISTANCE FOR THE AMOUNT OF $49,520 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT OR $4,952
DEVELOPMENT SERVICES DIRECTOR REPORTS
10. Valley Boulevard Recreational Park – Bid Award – AWARD THE VALLEY BOULEVARD RECREATIONAL PARK TO JTS CONSTRUCTION IN THE AMOUNT OF $2,155,570 (BASE BID + BID ALTERNATE 1) AND
AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 5% OF THE ORIGINAL CONTRACT (OR $107,809)
11. 23-24 Grind and Overlay of D, E, F, and Pauley Streets and the Northside Alleyways – AWARD THE
GRIND AND OVERLAY OF D, E, F, AND PAULEY STREETS AND THE NORTHSIDE ALLEYWAYS TO GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $877,702 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 5% OF THE CONSTRUCTION COST OR $43,885
12. Annexation No. 3 into Community Facilities District No. 2017-1 (Public Services) – ADOPT A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA DECLARING ITS
INTENTION TO ANNEX TERRITORY (PINON-CURRY CONDOMINIUMS) TO A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF TEHACHAPI COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 3
CITY MANAGER REPORTS
13. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
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, AUGUST 21, 2023 - 6:00 P.M. - PG. 4
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of § 54956.9: (One potential case)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of Subdivision (d) of § 54956.9
Southern California Edison v. State Board of Equalization et al
ADJOURNMENT
TEHACHAPI
COUNCIL REPORTS
MEETING DATE: AUGUST 2L,2023 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT H
CITY MANAGE
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHTEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: AUGUST T4,2O2'
SUBJECT: CITY COUNCIL APPOINTMENT
The City Clerk's office published two notices and received two applications from Jeanette Pauer and Denise Madden, both verified residents and registered voters of District 2.
APPOINT ONE MEMBER TO THE TEHACHAPI CITY COUNCIL TO COMPLETE A TERM TO EXPIRE FOTLOWING THE CERTIFICATION OF THE NOVEMBER 2024 ETECTION
CITY OF
CALIFORNIA
BACKGROUND
With the resignation of Councilmember Keith Sachewitz on June 26,2023, a vacancy for the District 2 City Council seat was created. Mr. Sackewitz's term was set to exprire following the certification of the November 2024 election. As the vacancy occurred in the second half ofthe 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. During the June 29,2023 City Council meetingthe Council directed staffto publish a notice of appointmentto the position.
RECOMMENDATION
(66 r ) 822-2200
Fax: (66]) 822-8559 TEHACHAPI 'l 15 South Robinson Street Tehachapi, CA 9356t-1722
www.tehacha picityha I l.com CALIFORNIA
Live Up
APPLICATION FOR APPOINTMENT
q\rt\t,
APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCIL MEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT Submit Application To: City Clerk's Office
I 1 5 South Robinson Street
fehachapi, CA 93561 Name Jeanette Marie Pauer
ES No
Registered Voter Eril IrIn
OFFICE USE ONLY
City Resident:
Address 902 Cathy Lane
City Tehachapi State CA Zip Code glsOr
Phone Number 6612388177 Fax Number
Email [email protected]
Position(s) Sought (List in order of preference)
'I
. Councilmember District 2
2. 3.
4. Occupation President
Business Name Greater Tehachapi Chamber of Commerce
Address 209 E Tehachapi Blvd
City Tehachapi State CA
Phone Number 661 82241 80
Education - List schools attended and/or graduated, as well as degree(s) Zip Code g:S6i
Fax Number
raduate Certificati on in Real Estate Designation, National Association of Reahors 2020 ry Relocation Certification, National Association of Realtors, 20.l6 alifornia Real Estate License, California Department of Real Estate, 2015 .ertificate in Restoration of Mosaics, sculo Mosaic de spilimbergo, ltaly 2005 of Fine Arts, Ohio State University 1993
Other special training or experience:
the P res dent ofthe cham ber of Com merce, h ave had the U n para € Ied expe r en ce of be ng a prom oter a nd advo cate for loc a I bu5 Inesses. l have coordI nated laroe com m unity events, cJ ro membe rsh p, and deve loped ed ucational pro9 ra ms that as5 lsted the com m un ty n Irowth
Prevlous and present governmental and clvlc experlence. Indlcatewhen, position, and duties:
2022-2023 Soard Member of the Tehachapl Arts Commlsslon 2013{urrent, Member of the lnternational Rotary
Please explaih why you wish to serve on a Eoard/Commlsslon for the City ofTehachapl:
nt to serve my com m U nity and en5ure Its futu re As a cou nct me mber I wou ld be a ded cated pubI c servant rking for the m mun ty' s Interests an d m provrn9 a nd protecti ng Teha chapl' s re5 dents' qua lity of life, My experi ences as a bu5l nes5 advocate, robIem solver and comm unity tialson provide me with the skl 5 needed to make dec 5 on5 that IAnge from zont ns re9 u lations to
budget a ocations, Every declslon a counctI member makes carn weight a nd affects the lves of the commun ty It's C rucla to Pproach the5e dEC Istons whh thou Ihtfu ness/ cons deII n9 both short-term benefits a nd long-term CO nse q uences beI eve have the und rstand n9, compass Ion and know edge that wou d a me to be a Ireat cou nct memb r Do you have any interests or assoclations that might present a conflict of interest? Yes r-i lf yes, please explain below, No 18 Please attach your resume and any additlonal informatlon or statements that you feelwould be helpful In revlewing your qualifications
AUTHORIZATION AND RELEASE
I understand that in connection with this applicaflon for appointmenL the information contained herein will be made avalhble to the general public upon request.
Signature FieId Date/Tlme Field tI L
NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act
JEANETE PAUER, GRI
PROFESSIONAL PROFILE
. 2022-Present President at Greater Tehachapi Chamber ofCorlmerce . 2018 -2020 Sales Manager at Coldwell Banker Best Realty, Tehachapi CA o 2018 Top Selling Volume Agent at Coldwell Banker Best Realty, Tehachapi CA o 2O12'2014 Assistant Deputy Director of SHUMLA Archeological Research and Education Center, Comstock TX
PROFESSIONAL SKILLS
r Adept in analysis, contract drafting, negotiations, and conflict resolution o Organized manager of complex multifaceted business.
. Positive leader with strong communication skilts
r Advocate and connected member of the community
. Current with the latest marketing strategies and software o Created and executed a CRM system for organization growth and accounting
EDUCATION
Graduate Certification in Real Estate Designation, National Association of Realtors 2020 Military Relocation Certification, National Association of Realtors, 201 6 California Real Estate License, Califomia Department of Real Estate, 2015.
Certificate in Restoration of Mosaics, Sculo Mosaic de Spilimbergo ltaly, 2005 Bachelon of Fine Arts, Ohio State University 1993
a
a
SUMIVIARY
Looking to utilize my existing skill and serve my community and ensure its future. As a council member, I would be a dedicated public servant working for the community,s interests and improving and protecting Tehachapi's residents' quality of life. My expe.i-"n.". u, a business advocate, problem solver, and community liaison provide me withthe;kills needed to make decisions that range from zoning regulations to budget allocatrons. Every decision a council member makes carries weight and affects the lives of the community. It,i crucial to approach these decisions with thoughtfulness, considering both short-term benefits and long+erm consequences. I believe I have the understanding, compassion and knowledge that would allow me to be a great council member.
(66 I )238-8177 cell
oauerjeanette(dslnail.com
(6611 822-2200
Fax: (661) 822-8559 TEHACHAPI 115 South Robinson Street Tehachapi, CA 93561-1722
CALIFORNIA www.tehachapicityhal l.com
ITECEIVED
JUU2{ 2U23
I
City ofTehachapi
Live Up
APPLICATION FOR APPOINTMENT
?b
?gislt'rul
APPLTCANTS ARE ENCOURAGED TO CONTACT EACH COUNCIL MEMBER TO COMMUNICATE THEIR INTENEST FOR Submit Application To: City Clerk's Office
1 1 5 South Robinson Street
Tehachapi, CA 93561
Name Denise Madden
*u)
APPOINTMENT.
K v"t
l- t',to
OFFICE USE ONLY
City Resident:
Address 920 Carolyn Lane
City Tehachapi State CA Zip Code g:SOt
Phone Number 6619726620 Fax Number
Email deniselt6tvine.org
Position(s) Sought: (List in order of preference)
1. City Council Vacancy-District 2
2 3
4 Occupation Administrative Assistant
Business Name TehachapiVineyard Church
Address 502 pinon Street
City Tehachapi State CA Zip Code g:SOt
Phone Number Fax Number
Education - List schools attended and/or graduated, as well as degree(s):
Page I of2
Antelope Valley High School- Diploma
6618229313
Other special training or experience
I lead a group called #LoveTehachapi we go into the city and spread joy and acts of kindness throughout Tehachapi.
Previous and present governmental and civic experience. lndicate when, position, and duties N/A
Please explain why you wish to serve on a Board/Commission for the City ofTehachapi:
I have been a resident of the City of Tehachapi for 20 years, I serve in several compassion in action areas through the city. I would love to serve in this way.
Do you have a ny interests or associations that m ig ht present a conflict of interg5lz Yes. lf yes, pleareexplain below. t'lo X Please attach your resume and any additional information or statements that you feel would be helpful in reviewing your qualifications
AUTHORIZATION AND RELEASE
I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request.
Signature Field Date/Time Field 1 L3 .Lrl
NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act
I
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, AUGUST 7, 2023 – 6:00 P.M.
NOTE: Wi, Sm, Da, and Po are abbreviations for Council Members Wiggins, Smith, Davies, and Pogon-Cord, respectively. For example, Wi/Sm denotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.
ACTION TAKEN
CALL TO ORDER
Meeting called to order by Mayor Davies at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Smith, and Councilmember Wiggins
Absent: None, Vacancy (1)
INVOCATION
Led by Father Gregory Beaumont – St. Malachy Catholic Church
PLEDGE TO THE FLAG
Led by Councilmember Wiggins
POLICE CHIEF REPORTS
1. Police Chief Standridge and Mayor Davies to present a commendation letter and certificate of appreciation to acting Lieutenant Jason Dunham - PRESENTATION CONSENT AGENDA Approved
Sm/Wi Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
2. Public comment
CITY CLERK REPORTS
Tehachapi City Council Regular Meeting – August 7, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN * 3. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on July 17, 2023 – APPROVED AND FILED Approved And Filed
Sm/Wi Ayes All
* 4. Disposition of Property – ADOPTED RESOLUTION NO. 39-23 AUTHORIZING THE
DISPOSITION OF CITY OWNED PROPERTY
Adopted Resolution No. 39-23
Authorizing The Disposition Of
City Owned Property
Sm/Wi Ayes All
* 5. Destruction of records – ADOPTED RESOLUTION NO. 40-23 AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS, SUBJECT TO APPROVAL BY THE CITY
CLERK AND CITY ATTORNEY
Adopted Resolution No. 40-23
Authorizing The Destruction Of
Certain City Records, Subject To
Approval By The City Clerk And
City Attorney
Sm/Wi Ayes All
FINANCE DIRECTOR REPORTS
* 6. Disbursements and bills for July 12, 2023 through August 2, 2023 - AUTHORIZED
PAYMENTS
Authorized Payments
Sm/Wi Ayes All
7. RSI Disbursements and bills for July 12, 2023 through August 2, 2023 –
AUTHORIZED PAYMENTS
Mayor Davies Recused Himself
Due To A Potential Conflict. He
Is An Employee Of RSI.
Authorized Payments
Sm/Wi Motion Carried
Abd Da
* 8. Authorize Federal Funding under FTA Section 5311 with California Department of Transportation – ADOPTED RESOLUTION NO. 41-23 AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 USC SECTION 5311) WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND REPEALING RESOLUTION NUMBER 44-20
Adopted Resolution No. 41-23
Authorizing The Federal Funding
Under Fta Section 5311 (49 Usc
Section 5311) With The California
Department Of Transportation
And Repealing Resolution
Number 44-20
Sm/Wi Ayes All
* 9. Title VI Plan for Dial-A-Ride – ADOPTEDRESOLUTION NO. 42-23 AUTHORIZING
THE AMENDED TITLE VI PROGRAM PLAN IN ORDER TO MEET FEDERAL REQUIREMENTS AND REPEALING RESOLUTION NUMBER 45-20
Adopted Resolution No. 42-23
Authorizing The Amended Title
Vi Program Plan In Order To
Meet Federal Requirements And
Repealing Resolution Number
45-20
Sm/Wi Ayes All
COMMUNITY ENGAGEMENT REPORTS
10. City of Tehachapi receives donation of park benches from Canvus –
INFORMATION ONLY
AIRPORT MANAGER REPORTS
11. FAA Grant Agreements for the Relocation and Reconstruction of the South-side Parallel Taxiway Phase II Construction Project at the Tehachapi Municipal Airport and Resolution as required by CalTrans – AIRPORT MANAGER ASHLEY WHITMORE GAVE STAFF REPORT; APPROVED GRANT AGREEMENTS 3-06- 0253-022-2023, 3-06-0253-023-2023, AND 3-06-0253-024-2023 BETWEEN THE Approved Grant Agreements 3-
06-0253-022-2023, 3-06-0253-
023-2023, And 3-06-0253-024-
2023 Between The City Of
Tehachapi And The Federal
Aviation Administration For The
Rehabilitation And Relocation Of
Tehachapi City Council Regular Meeting – August 7, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
CITY OF TEHACHAPI AND THE FEDERAL AVIATION ADMINISTRATION FOR THE
REHABILITATION AND RELOCATION OF THE SOUTH-SIDE PARALLEL AND
CONNECTING TAXIWAYS, INCLUDING AIRFIELD DRAINAGE IMPROVEMENTS (PHASE II CONSTRUCTION), AND AUTHORIZED THE CITY MANAGER AND CITY ATTORNEY TO SIGN; ADOPTED RESOLUTION NO. 43-23 AUTHORIZING THE
SUBMITTAL OF THREE APPLICATIONS, ACCEPTANCE OF AN ALLOCATION OF
FUNDS AND EXECUTION OF GRANT AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION, FOR AIRPORT IMPROVEMENT
PROGRAM (AIP) MATCHING GRANTS
The South-Side Parallel And
Connecting Taxiways, Including
Airfield Drainage Improvements
(Phase Ii Construction), And
Authorized The City Manager
And City Attorney To Sign;
Adopted Resolution No. 43-23
Authorizing The Submittal Of
Three Applications, Acceptance
Of An Allocation Of Funds And
Execution Of Grant Agreements
With The California Department
Of Transportation, For Airport
Improvement Program (Aip)
Matching Grants
Wi/Po Ayes All
CITY ATTORNEY REPORTS
* 12. The Annual City Attorney’s Conference sponsored by the League of California Cities is being held on September 20-22. The city attorney attends this conference each year to obtain the latest information on the changes in the law, approaches taken by other cities with regard to common issues that each city must address, and for networking with other city attorneys and legal staff. Attendance at these conferences ensures that the city stays up to date on the latest legislation and programs that affect the city. The city attorney shares with the cost with one other city. – AUTHORIZED THE CITY ATTORNEY TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ATTORNEY’S CONFERENCE ON SEPTEMBER 20-22, 2023AT A COST TO THE CITY FOR REGISTRATION, LODGING, AND EXPENSES OF $502.00
Authorized The City Attorney To
Attend The League Of California
Cities Attorney’s Conference On
September 20-22, 2023 At A Cost
To The City For Registration,
Lodging, And Expenses Of
$502.00
Sm/Wi Ayes All
CITY MANAGER REPORTS
13. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed Session minutes of July 17, 2023 meeting – APPROVED AND FILED Approved And Filed Wi/Sm Ayes All
2. 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
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: (One potential case)
No Reportable Action
ADJOURNMENT
Tehachapi City Council Regular Meeting – August 7, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN The City Council/Boards adjourned at 6:28 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, August 21, 2023 at 6:00 pm.
Adjourned At 6:28 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 21st day
of August 2023.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
TEHACHAPI
FORNIA
COUNCIL REPORTS
MEETING DATE: AUGUST 21,2023 AGENDA SECTION: CIW CLERK
APPROVED
DEPARTMENT HE
CITY MANAGE
TO HONORABTE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHTEY WHITMORE, GENERAT SERVICES DIRECTOR
AUGUST 9, 2023
SUBJECT: SPECIAL EVENT APPLICATION - KIDS DAY AT THE MUSEUM
APPTICANT AND ORGANIZATION
Dixie Coutant- Tehachapi Heritage LeaBue
EVENT DESCRIPTION
Kids day at the museum encourages children and families to come down to participate in activities and demonstrations involving history. This event is put on by the Tehachapi Heritage League.
APPLICANT REQUESTS
a Closure of Green Street from D Street to E Street from 8am to 6pm on Sunday, September 17 ,2023.
STAFF CONDITIONS
Administration:
1. Event applicant will be responsible for making sure city property is properly cleaned after the close of the event.
Any items set-up by the applicant must be removed immediately following the close of the event.
RECOMMENDATION
APPROVE THE I(IDS DAY AT THE MUSEUM SPECIAT EVENT APPTICATION AND ASSOCIATED STREET CLOSURES
SUBJECT TO STAFF CONDITIONS, CIW MANAGER AND CIW ATTORNEY APPROVAT 2 CITY OF
DATE:
TEHACHAPI City of Tehachapi
Special Event Application
Applicant lnformation
Name Dixre Coutant
Sponsori ng Organization Tehachapi Heritage League
Street Address 21181 Old Town Rd
City, State, Zip Code Tehachapi, CA 93561
Day Phone 661 -599-1 889
626-353-1 522
E-mailAddress [email protected]
Contact Person "on-site"
day of and mobile number
Dixie Coutant. 661-599-1889 or 626-353-1522
Event lnformation
Event Title Krds Day at the Museum
Event Date Sunday, September 17. 2023
Event Location Green Street between E Street and D Street Event Hours Start: Noon End: 4pm
Set Up Date: ogl17t2o23 Time: 8:30 am
Break Down Date: 09t1712023 Time: 4 pm
Clean up finalized Date: Ogl17l2O23 Time: 6pm
Person Responsible for clean up Dixie Coutant Mobile f: 661-599-1889 Estimated Event Attendance: 200
ls this event an annual event? Yes
ls this event open to the Public? Yes
ls this event for money raising purposes no
lf yes, what will proceeds be used for?
Overall Event Description
Explain the event and activities in detai!: For events longer than two days, please submit a daily agenda with specific times and locations.
Actrvities and demonstrations to involve kids with history. rncluding, butter making, quilt makrng, Nattve American crafts. animal husbandry, responsible pet ownershtp. etc.
Mobile Phone
Parade/Street Closure lnformation
Street Closure Start Time: 8 am End Time: 6pm
Names of Streets to be Closed
Green Street Between D Street And E Street
Between And
Between And
Map of event MUST be included.
The event holder is responsible for animal waste cleanup after the parade or petting zoo.
Tehachapi Police Department may require traffic contro! andlor crossing guards.
Entertainment lnformation
Willyour event have a DJ or live music? no
Number of stages
Start time: Finish Time:
Will you have inflatables at the event? no
Name of lnflatable Vendor and Contact lnformation
Will a drone be used at your event?
(Please see FAA Regulations)
no
Security lnformation
Will you hire a private security company? no
lf yes, please provide the name of the company and the schedule Please Note: The Tehachapi Police Department will review your special event application to make a final determination as to the number of officers, vehicles, and/or equipment you will be required to have in order to make sure your event is conducted safely.
Potable Water and
Restrooms
Will your event require potable water (use of a hydrant meter)? (Hydrant meter application and deposit may be Please specify location
required.) no
Do you plan to provide portable restroom facilities at your event? no (may be required based on size of event)
lf yes, what is the name of the company you will be using? no lf no, please describe plan
Restroom set up date:
Restroom date:
Number of ADA accessible toilets
Number of hand sinks:
Total number of toilets
Sanitation and Recycling
The applicant is responsible for leaving the venue clean and clear of debris. Please describe the plan for cleanup and removal of waste, recyclable goods and garbage during and after the event. Failure to comply will result in the 5200.00 deposit being forfeited.
SanitationCompany: N/A
Equipment set up date:
Equipment pickup date
Number or recycling containers:
Number of dumpsters:
Other, please specify your plan We will have trash cans in several locations. Trash will be pul into our usual trash containers at the Errea House and the Hetitage Museum.
Food/Beve ndor lnformation
Describe how you will ensure that alcoholic beverages will be consumed only by people 21 years or older:
Circle sold/served Beer/Wine Liquor type of alcohol bei Alcoholic Time (from): Time (to): bevera8es will be sold/served Does your event involve the sale or consumption of alcoholic beverages? no lf yes, an ABC event permit may be required. Contact ABC at (661) 395-2731 or www.abc.ca.sov for tha application process. The permit issued by ABC must be displayed during the time alcoholic beverages will be sold and a copy will be required for City apProval.
Will your event have Food Vendors?
How many food vendors?
lf yes, a Health permit is required. Contact Kern County Environmental Health Department at (561) 862-8740 or www.kernpublichealth.com for the application process. A copy of the Health Permit will be required for City approval.
Will there be merchandise vendors at your event? no
How many vendors?
* Please provide a list of vendors including vendor name, type of vendor, phone number, address, and sellers permit number.
. A copy of the vendor's insurance certificate is required. Vendors may obtain insurance for the event at HUB lnsurance w ntinsure.com
'There is a 55.00 charge per vendor, payable by the event applicant Number of trash cans:
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TEHACHAPI
INDEMN!FICATION
Applicant hereby agrees to indemnify, defend, and hold harmless the City its Councilpersons, Boards, Commissions, Officers, and Agents from any and all claims, demands, suits, judgements, liability, damages, costs, and expenses arising out of or related to applicant's use or occupation of City's streets or facilities including, without limitation, any of the foregoing relating to the spread of the Coronavirus or its variants at the applicant's function, any of the foregoing relating to quarantining, hospitalization, or death from same, and including but not limited to, any act or omission to act on the part of City, its Councilpersons, Boards, Commissions, Officers, Employees or Agents, whether active or passive.
Applicant Date 0
lncomplete, illegible, and/or unsigned applications will not be accepted. Submission of a Special Event Application constitutes a request to use City property for the purpose of an event and does not guarantee event approval.
r I understand that if I am utilizing a city-owned facility I am responsible to clean the above requested facility, by removing all rubbish, debris, etc., and restore the grounds/facility back to a clean and orderly condition. I further understand I will be required to pay a 5200 deposit, at the cities discretion, for cleanup of the grounds/facility, and upon inspection of the groundslfacility, the deposit, may be fully or partially refunded, depending upon the condition the facility is teft in by the user. . lf any department within the City feels extra costs will be incurred, the applicant will be responsible for paying these fees. .
Applicable overtime rate may apply if a Public Works employee is called out for event. o Event organizer is responsible for electrical needs. "Quiet Generators Only" . I understand that power will not be available unless pre-arranged. A fee may be charged at the cities discretion. r l, the undersigned, have read the above statements, general regulations and insurance requirements attached to this contract, and understand them and agree fully.
COVID.19 CONDITIONS
"You are required to comply with the latest Covid-19 Guidelines issued by the State of California, the Kern County Public Health Department to the extent its guidelines exceed those of the state, and the Center for Disease Control to the extent its guidelines exceed those of the state. Attached are the latest guidelines available. You must monitor the Covid-19 websites for the state, the Kern County Department of Public Health Department, and the Center for Disease Control to determine any updates to the foregoing guidelines and comply with those updates." Applicant Signature ro @e
Ge-----)
TEHACHAPI
CITY OF TEHACHAPI
EqUIPMENT USE APPLICATION
SIGNATURE
PRINT NAME: DIXI COr)rrrUT*
TBIA&JAP| HER TA6€ tEp6ue ORGANIZATION
corurncrglxie. &tr*aruf, di I ix @ . cafn
EMAIL ADD
KIDS DArl AT IU€ /r\UsEl,rrn
EVENT NAME:
3@ E,ls K/lGne6.l SIEVENT TION
EVENT DATE(S)
t7 707 EVENT TIME(S}: rrlbiSp lo 4 rn
EQUIPMENT REQUESTED:
QUANTITY
3U q Deru:ees +
NO aRKlr6 SIGL)S -?rf orr 44, sEPf. t5,Zoz5
&+1 o F An+q-8, en (\e.. dtsploAd $onl
EVENT ESSAGE DISPLAY: imit 3 lines 8 characters line includ ) Ktps Deq
WO SLK
So 6Reru
Please note: Acceptance ol a request in no \,iray guarantees that the announcement will appear on the sign as the City reserves the right to use of the signs for emergency purposes.
Date Display Start rime: &:$ End Time: 4,@
, ss7E,'T/0/pOA3
3 rrEM(S):
fr base so"6R{n) A rn q, ry\ 9\egr, t7
Accounts Payable
Checks by Date - Detail by Vendor Number
CITY OF
User:
Printed:
afrescas
8/16/2023 r:49 PM
CheckNo Vendor No
Invoice No
0524
2824E
ACH 2893
A-3836
Check Amount
35.54 35.54
550.00
ACH 2963
20318736
3680
42-t5E2432
3'174
c155475
ct55416
ACH 3855
00568321
00568321 A
00568321-B
AT&T
PD/911 July 2022-July 2023
835.97
5,494.'t5
ACH
s 494.'t5
600.00
590.00
1,190.00
609.00
88.00 I,134.00
TEHACHAPI
CALIFORNIA
Vendor Nrme
Scotts Auto Body Inc.
PD,^r'ehicle Paint Repair TE-40
Total for this ACH Check for Vendor 0524:
Total for Vendor 0524 (Scotts Auto Body Inc.):
Cardmember Service
Facebook/Dial A Ride Social Media Campaign
Totel for this ACH Check foi Vendor 2893:
Total for Vendor 2893 (Cardmember Servic€):
Toral for this ACH Chcck for Vendor 2963:
Total for Vendor 2963 (AT&T):
Vortex Industries Inc.
Air/Gi€en St Gate Prevenhtive Maintenance
Total for this ACH Check for Vendor 3680:
Total for Vendor 3680 (Vortex Industries Inc.):
Tri Sigml Integratiotr Inc
PD/Servic€ Inspection
PD/Sprinkler lnspection
Total for this ACH Chock for Vendor 3774:
Total for Vendor 37?4 (Tri Signal Integration Inc):
Certral Vall€y Occupational Med Grp
PwPrc-Plac€m€nt Physical Exan/Jun€ 2023
DsD/h€-Placehent Physical Exar/June 2023
PD/Pre-Placement Physical Exan une 2023
1,190.00
1,831.00
AP Checks by Date - D€tail by Vendor Numb€r (8/16/2023 l:49PM) Total for this ACH Check for Vendor 3855:
Page I
Check No Vendor No
Invoice No
ACH 4011
CG3 l 732-8827
ACH 4389
243647540
243647540-A
243647540-B
ACH 4647
13837575
ACH 4705
R23102-02
R23102-R
Vendor Name
Description
Check Date
Reference
Total for Vendor 3855 (Central Valley Occupational Med Grp):
Babcock Laboratories, Inc.
Swt/ WWTP Weekly Samples/June 2023
Total for this ACH Check for Vendor 4011:
Total for Vendor 4011 (Babcock Laboratories, Inc.):
Orkin
PW/Pest Control #33712203
Wtr/Pest Control #33712203
Swr/Pest Control #33712203
U.S. Bank
Total for this ACH Check for Vendor 4389:
Total for Vendor 4389 (Orkin):
Fin/Investment Account Admin Fee/June 2023
VSS International Inc.
SBI Surfact Treatment
SB! Surfact Treatment
Total for this ACH Check for Vendor 4647:
Total for Vendor 4647 (U.S. Bank):
Total for this ACH Check for Vendor 4705:
Total for Vendor 4705 (VSS International Inc.):
Report Total (10 checks):
AP Checks by Date - Detail by Vendor Number (8/16 /2023 I :49 PM) Check Amount
1,831.00
1,417.08
1,417.08
1,417.08
95.00 47.50
47.50 190.00
190.00
434.66
434.66
434.66
252,768.35
15,487.45
268,255.80
268,255.80
280,234.80
Page2
Accounts Pavable
Checks by Date - Detail by Vendor Number
User
Printed:
afiescas
8116/2023 l:23 PM
CITY OF
TEHACHAPI
CAL ORNiA
CheckNo Vendor No
Invoice No
ACH 0061
AGl7006
AGl73l4
AGl77t5
AG17823
8SK107499
0155
8-212-8l'? 1
ACH 0182
8414
0300
519771055
5t97',7 tO56
Vendor Name
BSK Associates
Wtr/Curry Site Weekly Nit ate Samples
Wtr/Drinking Water Samples
Wtr/Drinking Water Samples
Wtr/Drinking Watd Sampl€s
Retum Check #107499 CR#654569/Check Shou
Total for this ACH Check for Vendor 006 I :
Total for vendor 0061 (BSK Associates):
FedEx
Fin4Bank Loan Payment Ov€might D€livery
Total for this ACH Check for Vendor 01 5 5:
Total for V€ndor 0155 (FedEx):
CheckAmount
30.00 91.00
30.00 9r.00
4,556.50
4,798.50
4,798.50
63.23 P&I Electric Inc.
Swr/HeadworkFond I 3/Borrow Pit 743.12
Total for this ACH Check for Vendor 0182:
Total for Vendor 0182 (P&J Electric Inc.):
Mission Linen & Uniform Service
PW,f Lin€n Maintenance/Mats
WWTP Mats
Total for dris ACH Check for Vendor 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
The Gas Company
Polic€ Dept #12851696026/Jul l3-Aug 1l 2023
Airport #01091699981dul 13-Aug 1l 2023
Visitor C€nter # 10561 664 466lrd 13-Are ll 202
Annex #00881?020054u1 l3-Aug ll 2023
Total for this ACH Check for Vendor 0395:
Total for Vendor 0395 (The Gas Company):
Greater Tehachapi Chamber of Commerce
743.t2
250.'70
34.t3
284.83
ACH 0395
scG8152023
scG8152023-A
scG8152023-B
scG8152023-C
284.83
119.31
21.18 14.30
l8l.14
181.14
ACH 0424
AP Checks by Date - Detail by Vendor Number (811612023 l:23 PM) Page I Check No Vendor No
Invoice No
Vendor Nrme Check D.te
Refercnce
CheckAmount
GTCCEE2O23 Staffmg Assistanc€
Total for this ACH Check for Vendor 0424:
Total for Vendor M24 (Greater Tehachapi Chamber of Commerce):
Tehachapi-Cummings County Water Distri(
Pennzoil QMker Stale tardscapdJuly 2023
Honway Landscap€y'July 2023
Waste Mgmt Landscapeduly 2023
TUSD Ladscape/July 2021
Warior Park LandscapdJuly 2023
COT Laidscap€ uly 2023
COT Median tan(lscapdJl y 2023
TUSD DN2 LandscapdJuly 2023
TUSD DN4 t andscape/July 2023
TUSD DN6 LandscapdJuly 2023
TUSD DN8 Lardscape/July 2023
Steuber Landscap€duly 2023
Total for this ACH Check for Vendor 0426:
Total for Vendor 0426 (Tehachapi-Cummings Courty Water District):
Tehachapi News
CClvacancy
Total for lhis ACH Chcck for Vendor 043 I :
Total fo! Vendor 0431 (Tehachapi News):
WITTS Everything for the Office
Gc/Highlighters/Cash Reg & Add Mach Rolls
Fin/N€w FY2023-24 File Folden
Comrn/Ofrc€ Fumiture
Total for this ACH Check for Vcndor 0476:
Total for Vendor M76 (WITTS Everything for the Office):
Kern Machinery
PWE-200 Bolts
Total for rhis ACH Check for Vendor 0560:
Tot l for Vendor 0560 (Kem Machinery):
35,000.00
3s,000.00
ACH 0/.26
08M2023
08(X2023-A
08042023-B
08u2023-C
0EM2023-D
08M2023-E
08042023-F
08042023-G
08042023-H
08042023-I
08042023J
04042023-K
35,000.00
856.29
63.1I
161.47
4.50 1,491.59
|,352.17
44.76 1,877.03
|,208.4?
1,305.74
1,090.01
59.52 9,520.66
ACH 0431
0723tO9024
9,520.66
97.00 97.00
ACH 0/.76
323189
324635
325459
97.00 63.95
115.94
4,832.03
5,011.92
5,011.92
93.17 ACH 0560
l0l-1082268
ACH 0745
1537318
Jirn Burke Ford
PW,4r'-32 Door Latch
93.t1
93.t7
r30.14
Total for this ACH Check for Vendor 0745:
Total for Vendor 0745 (Jim Burke Ford):
130.14
130.14
AP Checks by Date - Detail by Vendor Number (8/16/2023 l:23 PlvI], Page 2 Check No V€ndor No
Invoice No
Vendor Name Check Dste
Reference
Check Amount
ACH 0832
0700255
0700255-A
070025s'B
0?00255-c
ACWA-/JPIA
Mcdical Isurance Premium & Adjustment
Medical lsurance Premium & Adjustment
Vision Isurance Premium & Adjustrnent
Life Isurafte Premiurn & Adjustm€nt
Total for this ACH Check for Vendor 0832:
Total for Vendor 0832 (ACWA|PIA):
Three-Way Chewolet
PW,4/-22 S€at B€lt
Total for this ACH Check for Vendor 1085:
Total for Vendor 1085 (Three-Way Chewolet):
M&M's Sports Uniforms & Embrcidery
Wtrruniforms - Shirttsweatcrs
S*Truniforms - Shi(Vsweaters
Pwruniforms - Shirts/Sw€aters
PD/Dispatch Uniform
PD/Dispatch Unifom
PD/Chief Hat
Total for this ACH Check for Vendor I 286:
Total for Vendor 1286 (M&M's Sports Uniforms & Embroidery):
Business Aviation Insurance
Gen Aviation Airpon Ins. Policy #AP-003790781
Total for this AcH Check for Vendor 2071:
Total for Vendor 2071 (Business Aviation Insurance):
NAPAAUIo Parts
Wtr/Wat€i G€n€rators
Tolal tor Lhis ACH Check lorVendor2lll:
Total for V€ndor 2l I I (NAPA Auto Parts):
DataProse [nc.
Refrutility Bills Printing
Wtrrutility Bills Printins
Swrrudlity Bills Printing
Refrutility Bills Postage
Wtrrutility Bills Postage
Swrrudlity Bills Postage
86,481.03
to,365.44
1,736.',t6
2,O82.96
100,666.19
ACH
ACH
100,666.19
17r.M
1085
52060CVW
1286
s6311
56317-A
56317-B
56400
56418
56430
2lll
l0l-1082268
t7 t.M
ACH
111.M
1,801 .97
1,807.97
1,807.98
566.52
653.02
105.87
6,',t49.33
ACH 2071
01346
6,749.33
10,450.00
10,450.00
10,450.00
468.48
468.48
ACH 24't8
DP2302963
DP2302963-A
DP2302963-B
DP2302963-C
DP2302963-D
DP2302963-E
468.48
190.M
t90.05
190.05
506.95
506.95
506.95
2,090.99
AP Checks by Dat€ - Detail by V€ndor Numb€r (8/16/2023 1.23 PM) Total for this AcH check for vendor 2478:
Ch€ck No Vendor No
Invoice No
Vendor Nrme Check Drte
Reference
CheckAmount
ACH 2871
52s443
2,090.99
2,91O.42
Total fo. Vendor 2478 (DataProse Inc.):
ProForce Law Enforcement
PD/Tactical Equipmsnt
Total for this ACH Check for Vendor 2871:
Total for Verdor 287 I (ProForce I-aw Enforcement):
Cardmember Service
PayPal - Accela Online Payment
Linkedlr/Annual Fee
Total for this ACH Check for Vendor 2893:
Total for Vendor 2893 (Cardmember Service):
AT&T
GG/City Hall Line I #9391006?12 Jul6Aug 5 :
S*r/WW TP Ofrce #939 100671 3 Jul 6-Aug 5 2(
RR Depot #9391006715 Jul 6-Aug 5 2023
Swr/Lift Stalion #9391006716 Jul6-Aug 5 2023
CG/City Hall Fax #9391006717 Jul 6-Aug 5 202
Air/AWOS #9391006718 Jul 6-Aug 5 2023
PWDSL Fax #9391006719 Jul6-Aug 5 2023
Air/Fuel Systcm #9391006720 Jul 6-Aug 5 2023
Auto Dal 1002 Applewood PurDp Stn #9391006'
Total for this ACH Check for Vendor 2963:
Iotal for Vendor 2963 (AI&T):
Kem County Animal Services
CvAnimal Conkol April - June 2023 Billing
Total for this ACH Chcck for Vondor 3093:
Total for Vendor 3093 (Kem County Animal Services):
Motorola Solutions Inc.
PD,Radio Maintenanc€
2,91O.42
ACH
2,9t0.a2
30.00 323.EE
2893
A-9715
B-8727
2963
20339380
20339381
20339382
20339383
20339384
20339385
20339386
20339387
203393E8
ACH 3093
KCAC?t92023
ACH 3546
8281665129
ACH
353.88
245.59
149.23
70.50 24.53
24.53 24.53
24.53 24.53
24.53 612.50
612.50
10,290.00
10,290.00
10,290.00
5,668.61
Total for this ACH Check for Vendor 3546:
Total for Vendor 3546 (Motorola Solutions Irc.):
ACH 3573 AAA Quality Ssrvices Inc.
158696 Air/Firc Extinguisher Ren€wal
158152 PWtrirc Extinguisher Renewal
158752-,\ DSD/Fire Extinguisher Rercwal
158152-8 Gc,4irc Extinguisher Renewal
158152-C Wt /Fire Extinguish€r Rcbewal
158?52-D S*'rlFire Extinguisher Rencwal
5,668.61
5,668.61
4W.67
35.99 143.96
215.94
463.'t5
1,079.68
A? Ch€cks by Date - Detail by Vendor Nuhber (8/16/2023 l:23 PM) Page 4 Check No Vendor No Vendor Name Check D4te
Referenc€
CheckAmount
Invoice No
158752-E
158901
3618
133407-1
3680
46-1695563
PWFire Extinguisher Renewal
PWFire Extitrguisher Renewal
Total for this ACH Check for Vendor 35?3:
Total for vendor 3573 (AAA Quality services Itrc.):
GCI Equipmeni Rental
EDAJVater Truck R€ntal
Total for this ACH Check for Vendor 361 8:
Total for Vendor 3618 (GCI Equipment Rental):
Vortex Industries Inc.
Air/Gate Repair - Gr€en StTotal for this ACH Check for Vendor 3680:
Total for Vendor 36E0 (Vortex Industries Inc.):
Tractor Supply Credit Plan
SWr,AIWTP New Trees
PW,Ar'-g Trailer Hitch Pin
PW,^y'-9 Trail€i Hitch Piosafety BootsM Meza
Wtr/Eye Bolt
Total for this ACH Check for Vendor 3730:
Total for Vendor 3?30 (Tractor Supply Credit Plan):
Diamond Technologies
PD/Training Lap Top Replac€ment
lT/Docking Statior/
Total for this ACH Check for vendor 3807:
Total for Vendor 3807 (Diamond Technologies):
|,259.63
259.21
4,267.83
ACH
4,26'7.83
|,420.70
1,420.'t0
ACH
|,420.70
1,212.50
1,272.50
ACH
ACH
3730
100768873
1007't2924
200543332
2005449?9
|,272.50
213.64
8.42 194.84
17.30 434.20
3807
338t2
34M4
ACH 4061
t'777
ACH 40?8
200790
434.20
2,978.'t3
369.08
3,347.81
66 I Communications
PD/Radio Maintenance
3,341.A1
85.00 Total for this AcH check for Vendor 4067:
Total for Vendor 4067 (661 Communications):
Alpha Tecbnologies & Alarm Systeins Inc
Beekay/Commercial Fire Alarnli S€p-Nov 2023
Total for this ACH Check for Vcndor 4078:
Total for Vendor 4078 (Alpha Technologies & Alarm Systems Inc):
85.00 85.00
336.00
AP Ch€ck by Date - D€tail by Vendor Numb€r (811612023 1.23 PM) Page 5 Check No Vendor No
Invoice No
Vendor Nam€ Check Drte
Ref€rence
ChcckAmount
ACH 4157
R6 r 2642
s373E22
ACH 4230
02120E14808-6
4234
2022-11969
ACH 4260
sB9232023
s89232023-A
s89232023-B
s89232023-C
sB9232023-D
s89232023-E
sB9232023-F
s89232023-G
s89232023-H
s89232023 |
ACH 4272
0378809-lN
0378810-rN
03?8811-IN
0378812-IN
0378813-IN
ACH 4312
23t9467 ta
Cor€ & Main LP
WtrMater Leak Rcpai$
Wt/Water Leak Repairs
Total for this ACH Check for Vendor 4157:
Total for Vendor 4 I 57 (Core & Main LP):
Waste Management (ACH)
Swr/3yd Dumpster
Total for this ACH Check for Vendor 4230:
Total for Vendor 4230 (Waste Management (ACH)):
XIO hc
Wt/Acuity System Op€rations
Total for this ACH Check for Vendor 4234:
Total for Vendor 4234 (XIO loc):
Summit Bank-toan Operations
Gc/Equipme L€ase Loan #lo002o,erincipal
Gc/Equipme trase Loao #l00020^nter€sr
Capital Lerse Loar #100020/Debit
Capital Lease Loan #100020/Credit
PD,/Equipment L€ase # I 00020/Principal
PD/Equiprnent t ease # looo2onfterest
Capital t easdDebit
Capital t ease./Crcdit
Wtr/Equipment Lease Loan# t 00020,/Principa.
Wtr/Equipmcnt Lease Loan#l 00020^ntcrcst
Total for this ACH Check for Vendor 4260:
Total for Vendor 4260 (Summit Bank-Loan Operations):
Amber Chemical Inc
Wtr/Hypochlorite Solutions - Curry Tank
Wtr/Hlpochlorite Solutions - Wahlstrom Well
Wh/Hlpochlorite Solutions - Dennison Well
Wtr/Hypochlorite Solutions - Mojave Well
Wtr/Hypochlorite Solutions - Minton Well
Total for lhis ACH Check fot Vendor 4272:
Total for Verdor 4272 (Amber Chemical Inc):
ACC Business
GG/Fiber for Police Deprt
366;t6
l,l04.El
|,47t.57
r,471.57
tt2.32
t!2.32
ACH
rr2.32
1,440.00
1,440.00
1,,{40.00
3O,759.14
2,2tO.33
-30,159.14
30,159.14
9,227.74
663.10
-9,227.74
9,221.74
9,227.74
663.10
52,'t5l.t5
52,75t.r5
I,(X4.83
879.86
659.90
|,264.79
1,374.18
5,224.t6
AP Checks by Date - Detail by Vendor Number (8116n023 I23 pM'l 5,224.16
Check No Vendor No
lnvoice No
Vendor Name
Descriptior
Check Drte
Reference
CheckAmount
Total for this ACH Check foi Vendor 4312:
Total for Vendor 43 I 2 (ACC Business):
Wex Bank
PD/Fuef for Patrol Vehicles/ Ang 2023
Tolal for this ACH Check for Vendor 4315:
Total for Vendor 43 I 5 (Wex Bank):
Enterprise FM Trust
Wtr^y'ehicle Lease/Aug 2021
Pw^r'€hicle Lease/Aug 2023
Swi/V€hicle Lease/Aug 2023
Gc/Vehicle LeasdAug 2023
Pw,^/ehicl€ Lease/Aug 2023
Pwny'ehicle Lease/Aug 2O23tnterest
PW,Vehicle LeasdAug 2o23Drincipal
Capital Lease/Aug 2023lPrincipal
Capital L€asdAug 2023,ryrincipa1
Wtr/Truck LeaselAug 2023,{nteresl
Wtr/Truck Lease/Aug 2o23lPrincipal
Total for this ACH Check for Vsndor 43E4:
Total for Vendor 4384 (Enterprise FM Trust):
Specialized Utility Services Program
Swr/Mond y CPOduly 2023
Total for this ACH Check for Vendor 439 I i
Total for Vendor 4391 (Specialized Utility Services Prograin):
Springbrook Holding Co- LLC
Pay Pad & Tmnsaction Fees/July 2023
Total for this ACH Check fot Vendor
"400:
Total for Vendor 4400 (Springbrook Holding Co. LLC):
DBT Tnospofiation Services LLC
Aii/AWOS Annual Maintenance,/June 2023-May
Total for this ACH Check for Vendor '1455:
Total for Vendor 4455 (DBT Transportation Services LLC):
Linde Gas & Equipment Inc
Wtr,4ndustsial Ac€tylene
Pwlndustrial Ac€tylene
703.66
189.52
ACH 4315
90998680
ACH 4384
FBN48l1495
FBN4813495-A
FBN4813495-B
FBN4813495-C
FBN4813495-D
FBN4813495-E
FBN4813495-F
F8N4813495-G
FBN4813495-H
F8N4813495-I
FBN4813495-J
ACH 4391
1933
ACH 4400
INV-O14143
4455
2551358
189.52
t89.52
2,221.67
2,624.59
640.24
r,082.63
724.06
157.33
l,t 08.88
I,108.88
,1,108.88
155.65
I,l08.M
9,821.09
9,827.09
6,000.00
6,000.00
6,000.00
77 | .20
7',71.20
ACH
77t.20
6,489.00
6,489.00
ACH 4569
3',722M56
31220456-A
6,489.00
62.61 146.08
AP Checks by Date - Detail by Vendor Number (8116/2023 l:23 PM) Page 7 Check No Vendor No Vendor Name Check Drte
Refer€nce
CheckAmount
Invoice No
Total for this ACH Check for Vendor 4569:
Total for Vendor 4569 (Linde cas & Equipment Inc):
Kem County Forensic Services LLC
PDMctim Exam 23-07-0789
Total for this ACH Check for Vendor 4607:
Total for Vendor 4607 (Kem County Forensic Services LLC):
White Cap
SWT/WWTP Parking Blocks
Total for this ACH Check for Vendor 46 I 7:
Total for Vendor 461? (White Cap):
Ten-West Towing, Inc.
PWE-223 Tow
Wtr/E-223 Tow
Tolal for this ACH Check for V€ndor 454 I :
Total for Vendot 4641 (Ten-West Towing, Inc.):
Brightview Landscape Services Inc.
AirMeed Cortml
GC/ Landscape Conlract Services/July 2023
Pwlandscape Contract Services/July 2023
PD/Landscap€ Contract ScrvicevJuly 2021
Strts/Landscape Contract ServicevJuly 2023
Park&Ride/Landscap€ Contract Sgrvices/July 20
RR DepoL/Landscap€ Contract Services/July 202
Freedom Plazal-andscape Contract ServicevJull
Swr/Landscape Contract Servic€s/July 2023
Air/Landscap€ Contract Services/July 2023
LLD[ract 6062 Landscape Contract Seryices/Ju
LLD/IIact 62 | 2 Landscape Contract Services[u
LLD/Tract 5812 & 6215 Landscap€ Contmct Ser
LLD/Tract 62 | 6 tandscape Contract ServicevJu
LLD/Tiact 5812 Landscape Contract Services/Ju
LLD/Tract 6360 Landscape Contract S€rvic€s/Ju
LLD/PM I1353 Lardscape Coniract Services/Ju
LLD/PM 12219 Landscape Contract Services/Ju
COT Landscap€ Maintenanc€ for July 2023
Toial for this ACH Check for Vendor 4645:
Total for Vendor 445 (Bdghtview Latrdscape Services Inc.):
Karls Hardware
208.69
ACH 460?
2t82 1,750.00
1,750.00
ACH 46r'l
50022933641
1,750.00
110.91
I10.91
ACH 4641
2023-210t5
2023-210t5-A
2023-27015-B
110.91
283.50
283.50
2E3.50
ACH 4645
8180701
4484',734
44E4134-A
8484134-B
8444134-C
8484?34-D
8484?34-E
8484734-F
E484't34-G
8484'734-H
8484734-I
8484734-t
8484134-K
4484734-L
E484134-M
8484?34-N
4484'134-O
8484134-P
8484734-Q
850.50
3,102.23
755.00
t,661.00
191.00
1,509.00
555.00
215.00
152.00
660.00
599.00
|,237.00
689.00
2,996.O0
16,017.00
1,953.00
59.00 255.00
201.00
1,164.00
33,970.23
33,970.23
ACH 4660
AP Checks by Date - Detail by Vendor Nurnber (8/1612023 \:23 PM\ Page 8 CheckNo Vendor No
Invoice No
Vendor Name Check Date
Reference
Chcck AEount
454t4
503/4
50514
504/4
5ta4
48_12
58.18 4t.47
17.95 50.00
PWPole Saw Repair
Wtr/Curry Booster
Wtr/Curry Boostcr
Wtr/Curry Booster
PwDiagEortic Blower
Total for lhis ACH Ch€ck fot Vendor 4660
Total for Vendor 4660 (Karls Hardware):
SealMaster Bakersfield
Strtvcrack Seal - Valey Blvd
Strts/Crack Seal - VaUey Blvd
Total for this ACH Check for vendor 4685:
Total for Vendor 4685 (SeaMaster Bakersfield):
Fire & Police Selection Inc.
PD/Offi cer Applicant Test
Total fof this ACH Check ior Vendor 4692:
Total for Vendor 4692 (Fire & Police Selection Inc.):
Swift Tactical
Tactical Medical Training
Total for this ACH Check for V€ndor 4712:
Total for V€ndor 4712 (Swift Tactical):
fuchard Flores
POST Perishible Skitls-Fresno/Aug 7rh-l lth 202
Tolal for tbis ACH Check for Vendor 4726:
Total for Vendor 4726 (fuchard Florcs):
Angel Gomez
POST Perishible Skills-Fresno/Aug 7rh-l lth 202
Total for this ACH Ch€ck forvendot 4727:
Total for Vendor 4727 (Angel Gomez):
Ashley Agueros
Retund Charge BlD23-00393/Building & Ptann
Retund Chaigc BLD23-00393/Long Rang€ Fec
Reft rd Charge BlD23-00393/Techrology Fee
2t5.72
ACH
2r5.72
3,N0.98
2,4r.27
4685
61076
670E7
ACH 4692
21049
ACH 47t2
STTL2307I 3TPD
4126
RF08102023
ACH 4727
AG8102023
5,672.25
5,612.25
60.00 60.00
900.00
ACH
900.00
30?.00
307.00
307.M
30?.00
307.00
ACH 4724
AA882023
AA8E2O23-A
AA882023-B
307.00
100.00
7.50 6.00
113.50
AP Clrecks by Date - Detail by Vendor Number (8/1612023 1.23 PM) Total for this ACH Check for Vendor 4728:
Check No Verdor No
Invoice No
Vendor Nrme Check Datc
Reference
Check Amount
Total for Vendor 4728 (Ashley Agueros):
Sentry Equipment Corp
Swr/Clarifier Rebuilt
Total for lhis ACH Check for Vendor 4729:
Total for Vendor 4729 (Sentry Equipment Corp):
JRBadges
JR. Badge Stickers
Total for lhis ACH Chcck for Vcndor 4730:
Total for Vendor 4730 (JRBadges):
Josefina Sillas De Benitez Jos€femand Ben
CE/Citatio! #P02837 Reimbursemenr
Total for this ACH Check fo. Vendor 473 I :
Total for Vendor 4?3 I (Josefina Sillas De Benilez Josefemand Bedlez Macias):
Report Total (55 checks):
I13.50
24,'t84.82
ACH 4729
ACH 4730
20159
ACH 4731
#121-68608-32
28,784.82
28,184.82
914.00
914.00
914.00
316.00
316.00
316.00
366,979.88
AP Checks by Date - Detail by V€ndor Number (8/162023
Accounts Payable
Checks by Date - Detail byVendorNumber
a6rscrs
811612023 l:23 PM
chekNo vcrdorNo
InYolc€ No
CITY OF
User:
hinted: TEHACHAPI
CALIFORNIA
Vendor Nrme ChcckAmoutrt
Dcrcrtpdor
Check Drte
RcfereBce
ACH 0362
0390137
RSI Petoleum Products
Pwunlcrded Fuel
Total for this ACH Cllck for V€ddor 0362:
Total for Veudor 0362 (RSI Petrol€um Products):
Repo,rt Total (l checks);
3,q)r.E6
3,901.86
AP Checfs ry Da& - Dctail by Vendor Nmber (8i/162023 l:23 PM) Prge I
CITY OF TEHACHAPI
INVESTMENT REPORT
July 31, 2023
INVESTMENTS
PURCHASE MATURITY ACCOUNT/ STATED PAR PURCHASE MARKET YIELD TO
DATE DATE CUSIP INSTITUTION RATE AMOUNT AMOUNT VALUE MATURITY U.S. TREASURY SECURITIES
06-21-22 10-31-23 9128285K2 US Treasury Note 2.88 500,000.00 498,832.50 496,875.00 3.05 04-06-22 03-31-25 9128284F4 US Treasury Note 2.63 250,000.00 250,000.00 240,282.50 2.63 TOTAL U.S. TREASURY SECURITIES $ 750,000.00 $ 748,832.50 $ 737,157.50
GOVERNMENT AGENCY ISSUES
08-10-22 c 02-09-24 3133ENNE6 Federal Farm Credit Bank 1.23 500,000.00 486,423.50 488,305.00 3.10 04-25-22 c 04-25-24 3130ARMY4 Federal Home Loan Bank 2.65 1,000,000.00 1,000,000.00 977,800.00 2.65 07-14-22 c 07-14-25 3134GXZT4 Federal Home Loan Mortgage Corp 4.00 500,000.00 500,000.00 488,680.00 4.00 04-28-22 c 04-28-26 3130ARN64 Federal Home Loan Bank 3.13 250,000.00 250,000.00 238,187.50 3.13 08-10-22 08-03-26 3133END80 Federal Farm Credit Bank 3.00 500,000.00 501,864.50 476,780.00 2.90 04-06-22 04-05-27 3133ENTS9 Federal Farm Credit Bank 2.60 250,000.00 249,070.25 233,697.50 2.68 04-28-22 c 04-28-27 3130ARMP3 Federal Home Loan Bank 3.23 250,000.00 250,000.00 235,820.00 3.23 c = callable
TOTAL GOVERNMENT AGENCY ISSUES $ 3,250,000.00 $3,237,358 $3,139,270.00
CERTIFICATES OF DEPOSIT
12-20-22 12-20-23 20825WBH2 Connexus Credit Union 5.00 248,000.00 248,000.00 247,804.08 5.00 12-23-22 12-26-23 26948GAF1 Eagle Community Credit Union 5.00 248,000.00 248,000.00 247,789.20 5.00 08-12-22 08-12-24 05580AP24 BMW Bank 3.25 246,000.00 246,000.00 240,516.66 3.25 12-23-22 12-23-24 9497634P8 Wells Fargo Bank 4.50 249,000.00 249,000.00 245,790.39 4.50 12-27-22 12-27-24 130162AQ3 California Credit Union Glendale 4.85 248,000.00 248,000.00 245,956.48 4.85 04-07-22 04-07-25 02589AC34 American Express National Bank 2.55 246,000.00 246,000.00 234,696.30 2.55 04-08-22 04-08-25 87165HM98 Synchrony Bank 2.55 246,000.00 246,000.00 234,679.08 2.55 04-13-22 04-14-25 38149M4S9 Goldman Sachs Bank 2.55 246,000.00 246,000.00 234,580.68 2.55 12-23-22 06-23-25 920133AK1 Valley Strong Credit Union 4.80 249,000.00 249,000.00 246,265.98 4.80 08-10-22 08-11-25 795451CB7 Sallie Mae Bank 3.35 245,000.00 245,000.00 235,481.75 3.35 08-17-22 08-13-25 07371DEU7 Beal Bank USA 3.20 246,000.00 246,000.00 235,704.90 3.20 12-29-22 12-29-25 31850LAE9 First American State Bank 4.30 249,000.00 249,000.00 243,170.91 4.30 01-06-23 01-06-26 20416TAX0 Communitywide Federal Credit Union 4.70 249,000.00 249,000.00 245,414.40 4.70 04-13-22 04-13-26 14042TFH5 Capital One Bank 2.65 246,000.00 246,000.00 229,808.28 2.65 12-21-22 12-21-26 25844MAL2 Dort Financial Credit Union 4.40 247,000.00 247,000.00 240,997.90 4.40 12-21-22 12-21-26 01664MAA4 All In Federal Credit Union 4.45 249,000.00 249,000.00 243,325.29 4.45 08-10-22 08-10-27 14042RTN1 Capital One NA 3.40 245,000.00 245,000.00 230,062.35 3.40 12-21-22 12-21-27 51828MAC8 Latino Community Credit Union 4.50 249,000.00 249,000.00 242,812.35 4.50 12-29-22 12-29-27 45157PAZ3 Ideal Credit Union 4.50 249,000.00 249,000.00 242,762.55 4.50 12-30-22 12-30-27 01882MAA0 Alliant Credit Union 4.85 249,000.00 249,000.00 246,193.77 4.85 TOTAL CERTIFICATES OF DEPOSIT $4,949,000 $4,949,000 $4,813,813.30
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
n/a n/a 98-15-914 State of California LAIF 3.31 354,753.56 $354,753.56 354,753.56 3.31 TOTAL LAIF ACCOUNTS $ 354,753.56 $354,753.56 354,753.56
CALIFORNIA ASSET MANAGEMENT PROGRAM
n/a n/a 6128-001 CAMP Investment Pool 5.31 11,161,208.17 $11,161,208.17 11,161,208.17 5.31 TOTAL CAMP ACCOUNTS $ 11,161,208.17 $11,161,208.17 11,161,208.17
JOINT POWERS AUTHORITY POOL
CHANDLER ASSET MANAGEMENT
n/a n/a 99CAMBX$1 CSJVRMA Investment Pool $2,362,262.96 $2,362,262.96 2,217,921.20 TOTAL MUTUAL FUNDS $ 2,362,262.96 $2,362,262.96 2,217,921.20 SUBTOTAL OF ALL POOLED INVESTMENTS $ 22,827,224.69 $ 22,813,415.44 $ 22,424,123.73 1 CITY OF TEHACHAPI
INVESTMENT REPORT
July 31, 2023
POOLED CASH BANK ACCOUNTS
BANK
STATEMENT
ACCOUNT NAME INSTITUTION BALANCE
CITY OF TEHACHAPI BANK ACCOUNTS
General Checking Bank of the Sierra 580,813.47
Police Department Bank of the Sierra 12,951.62
Water Deposit Trust Bank of the Sierra 128,101.50
Payroll Bank of the West 68,079.90
AFLAC Flex Spending Bank of the West 17,717.20
Airport Credit Card Sales Bank of the West 29,755.10
Ashtown Water Escrow Bank of the West 113,770.51
TOTAL CITY OF TEHACHAPI BANK ACCOUNTS $951,189
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 4.97 62.13 62.13 4.97 n/a n/a 17AB TABS INTEREST 993547 4.98 435.17 435.17 4.98 n/a n/a 17A TABS RESERVE 993695 4.98 200,290.36 200,290.36 4.98 n/a n/a 17B TABS RESERVE 993734 4.98 204,938.51 204,938.51 4.98 TOTAL TEHACHAPI 2017 TAX ALLOCATION BONDS $405,726.17 $405,726.17
SUMMARY OF CASH AND INVESTMENTS
Cash in Bank Accounts $ 951,189
Pooled Cash Investments $ 22,424,123.73
City Fiscal Agent Cash $ -
Subtotal $23,375,313
Successor Agency Fiscal Agent Cash $405,726
Grand total $23,781,039 *
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
ALIFORNIA
COUNCIL REPORTS
MEETING DATE: AUGUST 21,2073 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
CITY MAN
TO HONORABLE MAYOR DAVIES AND COUNCIT MEMBERS
FROM: DON MARSH, PUBTIC WORKS DIRECTOR
DATE: AUGUST 21, 2023
SUBJECT: INDUSTRIAL WASTE DISCHARGE AND FATS, OILS, AND GREASE CONTROT PROGRAM BACKGROUND:
On March 7th, 2022, the City Council approved an agreement with Wallace Group to initiate Phase 1 of the update to the Fats, Oils, and Grease (FOG) and lndustrial Waste Programs (lWD) and Ordinances. Phase t has been successfully completed, and it is now time to proceed with Phase 2.
The City of Tehachapi has recognized the need for an IWD Control and FOG Control Program to address issues related to sewer spills and the potential negative impacts of industrial waste on the Wastewater Treatment Plant (WWTP) processes.
The development of the FOG Control Program is a requirement under the Statewide General Waste Discharge Requirements for wastewater Collection Agencies, Order No. 2022-0103-OWQ. Additionally, the City's Sewer System Management Plan (SSMP) emphasizes the importance of the FOG Control Program, as FOG has been identified as a significant contributing factor in approximately 50% of sewer spills between 2O7O and 2022.
The creation of an lwD Program is anticipated as a future regulatory requirement linked to WWTP Waste Discharge Requirements (wDRs): General Waste DischarBe Requirements Order No. R3-2020-0020. Developing the lwD Program will establish a framework for compliance with this expected regulatory requirement and will aid in preventing illicit discharges from industrial facilities, thereby safeguarding the WWTP.
The City has already taken preliminary steps to outline the requirements for the FOG Control Plan and has initiated the identification of Food Establishments and lndustrial Facilities for potential inclusion in the IWD Program. The proposed scope of work for Phase 2 aims to formalize the implementation plan as well as finalize the modification and changes to the CiVs ordinances.
SCOPE OF SERVICES:
1. Review Draft lndustrial Waste Discharge (lWD) Program (submitted to City 6/30122l
2. Review Draft FOG Program (submittedto City 4ll8/2zl
3. Revisions and Updates to FOG and IWD Programs based on Clty Comments
4. lnitial contact with IWD Facilities and initial assessment
5. lnitial Program Technical Trainingfor City staff: FOG Program Administration and lnspection FISCAL IMPACT:
This project was included in the budget for FY 22/23, which was approved by Council on June 26, 2023
APPROVE THE PROPOSAL FROM WALLACE GROUP FOR IWD AND FOG CONTROL PROGRAM ASSISTANCE FOR THE AMOUNT OF 549,520 AND AUTHORIZE THE CITY MANAGERTO APPROVE ANY CHANGE ORDERS UP TO A MAXTMUM OF 10% OF THE ORIG|NAL CONTRACT (54952).
PaBe 2 of 2
RECOMMENDATION:
July 26,2023
Tyter Napier
City of Tehachapi
800 Enterprise Way
Tehachapi, CA 93561
Subject: City of Tehachapi IWD & FOG Control Program Assistance 2023 Mr. Napier:
Waltace Group appreciates the opportunity to provide you with our proposal for lndustriat Waste Discharge (lWD) e FOG Control Program Assistance for the above referenced project.
Based on our discussion the fottowing Scope of Services has been prepared for your consideration:
PROJECT UNDERSTANDING
The City has requested assistance with the development of an lndustrial Waste Discharge (lWD) Controt and Fats, Oils and Grease (FOG) Controt Program to hetp reduce conditions that may lead to Sewer Spills and impacts from industriat waste which may negativety impact treatment processes at the Wastewater Treatment Ptant (WWTP).
Development and implementation of a FOG Control Program is required under the Statewide General Waste Discharge Requirements for Wastewater Collection Agencies, Order No. 2022- 0103-DWQ and is discussed in Etement 7 of the City's Sewer System Management Plan (SSI P). The City's history of Sewer Spilts between 2010 and2022 identifies FOG as a contributing factor for approximatety 50% of these Spitts.
The development of an IWD Program is atso anticipated as a pending regulatory requirement associated with WU/TP WDRs: Generat Waste Discharge Requirements Order No. R3-2020- 0020. Devetopment of the IWD Program witt begin the framework for meeting this anticipated regutatory requirement and atso assist in the protection of the City WWTP by regutati ng i lticit discharges from industrial faci tities.
The City has taken initiat steps to identify program requirements for the devetopment and imptementation of a FOG Controt Plan and has started the process of identifying lndustriat Facitities for inctusion in a planned IWD Program. The fotlowing scope of work is proposed to create a formal plan for imptementation.
SCOPE OF SERVICES
The proposed Scope of Services witt assist the City of Tehachapi (City) with the development and imptementation of an lndustriat Waste Discharge (lWD) Program and Fats Oils and Grease (FOG) Management Program consisting of:
1. Review Draft lndustrial Waste Discharge (lWD) Program (submitted to City 61301221 Z. Review Draft FOG Program (submitted to City 4118122)
3. Revisions and Updates to FOG and tWD Programs based on City Comments
4. lnitia[ contact with IWD Facitities and initial assessment
5. lnitial Program Technical Training for City staff: FOG Program Administration and lnspection
Wattace Group proposes to provide the City with FOG and IWD Control Program Services through the fottowing tasks described below.
WALLACE GROUPq
CIVIL AND
TRANSPORTATION
TNGINEERING
CON ST R U CTIO N
MANAGEMENT
LANDSCAPE
ARCHITECTURI
MECHANICAL
ENGINEERING
PLANNING
PUBLIC WORKS
ADMINISTRATION
SURVEYING I
GIS SOLUTIONS
WATER RESOURCES
www.wallacegroup.us
WALLACE GROUP
A Calrfornra CorForation
6I2 CTARION CT
SAN LUIS OBISPO
CALIFORNIA 93401
I 805 544"4411
r 805 544-4291
PPZ2-7716
City of Tehachapi
Juty 26, 2023
Task 1: Project t{anagement
This task inctudes coordination of project activities, inctuding scheduling and budget controls, ctient coordination, quality controt, and other related project management activities. Watlace Group wit[ conduct an initiat Kick-Off Meeting to discuss City obiectives and Waltace Group's ptanned approach for finatization and implementation of the FOG & IWD Control Programs.
Task 2: lmplementation of lndustrial Waste Discharge Control Program Wattace Group will confirm the Draft lndustrial Waste Discharge Control Program and begin implementation with the fotlowing objectives:
. Confirm lndustrial Waste Discharge (lWD) Controt Program approach and revise as necessary (anticipates 4 hours for this task)
. Assist the city to identify lwD facitities and create a lwD database for future program imptementation.
. Apptication lntake and Review to characterize facitity pr@ess wastewater and initiate classification of facitities
o lnitial Site Visits to IWD Facitities (anticipates ten (10) facilities in a two (2) consecutive day period)
. Permitting of IWD Facitities (anticipates ten (10) facilities) . Training on IWD Program lmptementation (anticipates one (1) day of training) . r\^iscettaneous IWD Program Support: Wattace Group witt provide up to eight (8) hours of miscettaneous program support for the IWD Controt Program as needed or requested by the city to facititate city management of this program. lf additionat support and/or training is requested by the City for IWD Program Management and lmplementation, time witt be bitted on a Time and Materiats basis, after confirmation on [eve[ of effort with the City.
Task 3: City FOG Control Program lmplementation
Wattace Group witt work with City staff to imptement the Draft Fats, Oits and Grease Control Program. lmptementation wilI address:
Confirming overatl program approach and revise as requested (anticipates 4 hours for this task)
Development of a FOG Control lnspection Standard Operating Procedure for use by City staff
Assist the City to devetop a database of facilities for permitting and inspection Assist with permit apptication review and initiat facitity permitting TechnicaI Training: FOG Program Administration and lnspection (Training is anticipated to be conducted over the course of two (2) consecutive days). o Program Management and Administration - Watlace Group witl provide one z-hour training of City staff on the administration City's new FOG Controt Program in the fottowing areas:
. Adopted City FOG Control Ordinance and enforcement
. Outreach materiats and recommended schedules for imptementation . FOG Permit apptication, permit and inspection management . lmptementation of standard specifications
o FOG lnspection Training - Wattace Group witt provide one z-hour training of City staff on the administration City's new FOG Controt Program in the fottowing areas:
. Phlaicat inspection (and reinspection) of facilities, . Customer retations during inspections
WALLACE GROUP,
PP22-7716
City of Tehachapi
July 26,2023
. Use of FOG lnspection forms and Permits
. ltems to be aware of during and inspection
. Proper grease control device (GCD) operation and maintenance . Appropriate records and records retention
. ldentification of emutsifiers and chemicats
. lmptementation of FOG Control BMPs
. Measurements of grease and solids levets
. ldentification of proper ptumbing connections
. Photographs of deficient conditions
. Yellow grease storage and records for disposat
. Leahng bins and dumpsters
. ltlicit connections
. Outdoor cteaning of mats or equipment
TO BE PROVIDED BY THE CLIENT
. Confirmation of FSEs to be permitted and inspected within City Service Area . List of IWD Facilities to be permitted and inspected within City Service Area Task 4: ltiscellaneous Program Support
Waltace Group witl provide up to eight (8) hours of miscettaneous program support for the FOG Control Program as needed or requested by the City.
ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The fottowing services may also benefit your project. Wattace Group can provide these services, directty or through sub-consuttants, however, they are not inctuded in the current Scope of Services or estimate of fees:
e Management and lmptementation of City FOG Control Program o Management and lmptementation of City lndustrial Waste Discharge Control Program . Annual or Semi-Annual lnspection and re-inspection of City Food SeMce Estabtishments. . Updates to City Municipal Code (lndustriat Waste)
o Additional meetings with City
o Training for IWD Program (in excess of 8 hrs of support identified in Task 2) . Participation in City CouncitMeetings
. Updates or revisions to the City SSMP
. FOG and IWD Program Webpage assistance
. Technical Reports required by GWDR Order No. R3-2020-0020
PROJECT FEES
The project fees are shown attocated by task to indicate our expected distribution of work.
However, the task fee allocations are not individual contract timits.
Wallace Group witt perform the services denoted in Task 1 - 4 of the proposed Scope of Services on a time and materiats basis. For budgeting purposes, our preliminary estimate is that our fees witl be S49,520 to assist with imptementation of the City's IWD & FOG Control Program as identified in Tabte 1 below. These services witt be invoiced monthty on an accrued basis in accordance with the attached Schedute of Fees (Exhibit A). Reimbursables are inctuded in the time and materials estimated fee amount stated above.
WALLACE CROUPT
PP22-7716
City of Tehachapi
July 26,2023
The following tabte outtines proposed costs associated with each task:
Table 1:
Description Projected
Cost
Task 1: Project Management & Meetings 52,800
Task 2: IWD Program & Training 522,400
Task 3: FOG Program & Training s19,700
Task 4: Miscetlaneous Program Support (FOG Controt and IWD) 52,900 Reimbursabtes 51,920
TOTAL s49,520
These services witt be invoiced monthly on an accrued basis in accordance with the attached Schedule of Fees (Exhibit A). Reimbursabtes are included in the time and materials estimated fee amount stated above.
At your request, additional services to the Scope of Services witt be performed by Wattace Group fotlowing the signature of our Contract Amendment or the initiation of a new contract.
TERJI,IS AND CONDITIONS
ln order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, the attached Standard Terms and Conditions (Exhibit B) are considered a part of our proposal agreement. lf this proposal meets with your approvat, please sign where indicated and return to our office, which wi[[ serve as our notice-to-proceed.
We want to thank you for this opportunity to present our proposal for professiona[ services. lf you would like to discuss this proposat in greater detait, ptease feet free to contact me.
Sincerety,
WALTACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:
WALLACE GROUP,T
BillCallahan
Senior Environmental Compliance Specialist
612 Clarion Court
San Luis Obispo
Catifornia 93401
T 805 544-4011
F 805 544-4294
www.wa[tacegroup. us
Attachments
cg:. PP22-7716,2022
Exhibit A
Exhibit B
Signature
Printed Name
Titte
Date
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT Exhibit A
Standard Billing Rates
Public Works Administration Services:
Project Anatyst I - |V................ s1 15/sl25/sl3s/s145 51 s0/5155/S150
s165t5170t5175
Senior Project Anatyst I - lll
Senior Environmental Compliance Speciatist I - lll
Support Services:
Office Assistant.. ............. 5100
ProjectAssistantl-111................ .............5110/S11515125 Right to Revisions:
Wattace Group reserves the right to revise our standard bitting rates on an annual basis, personnel classifications may be added as necessary.
Additionat Professional services:
Fees for expert witness preparation, testimony, court appearances, or depositions witl be bitted at the rate of 5400 an hour. lf required to meet schedule requests, overtime on a project wil[ be bitted at 1 .5 times the emptoyee's typica[ hourty rate.
Direct Expenses:
Direct expenses wit[ be invoiced to the ctient and a handting charge of 15% may be added.
Sampte direct expenses include, but are not timited to the fottowing:
I|,IAIIACE GROUPT
. travet expenses
. detivery/copyservices
. sub-consultantservices
. miteage (per IRS rates)
. agency fees
. other direct expenses
lnvoicing and lnterest Charges:
lnvoices are submitted monthly on an accrued cost basis. A finance charge of 1 .5% per month may be assessed on a[[ batances that are thirty days past due.
WAI.LACE GROUP
2022 Standard Billlng Rate3
1 Exhibit B
Standard Terms and Conditions
Wallace Group Proposal No. PP22-7716
Contract Agreement Date: July 26, 2023
CLIENT: CITY OF TEHACHAPI
800 Enterprise Way, Tehachapi, CA 93561
CONSULTANT: WAII.ACE GROUP, A CALIFORNIA CORPORATION
612 Ctarion Court, san Luis Obispo, Catifornia 93.101
CLIENT and CONSULTANT agree that these Standard Terms and Conditions, comprised of pages 'l through 6, and the associated written Scope of Services and budget constitute the entire Agreement between the CLIENT and the CONSULTANT.
It supersedes a[[ prior communications, understandings and agreements, whether oraI or written. Amendments to this Agreement must be in writing and signed by both the CLIENT and the CONSULTANT.
ARTICLE 1. GENERAL PROVISIONS
1-1 Predmble
This Agreement is based upon a mutual obtigation of good faith and fair deating between the parties in its performance and enforcement. A€cordingty, the CLIENT and the CONSULTANT, with a positive commitment to honesty and integrity, agree to the fottowing:
That each wi[[ function within the laws and statutes that apply to its duties and responsibitities; that each witt assist in the other's performance; that each witt avoid hindering the other's performance; that each wit[ work ditigentty to futfitt its obtigations; and each wit[ cooperate in the common endeayor of the contract.
I .2 Governine Law and Jurisdiction
The CLIENT and the CONSULTANT agree that this Agreement and any tegaI actions concerning its vatidity, interpretation and performance shatl be governed by the taws of the State of Catifornia. lt is further agreed that any tegat action between the CLIENT and the CONSULTANT arising out of this Agreement or the performance of the services shal.t be brought in a court of competent jurisdiction in san Luis Obispo, Catifornia.
1.3 of Conditions
Shoutd any conftict exist between the terms herein and the form of any purchase order or confirmation t'ssued, the Terms and Conditions herein shatt prevait in the absence of CONSULTANT'S express written consent of others conditions.
I .4 Stdndord of Care
ln providing services under this Agreement, the CONSULTANT wit[ endeavor to perform said services in a manner consistent with that degree of care and skitI ordinarity exercised by members of the same profession currentty practicing under simitar circumstances.
I .5 Corporate Protection
It is intended by the parties to this Agreement that the CONSULTANT'S seryices in connection with the Project shaLt not subject the CONSULTANT'S individuat emptoyees, officers or directors to any personaI tegat exposure for the risk associated with this Proiect. Therefore, and notwithstanding anything to the contrary contained herein, the CLIENT agrees that as the CLIENT's sote and exctusive remedy, any claim, demand or suit shatt be directed and/or asserted onty against the C0NSULTANT, a Catifornia corporation, and not against any of the CONSULTANT'S individuat emptoyees, officeE or directors.
I .6 Confidentialitv
The CONSULTANT agrees to keep confidentiat and not to disctose to any person or entity, other than the CONSULTANT'S emptoyees, Subconsuttants and the genera( Contractor and Subcontractors, if appropriate, any data or information not previousty known to and generated by the CONSULTANT or furnished to the CoNSULTANT and marked CONFIDENTIAL by the CLIENT. These provisions shatl not appty to information in whatever form that is in the pubtic domain, nor shatl it restrict the CoNSULTANT from giving notices required by law or complying \r/ith an order to provide information or data when such order is issued by a court, administrative agency or other legitimate authority, or if disctosure is reasonabty necessary for the CONSULTANT to defend itsetf from any [ega[ action or ctaim.
1.7 Third-Porty Beneficiories
Nothing contained in this Agreement shatt create a contractuat reLationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'5 seryices under this Agreement are being performed sotety for the CLIENT'S benefit, and no other party or entity shatt have any ctaim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and CONSULTANT agree to require a simitar provision in a[[ contracts with Contractors, Subcontractors, Subconsuttants, vendors and other entities invotved in this Proiect to carry out the intent of this provision.
1.8 Timeliness of Performance
WALTACE GROUP Page 1 of 6
The CLIENT and CONSULTANT are aware that many factors outside the CONSULTANT'S controt may affect the CONSULTANT'S abitity to comptete the services to be provided under this Agreement. The CoNSULTANT witL perform these serYices with reasonabte ditigence and expediency consistent with sound professionaI practices.
I .9 Severability
Any term or provision of this Agreement found to be invatid under any appticable statute or rule of taw shatt be deemed omitted and the remainder of this Agreement shatl remain in futl force and effect.
1.1O Survivol
Notwithstanding comptetion or termination of this Agreement for any reason, att rights, duties and obtigations of the parties to this Agreement shatl survive such comptetion or termination and remain in fut[ force and effect untit fuLfitted. 1 .11 Stotutes of Repose ond LitLit4tiga
At[ [ega[ causes of action between the parties to this Agreement shatt accrue and any appticable statutes of repose or limitation shatt begin to run not later than the date of Substantiat Comptetion. lf the act or failure to act comptained of occu6 after the date of Substantial Comptetion, then the date of final comptetion shatt be used, but in no event shatl any statute of repose or [imitation begin to run any tater than the date the CONSULTANT'S services are compteted or terminated.
1.12 in Service
The CLIENT shatt promptty report to the CONSULTANT any defects or suspected defects in the CONSI,.JLTANT'S services of which the CLIENT becomes aware, so that the CONSULTANT may take measures to minimize the consequences of such a defect. The CLIENT further agrees to impose a simitar notification requirement on a[[ Contractors in its CLIENT/Contractor contract and sha[[ require atl subcontracts at any [eve[ to contain a tike requirement. Faiture by the CLIENT and the CLIENT's Contractors or Subcontractors to notify the CONSULTANT shatt retieve the CONSIJLTANT of the costs or remedying the defects aboye the sum such remedy would have cost had prompt notification b€en given when such defects were first discovered. 1 .13 Jobsite SofetY
Neither the professionaI activities of the CONSULTANT, nor the presence of the CoNSULTANT or its emptoyees or Subconsuttants at a construction/project site, shatt retieve the GeneraI Contractor of its obtigations, duties and responsibitities inctuding, but not timited to, constructions means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with contract documents and any heatth or safety precautions required by any regutatory agencies. The CoNSULTANT and its personneI have no authority to exercise any controt over any construction Contractor or its emp(oyees in connection with their work or any heatth or safety programs or procedures. The CLIENT agrees that the Genera[ Contractor shat[ be sotety responsibte for jobsite safety, and warrants that this intent shatt be carried out in the CLIENT'5 contract with the Generat Contractor. The CLIENT atso agrees that the CLIENT, the CONSULTANT and the CONSULTANT'S Subconsuttants shatL be indemnified by the GeneraI Contractor and shat[ be made additionaI insured under the General Contractor's poticies of genera[ liabitity insurance. 1 . I 4 Assienment : Subcont rq ct ine
Neither CLIENT nor CONSULTANT shatt assign its interest in this agreement without the written consent of the other.
CoNSULTANT may not subcontract any portion of the work to be performed hereunder without such consent.
1.15 Force llaieure
Any delay or defautt in the performance of any obtigation of CONSULTANT under this agreement resutting from any cause(s) beyond CONSULTANT'S reasonabte control shall not be deemed a breach of this agreement. The occurrence of any such event shatl suspend the obtigations of CONSULTANT as long as performance is detayed or prevented thereby, and the fees due hereunder sha[l. be equitabty adjusted.
1 .16 Oisputes
(a) Not withstanding any other provision of this Agreement and except for the provisions of (b) and (c), if a dispute arises regarding CONSULTANT'S fees pursuant to this contract, and if the fee dispute cannot be settled by discussions between CLIENT and CONSULTANT, both the CLIENT and CoNSULTANT agree to attempt to settLe the fee dispute by mediation through the American Arbitration Association (or other mediation s€Mce) before recourse to arbitration. lf mediation does not resotve the fee dispute, such dispute shatt be settted by binding arbitration in accordance with the Construction lndustry Arbitration Rutes of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
(b) Subdivision (a) does not prectude or timit CONSULTANT's right to etect to fite an action for cottection of fees if the amount in dispute is ryithin the jurisdiction of the smatI ctaims court. (c) Subdivision (a) does not prectude or timit CONSULTANT'S right to etect to perfect or enforce appticabte mechanics lien remedies,
1.17 Attorneys' Fees
ln the event of any litigation arising from or retated to this Agreement or the seMces provided under this Agreement, the prevailing party shatt be entitted to recover from the non-prevaiting party alI reasonabte costs incurred, inctuding staff time, court costs, attorneys' fees and atl other retated expenses in such litigation.
WALI,ACE GROUP Page 2 of 6
I .1E Seryices by CUENT
CLIENT shatt pay atL other charges not specificatty covered by the terms of this agreement, untess specificatty inctuded in the Scope of Services. The CLIENT shatt furnish, at the CLIENT'S expense, atl information required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitted to rety upon the accuracy and completeness thereof. l -19 Retention
lf any portion of CONSULTANT'S fee is hetd in retention, such amount shatt be reteased within thirty days after invoicing for comptetion of corresponding services. lnterest shatl be paid at the rate of 1.5% p€r month on any retention amounts not paid within this thirty-day period.
ARTICLE 2. DEFINITIONS
2.1 Burdened Labor Costs
Burdened labor costs shown on the Standard Bilting Rates incLude payrot[ taxes, worker's compensation insurance, and other overhead costs appLicabLe to the typicaI standard of care.
2.2 Direct Expenses
Expenditures made by the CONSULTANT, its emptoyees or its Subconsuttants in the interest of the Project. Appl.icabte reimbursabte direct expenses are defined on the Standard Bitting Rates.
ARTICLE 3. CO APENSATION
3.1 Povment Due
lnvoices shatl be submitted by the CONSULTANT monthty, are due upon presentation and shalt b€ considered past due if not paid in futt within thirty (30) days of the invoice date.
3.2 lnterest
lf payment in futt is not received by the CONSULTANT within thirty (30) caLendar days of the invoice date, the invoices shatl bear interest at one-and-one-haLf (1.5) percent (or the maximum rate attowabte by [aw, whichever is [ess) of the past due amount per month, which shatl be catcutated from the invoice due date. Payment thereafter shatl first be apptied to accrued interest and then to the unpaid principal.
3.3 Collection Costs
lf the CLIENT faits to make payments when due and the CONSULTANT incurs any costs in order to cotlect overdue sums from the CLIENT, the CLIENT agrees that atl such co(lection costs incurred shatl, immediatety become due and payabte to the CONSULTANT. Cottection costs shatI inctude, without [imitation, tegat fees, cottection agency fees and expenses, court costs, cottection bonds and reasonabte CONSULTANT staff costs at Standard Bitting Rates for the CONSULTANT'S time spent in efforts to cottect- This obtigation of the CLIENT to pay the CONSULTANT's coltection costs shatl survive the term of this Agreement or any eartier termination by either party.
3.1 Terminotion or ion of Services
This agreement may be terminated or suspended by either party effectiye seven (7) days from the date of written notice, or if the CLIENT suspends the work for three (3) months. Upon receipt of a notice of termination or suspension, CONSULTANT witl stop or suspend its work and provide same direction for the work of atl its Subcontractors and supptiers. Faiture of CLIENT to make payments when due shall be cause for suspension of seMces or uttimatety, termination, untess and untiI CONSULTANT has been paid in futt a(l amounts due for services, expenses and other approved related charges. CONSULTANT shau have no liabitity whatsoever to the CLIENT for any costs or damages as a result of such suspension or termination caused by any breach of this Agreement by the CLIENT. Upon payment-in-futL by the CLIENT, CONSULTANT shatt resume seMces under this Agreement, and the time schedute and compensation shatt be equitabLy adjusted to compensate for the period of suspension ptus any reasonable time and expense necessary for the CoNSULTANT to resume performance.
3. 5 Retention Discounts
Payment of invoices shatt not be subject to any discounts or retention by the CLIENT, untess agreed to in writing by the CONSULTANT. Payment to the CONSULTANT for seMces rendered and expenses incurred shatl be due and payable regardtess of any subsequent suspension or termination of this Agreement by either party.
3.6 Satisfaction with SerYices
Payment of any invoice by the CLIENT to the CONSULTANT shatl be taken to mean that the CLIENT is satisfied with the CONSULTANT'S seMces to the date of payment and is not aware of any deficiencies in those services.
3.7 Disputed lnYoices
lf the CLIENT objects to any portion of any invoice, the CLIENT shatt so notify the CONSULTANT in writing within ten (10) days of receipt of the invoice. The CLIENT shatt identify in writing the specific cause of the disagreement and the amount in dispute and shatt pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Any dispute oyer invoiced amounts due which cannot be resotved within thirty (30) catendar days after presentation of inyoice by direct negotiation between the parties shatl be resotved within forty-five (45) catendar days in accordance with the Dispute Resotution provision of this Agreement. lnterest as stated above shatt be paid by the CLIENT on WALL,ACE 6ROUP Page 3 of 6
atI disputed invoice amounts that are subsequently resotved in the CONSULTANT'5 favor and shalt be catcutated on the unpaid batance from the invoice date.
3.82lvn1F.rts el,4IONSAlIAM
Payments to the CONSULTANT shatt not be withhetd, postponed or made contingent on the construction, comptetion or success of the project or upon receipt by the CLIENT of offsetting reimbursement or credit from other parties who may have caused additionaI services or expenses. No withhotdings, deductions or offsets shatt be made from the CONsULTANT'S compensation for any reason untess the CONSULTANT has been found to be tegatty liabte for such amounts.
3.9 Advance Poyment : Withholdine Work Product
CONSULTANT reserves the right to require payment in advance for work estimated to be done during a given bitting period.
CONSULTANT, without any tiabitity to CLIENT, reserves the right to withhotd any services and work products herein contemplated pending payment of CLIENT'S outstanding indebtedness or advance payment as required by CONSULTANT.
Where work is performed on a reimbursabte basis, budget may be increased by amendment to comptete the Scope of SeMces. CONSULTANT is not obtigated to provide services in excess of the authorized budget.
ARTICLE 4. SERVICES, ADDITIONAL SERVICES, AND AI,IENDMENTS
1.1 Definitions
Services and work products not expressty inctuded with those specified in this agreement, as determined by CONSULTANT, are not covered by this agreement. Such services and work products wilt be proyided onty upon compliance with the procedures set forth in Articl,e 4.5 of this Agreement.
4.2 Services Durins. Ccnstruction
Any construction inspection or testing proyided by CONSULTANT is for the purpose of determining the Contractois comptiance with the functionaI provisions of the project specifications onty. CONSULTANT in no way guarantees or insures Contractor's work nor assumes responsibitity for methods or apptiances used by the Contractor for job site safety or for Contractor's comptiance with laws and regutations. CLIENT agrees that in accordance with generatty accepted construction practices the construction Contractor wit[ be required to assume sote and comptete responsibitity for job site conditions during the course of construction of the project inctuding safety of aLt persons and property and that this responsibiLity shatt be continuous and not be timited to normal working hours.
1.3 Soil Testins
C0N5ULTANT makes no representations concerning soiI conditions, and is not responsible for any tiabitity that may arise out of the making or faiture to make soil surveys, or sub-surface soil tests, or generat soit testing. lt is the CLIENT'S responsibitity to obtain a soits report upon which report CONSULTANT can rety.
4.4 Opinion of Probdble Construction Costs
ln providing opinions of probabte construction cost, the CLIENT understands that the CONSULTANT has no control over cost or avaitabitity of tabor, equipment or materiats, or over market conditions or the Contractor's method of pricing, and that the CONSULTANT'5 opinions of probabte construction costs are made on the basjs of the CONSULTANT'5 professionat judgment and experience. CONSULTANT makes no warranty, express or imptied, that bids or negotiated cost of the Work v/it[ not vary from the CONSULTANT'S opinion of probabte construction cost.
1. 5 Additiona I Se rvice s
Additionat seMces or work products requiring an adjustment of CONSULTANT's original estimated budget or fixed fee witt be provided at CLIENT'S request upon execution of a written amendment to this agreement expressty referring to the same and signed by both parties.
ARTICLE 5. TER ,IINATION OF AGREEIIENT
5.1 Due to Defoult
This agreement may be terminated by either party upon s€ven (7) days written notice should the other party fait to substantiatty perform in accordance with this agreement through no fault of the party initiating the termination. 5-2 Withdtt Couse
This agreement may be terminated by CLIENT upon at least fourteen ('14) days written notice to CONSULTANT in the event that the project is abandoned.
5 - i T erminotion Adiustment : Poyment
lf this agreement is terminated through no fautt of the CONSULTANT, CONSULTANT shatt be paid for services performed and costs incurred to the termination notice date, inctuding reimbursabte expenses due, ptus an additionat amount not to exceed ten percent (10%) of charges incurred to the termination notice date to cover services to orderty ctose the work and prepare project fites and documentation, ptus any additionat direct expenses incurred by CONSULTANT inctuding but timited to cancetlation fees or chaEes. CONSULTANT witt use reasonabte efforts to minimize such additional chaBes.
WALLACE GROUP Page 4 of 6
ARTICLE 6. LIMITATION OF LIABILITY: WAIVER: WARRANW
6.1 Limitation of Lidbilitv
ln recognition of the relative risk and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been attocated such that the CLIENT agrees, to the futtest extent permitted by taw, to l,imit the tiabitity of the CONSULTANT to the CLIENT for any and att ctaims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, inctuding attomeys' fees and costs and expert-witness fees and costs, so that the total aggregate tiabil.ity of the CoNSULTANT to the CLIENT shatt not exceed 550,000.00, or the CONSULTANT's total fee for services rendered on this project, whichever is greater. lt is intended that this Limitation appty to any and atl liabitity or cause of action however atteged or arising, untess otherwise prohibited by taw.
6-2 Cqttractor and Subcontractor Cloims
The CLIENT further agrees, to the futtest extent permitted by taw, to timit the tiabiLity of the CONSULTANT and the C0NSULTANT's officeE, directors, partners, emptoyees and Subconsultants to a[[ construction Contractors and Subcontractors on the Project for any and att ctaims, tosses, damages of any nature whatsoever or ctaims expenses from any cause or causes, inctuding attorneys' fees and costs and expert witness fees and costs, so that the totat aggregate tiabil,ity of the CONSULTANT and the CONSULTANT's Subconsuttants to at[ those named shatI not exceed S50,[email protected], or the CONSULTANT's totaI fee for services rendered on this Project, whichever is greater. lt is intended that this timitation appty to any and atl l,iabitity or cause of action however atleged or arising, untess otherwise prohibited by taw.
6.3 Worronty
CONSULTANT makes no warranty, either express or imptied, as to CONSULTANT'S findings, recommendations, specifications, or professional advice, except that the work was performed pursuant to generatly accepted standards of practice in effect at the time of performance.
lf, during the term of this Agreement, circumstances or conditions that were not originalty contemptated by or known to the CONSULTANT are revealed, to the extent that they affect the Scope of Services, compensation, schedute, attocation of risks or other material terms of this Agreement, the CONSULTANT may catI for renegotiation of appropriate portions of this Agreement. The CONSULTANT shatt notify the CLIENT of the changed conditions necessitating renegotiation, and the CONSULTANT and the CLIENT shatL promptly and in good faith enter into renegotiations of this Agreement to address the changed conditions. lf terms cannot be agreed to, the parties agree that either party has the absotute right to terminate this Agreement, in accordance with the Termination Provision hereof. lf the scope of Services pursuant to this agreement does not include on-site construction review, construction management, or other construction supervision for this project, or if subsequent to this agreement CLIENT retains other persons or entities to provide such services, CLIENT acknowtedges that such services witl be performed by others and CLIENT witt defend, indemnify and hotd CONSULTANT harmtess from any and at[ ctaims arising from or resutting from the performance of such services by other persons or entities except ctaims caused by the sote negtigence or wiLtful misconduct of CONSULTANT; and from any and att ctaims arising from or resutting from ctarifications, adjustments, modifications, discrepancies or other changes necessary to reftect changed fietd or other conditions, except ctaims caused by the sote negtigence or wittfut misconduct of CONSULTANT.
6.4 lnterpretation
Limitations on LiabiLity, waivers and indemnities in this Agreement are business undeBtandings between the parties and shatt appty to att tegat theories of recovery, inctuding breach of contract or warranty, breach of fiduciary responsibitity, tort (incLuding negtigence), strict or statutory tiabitity, or any other cause of action, provided that these timitations on tiabitity, waivers and indemnities witt not appty to any losses or damages that may be found by a trier of fact to have been caused by the CONSULTANT'5 sole or gross negtigence or the CONSULTANT'S wittfuL misconduct. The parties atso agree that the CLIENT witt not seek damages in excess of the contractuatty agreed-upon timitations directty or indirectty through suites against other parties who may join the CONSULTANT as a third-party defendant. "Parties" means the CLIENT and the CONSULTANT, and their officers, directors, partners, emptoyees, Subcontractors and Subconsuttants.
6.5 Delavs
The CLIENT agrees that the C0NSULTANT is not responsibte for damages arising directty or indirectly from any delays for causes beyond the CONSULTANT'S controt. For purposes of this Agreement, such causes inctude, but are not timited to, strikes or other tabor disputes; severe weather disruptions or other naturaI disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in a timely manner; faiture of performance by the CLIENT of the CLIENT'S Contractors or CONSULTANT'5; or discovery of any hazardous substances or differing site conditions.
ARTICLE 7. HAZARDOUS WASTE MATERIALS
7.1 Liabilitv
CONSULTANT hereby states and CLIENT hereby acknowl.edges that CONSULTANT has no professionaI tiabitity insurance for ctaims arising out of the performance of or failure to perform professional services, inctuding, but not Limited to the preparation of repods, designs, drawings and specifications, retated to the investigation, detection, abatement, reptacement, use or specification, or removaI of products, materiats or processes containing substances inctuding, but not timited to asbestos, toxic or hazardous waste, PCBS, combustibte gases and materiats, petroteum or radioactive materials (as each of these is defined in appticabLe federal statues) or any other substances under any conditions and in such quantities as WAIIACE GROUP Page 5 of 6
woutd pose a substantiaL danger to peEons or property exposed to such substances at or near the Project site. Accordingty, the CLIENT hereby agrees to bring no ctaim for negtigence, breach of contract indemnity or otherwise against the CONSULTANT, its principals, employees, and agents if such ctaim, in any way, woutd invotve the CONSULTANT'S seMces for the investigation, detection, abatement, reptacement, use or specification, or removat of products, materiats or processes containing asbestos, asbestos cement pipe, and/or hazardous waste materiats. CLIENT further agrees to defend, indemnify and hotd harmtess CONSULTANT, its officers, directors, principats, emptoyees and agents from any asbestos and/or hazardous waste material retated ctaims that may be brought by third parties as a result of the services provided by the CONSULTANT pursuant to this agreement except ctaims caused by the sote negtigence or wittfuI misconduct of the CONSULTANT.
ARTICLE 8. OWNERSHIP AND REUSE OF DOCUMENTS
8. 1 CONSULTANT Ownership
Att originat papers, documents, drawings, etectronic media and other work product of CONSULTANT, and copies thereof, produced by CONSULTANT pursuant to this agreement shatl remain the property of CoNSULTANT and may be used by CONSULTANT without the consent of CLIENT. Upon request and payment of the costs invotved, CLIENT is entitLed to a copy of atI papers, documents and drawings provided CLIENIS account is paid current.
8.2 Document Reuse
ln the event the CLIENT, the CLIENT'S Contractors or Subcontracto6, or anyone for whom the CLIENT is Legatty tiabLe makes or permits to be made any changes to any reports, plans specifications or other construction documents prepared by the C0NSULTANT without obtaining the CONSULTANT'S prior written consent, the CLIENT shatL assume fut[ responsibility for the results of such changes. Therefore the CLIENT agrees to waive any ctaim against the CONSULTANT and to release the CONSULTANT from any l,iabitity arising directly or indirectty from such changes. ln addition, the CLIENT agrees, to the futtest extent permitted by taw, to indemnify and hotd harmless the CONSULTANT from any damages, tiabitities or costs, inctuding reasonabte attorneys' fees and costs of defense, arising from such changes. ln addition, the CLIENT agrees to inctude in any contracts for construction appropriate [anguage that prohibits the Contractor or any Subcontractors of any tier from making any changes or modifications to the C0N5ULTANT'S construction documents without the prior written approvat of the CONSULTANT and further requires the Contractor to indemnify both the CONSULTANT and the CLIENT from any tiabil.ity or cost arising from such changes made without proper authorization, 8-3 Electronic lledio Alterotion otd Reuse
Because CADD information stored in etectronic form can be modified by other parties, intentionatty or otherwise, without notice or indication of said modifications, CONSULTANT reserves the right to remove at[ indicia of its ownership and/or inyolyement in the material from each etectronic medium not hetd in its possession. CLIENT shalt retain copies of the work performed by CONSULTANT in CADD form onty for information and use by CLIENT for the specific purpose for which CONSULTANT was engaged. Said materiats shatl not be used by CLIENT, or transferred to any other party, for use in other projects, additions to the current project, or any other purpose for which the material was not strictty intended by CONSULTANT without CONSULTANT'S express written permission. Unauthorized modification or reuse of the materjats shatI be at CLIENT'S sote risk, and CLIENT agrees to defend, indemnify, and hotd CONSULTANT harmless, from alt ctaims, injuries, damages, tosses, expenses, and attorneys fees arising out of the unauthorized modification or use of these materiats.
WALLACE GROUP Page 6 of 6
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: AUGUST 2L,2023 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAyl SCHLOSSER, P.E., DEVELOPMENT SERVTCES DTRECTOR DATE: AUGUST LO,2023
SUBJECT: VALLEY BOULEVARD RECREATIONAL PARK-BID AWARD
BACKGROUND:
The City of Tehachapi successfully applied forthe Clean California Local Grant Program available through CalTrans to provide a l-acre park in Tehachapi that will include landscaping, shade trees, picnic sites, a playground and a soccer field.
On June 20,2023, advertising began for the project. Staff opened bids for this project on July 26, 2023. The results of the bid opening are listed in the table below:
Contractor Name Base Bid Bid Alternate 1
(Linden Court)
Bid Alternate 2
(Sewer Line)
JTS Construction S1,971,108.00 s184,454.00 s28,296.00
R.C. Becker 52,398,623.L9 $238,95L.42 S40,608.31
D.O.D Construction S2,035,084.00 s227,980.00 s35,ooo.oo ln compliance with the Public Contract Code, City Staff undertook a review of the bids received to confirm that the apparent low bidder provided a responsive bid. The bid provided byJTS Construction has been deemed to be responsive.
PROJECT BUDGET:
Considering the JTS Construction (Base Bid + Alt 1) proposal with existing and predicted expenses, the current project budget is as follows:
o Design & Environmental = 5205,000
o Owner Furnished ltems = $285,000
o Construction Management = S120,000
a JTS Construction Cost with 5% Contingency (Base Bid + Bid Alternate 1) = 52,265,000 Updated total expected project cost is 52,875,000
RECOMMENDATION:
AWARD THE VAttEY BOUTEVARD RECREATIONAL PARK TO JTS CONSTRUCTION IN THE AMOUNT OF 52,155,570 (BASE BID + BID ALTERNATE 1I AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXTMUM OF 5% OF THE CONSTRUCTION COST (s107,809).
FISCAL IMPACT:
The total grant funds available for this project (including Design, Environmental, Construction, and Construction Administration) total 52,090,558. There is a funding deficit of approximately $785,000. The remainder offunds will be provided by SB-1, Park Funds and General Funds where applicable. This project was budgeted for this fiscal year.
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TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: AUGUST 2L,2023 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAyl SCHLOSSER, P.E., DEVELOPMENT SERVTCES DIRECTOR DATE: AUGUST L5,2023
SUBJECT: 23-24 GRIND AND OVERLAY D, E, F, PAULEY AND NORTHSIDE ATLEYWAYS
BACKGROUND
The City of Tehachapi seeks to improve D, E, F, Pauley and northside alleyways due to cracking and failing asphalt utilizing an asphalt concrete grind and overlay.
Contractor Name Base Bid Total Bid including
alternates 1,2,3
and 4
Granite Construction
Company
S479,7sL.oo $877,7O2s0
s419,316.33 s897,235.76
Bowman Asphalt, lnc. s525,869.00 St,oq7,732.go
Griffith Company S543,254.00 S1,048,543.00
ln compliance with the Public Contract Code, City Staff undertook a review of the bids received to confirm that the apparent low bidder provided a responsive bid. The bid provided by Granite Construction Company has been deemed to be responsive.
CITY OF
On July 23, 2023, advertising began for the project. Staff opened bids for this project on August 16, 2023. The results of the bid opening are listed in the table below:
Burtch Construction
FISCAL IMPACT:
All construction and construction adminirtration costs Ior the project will be funded from a mixture of Gas Tax funds (approximately S20,000), streets and Roads funds (approximately 5880,000) and sB-1 Funds (approximately S100,000).
RECOMMENDATION:
AWARD THE 23.24 GRIND AND OVERLAY O, E, F, PAULEY AND NORTHSIDE ALTEYWAYS TO GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF 5877,702.00 AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 5% OF THE CONSTRUCTION COST (s43,88s).
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TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: AUGUST 21, 2023 AGENDA SECTION: DEVETOPMENT SERVICES
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
DATE: AUGUST L7,2023
SUBJECT: ANNEXATION NO.3 INTO COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBtlC SERVICESI
APPROVED
DEPARTMENT H
CITY MANAGER:
BACKGROUND:
By Resolution No. 22-17, the City Council established Community Facilities District No. 2017-1 (Public Services) ("CFD 2077-1"1, a Mello-Roos Community Facilities District with the intention that future development within the City ofTehachapi (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, Pinon-Curry Condominiums (the "Project") proposed for annexation is owned by Curry LLC and Pinon LLC and is generally located at the northwest and southwest corners of Curry Street and Pinon Street. The two Projects includes the development of a total of thirty-seven condominium units. The boundary ofthe annexation includes the area within assessor's parcel numbers 416-120-20 and 417 -Olt-23 as depicted on Exh ibit A.
Development of this property changes the characteristics of undeveloped land. Once developed, this Project will have intensified the use of the property, creating a need for more services under this CFD.
As part of the annexation process, the City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation. Willdan Financial Services completed a comprehensive specialtax 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 and created CFD zOLl -l in 2017. This process is a specialty service that the City has contracted out on an individual consultant services basis for each development requiring annexation into a Mello-Roos Community Facilities District.
The Resolution of lntention is the first step in the process of annexing new developments into CFD 2017-1. This will be the third annexation into the original CFD. The resolution also establishes October 2, 2023, as the pu blic hearing date forthe final consideration ofthe annexation ofthe property into CFD 2017-1. Once the an nexation is complete, the property owner of the Project will be required to pay annual special taxes for CFD 2017-1, FROM: JAY SCHLOSSER, DEVETOPMENT SERVICES DIRECTOR
beginning in Fiscalyeat 202412025 as itemized on their property tax bill in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.
The CFD 2017-1 Rate and Method of Apportionment was established as part of the formation of the district and fixed Fiscal Year 2017/2018 as the base year for the annual specialtax rate as shown in Exhibit B. Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents.
The current special tax rate for the district is as shown in Exhibit C.
To initiate proceedings to annex the Project into Community Facilities District No. 2017-1 (Public Services) to pay for the impact ofthe development on City services pertaining to landscaping, street maintenance, and police Services.
RECOMMENDATION:
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 1982", 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.
AOOPT A RESOLUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPI, CALIFORNIA DECIARING ITS INTENTION TO ANNEX TERRITORY (PINON.CURRY CONOOMINIUMS} TO A COMMUNIW FACILITIES DISTRICT
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF TEHACHAPI COMMUNITY FACILITIES DrslRtct No.2017-1 (PUBLTC SERVTCES) ANNEXATTON NO. 3
Paee 2 of 2
PROPOSAI.:
EXHIBIT B WILLDAN
Financial Services
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
Table 1
Maximum SpecialTax for Developed Property
Community Facilities District No. 2017-1 (Public Services) Fiscal Year 2017-18
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Property
No Special Tax shall be levied on Exempt Propefi as defined in Section A For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
,t{
1 Detached Residential $920.00 per Dwelling Unit
2 Attached Residential $690.00 per Dwelling Unit
Mixed-Use Property Sum of Maximum Special Tax for each
applicable Land Use Class 3
4 Office $0.94 per square foot of Building Floor Area
5 Commercial $0.66 per square foot of Building Floor Area b
lndustrial/Business
ParUAgricultural
Processinq
$0.41 per square foot of Building Floor Area
7 Parking Property $0.23 per square foot of Lot Area
Land
Use
Class
Description Maximum SpecialTax
City of Tehachapi CFD 2017-1 (Public Services) 12
EXHIBIT C
Table 1
Maximum Special Tax for Developed Propefi
Community Facilities District No. 2017-1 (Public Services) FiscalYear 2023-24
Land
Use
CIass
Description Maximum SpecialTax
1. Detached Residential S1,155.6871 per Dwelling Unit
2 Attached Residential 5866.7653 per Dwelling Unit
Mixed-Use Property Sum of Maximum Special Tax for each
applicable Land Use Class
4 Office S1.1808 per square foot of Building Floor
Area
5 Commercial 50.8291 per square foot of Building Floor
Area
6 lndustrial/Business
Park/Agricultural
Processing
50.5150 per square foot of Building Floor
Area
7 Parking Property 50.2889 per square foot of Lot Area
For each Fiscal Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor.
3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA DECI.ARING ITS INTENTION TO ANNEX TERRITORY (PINON.CURRY CONDOMINIUMSI TO A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF TEHACHAPT COMMUNTTY FACTLTTTES DTSTRTCT NO.2017-1 (PUBLlC SERVTCESI ANNEXATTON NO. 3
WHEREAS, the City Council of the city of Tehachapi (the "City'') has conducted proceedings to establish Community Facilities District No. 2017-1 (Public Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Ad"), Chapter
2.5 of Part 1 of Division 2 ofTitle 5, commencing at section 53311, ofthe California Government code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territorytothe CFD, and now desires to undertake proceedings to annex territoryto the CFD.
Sedion 2:
(Public Services)".
The name of the existing CFD is "Community Facilities District No. 2017-1 Section 3: The territory included in the existing CFD is as shown on the map thereoffiled in Book 1 at Page 149 as lnstrument No. 217061568 of Maps of Assessment and Community Facilities Distrids in the Kern County Recorde/s office, to which map reference is hereby made, as well as the map for Annexation No. 1 and No. 2 filed on Page 176 as lnstrument No. 222037933 and
Community Facilities Districts.
The territory now proposed to be annexed to the cFD is as shown on the Annexation Map No. 3 to the CFD, on file with the City Clerk, a copy ofwhich is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Annexation Map No. 3 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Kern within fifteen days ofthe date of adoption ofthis resolution.
Section 4: The types of public services flnanced by the CFD and pursuant to the Ad consist ofthose services (the "Services") described in Exhibit A in Resolution No. 22-17 adopted by the Councilon the 5th day oflune 2017, (the "Resolution of Formation"), a copy which is attached hereto as Exhibit B. lt is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. lt RESOLUTTON NO. _
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
section 1: This Council hereby flnds and determines that public convenience and necessity require that territory be added to the CFD.
has been determined thatthis project will intensify the use ofthe propert, creatinB a need for more services underthis CFD.
Section 5: Except to the extent that funds are otherwise available to the CFD to payfor the SeNices cFD. a Special Tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem prope.ty taxes. The proposed rate and method of apportionment ofthe special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufflcient detail to allow each landowner within the territory proposed to be annexed to the cFD to estimate the maximum amount such owner will have to pay, is described in Exhibit C, which is hereby incorporated by this reference.
Section 6: Notice is given that on October 2, 2023, at 6:00 p.m. or shortly thereafter, in the regular meeting place ofthis Council, beingthe Tehachapi Police Department community Room, located at 220 West C street, Tehachapi, California, the Council, as legislative bodyforthe CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the lew of said special tax therein.
Section 7: The City Clerk is hereby direded to cause notice of said public hearing to be given by publication onetime in a newspaper of Seneral circulation intheareaof the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in section 53339.4 ofthe Act. The City Clerk shall also cause a copy ofthe Resolution ofAnnexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any)within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.
PAssED, APPRoVED, AND ADOPTEo at a regular meeting ofthe City Council ofthe City of Tehachapithis _ day of 2023
AYES:
NOES
ABSTAINED
City ofTehachapi
ABSENT:
ATTEST:
TORI IVIARSH, CMC, City Clerk ofthe
city of Tehachapi, California
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council ofCity ofTehachapi at a regular meeting thereof held on the 21st dayofAugust 2023.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
EXHIBlT A
BOUNDARY MAP
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Asse$or's
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1 417-0r l-23{O
415.12G20-00
VICINITY MAP
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ANNEXATION MAP NO. 3 TO
coMiruNtw FActLrilEs DrsTRlcT No. 2017-1
(PUBLIC SERVTCES)
CITY OF TEHACHAPI
COUNTY OF KERN
STATE OF CALIFORNIA
@&EtuM
ITMNffi
SHEET'i-OF i
CITY OF TEHACHAPI
COMMUNITY FACITITIES DISTRICT NO. 2017.1
(PUBUC SERVTCESI
DESCRIPTION OF SERVICES
The services (the "services") described below are proposed to be financed by Community Facilities District No.2017-1 (Public Services) (the "CFD" ) of the City of Tehacha pi (the "City"). TheServlcesare in addition to those provided in the territory of the CFD before establishing the CFD. The Services do not supplant services already available within the territory of the CFD before establishing the CFD. Services are:
. Police Protection Services
. Landscaping Services
. Street Maintenance Services
Police Protection Services means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salarles and benefits of City staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
Landscaping Services means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the cFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, llghting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providin8 such services within the cFD.
Street Maintenance Servlces means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
The cost of the Services shall include incidental expenses, including the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, costs incurred in order to carry out the authorized purposes of the CFD.
EXHIBIT B
EXHIBIT C
A Special Tax of City of Tehachapi Community Facllities District No. 2017-1 (Public Services) ("CFD") shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencinB in Fiscal Year 2017- 18 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provislons hereol shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINIT'ONS
The terms hereinafter set forth have the following meanings:
"Act'' means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government code of the State of California, as amended. "Administrative Expenses" means the following actual or reasonably estimated costs incurred by the City as admlnlstrator of the CFD, provided that such costs are directly related to administration of the CFD:
costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparatlon of required reports and any other costs required to adminlster the CFD in accordance with the Act, as determined by the City.
"Annual Escalation Factor" means the Breater of (i) two percent (2%) or (ii) the annual percentage increase in the consumer Price lndex for All Urban Consumers for the Los Angeles-Riverside-Orange County, CA area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.
"Assessor's Parcel" means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor's roll.
"Assessor's Parcel Map" means an official map of the Assessor of the county designating parcels by Assessor's Parcel number.
"Attached Residential" means an Assessor's Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City's discretion, consistin8 of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of April 1't preceding the FiscalYear in which the SpecialTax is being levied. "Base Yea/' means Fiscal Year ending June 30, 2018
City of Tehachapi
Community Facilities District No. 2017-1
(Public Services)
Rate and Method of Apportionment
"Building Floor Area" means the sum of the gross horizontal areas of several floors of the buildlng, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building. All horlzontal dimensions shall be taken from the exterior faces of walls including wa lls or other enclosures or enclosed porches, as obtained from the applicable Bullding Permit.
"Building Permit" means a permit issued for new construction of a residential or non-residentia I structure or parking lot. For purposes of this definition, except for Building Permits issued for Parking Property, "Building Permit" shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. "CFD" means City of Tehachapi Community Facilities District No. 2017-1 (Public Services). "City" means the City of Tehachapi.
"€ity clerk" means the City clerk for the City or his or her designee. "city Enginee/' means the city Engineer for the City or his or her designee. "Council" means the City Council of the City, acting as the legislative body of the CFD. "County'' means the County of Kern, California.
"Detached Residential" means an Assessors' Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Moblle Homes, as of April 1st precedlng the Fiscal Year in which the Special Tax is being levied.
"Developed Propert/' means an Assessor's Parcel within the CFD for which a Building Permit was issued on or prior to April lst preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or the amount of Office, Commercial, or lndustrial/Agricultural Building Floor Area in each Building Permit or the amount of Parking Lot Area per City or County records for that Assessor's Parcel.
"Dwelling Unit" means each separate residentlal unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City ofTehachapi's Municipal Code.
"Exempt Propert/' means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (il) Property Owner Association Property, (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) Undeveloped "Commercial Propert/' means an Assessor's Parcel of Developed Property for which a bulldlng permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in a commercial zoning district and all other property considered commercial, including hotels, motels, and private schools, as coded by the County's assessor or as determlned by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.
Property and (v) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy.
"Final Map" means an Assessor's Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
"lndustriaUBusiness Park/Agricultural Processing Property''means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial or agricultural zoning district, which ls not an office or financial institution, and all other property considered industrial or agricultural as coded by the County's assessor or as determlned by the City, as of April 1't preceding the Fiscal Year in which the Special Tax is being levied.
"Landscaping Maintenance" means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, includlng trees, turf, ground cover, shrubs, weed removal, irri8ation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorlzed by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with provlding such services within the CFD. "Landscaping Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, theamountequaltothebudgetedcostsforLandscapingMaintenanceapplicabletotheCFDforsuchFiscal Year.
"Land Use Class" means any of the classes listed in Table 1 and defined herein. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
"Lot Area" means the gross horizontal area of the Lot or Assesso/s Parcel. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessot's Parcel. "Mixed-Use Propert/'means an Assessor's Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for Non-Residential use.
"Mobile Home" means a vehicle designed and equipped for human habitation as defined bythe California Health & Safety Code 5 18008.
"Fiscal Yea/' means the period starting July 1 and ending on the following June 30. "Non-Residential" means an Assessor's Parcel of Taxable Property within the CFD for which a Building Permit has been issued for a non-residential use, including Office Property, Commercial Property, and lndustrlaUBusiness Park/Agricultural Processing Property. "Office Property'' means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in an industrial, office, or commercial zoning distrlct and all other property considered office property, including hospitals and convalescent homes, savings and loans property, medicaland dental property, and other office buildings, as determined by the city, as of April 1st preceding the Fiscal Year in which the SpecialTax is being levied.
"Park" means a public park, open space, trail, dog park dedicated to and/or managed by the City of Te hacha pi.
"Parking Proper$' means an Assessor's Parcel of Taxable Property within the CFD whose use is totally for parking of vehicles.
"Police Services" means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of Clty staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs assoclated with providing such services within the CFD.
"Police Services Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Police Services applicable to the CFD for such Fiscal Year. "Property Owner Association Property" means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is Intended for use for community purposes. "Proportionately' means, for Taxable Property, that the ratio of the actual Special Tax levied per Assessor's Parcel of Taxable Property to the Maximum Special Tax per Assessor's Parcel of Taxable Property is equal for all Assessor's Parcels of Taxable Property. "Public Proper{'means for each Flscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the Special Tax Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
"Special Tax Administrato/' mea ns an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "special Tax Requirement''means that amount required in any Fiscal Year for the CFD to pay for (i) the Landscaping Maintenance Requirement, (ii)the Police Services Requirement, (iii) the Street Maintenance Requirement, (iv) Administrative Expenses of the CFD, and (v) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.
"state" means the State of california.
"Street Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
"Street Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Street Maintenance applicable to the CFD for such Fiscal Year. "Taxable Proper$' means all Assessor's Parcels of Developed Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein. "Undeveloped Propertt'' means, for each Fiscal Year, an Assessor's Parcel within the CFD for which a Building Permit has not been issued on or prior to April 1't preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor's Parcel that is designated as a remainder parcel by any final documents and/or maps available to the Special Tax Administrator.
ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Yeat 2077-78, using the definitions above, each Assessor's Parcel wlthin the CFD shall be classified as Taxable Property or Exempt Property. ln addition, each Fiscal Year, beginning wlth Fiscal Year 2017-18, Taxable Property shall be further classified as Attached Residential, Detached Residential, Mixed-Use Property, Office Property, Commercial Property, lnd ustria l/B usiness Pa rk/Agricu ltu ra I Processing Property, or Parking Property.
B.
c.
1. MAXIMUM SPECIAL TN( RATE
Developed Propefi
Table 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2017-1 (Public Services) FiscalYear 2OL7-LB
Land
Use
Class
Description Maximum SpecialTax
1. Detached Residential 5920.00 per Dwelling Unit
2 Attached Residential 5590.00 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for each applicable Land Use Class
4 Office 50.94 per square foot of Building Floor Area
5 Commercial 50.55 per square foot of Building Floor Area 6 lndustrial/Business
Park/Agricultural
Processing
SO.+t per square foot of Building Floor Area
7 Parking Property SO.ZS per square foot of Lot Area
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum SpecialTax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Propefi
No SpecialTax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcelshall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
E.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-18, and for each subsequent Flscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definltions In Section A and levy the Special Tax as follows until the amount ofthe SpecialTax levied equals the SpecialTax Requirement:
The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Propervs classification as Detached Residential, Attached Residential, Mixed-Use Property, Office, Commercial, lndustrial/Business Park/Agricultural Processing Property, or Parking Property.
APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Special Tax Administrator regarding such error. lf following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. lf following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk ofthe City appeallng the amount ofthe Special Tax levied on such Assessor's Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the Clty Finance Director, who shall either (1) refer the matter to the Citys existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and bindinB as to all persons.
MANNER OF COLLECrION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations ofthe CFD or as otherwise determined appropriate by the City Council.
TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax In perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.
F.
G.
RESOI.UTION OF THE CITY COUNCII. OF THE CITY OF TEHACHAPI, CILIFORNIA DECTARING ITS
INTENTION TO ANNEX TERRITORY (PINON-CURRY CONDOMINIUMSI TO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE I.EVY OF SPECIAL TAXES THEREIN, THE CITY OF TEHACHAPT COMMUNTTY FACILITIES DTSTRTCT NO. 2017-1 (PUBtlC SERVICES) ANNEXATION NO. 3
WHEREAS, the city Council of the City of Tehachapi (the "City") has conducted proceedin8s to establish Community Facilities District No. 2017-1 (Public Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter
2.5 ofPart 1of Division 2 ofTitle 5, commencing at Section 53311, ofthe California Government code; and
WHEREAS, under the Act, this council, as the legislative body for the CFD, is empowered with the authorityto annexterritorytothe CFD, and now desires to undertake proceedingsto annex territory to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
section 1: This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
Sedion 2:
(Public services)".
The name of the existing CFD is "Community Facilities Distrid No. 2017-1 Section 3: The territory included in the existingCFD is as shown onthe mapthereoffiled in Book 1 at Page 149 as lnstrument No. 217061568 of Maps of Assessment and Community Facilities Districts in the Kern County Recorde/s offce, to which map reference is hereby made, as well asthe map for Annexation No. l and No. 2 filed on Page 176 as lnstrument No. 222037933 and
Community Facilities Districts.
The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 3 tothe CFD, on file with the City Clerh a copyofwhich is attached hereto as ExhibitA and made a part hereof, the boundaries ofwhich territory are hereby preliminarily approved. The City Clerk is hereby direded to cause the recordation of said Annexation Map No. 3 to the cFD, showing the territory to be annexed, in the office of the county Recorder of the county of Kern within fifteen days ofthe date of adoption of this resolution.
Section 4: The types of public services financed by the CFD and pursuant to the Act consist ofthose services (the "Services") described in Exhibit A in Resolution No. 22-17 adopted by the Council on the 5th day of June 2017, (the "Resolution of Formation"), a copy which is attached hereto as Exhibit B. lt is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. lt RESOLUTTON NO. _
has been determined that this project will intensifythe use ofthe property, creating a need for more services under this CFD.
Section 5: Except to the extent that funds are otherwise available to the CFD to pay for the Services CFD, a Special Tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit C, which is hereby incorporated by this reference.
Section 6: Notice is given that on October 2, 2023, at 6:00 p.m. or shortly thereafter, in the regular meeting place of this Council, being the Tehachapi Police Department Community Room, located at 220 West C Street, Tehachapi, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.
Section 7; The City Clerk is hereby directed to cause notice ofsaid public hearingto be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 ofthe Act. The City Clerk shall also cause a copy ofthe Resolution ofAnnexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if anylwithin the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.
PASSED, APPROVED, AND ADOPTED at a re8ular meeting of the City Council of the City of Tehachapi this _ day of _,2O23.
AYES:
NOES:
ABSENT:
ABSTAINED:
Mayor
City of Tehachapi
ATTEST:
ToRl MARSH, CMC, City Clerk ofthe
City of Tehachapi, California
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of city of Tehachapi at a regular meeting thereof held on the 21st day of AuBust 2023.
TORI MARSH, CMC, City Clerk ofthe
City of Tehachapi, California
EXHIBIT A
BOUNDARY MAP
Blvd
Pi@Stel
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F
9 1i
1 2
416,12G20'00
417-011-23-00
VICINITY MAP
LEGEND
\l/wtt-lonN
MapReaerence Assessr'5
ANNEXATION MAP NO.3 TO
coMtuuNtw FActLtTtES otsTRlcT No. 2017-1
(PUBLTC SERVTCES)
CITY OF IEHACHAPI
COUNTY OF KERN
STATE OF CAL'FORNIA
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EXHIBIT B
CITY OF TEHACHAPI
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(PUBLTC SERvTCES)
DESCRIPTION OF SERVICES
The services (the "Services") described below are proposed to be financed by Community Facilities District No.2017-1 (Public Services) (the "cFD") ofthe City ofTehachapi (the "city''). The Services are in addition to those provided In the territory of the CFD before establishing the CFD. The Services do not supplant services already available within the territory of the CFD before establishing the CFD. Services are:
. Police Protection Services
o Landscaping Services
. Street Maintenance Services
Police Protection Services means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, ifthe City directly provides Police Services, (iii)the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with provlding such services within the CFD.
Landscaping Services means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD and reasonable costs of providing park maintenance, including but not limlted to (i) the costs of contracting for park malntenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services within the CFD.
Street Maintenance Services means the labor, material, administration, personnel, equipment and utilities necessary to malntain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
The cost of the Services shall include incidental expenses, including the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, costs incurred in order to carry out the authorized purposes of the CFD.
City of Tehachapi
Community Facilities District No, 20U-l
(Public Services)
Rate and Method of Apportionment
A Special Tax of City of Tehachapi Community Facilities District No. 2017-1 (Public Services) ("CFD") shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2017- 18 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act'' means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. "Annual Escalation Facto/' means the greater of (i) two percent (zYol or liil the annual percentage increase in the Consumer Price lndex for All Urban Consumers for the Los Angeles-Riverside-Orange County, cA area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
"Base Yea/' means Fiscal Year ending June 30,2018.
EXHIBIT C
"Administrative Expenses" means the following actual or reasonably estimated costs incurred by the Clty as administrator of the CFD, provided that such costs are directly related to administration of the CFD:
costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
"Assessor's Parcel" means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number asslgned by the Assessor of the County that corresponds to a number shown on the County Assessot's roll.
"Attached Residential" means an Assessor's Parcel within the CFD for which a Buildin8 Permit has been issued for purposes of constructlng a resldential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City's discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of April 1't preceding the Fiscal Year in which the SpecialTax is being levied. "Building Floor Area" means the sum of the gross horizontal areas of several floors of the building, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures or enclosed porches, as obtained from the applicable Building Permit.
"Building Permit" means a permit issued for new construction of a residential or non-residentia I structure or parking lot. For purposes of this definition, except for Building Permits issued for Parking Property, "Building Permit" shall not include permits issued solely for grading, utllity improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. "CFD" means City of Tehachapi Community Facilities District No.2017-1 (Public Servlces). "Cit/' means the City ofTehachapi.
"City Clerk" means the City Clerk for the City or his or her designee. "City En8inee/' means the city Engineer for the City or his or her designee. "Commercial Propert/ means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in a commercial zoning district and all other property considered commercial, including hotels, motels, and private schools, as coded by the County's assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the SpecialTax is being levied. "Council" means the City Council of the City, acting as the legislative body of the CFD. "County'' means the County of Kern, California.
"Detached Residential" means an Assessors' Parcel within the CFD for which a Building Permit has been lssued for purposes of constructing a residential structure consisting of one single-family detached Dwellin8 Unit, including Mobile Homes, as of April 1st preceding the Fiscal Year in which the SpecialTax is being levied.
"Developed Property'' means an Assessor's Parcel within the CFD for which a Building Permit was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or the amount of Office, Commercial, or lnd ustria l/Agricu ltura I Building Floor Area in each Building Permit or the amount of Parking Lot Area per City or County records for that Assessor's Parcel.
"Dwelling Unit" means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Tehachapi's Municipal Code.
"Exempt Propert/'means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) Undeveloped Property and (v) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy.
"Final Map" means an Assesso/s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
"Fiscal Yea/' means the period starting July l and ending on the following June 30 "lndustriafBusiness Park/Atricultural Processing Property" means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial or agricultural zoning district, which is not an office or financial institution, and all other property considered industrial or agricultural as coded by the County's assessor or as determined by the City, as of April l't preceding the Fiscal Year in which the Special Tax is being levied.
"Landscaping Maintenance" means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and assoclated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or assoc:ated with, the CFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, llghting and power and (v) City overhead costs associated with providing such services within the CFD. "Landscapint Maintenpnce Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscaping Maintenance applicable to the CFD for such Fiscal Year.
"Land Use Class" means any of the classes listed in Table 1 and defined herein. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
"Lot Area" means the gross horlzontal area of the Lot or Assesso/s Parcel. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the cFD in any Fiscal Year on any Assessor's Parcel. "Mixed-Use Property" means an Assessor's Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for Non-Residential use.
"Mobile Home" means a vehicle designed and eq uipped for human habitation as defined by the California Health & safety code 5 18008.
"Non-Residential" means an Assessor's Parcel of Taxable Property within the CFD for which a Building Permit has been issued for a non-residential use, including Office Property, Commercial Property, and lndustrial/Business Park/ABricultural Processing Property. "Office Property''means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in an industrial, office, or commercial zoning district and all other property considered office property, including hospitals and convalescent homes, savings and loans property, medical and dental property, and other office buildings, as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Park" means a public park, open space, trail, dog park dedicated to and/or managed by the City of Te hacha pi.
"Parking Property'' means an Assessor's Parcel of Taxable Property wlthln the CFD whose use is totally for parking of vehicles.
"Police Services" means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
"Police Services Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Police Services applicable to the CFD for such Fiscal Year. "Propefi Owner Association Properq/'means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes. "Proportionately' means, for Taxable Property, that the ratio of the actual Special Tax levied per Assessor's Parcel of Taxable Property to the Maximum Special Tax per Assessor's Parcel of Taxable Property is equal for all Assesso/s Parcels of Taxable Property. "Public Proper$'means for each Fiscal Year any property withln the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the Special Tax Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover malntenance and operational cost overruns, and delinquencies in the payment of Special Taxes.
'Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
"Special Tax Administrato/' means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to pay for (i) the Landscaping Maintenance Requirement, (ii)the Police Services Requirement, (iii)the Street Maintenance Requirement, (iv) Administrative Expenses of the CFD, and (v) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.
"State" means the State of California.
"Street Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetllghts, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
"Street Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Street Maintenance applicable to the CFD for such Fiscal Year. 'Taxable Propert/' means all Assessor's Parcels of Developed Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein. "Undeveloped Propert/'means, for each Fiscal Year, an Assessot's Parcel within the CFD for which a Building Permit has not been issued on or prior to April 1't preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor's Parcel that is designated as a remainder parcel by any final documents and/or maps avallable to the Special Tax Administrator.
B. ASSIGNMENT TO UND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2017-18, using the definitions above, each Assessot's Parcel within the CFD shall be classified as Taxable Property or Exempt Property. ln addition, each Fiscal Year, beginning with Fiscal Yeat 2077-78, Taxable Property shall be further classified as Attached Residential, Detached Residential, Mixed-Use Property, Office Property, Commercial Property, lnd ustria l/Business Park/Agricultural Processing Property, or Parking Property. c.
1. MAXIMUM SPEC'AL TN( RATE
Developed Property
Table 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2017-1 (Public Services) FiscalYear 2OL7-18
tand
Use
Class
Description Maximum SpecialTax
7 Detached Residential 5920.00 per Dwelling Unit
2 Attached Residential 5590.00 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for each applicable Land Use Class
4 Office 50.94 per square foot of Building Floor Area
5 Commercial SO.e6 per square foot of Building Floor Area 6 lndustrial/Business
Pa rk/Agricultural
Processing
50.41 per square foot of Building Floor Area
7 Parking Property SO.ZS per square foot of Lot Area
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum SpecialTax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Propefi
No SpecialTax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Propefi changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
E
METHOD OF APPORTIONMENT OF THE SPECIALTAX
Commencing with Fiscal Year 2017-18, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special -Iax Requirement based on the definitions in Section A and levy the SpecialTax as follows until the amount ofthe SpeaialTax levied equals the SpecialTax Requirement:
The Special Tax shall be Proportionately levied each Fiscal Year on each fusesso/s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Properhy's classification as Detached Residential, Attached Residential. Mixed-use Property, Of1ice, Commercial, lndustriayBusiness Park/Agricultural Processing Property, or Parking Property.
APPEALS
F. MANNER OF COLLECTION
SpecialTaxes levied pursuantto Section D above shallbe collected in the same mannerand at the sametime as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii)the CFD maycollect SpecialTaxes at a dilferenttime or in a different manner if neces$ryto meetthe financial obligations ofthe CFD or as otherwise determined appropriate by the city council.
G. TERM OF SPECIAL TAX
Taxable Property in the CFD shallremain subjecttothe SpecialTax in perpetuityor untilthe CityCounciltakes appropriate adions to terminate the Special Tax pursuant to the Act.
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assesso/s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. lf following such consultation, the Specia I Tax Ad m in istrator determ ines that an error hasoccurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. lf following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the CityClerk ofthe City appealingthe amount ofthe SpecialTax levied on such Assessor's Parcel. Upon the receipt of any such written notice, the City Clerk shallforward a copy ofsuch notice to the City Finance Director, who shall either (1) refer the matter to the CiVs existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member RevievAppeal Committee. The RevievAppeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or RevievAppeal Committee shall interpret this Rate and Method ofApportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision ofthe hearing board or RevievAppeal Committee shall be finaland binding asto allpersons.
D.