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, NOVEMBER 20, 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
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.
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
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, NOVEMBER 20, 2023 - 6:00 P.M. - PG. 2
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.
1. 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. 53-23
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 * 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on November 6, 2023 – APPROVE AND FILE
FINANCE DIRECTOR REPORTS
* 3. Disbursements and bills for November 1, 2023 through November 15, 2023 - AUTHORIZE PAYMENTS
4. RSI Disbursements and bills for November 1, 2023 through November 15, 2023 – AUTHORIZE
PAYMENTS
* 5. City of Tehachapi Investment report through October 2023 – RECEIVE REPORT
AIRPORT MANAGER REPORTS
* 6. Aeronautical Gound Lease Agreement for Hangar 56W– APPROVE THE AERONAUTICAL GOUND LEASE AGREEMENT FOR HANGAR 56W BETWEEN THE CITY OF TEHACHAPI AND STEPHEN AND JENNA
SAMUELIAN
DEVELOPMENT SERVICES DIRECTOR REPORTS
* 7. Vacation of a portion of an Irrevocable Offer of Dedication for a public access easement for a portion of APN 415-130-85 – ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI VACATING AN EASEMENT PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 8330 ET SEQ
AND DIRECT STAFF TO RECORD SAME
PUBLIC WORKS DIRECTOR REPORTS
8. Declaration of surplus land (APN 224-120-09) – ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL
PROPERTY OWNED BY THE CITY AND IDENTIFIED AS A PORTION OF THE SOUTHEAST QUARTER OF
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, NOVEMBER 20, 2023 - 6:00 P.M. - PG. 3
SECTION 28, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA (APN 224-120-09) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS
9. Wastewater Treatment Plant Screw Replacement Project – APPROVE THE PURCHASE AND
REPLACEMENT OF THE EAST HEADWORKS SCREW PUMP AT THE WASTEWATER TREATMENT PLANT FOR A TOTAL COST OF $160,210.00 FROM LAKESIDE EQUIPMENT CORPORATION AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY CHANGE ORDERS UP TO 10% OF THE ORIGINAL CONTRACT AMOUNT (OR $16,021.00)
* 10. Weed Abatement (spraying and maintenance) – APPROVE THE CONTRACT BETWEEN BRIGHTVIEW LANDSCAPE SERVICES, INC. AND THE CITY OF TEHACHAPI FOR WEED ABATEMENT FOR AN ANNUAL COST OF $48,528.00 (OR $4,044.00 PER MONTH) AND AUTHORIZE THE CITY MANAGER TO APPROVE ANY CHANGE ORDERS UP TO A MAXIMUM OF 20% OF THE ORIGINAL CONTRACT (OR $9,705.60)
11. First reading and introduction of an ordinance regarding a Fats, Oils, and Grease Control Program –
APPROVE THE FIRST READING BY TITLE ONLY, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI AMENDING SUBSECTION B, SECTION 8.36.060 “SPECIFIC LIMITATIONS OF WASTES INTO WASTEWATER SEWERS”, AND ADDING A NEW ARTICLE V “FATS, OILS, AND GREASE CONTROL PROGRAM” TO CHAPTER 36 “INDUSTRIAL WASTES”, TITLE 8 “HEALTH AND SAFETY” OF THE
TEHACHAPI MUNICIPAL CODE TO ADOPT A FATS, OILS, AND GREASE CONTROL PROGRAM FOR FOOD
SERVICE ESTABLISHMENTS AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
ASSISTANT CITY MANAGER REPORTS
* 12. Contract with Zambelli Fireworks Manufacturing Company for July 4, 2024 fireworks display – APPROVE THE CONTRACT WITH ZAMBELLI FIREWORKS MANUFACTURING COMPANY FOR THE JULY 4, 2024 FIREWORKS DISPLAY AT THE COST OF $48,000 AND AUTHORIZE THE CITY MANAGER TO SIGN
POLICE CHIEF REPORTS
13. Second reading and adoption of an ordinance establishing a Military Equipment Use Policy – ADOPT AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI ADOPTING A MILITARY EQUIPMENT
USE POLICY GOVERNING THE USE OF MILITARY EQUIPMENT BY THE TEHACHAPI POLICE DEPARTMENT
CITY MANAGER REPORTS
14. 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
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, NOVEMBER 20, 2023 - 6:00 P.M. - PG. 4
§54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. Closed session minutes of November 6, 2023 meeting – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: (one potential case)
3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
4. 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.
ADJOURNMENT
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, NOVEMBER 6, 2023 – 6:00 P.M.
NOTE: Wi, Sm, Da, Pa and Po are abbreviations for Council Members Wiggins, Smith, Davies, Pauer, and Pogon-Cord, respectively. For example, Wi/Smdenotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.
ACTION TAKEN
CALL TO ORDER
Meeting called to order by Mayor Davies at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Pauer, Councilmember Smith, and Councilmember Wiggins
Absent: None
INVOCATION
Led by Pastor Gerald Fair, Tehachapi Calvary Chapel Church
PLEDGE TO THE FLAG
Led by Councilmember Wiggins
POLICE CHIEF
1. Swearing in of Tehachapi Police Officer Michael Gregorio and Reserve Police Officer Robert Haymond - OATH OF OFFICE AND BADGE PINNING CEREMONY
COMMUNITY ENGAGEMENT REPORTS
2. Mayor presented certificates of recognition to the Greater Tehachapi Chamber of Commerce and the Go2Girlz for the success of the Downtown Trick or Treat Trail – PRESENTATION
Tehachapi City Council Regular Meeting – November 6, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN CONSENT AGENDA Approved
Sm/Po Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
3. Public comment
CITY CLERK REPORTS
* 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 October 2, 2023 and Special Meeting held on October 23, 2023 – APPROVED AND FILED
Approved And Filed
Sm/Po Ayes All
* 5. Special Event Application – City of Tehachapi Hometown Christmas – APPROVED
THE CITY OF TEHACHAPI HOMETOWN CHRISTMAS SPECIAL EVENT
APPLICATION AND ASSOCIATED STREET CLOSURES, SUBJECT TO CITY
MANAGER AND CITY ATTORNEY APPROVAL
Approved The City Of Tehachapi
Hometown Christmas Special
Event Application And
Associated Street Closures,
Subject To City Manager And
City Attorney Approval
Sm/Po Ayes All
* 6. Special Event Application – City of Tehachapi Christmas Tree Lighting Ceremony – APPROVED THE CITY OF TEHACHAPI CHRISTMAS TREE LIGHTING CEREMONY
SPECIAL EVENT APPLICATION AND ASSOCIATED STREET CLOSURES, SUBJECT
TO CITY MANAGER AND CITY ATTORNEY APPROVAL
Approved The City Of Tehachapi
Christmas Tree Lighting
Ceremony Special Event
Application And Associated
Street Closures, Subject To City
Manager And City Attorney
Approval
Sm/Po Ayes All
* 7. Special Event Application – Greater Tehachapi Chamber of Commerce Christmas Parade – APPROVED THE GREATER TEHACHAPI CHAMBER OF COMMERCE
CHRISTMAS PARADE AND ASSOCIATED STREET CLOSURES, SUBJECT TO CITY
MANAGER AND CITY ATTORNEY APPROVAL
Approved The Greater Tehachapi
Chamber Of Commerce
Christmas Parade And
Associated Street Closures,
Subject To City Manager And
City Attorney Approval
Sm/Po Ayes All
FINANCE DIRECTOR REPORTS
* 8. Disbursements and bills for September 25, 2023 through October 31, 2023 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Po Ayes All
9. RSI Disbursements and bills for September 25, 2023 through October 31, 2023 –
AUTHORIZED PAYMENTS
Mayor Davies Recused Himself
Due To A Potential Conflict. He
Is An Employee Of RSI.
Authorized Payments
Wi/Pa Motion Carried
Abd Da
10. City of Tehachapi Investment report through September 2023 – RECEIVED REPORT
Received
Tehachapi City Council Regular Meeting – November 6, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
AIRPORT MANAGER REPORTS
* 11. Aeronautical Hangar Rental Agreement for Hangar 27W – APPROVED THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 27W BETWEEN
THE CITY OF TEHACHAPI AND KEVIN BICKERS
Approved The Aeronautical
Hangar Rental Agreement For
Hangar 27w Between The City Of
Tehachapi And Kevin Bickers
Sm/Po Ayes All
POLICE CHIEF REPORTS
12. First reading and introduction of an ordinance establishing a Military Equipment Use Policy – POLICE CHIEF STANDRIDGE GAVE STAFF REPORT; APPROVED THE
FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEHACHAPI ADOPTING A MILITARY EQUIPMENT USE POLICY
GOVERNING THE USE OF MILITARY EQUIPMENT BY THE TEHACHAPI POLICE
DEPARTMENT
Approved The First Reading And
Introduction Of An Ordinance Of
The City Council Of The City Of
Tehachapi Adopting A Military
Equipment Use Policy Governing
The Use Of Military Equipment
By The Tehachapi Police
Department
Sm/Pa Ayes All
* 13. Modification of Police Department Job Descriptions – APPROVED THE
PROPOSED CHANGES AND MODIFICATIONS TO THE TEHACHAPI POLICE
DEPARTMENT JOB DESCRIPTIONS
Approved The Proposed Changes
And Modifications To The
Tehachapi Police Department
Job Descriptions
Sm/Po Ayes All
14. New Police department organizational chart and addition of new positions – POLICE CHIEF STANDRIDGE GAVE STAFF REPORT; APPROVED THE TEHACHAPI
POLICE DEPARTMENT NEW ORGANIZATIONAL CHART AND ADDITIONAL
POLICE LIEUTENANT, CODE ENFORCEMENT OFFICER AND FULL-TIME
COMMUNITY ENGAGEMENT SPECIALIST POSITIONS
Approved The Tehachapi Police
Department New Organizational
Chart And Additional Police
Lieutenant, Code Enforcement
Officer And Full-Time Community
Engagement Specialist Positions
Sm/Wi Ayes All
* 15. Purchase of police patrol units – APPROVED THE PURCHASE ORDER AND
INVOICE TO COMPLETE THE PURCHASE OF TWO PATROL UNITS FROM PHIL
LONG FORD
Approved The Purchase Order
And Invoice To Complete The
Purchase Of Two Patrol Units
From Phil Long Ford
Sm/Po Ayes All
CITY MANAGER REPORTS
16. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
17. Mayor’s committee assignments
CLOSED SESSION
1. Closed session minutes of October 2 and October 23, 2023 meetings Approved And Filed Po/Wi Ayes All
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 56W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: John Tumilowicz
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 56W
City Declined Its Right Of First
Refusal
Wi/Po Ayes All
Tehachapi City Council Regular Meeting – November 6, 2023 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 29W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: William E. Hunt
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 29W
City Declined Its Right Of First
Refusal
Po/Da Ayes All
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 04046005
Agency Negotiating Party: City Manager
Negotiating Party: Glover Trust
Under Negotiation: Price and Terms of Payment
No Reportable Action
5. 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
6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of § 54956.9:
(Two potential cases)
No Reportable Action
ADJOURNMENT
The City Council/Boards adjourned at 7:05 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, November 20, 2023 at 6:00 pm.
Adjourned At 7:05 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 20th day
of November 2023.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
Accounts Payable
Checks by Date - Detail by Vendor Number
CITY OF
User:
Printed:
afiescas
ll/15/2023 2:2'l PM
Check No Vendor No Vendor Nam€
lr^O^-t
r-- I E-/
TEHACHAPI
CAL'FORNIA
Check Date
Referenc€
CheckAmount
Invoice No
ACH 0061
4G26324
4G26443
ACH 0300
52039',1056
520397057
ACH 0372
I | 012023
I1012023-A
110t 2023-8
11012023-c
110t2023-D
11012023-E
I1012023-F
I1012023-G
11012023-r
I1012023-J
I1012023-K
11012023-L
11012023-M
I1012023-N
11012023-0
I1012023-P
11012023-Q
11012023-R
11012023-s
I1012023-T
11012023-U
I1012023-v
I1012023-W
l1012023-x
I1012023-Y
11012023-Z
11012023-ZA
t\012023,28
r\o12023-ZC
110t2023-zD
BSKAssociates
Wtr,Drinking Water Samples
Wtr/Ddnking Wat€r Samples
Total for this ACH Check for Vendor 0061:
Total for Vendor 0061 (BSK Associates):
Mission Linen & Uniform Service
Pw/I-inen MaintMats
S*r/WWTP Mats
Total for this ACH Check for Vendor 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
Southem Califomia Edison
sfls/8002371957/1002 W Tehachapi BlvdA/sq
srrts/80023 863 84/ | 002 W Tehachapi Blvd B/sq
Strts/8002515 179llchachapi/Tucker/Oct 2023
Strts/8003886514/Tehachapi Blvd (Tucker Lift)/
Srrts/80028157o4,{ndustrial kwy-Curry/Ocr 202:
SttV8002457897/800 S Curry SVOcr 2023
Srts/8002748942/Tehachapi Blvd-Dennison Rd
Strts/80025 I 5750Mulberry-Br€ntwood/Oct 202
Strts/8000952476,4r'd1ey Blvd-Mulberry/Ocr 20:
LLD/8002841917/Pinon St-East Orchard-Cury
LLD/800403 3 054/1!,,till St-D Sr/Oct 2023
Strts/8002844782,Va11ey Bl w/o Deonisor/Ocr 2
PW8000691540/800 Enterpris€/Oct 2023
PW8002992907800 Enterprise (Shop)/Sep l5-(
Swr/8003327285/800 Enlerprise (Facility)/Sep I
Strts/8002397488/Tehachapi-Dermisor/Oct 2023
Strts/800M89050/TR 2995 Oakwood-Valley/Ocr
strts/8001 9 I 599 I 5n 00 w Tehachapi Blvd #B/sr
Strts/800 I 941 899/ 10 I West F St/Sep I -Oct 2 20i
LLD I 80024 5 25 49 n R 2995 Oakwood-Vall€y/Oc
LLD I 8002 4 5 25 49 n R 2995 Oakwood-Valley/Oc
StrLs/8002817959/Tucker Rd-H{y 202locr 202:
strts/8002454554Mi11 and J St/ocr 2023
strts/8003094036,1l Sr-Creen sl,/ocr 2023
LLD/8000679393/TR 45361 Mulberry/Oct 202:
sfts/8002485759,4t1i11 and J s/oct 2023
Strts/8002738103/F Sr e/o Mulbeny/Oct 2023
LLD I 80M243 20 4 lE T ehachapi Blvd-Sreuber Rd.
LlD/8002843239/D€nnison,Pinon Sr,/Oct 2023
sds/8002489190/213 West I Sr/Oct 2023
99.t0
30.00 129 l0
129.tO
25t.95
34.13 286.08
286.08
'79.06
2',7.86
56.28 259.63
81.66 74.82
tt2.4l
84.66 61.13
376.93
146.94
523.06
65.03 195.09
656.25
149.19
83.11 (,9.22
120.03
106.28
8,9?8.53
200.56
86.14 169.80
68.09 107.50
300.98
60.47 1,415.88
t3.57
AP Checks by Dat€ - D€tail by V€ndor Number (llll5l2023 2127 PM) Page I Check No V€ndor No
Invoice No
Vendor Name Ch€ck D.te
Refer€nc€
Ch€ck Amount
11012023-ZE
1,t012023-zF
tt0l2023-zG
11012023-zH
11012023-zl
t1012023-Zl
I1012023-zK
tt0t2023-zL
n0t2023-zM
t1012023-zN
11012023-zo
11012023-ZP
\1012023-ZQ
I10t2023-zR
110t2023-ZS
fiot2023-zr
1t0l2a3-zu
I1022023
t\032023
I1032023-A
11062023
I1062023-A
ACH 0395
scEll l52023
scE11t52023-A
scEl I152023-B
scEl I152023-C
scEl I t 52023-D
Strts/8002502103/tlighline & Curry/Oct 2023
suts/800248666844i11 St s/o Easr Sr/Ocr 2023
Strts/8003326?95/326 East D St/Oct 2023
Strts/8003354214/303 EastAve D/Oct 2023
Wtr/800111965l/curry Bstr & well/ocr 2023
Wts/80004881 89/Pinon well/oct 2023
wr/8002800384/Tucker-Valley/oct 2023
Wtr/8002826534/710 W Tehachapi Blv Oct 20
Str6/8002503365/T€hachapi Blvd-Dennisor/Oc1
Sfis/8002503365/Tehachapi Blvd-Dennisor/Ocl
Strts/80027?7497lcoodrick Dr e/o Dennison/oc
LLD/80028525??fehachapi Blvd-Bailey Ave/O
Sttu/8002504580/Dennison-Br€tt Ave-/Oct 2023
Wtr/800064 I 860/ I 299 S Curry St (Minton W€ll)
Sms/8002827801/2000 Megellan Drloct 2023
LLD/8004680470n002 Applewood St (t'ump St
LLD /80028293 | 1 Manzanite-Green/Oct 2023
Wtr/8004628073/129 Brentwood Drloct 4-Nov
Swr/800398390/755 Steuber Well/Oct s-Nov 2
Drain/8001 I I 5579/409 Bailey Ave (Stonn H2O)
Wtr/8001340514/358 East D St Mojave Well/Oc
Wtr/E004425233NW Comer Anita-Dennison (V
Total for this ACH Check for vendor 0372:
Total for Vendor 03?2 (Southem California Edison):
The Gas Company
Polic€ Dept #12851696026 Oct l2-Nov 13 2023
Annex #00881?02005 Oct l2-Nov l3 2023
city Hall #065517M007 oct l2-Nov 13 2023
Airport #01091699981 Oct l2-Nov l3 2023
Visitor Ctr # I 0561 664466 Oct 1 2-Nov I 3 2021
Total for this ACH Check for Vendor 0395:
Total for Vendor 0395 (The Gas Company):
18.82 13.57
36.'t9
20.52 5,973.83
4,903.45
168.91
192.74
18.82 '74.82
256.42
95.22 52.M
3,840.08
168.61
198.97
313.95
4,064.22
83.97 5.18
2,467.65
2,85't.5',1
40,'t62.91
40,'762.91
682.42
205.83
11.04 26.O5
22.63 1,013.97
ACH
t,013.97
59.26 59.2',1
59.26 0399 Sparkletts
4365880 1l0123 Swr/Hot-Cold Water Dispeser
4365880 110123A PWHot-Cold Water Dispes€r
4355880 1101238 Wtr/Hot-Cold Wat€r Disp€ser
Total for this AcH Check for v€ndor 0399:
Total for Vendor 0399 (Sparkletts):
Tehachapi-Cummings County Wat€r Distri(
Wtr/ Pennzoil Quaker State Landscape #005399i
Wtr,/H€nway Lardscape #005400/Oct 2023
Wtr^ffaste Mgmt Landscap€ #005401/Oct 2023
Wtr/TUSD Landscap€ #0os4oZloct 2OZ3
LlDlwarrior Park l-sndscap€ #005403/Oct 2023
LLD/COT Landscaping #OO5404lOct 2023
LLD/COT Median Landscape #ffi5405/Oct 2021
WdTUSD-DN2 Lands€ap. #00 5 43 4 / Oct 2023
177.19
ACH 0426
TCCWDI162023
TCCWDI162023-A
TCCWDI162023-B
TCCWDll62023-C
TCCWDI162023-D
TCCWDI162023-E
TCCWD1l62023-F
TCCWD1l62023-G
171.19
462.91
4.50 114.49
4.50 158.52
347 .',7 |
17.53 668.44
AP Ch€cks bv Dat€ - D€tail bv Vendor Numb€r (lll15/2023 2:27 PM\ Page 2 Check No Vendor No Vendor Nrme Check Date
Refercncc
CheckAmount
Invoice No
0428
KGll723
ACH 0431
1023109028
ACH &76
329622
TCCWD I I 62023-H
TCCWD 62023-I
TCCWDI162023-J
TCCM)l162023-K
0503
1063 t l8
to674t4
WIr/TUSD-DN4 Landscapc #005435/Oc! 2023
Wts/TUSDDN 6 Lads cape ffi05431/O.t 2023
WIr/TUSD-DN 8 Landscapc *{D543ti/Oct 2023
Gc/Steubci tff dscape 11005 6 | 3 | Oct 2023
Total for this ACH Check for Vendor O[26:
Total for Vendor 0426 (TehachaplCummings County Water District):
Tehachapi Flower Shop
Sympathy Araqemsnt
Total for lhis ACH Chcck for V€ndor 0428:
Total for Vendor 0428 (Tehachapi Flower Shop):
Tehachapi News
CClNotification
Total for this ACH Check fo. Vendo! M3 1 :
Total for Vendor 0431 (Ichachapi News):
WITTS Ev€rything for the Offce
PwTraining Supplies
Total for this ACH Check for V€ndor 0476:
Total for Vendor 0476 (WTTS Everything for the Office):
Coastline Equipment
CREDIT: E-210 Retums
PWE-210 Light Kit
Total for this ACH Check for Vendor 0503:
Total for Vendor 0503 (Coasdine Equipment):
BSE Re s
PWChain Saw Repair
Toral for this ACH Check for Vendor 0543:
Total for Vendor 0543 (BSE Rens):
M&M's Sports Uniforms & Embroidery
PD/cregorio Unifolms
PD/Cregoiio Unifoms
Std Cast PlaqudKaedin Avenio€ Smilh
PD/Logo Be3nies
586.52
624.23
340.26
4.50 3,3t4.11
ACH
3,334.11
75.00 75.00
l l l .70
I I1.70
I I1.70
t17.s4
[7.54
ACH
|7.54
-14't.21
159.46
12.25 ACH 0543
34E006
ACH 1286
56907
5?000
5?155
57112
45.40 45.40
45.40 237.O4
180.84
375.80
74.26 871.98
AP Checks by Date - D€tail by Vcndor Number (ll/1512023 2:27 PM1 Total for lhis ACH Check foi Vendor l2E6:
Ch€ckNo Vendor No
Invoice No
Vendor N|me Check Drte
Reference
CheckAmount
ACH t32l
ttot2023
Total for Vendor 1286 (M&M's Spons Uniforms & Embroidery):
Culligan Water Conditioning
PD/Water Delivery Acct #2l10mlod 2023
Total for this ACH Check for Vendor 1321:
Total for Vendor 1321 (Culligan Water Conditioning):
San Joaquin Safety Shoes
Pwsafety Shoes
Total for this ACH Check for Vendor I 506:
Total forVendor 1506 (San Joaquin Safety Shoes):
AV Fuel Corporation
AII/100LL Aviation G Fuel
Total for lhis ACH Chcck for vendor 2026:
Total for Vendor 2026 (AV Fuel Corporatior):
871.98
260.50
260.50
ACH
260.50
235.93
ACH
1506
100-1388197
2026
019507258
235.93
18,662.33
t8,662.33
18,662.33
119.40
ACH 2t4'7
10265
ACH 2E33
'1914
ACH 2893
A-3288
B_796E
c-3415
D4974
E_2238
F-5850
G-7405
H-5410
I-5311
J-5151
ColTee Break Service Inc.
Cotr€e Sewices & Supplies
Total fot this ACH Check for Vendor 2147:
Total for Vendor 2147 (Coffee Break Service Inc.):
Sun Ridge Syskms Inc.
PD/Annual Subscription
Toral for this ACH Check for Vendor 2833:
Total for Vendor 2833 (Sun Ridge Systefts Inc.):
Cardmember Service
Costco- Holiday christrnas Ever
Pay-Pal/Accela Online Payme'.\tl O ct 2023
Shell FUeVK Budge
Mountain Garden Nus€ry/Park & Rid€ Plant Re
CSMFO Event/S Wier
Dropbox./K Bndge
CSMFO Du€6
Albcrtlons/Employee Marnger Meeting
Albertsonvopen Enrollrnelt
Chevron- Fuel for V-42lJ \lyatt
Total for this ACH Check for Vendor 2893:
Total for Vendor 2893 (Cardmember Service):
I19.40
119.40
64,000.00
64,000.00
64,000.00
790.r8
30.00 25.00
2,332.58
35.00 203.88
50.00 5E.97
40.84 105.46
3,671.9r
3,6?1.91
AP Checks by Date - Detail by Vendor Number (ll/15/2023 2:27 PM) Page 4 Check No Vendor No
Invoice No
Vendor Narne Check Date CheckAmount
ACH 2940
AW-A-5778
AW-B-5778
AW-C-5778
AW-D-3020
AW-E-3488
AW-F-2503
AW-G-2503
AW-H-3694
AW-I-3 | 80
AW-I-2273
AW-K-7303
AW-L-3425
AW-M-6864
AW-N-31l8
AW-O-7349
AW-P-7349
AW-Q-7349
cc-A-6841
cc-B-3454
cc-c4101
cc-D-5018
cc-E-2004
cc-F -0122
cc-G-9350
cc-H-2159
cc-t-0265
cc-J-2585
cc-K-25s8
cc-L-5221
cc-M-2191
DM-A-8576
DM-B-3647
DM-C-0576
GG-A-3467
GG-B-991I
GG-C-5007
GG-D-8737
CrG-E-9130
GG-F-9048
HJ-A-7033
HJ-B-0896
HJ-C-8033
JD-A-2071
JD-BOM99
JR-A-2898
JR-B-643s
JR-C-2385
JR-D-1430
JR-E-494?
JR-F-4941
JR-G-0041
JR-H-0387
JR-I-8956
JR-J-6623
JR-K-9684
JS-A-6271
JS-B-0040
US Bank Corporate Payment System
Gcnmn Mountain Shr€dding July 26-Aug 22 2C
DSD,{ron Mountain Shredding July 26-Aug 22 i
PD/kon Mountain Shredding July 26-Aug 22 20
IT/Amazorl- i?ad Cases
Apple.com/Final Cut Pro
League ofCA Cities Registiation/A Wlitrnorc
League ofCA Cities Rcgistration/T Malsh
Costco - Kitchen Supplies
Amazon/Webam w,A{icrophone
Costco- Men
^iy'omm
Fleece Jackets
Walgeens - Wall Photo - PD
Costco/Christmas Party Supplies
AmazonlPicture Frame
AmazoM)igital Timer
Gc/kon Mountain Shredding Aug 23-Sep 26 20:
DSD/kon Mountain Sbredding Aug 23-Sep 26 2
PD[ron Mountain Shrcd ding A'ug 23-Sep 26 2Ot
Kamerz Kafe/Coffee dThe Mayor
TME Cert Copy
TME Trade Ma* Registration
Thai HachapVChamber Lurch
WaII St€€t Joumal Subscription
PayPal- CALPELRA Conf€ienc€ Registmtion
PayPal- CALPELRA Conf€rence Registration
Adob€ Crcative Cloud
Liberated SyndcatiorvTehachaPod
EventBrit€/Adams Family Chamber Mixer
TME Monitoring Fee
Ev€ntBrite/October Luncheon
Msilchimp Subscription
Carlos Donuts- Staff Me€ting
Walmart/Public Works Recognition
JsN€y Mikes- WWTP Recognition
Gncians- Airport Planning Meeting
Walmart- Water Cooler for Suburban (Travel)
The Vin€yard Restaumnt-City KCOG
Pilot Fu€l- Suburban
In-n-Out CTC Meeting
Hilton Hampton Inr/CTC Hearing,il-odging (Gr€
CSMFO Codercnce- Anaheim,4lamed,Daisy/Su
CSMFO Conference Event- Anaheinltan 2024
CSMFO Conference - AnaheinD4-odging-Hamec
TLO Transuniods€p 2023
Chevron Fuel/TE-2 I Training
Safariland-Duty Holst€rs (Patrol)
Safariland-Uniform Belts (N€w Hir€s)
Safariland-Uniform Belts
Gov,( Inc/Pistol Flashlight
5.1I lnc/New Hire UnifomvPatrol Reserve
5.ll Incruniform Jacket
Shellback Tacticavuniform Annor Plares
Kem Data.com,Mapping Subscription
Adobe Recurring Subscription
Elite 9ll Ind,rTE-33 Service
Golden Wcst Coll€g€,tr.O.S.T. \4llarreal
ASCE
Intl Code Council
42.50 42.50
85.00 30.30
299.99
550.00
550.00
202.57
52.27 3,896.88
4.85 86.'t6
50.6r
85.00 85.00
170.00
108.41
59.00 199.00
61.00 49.99
1,140.00
1,140.00
54.99 30.00
4.08 t99.00
69.54 47.OO
34.94 157.88
30.00 86.54
t3.94
240.80
100.00
30.93 385.86
1,545.00
35.00 926.64
100.40
62.46 6M.05
123.95
t23.95
243.91
666.42
162.38
667.94
40.00 t9.99
1,400.00
347.00
130.00
160.00
AP Checks by Date - Detail by Vendor Number (ll/15/2023 2:27 PM) Page 5 Check No Vendor No
Invoice No
Vendor Name Check D{te
Reference
Check Amount
JS-C4843
JS-D-8748
KB-A-0241
KB-B-2760
KB-C-5879
KB-D- t 0l0
KB-E-1051
KB-F-8972
KB-G-4855
KB-H,7855
LA-A-2608
LA-B4324
LA-C4324
LA-D-4324
LA-E-0026
LA-F-0026
LA-G-0026
LA-H-?t l6
PD-A-5852
PD-B-3948
PD-C-3187
PD-D-ot87
RS-A-8106
RS-B-9382
RS-C-10?5
RS-C-3039
RS-D-9440
RS-E-5930
RS-F-8915
TN-A-st24
TN-A-5t 25
TN-A-s126
TN-B-1866
TN-B-t 867
TN-B-1868
TN-C-9236
TN-C-9237
TN-C-9238
TN-D-2370
TN D,2371
TN-D-23'72
TN-E-s337
TN-F-4998
TN-F-4999
TN-F-5000
TN-G-448?
TN-G-,1488
TN-G-4489
TN-H-1054
TN-H- 1055
TN-H- 1056
TN I- | 961
TN-I-1962
TN-I-1963
TN-J-s185
TN-K-7434
TN-K-7434
TN-L-9867
TN-M-5564
Uline
W3 Awards- community Relations
Amaz on- Tehachapi Hometo\rn Christmas
Artlist/Production Music & Photo Scrvices
Amaz on /Audio Equipment
Crown Awadvl€hachapi Hometown Chrisimas
Amazon/I€hachapi Hometo\r.n Christrnas
Kamenz Kafe- coffee wfihe Mayor
Amazon/Tehachapi Hom€town Christrnas
Steam Cleaners^{aterial for Grafiti Removal
PWMetal Rack Innovation/Shelving in Fleet Sh
Wtrnvl€tal Rack lnnovation/Shelving in Fleet Sh
Swr/Metal Rack Innovatior/Shelving in Fl€€t Sh
PwEastem Kem APCD - Gas Tank Change Fee
Wtr,€istern Kem APCD - Gas Tank Change Fee
S*T/Eastem Kcm ACPDGaS Tanl Change Fee
BoxHub Inc/40
'rd
Connex
CA Assoc for hop€rty & Evidenc€/Firearm Trair
Hyatt Place/Training/Lodging-Mccombs
Harrahs/Rimscon Lodging/K Ritchie
Liebertcassidy Whitrnore- Refu nd
AmazonlTraining Malerial- T€am Building
Amazon/Office Supplies
Amazon/Background Folders/Office Supplies
Anazon/Office Supplies
Amazor'/O{fi c€ Supplies
Starbucks/Coffee for Conf€renc€
Amazor/Oflicc Dcsk Supplies
S*t/Amazonlshop Supplies
Wtr/Am^zorvshop Supplies
PwAmazor/Shop Supplies
Swr/Amzz orl/Shop Supplies
Wtr/Amazon/Shop Supplies
PwAmazorl/Shop Supplies
Wft/SeeDevil- Emergency Power Back Ups
S*r/SeeD€vil- Emergenry Power Back Ups
PwseeDevil- Emerg€ncy Power Back Ups
PwNalmart/Employee Recognition
WtrnMalmarLEmployee R€cognition
Swr/Walmart/Employc€ Recognition
LLD/SP Trassig Corp- Warrior Park Playgound
Pwcostco-Employee Recognition
Wtr/Costco-Employe€ Recognitiotr
Wtr/Costco-Employe€ Recognition
Pw/Albertsons-Employee R€cognition
Wtr/Albcrtsons-Employee Recognition
Swr/Alb€ft ons-Employee Recognition
PwJersey Mikes-Employe€ Recognition
Wtr/Jers€y Mikes-Employee Recognition
Swr^ersey Mikes-Employee Recognition
LlDlsprinkler Warehouse-Irrigation Supplies
PWSprinklcr Warchous€-Irrigation Suppli€s
LlD/Sprinkler Warehous€-Inigation Supplies
Swr/Amazon/Highlighters
Pw,4laddad KIA/TE-21 Keys
PwAmazon- Brushes for Shop
Pw/Arn zon- Inigation Repair
The \tllage Collective- Tmining/Aguine
1,001.15
471.O9
318.13
809.87
479.88
142.81
64.89 102.36
t2'7.67
92.91 1,010.36
384.21
384.21
384.20
7.34 I17.33
1t1.33
2,905.49
15.00 516.l6
326.22
-100.00
190.40
61.66 r89.00
31.33 34.61
40.00 60.61
5',71.33
577.33
571.32
t75.65
920.r1
920.11
920.10
14.95 14.95
14.94 1y'09.78
22.91 22.91
22.92 2.66
2.66 2.67
124.92
124.92
124.91
2a4.16
693.61
483.85
14.06 333.32
7 t.42
80.04 58.67
AP Checks by Dale . Dehil by Vendor Number (lltlsl}0z3 2:27 PM) Page 6 CheckNo Verdoi No
Invoice No
Veirdor Nrme Check D.te
R€ference
Check Amount
TN-N-5564
TN-O-5564
TN-P-5564
TN-Q-5564
TN-R-s564
TN-5-5564
TN-T-s564
TN-U-5564
TN-V-5564
TN-W-5564
TN-X-5564
TN-Y-s564
TN-Z-5564
TN-Z-5565
2963
20779501
2071967 |
20779672
20779673
20779674
20779675
20779676
20779671
20779678
20t79679
20779869
The Mllage Collectiv€- Training/Heffeman
The Villagc Collective- Traidng/Ashlitr
Th€ Viltage Collective- Training^Villcut
The Village Collective- Tmtuing^,tacias
The Village Collectivc- Training/Napier
The Village Coilective- Trainirg^,larsh
The Village Coll€ctive- Training/canen
The Villag€ Collectiv€- Trairing/Costelloe
Thc Village Collective- Training/Whitrnore
Th€ Villagc Collective- Training/Budg€
The Village Collective- Training/Jones
The Village Collective- Trainitrg/Schlosser
The Vllage Collective- Training/Norton
The VrllaSe Collective- Training/Stanride€
Total for lhis ACH Check foi Vendor 2940:
Total for Vendor 2940 (US Bank Corporate Payment System):
AT&T
PD/Admin Phone Lines/#9391040069/Oct6-No.
GG/City Hall Line I /#9391006712/Oct 6-Nov 5
SWI/WWTP Ofrce/#9391006713/Oct 6-Nov 5 2
RR Depot/#9391006715/Ocr 6-Nov 5 2023
Swr/Lift Statior/#9391006716/Oct 6-Nov 5 202:
CC/City Hall Fax,i#9391006? 1?/Oct 6-Nov 5 20
Air/AWOS/#9391006718/Oct 6-Nov 5 2023
PWDSL Fax/#9391006719/Oct 6-Nov 5 2023
Air/Fuel SysterD/#93 91006720/Ocr 6-Nov 5 202.
Auto Dialsi 1002 Applcwood Purnp Stn/#939101
PD/Long Distance/#939l009314/Oct 6-Nov 5 2(
Total for this ACH Check for Vendor 2963:
Tot3l for Vendor 2963 (AI&T):
58.67 5t.67
54.67 58.6?
58.57 58.67
58.67 58.67
58.67 58.67
58.67 58.67
58.67 58.62
38,144.E1
ACH
38,1,f4.81
455.36
745.23
175.11
83.75 28.95
28.95 28.95
24.95 24.95
28.95 74.69
t,7t2.44
ACH
1,712.44
14,251.s2
357',l
77555t1
3730
2005607s2
200562083
EPIC Aviation LLC
Air/Jet-A Fuel
Total for this ACH Chcck for Vendor 357?:
Total for Vendor 3577 @PIC Aviation LLC):
Tractor Supply Credit Plan
Wtr/Tools
S*rnr'-4s D-Ritrgs
Total for this ACH Check for Vendor 3730:
Total for Verdor 3730 (Tractor Supply Credit Plan):
Diamond Technologies
PD/Body Cam Switchrups Install
IT^{icrosoft 365 Oct 2023
ITnv{icrosoft 365 Nov 2023
t4,257.s2
ACH
14,257.52
99.55 3E.93
138.4E
ACH 3807
.4657
34507MS
34549MS
l3E.4E
I,824.05
2467.2O
2,537.60
AP Checks by Date - Detail by Vendo. Number (ll/l5Dv3 2:27 PM) Page 7 CheckNo Vendor No
Invoice No
Vendor Nam€ Ch€ck Drte
Reference
CheckAmount
34591
34657
IT/Centric Complete/Nov€mb€r 2023 Billing
PD/Taset Projecr
25,9t2.57
1,824.05
Total for this ACH Check for Vsrdor 3807:
Total for Vendor 3807 (Diamond Tecbnologies):
34,565.47
ACH
34,565.41
1,648.11
-125.61
3840
t44155
144155-A
4063
tl122795
tl137472
ACH 4065
317643 S
317643 S-A
317643 S-B
ProPet Distributo$ Inc.
PW,/Dog Stations
Use Tax 8.24%
Total for this ACH Check for Vendor 3840:
Total for Vendor 3840 (ProPet Distributors Inc.):
Language Line Services Inc
PD/Language Translating (CREDIT)
PD/Translating Scrvices
Total for this ACH Check for Vendor 4063:
Total for Vendor 4063 (Larguage Line Sewices Inc):
Ame.ican Safety Services Inc
Pwsafety clov€s
Wtr/Safoty Gloves
Swr/Safety cloves
Total for this AcH Check for Vendor 4065:
Total for Vendor 4065 (Arnerican Safety Services Inc):
Alpha Technologies & Alarm Systems Inc
PWFire Alarm Monitoring
Total for this ACH Check for Vendor 407E:
Total for Vendor 4078 (Alpha Technologies & Alarm Syslems Inc):
California Rural Water Association
Wtr/Annual CRWA Membership/Nov 2023-Nov
Total for this ACH Check for Vendor 41 84:
Total for Vendor 4184 (Califomia Rwal Watei Association):
Waste Management (ACH)
Pw4oyrd Bin # 18-94373-03004/Oct 2023
Sw/Street Sweeper Dumpsts 42243626'O300a
Wtr^Uater Shop Propane #19-17983-8300E/Oct
t,522.50
ACH
|,522.50
-56.62
206.94
150.32
90.95 16.75
|.91
\9.61
119.67
336.00
ACH 4078
202098
ACH 4184
cRwAl03023
336.00
336.00
649.50
649.50
ACH 4230
0012459-4808-6
0012466-4808- 1
017 t't294792-5
u9.50
57r.56
2,757.66
129.45
34s8.6',1
AP Checks by Date - Ixtail by Vendor Nunb€r (l I ll5/2023 2.27 PNI) Total for tbis ACH Check for Vendor 4230:
Check No Vendor No
Invoice No
Veodor Narn€ Check D.te
Reference
CheckAmount
ACH 4287
257 -1-l t1063
Total for Vendor 4230 (Wasre Management (ACH)):
Red Wing Shocs
Pwsefety Boots
Total for tbis ACH Ch€ck for Vendor 4287:
Total for Vendor 4287 (Red Wing Shoes):
Remote Satellite Systems ltrt'l
GG/Sat Phone Servic€Accr #12738
Total for lhis ACH Ch€ck for Vendor 4380:
Total for Vendor 4380 (R€mote Satellite Systems Int'l):
Orkin
GG/Pest Control #3371 I 704
DSD/Pest Conhol #337 1 l 7M
Total for lhis ACH Check for Vendor 43 89:
Total for Vendor 4389 (Orkin):
Springbrook Holding Co. LLC
Pay-Pad Transaction Fees/Feb 2023
Pay-Pad Transaction Fe€VOct 2023
Total for this ACH Check for Vendor 4,(D:
Total for Vendor 21400 (Springbrook Holding Co. LLC):
Marsh & Mclennan Agency
FIC Policy #8261196E- Waiver ofRecourse Cov
Total for this ACH Check for V€ndor ,f481 :
Total for Vendor 448 I (Marsh & Mcl€nnan Agency):
iwater Inc.
PWMy 8ll Tickets
WtrA,ly 811 Tickets
S*r/My 8I I Tickets
Total fo! this ACH Ch€ck for V€trdor 4485:
Total for Vendor 4485 (iWaler Inc.):
Linde Gas & Equipment Inc
Pwlndustrial Acetylen€
Wtr^ndustrial Acetylene
3,454.67
244.63
ACH
ACH
244.63
3,837.00
4380
00124842
4389
250694954
250695t37
4400
INV-012194
INV-o15157
3,E37.00
ACH
3,837.00
86.99 86.99
173.98
ACH
173.98
783.40
778.10
|,562.t0
1,562.10
25.00 4481
2448369
4485
9'767
9767-A
9767-B
ACH 4569
39i70256
39070256-A
25.00 ACH
25.00 2,000.00
I,000.00
t,000.00
4,000.00
4,000.00
768.55
329.38
AP Checks by Date - D€tail by Vedor Number ( 1 1/1 5/2023 Check No Vendor No
Invoice No
Vendor Nam€ Check Dat€
Refercnce
Ch€ckAmouDt
Total for this ACH Check for vendor 4569:
Total for Vendor 4569 (Linde Gas & Equipment Inc):
Total for lhis AcH check for vendot 4623:
Total for Vendor 4623 (Wallace Group):
Total for lhisACH Check for Vsndor 4641:
Total for Vendor 4g I (Ten-West Towing, Inc-):
Total foi lhis ACH Check for Vetrdor 4655:
Total for Vendor 4655 (esri):
Total for ftis ACH Check foi Vendor 4660:
Total for Vendor 4660 (Karls Hardware):
1,097.93
t,@7.93
393.15
ACH 4623
60647
ACH 4641
2023-29366
4655
94602885
ACH 4660
tt49t4
4685
67469
67469-A
ACH 4692
21265
ACH 4756
Rl1t32023
Wallace Group
Swr/Fog Piogr"am
Tetr-W€st Towing, Itrc.
PWTE-l2 Tow
csn
CE/Annual Subscription
i93.75
393.7s
299.70
299.70
ACH
299.10
1,210.00
1,210.00
1,210.00
55.61 ACH
Karls Hardware
Wtr/Tools
SealMaster Bakersfield
Strts/Crack Seal Goodrick
Air/Cmck Seal Goodrick
55.61 1,495.35
1,495.36
Total for this ACH Check for Vendor 4685:
Total for Vendor 4685 (SeaMaster Bakersfield):
Fire & Police Selection Inc.
PD/Off icer Candidale Tcsting
Tolal for this ACH Check for Vendor 4692:
Total for Vendor 4692 (Fire & Police Selection Inc.):
Race Telecoomunications LLC
Payment Overag€/Btdg Perhi(s) BLD22-00342
2,990.',7 |
2,990.71
20.00 20.00
20.00 18.00
AP Checks by Date - Detail by Vendor Number (llll5/2023 2:27 PM) Page l0 Chcck No Vetrdor No
Iovolcs No
Vfldor Nrnc Check DrtG
Refcrctrce
CheckA4o[Bt
Tot l for ftis ACII ChecL fG V€odor 4756:
Totrl for Vends 4756 (Race t8.00
Report Total (43 chccks); 24r'.,t7t.69
AP (noc&s by Datc - Detail by VdG NuEbct (ll/5n023 2.27 PllN'd\ Page I I Accounts Payable
Checks by Date - DetailbyVendorNumber
User:
hinle&
checlNo VerdorNo
Involce No
afrescas
l1ll5l20l3 2:29PM
VcDdor Nrmc
CITY OF
Ch€ck Drte
CALIFORN}A
Ch€ckA.mount
ACH 0362
03930!2
0393280
0t93576
0393849
RSI Pebol€um ho&rc1s
Pwrunh.drd cr8
PW hl€.rkd Gar/Did€l F\61
Pwrulbadd Gas
P$rrutrIeadd Gas/Didcl Ftel
6,319.09
5,342.32
4?0s.s5
4,9E8J8
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21,355.v
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CITY OF TEHACHAPI
INVESTMENT REPORT
October 31, 2023
PURCHASE MATURITY ACCOUNT/ STATED PAR PURCHASE MARKET YIELD TO
DATE DATE CUSIP INSTITUTION RATE AMOUNT AMOUNT VALUE MATURITY U.S. TREASURY SECURITIES
04-06-22 03-31-25 9128284F4 US Treasury Note 2.63 250,000.00 250,000.00 241,045.00 2.63 TOTAL U.S. TREASURY SECURITIES $ 250,000.00 $ 250,000.00 $ 241,045.00
GOVERNMENT AGENCY ISSUES
08-10-22 c 02-09-24 3133ENNE6 Federal Farm Credit Bank 1.23 500,000.00 486,423.50 494,090.00 3.10 04-25-22 c 04-25-24 3130ARMY4 Federal Home Loan Bank 2.65 1,000,000.00 1,000,000.00 986,050.00 2.65 07-14-22 c 07-14-25 3134GXZT4 Federal Home Loan Mortgage Corp 4.00 500,000.00 500,000.00 488,305.00 4.00 04-28-22 c 04-28-26 3130ARN64 Federal Home Loan Bank 3.13 250,000.00 250,000.00 237,987.50 3.13 08-10-22 08-03-26 3133END80 Federal Farm Credit Bank 3.00 500,000.00 501,864.50 473,170.00 2.90 04-06-22 04-05-27 3133ENTS9 Federal Farm Credit Bank 2.60 250,000.00 249,070.25 230,970.00 2.68 04-28-22 c 04-28-27 3130ARMP3 Federal Home Loan Bank 3.23 250,000.00 250,000.00 234,145.00 3.23 c = callable
TOTAL GOVERNMENT AGENCY ISSUES $ 3,250,000.00 $3,237,358.25 $3,144,717.50
CERTIFICATES OF DEPOSIT
12-20-22 12-20-23 20825WBH2 Connexus Credit Union 5.00 248,000.00 248,000.00 247,910.72 5.00 12-23-22 12-26-23 26948GAF1 Eagle Community Credit Union 5.00 248,000.00 248,000.00 247,843.76 5.00 08-12-22 08-12-24 05580AP24 BMW Bank 3.25 246,000.00 246,000.00 241,387.50 3.25 12-23-22 12-23-24 9497634P8 Wells Fargo Bank 4.50 249,000.00 249,000.00 245,678.34 4.50 12-27-22 12-27-24 130162AQ3 California Credit Union Glendale 4.85 248,000.00 248,000.00 245,572.08 4.85 04-07-22 04-07-25 02589AC34 American Express National Bank 2.55 246,000.00 246,000.00 235,466.28 2.55 04-08-22 04-08-25 87165HM98 Synchrony Bank 2.55 246,000.00 246,000.00 235,414.62 2.55 04-13-22 04-14-25 38149M4S9 Goldman Sachs Bank 2.55 246,000.00 246,000.00 235,333.44 2.55 12-23-22 06-23-25 920133AK1 Valley Strong Credit Union 4.80 249,000.00 249,000.00 245,576.25 4.80 08-10-22 08-11-25 795451CB7 Sallie Mae Bank 3.35 245,000.00 245,000.00 235,425.40 3.35 08-17-22 08-13-25 07371DEU7 Beal Bank USA 3.20 246,000.00 246,000.00 235,741.80 3.20 10-04-23 10-02-25 59013KXB7 Merrick Bank 5.30 248,000.00 248,000.00 246,368.16 5.30 12-29-22 12-29-25 31850LAE9 First American State Bank 4.30 249,000.00 249,000.00 242,535.96 4.30 01-06-23 01-06-26 20416TAX0 Communitywide Federal Credit Union 4.70 249,000.00 249,000.00 244,572.78 4.70 04-13-22 04-13-26 14042TFH5 Capital One Bank 2.65 246,000.00 246,000.00 230,391.30 2.65 10-17-23 10-16-26 16141BAS0 Chartway Federal Credit Union 5.40 248,000.00 248,000.00 249,418.56 5.40 12-21-22 12-21-26 25844MAL2 Dort Financial Credit Union 4.40 247,000.00 247,000.00 241,254.78 4.40 12-21-22 12-21-26 01664MAA4 All In Federal Credit Union 4.45 249,000.00 249,000.00 243,531.96 4.45 08-10-22 08-10-27 14042RTN1 Capital One NA 3.40 245,000.00 245,000.00 232,669.15 3.40 10-06-23 10-06-27 75102EAV0 Raiz Federal Credit Union 5.10 248,000.00 248,000.00 245,197.60 5.10 12-21-22 12-21-27 51828MAC8 Latino Community Credit Union 4.50 249,000.00 249,000.00 240,436.89 4.50 12-29-22 12-29-27 45157PAZ3 Ideal Credit Union 4.50 249,000.00 249,000.00 240,434.40 4.50 12-30-22 12-30-27 01882MAA0 Alliant Credit Union 4.85 249,000.00 249,000.00 243,646.50 4.85 10-19-23 10-19-28 39573LEP9 Greenstate Credit Union 5.15 248,000.00 248,000.00 245,520.00 5.15 10-30-23 10-30-28 91739JAD7 Utah First Credit Union 5.10 248,000.00 248,000.00 244,994.24 5.10 TOTAL CERTIFICATES OF DEPOSIT $6,189,000.00 $6,189,000.00 $6,042,322.47
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
n/a n/a 98-15-914 State of California LAIF 3.67 157,798.48 $157,798.48 157,798.48 3.67 TOTAL LAIF ACCOUNTS $ 157,798.48 $157,798.48 157,798.48
CALIFORNIA ASSET MANAGEMENT PROGRAM
n/a n/a 6128-001 CAMP Investment Pool 5.56 9,328,977.16 $9,328,977.16 9,328,977.16 5.56 TOTAL CAMP ACCOUNTS $ 9,328,977.16 $9,328,977.16 9,328,977.16
JOINT POWERS AUTHORITY POOL
CHANDLER ASSET MANAGEMENT
n/a n/a 99CAMBX$1 CSJVRMA Investment Pool $2,377,446.92 $2,377,446.92 2,200,168.43 TOTAL MUTUAL FUNDS $ 2,377,446.92 $2,377,446.92 2,200,168.43 SUBTOTAL OF ALL POOLED INVESTMENTS $ 21,553,222.56 $ 21,540,580.81 $ 21,115,029.04
INVESTMENTS
1 CITY OF TEHACHAPI
INVESTMENT REPORT
October 31, 2023
BANK
STATEMENT
ACCOUNT NAME INSTITUTION BALANCE
CITY OF TEHACHAPI BANK ACCOUNTS
General Checking Bank of the Sierra 783,372.70
Police Department Bank of the Sierra 12,951.62
Water Deposit Trust Bank of the Sierra 127,501.50
Flexible Spending Account Bank of the Sierra 3,713.68
Airport Credit Card Sales Bank of the Sierra 45,254.69
Ashtown Water Escrow Bank of the West 113,770.51
TOTAL CITY OF TEHACHAPI BANK ACCOUNTS $ 1,086,564.70
PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO
DATE DATE FUND NUMBER RATE COST VALUE MATURITY
BOND PROCEEDS
$ - $ -
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 5.00 63.01 63.01 5.00 n/a n/a 17AB TABS INTEREST 993547 5.01 8,451.62 8,451.62 5.01 n/a n/a 17A TABS RESERVE 993695 5.01 198,815.58 198,815.58 5.01 n/a n/a 17B TABS RESERVE 993734 5.01 203,429.47 203,429.47 5.01 TOTAL TEHACHAPI 2017 TAX ALLOCATION BONDS $410,759.68 $410,759.68 Cash in Bank Accounts $ 1,086,564.70
Pooled Cash Investments $ 21,115,029.04
City Fiscal Agent Cash $ -
Subtotal $ 22,201,593.74
Successor Agency Fiscal Agent Cash $ 410,759.68
Grand total $ 22,612,353.42 *
Investment Policy Statement
All investments are in full compliance 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.
POOLED CASH BANK ACCOUNTS
CITY FISCAL AGENT CASH
RDA SUCCESSOR AGENCY FISCAL AGENT CASH
SUMMARY OF CASH AND INVESTMENTS
2 CITY OF
APPROVED
DEPARTMENT HEAD:-
CITY MANAGER:_
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER20,2023 AGENDA SECTION: AIRPORT
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, A!RPORT MANAGER
DATE: NOVEMBER L5,2023
SUBJECT: AERONAUTICAT HANGAR GROUND LEASE AGREEMENT - HANGAR 55W
BACKGROUND
Stephen and Jenna Samuelian recently purchase hanger 55W located ate the Tehachapi MunicipalAirport. The attached Aeronautical Ground Lease Agreement has a term starting on December L,2023.
FISCAL IMPACT
Rental Payment:
SfZS.OO/ month
S2,t00.00/ year
RECOMMENDAT!ON
APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 56W BETWEEN THE CITY OF TEHACHAP!AND STEPHEN AND JENNA SAMUELIAN
AERONAUTICAL GROUND LEASE AGREEMENT
(Tehachapi Airport)
THIS LEASE AGREEMENT, hereinafter referred to as this "Lease", is made and entered into this 20th day of November,2023, by and between the CITY OF TEHACHAPI, hereinafter referred to as "LESSOR", and Stephen and Jenna Samuelian, hereinafter referred to as ..LESSEE'.
!N CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HERE!N, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PREMISES:
LESSOR does hereby demise and lease to LESSEE, and LESSEE hereby hires from LESSOR, those certain premises situated in the City of Tehachapi, County of Kem, State of California, hereinafter referred to as the "premises" or "demised premises", and more particularly delineated on Exhibit A, attached hereto and by this reference made a part hereof.
2. TERM:
The term of this Lease shall be for 20 years, commencing on December 1, 2023 and terminating on November 31 ,2043 (the "lnitial Term"). LESSEE is hereby granted option to renew the LEASE for an additionalterm of five years from the expiration of the lnitial Term, and for a second additional term of five years, provided LESSEE gives LESSOR written notice of LESSEE'S exercise of its option to do so no more than 180 days and no less than 30 days prior to the expiration of the lnitial Term or the first additional term whichever applies. ln the event LESSEE exercises its option to renewthe Lease, the renewalshall be such terms and conditions as determined by the LESSOR.
As to the rentalto be charged, same shall be calculated based on the rental rate or rentalformula then in effect by the LESSOR for new aeronautical hangar ground leases. ln addition, the rental terms for the renewal period shall include requirements for such increases as is then required by the LESSOR fornew aeronautical hangar ground leases.
3. HOLDING OVER:
In the event LESSEE shall hold over after the term herein granted with the expressed or implied consent of LESSOR, such holding over shall be a tenancy only from month to month at twice the rental rate then charged for noncommercial hangar ground leases,' provided, however, that if LESSEE is otherwise in default under this Lease at the time of holding over, nothing herein shallexpressly or impliedly cure the default and LESSOR shal! have all rights to remedy the default 1of15
in addition to all rights to the increased monthly rental provided for herein.
4. RENTALCONSIDERATION:
As and for rental, LESSEE agrees to pay to LESSOR, the sum of $175.00 per month payable in advance on the first day of each month commencing December 1, 2023. On January 1 of each calendar year thereafter, the monthly rental shall increase or decrease for said calendar year by the percentage increase or decrease between the Consumer Price lndex (All Urban Consumers) (Base Years 1982-19U=100) for Los Angeles-Anaheim-Riverside CMSA published by the United States Department of Labor, Bureau of Labor Statistics ("lndex") which is published immediately preceding the commencement of the prior calendar year and the lndex published immediately preceding the commencement of the new calendar year. LESSOR shall notifu LESSEE in writing of said rental increase/decrease prior to January 1. LESSOR shall bill LESSEE monthly for the rental and rental shall be due on the date set forth on the billing and shall be deemed delinquent if not received by that date. Notwithstanding the foregoing, rental may also be increased as described in Paragraphs 15 and24.
5. INTEREST:
lf the payments required herein are not paid afterthey become due, then, in addition to such sums, LESSEE shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid infull.
6. PURPOSE: NUISANCE:
(a) The demised premises shall only be used by the LESSEE for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These usesinclude:
. storing active aircraft;
o maintenance, repair, or refurbishment of aircraft, but not indefinitely storing nonoperational aircraft; . constructing amateur-built or kit-built aircraft provided that activities are conducted safely;
. storing aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use;
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a storing materials related to an aeronautical activity, e.9., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars'primaryuse; storing non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar, e.9., televisions and fumiture;or parking a vehicle at the hangar while the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
(b) LESSEE shal! not do or permit any act or thing to be done upon the premises which is in conflict with the Federal Aviation Administration's Hangar Use Policy which is incorporated herein by this reference and as amended from time-to-time, or locally adopted hangar use policy, if any, and as adopted or amended from time-to-time hereafter, which is incorporated herein by this reference. ln the event any of LESSEE'S uses are for commercial activities as determined by LESSOR in its sole discretion, LESSEE shal!first obtain a business license from LESSOR prior to conducting any such commercial activity. Additionally, LESSEE shall not permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of LESSOR or any tenant of LESSOR on adjacent or neighboring property. LESSEE shall abate or cure any non-permitted use or nuisance on the demised premises or for which LESSEE is responsible within ten (10) days after written notice thereof from LESSOR. ln the event LESSEE has not taken conective action within ten (10) days, LESSOR may take any action necessary to abate or cure such condition at LESSEE'S sole cost and expense, without further written notice and LESSOR will use its reasonable best efforts to limit the physical damage incurred to hangar or property to cure such condition. LESSOR shall have no liability to LESSEE therefore nor for any damages to the premises or to the hangar or to property therein or thereon. (c) Notwithstanding theforegoing, if any such nuisance creates, in LESSOR'S reasonable determination, a condition immediately hazardous to health or safety, LESSOR may immediately, without written notice to LESSEE, enter the premises to abate or cure the condition at LESSEE'S sole cost and expense and LESSOR will use its reasonable best efforts to limit the physical damage incurred to hangar or property to cure suchcondition.
(d) The demised premises shall not be used for residentialpurposes and neither LESSEE nor any principal, employee, or representative of LESSEE shall live or reside on the demised premises or any structure or hangarthereon nor shall LESSEE allow the demised premises or any 3of15
a
o
structure or hangar thereon to be used for living or residential purposes. The determination of weather someone is living or resided on the demised premises or structure thereon shall be made by the LESSOR in its sole and absolute discretion.
7. GONDITION OF PREMISES:
LESSEE has inspected the demised premises and knows the extent and condition thereto and accepts same in its present condition, as is, subject to and including all defects, latent and/or patent.
8. SAFETY:
Any area that is within the control of the LESSEE at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potentialfire, environmental, or safety hazards, and LESSEE shall comply with all local, state and federal laws, statutes, rules and regulations with regard thereto. LESSOR shall maintain undeveloped grounds adjacent to demised property in a condition consistent with current city and county firecode.
9. ALTERATIONS:
LESSEE shall not construct any improvements or make any alterations of any kind (whether permanent or otherwise) on the demised premises without the written consent of the City Manager or designated representative first being obtained. Additionally, all federal, state, and local building regulations must be complied with for any improvement or alteration to buildings or structures on the premises.
10. SIGNS:
LESSEE shall not construct or place or permit to be constructed or placed, signs, awnings, marquees, or other structures projecting from the exterior of the premises without LESSOR'S prior written consent thereof. LESSEE further agrees to remove signs, displays, advertisements, or decorations it has placed or permitted to be placed on the premises, which, in LESSOR'S opinion are offensive or otherwise objectionable. !f LESSEE fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from LESSOR, LESSOR reserves the right to re-enter the premises and remove them at LESSEE'S expense.
11. UTILITY EXTENSION OR MODIFIGATION:
LESSEE shall pay any and all expenses that may beincurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same. 4 of 15
12. UTILITIES:
LESSEE agrees to pay during the term of this Lease, or any holding over, all utilities used by LESSEE. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
13. MAINTENANCE:
LESSEE agrees to provide maintenance, repair, and upkeep on any structures situated on the demised premises and grounds around the structures in a good, clean, sanitary and safe condition.
14. FAILURE TO REPAIR:
!n the event LESSEE shall fail, neglect, or refuse to commence the repair or maintenance work required herein within thirty (30) days after receipt of a written notice service by LESSOR, or in the event that LESSEE fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, LESSOR may perform or cause to be performed such repair or maintenance work and add the cost thereof to the installments of rent due for this Lease as a charge to LESSEE. lf such repair is determined by the LESSEE to be economically unfeasible, either party shall have the option of terminating the agreement with LESSEE, and at LESSES'S cost, returning the demised propefi to its original pre-agreementcondition.
15. SALE OR REMOVAL OF IMPROVEMENTS:
(a) Unless otherwise agreed upon by the parties hereto, if LESSEE desires to sell or otherwise transfer any or all buildings, hangars and other improvements (the "lmprovements") made to or constructed and placed on the premises during or prior to the term of this Lease, or any extensions thereof, LESSOR shall have a right of first refusal (the "Right of First Refusal") to purchase the improvements and the LESSEE shall give LESSOR a notice in writing at least thirty (30) days before such sale or transfer of the terms of same (the "Lessee Notice"). Any sale or transfer or agreement to sell or transfer the lmprovements without LESSEE first complying with the requirements of LESSOR'S Right of First Refusal shall be void and, in addition thereto, shall constitute a breach and materialdefault of this Lease. lf LESSEE has received an offerto purchase the lmprovements that LESSEE is prepared to accept, the Lessee Notice shall contain a complete copy of the offer (the "Offe/'), or if LESSEE does not have any such Offer but nevertheless wishes to sell or transfer the lmprovements to a third party, the Lessee Notice shall include all of LESSEE'S terms and conditions for such sale or transfer. Lessor's Right of First Refusal to purchase the lmprovements shall be under the same terms and conditions as described in the Lessee Notice. 5of15
The Lessee Notice shall be personally delivered or mailed to LESSOR by registered mail, return receipt requested. LESSOR shall have thirty (30) days from receipt of the Lessee Notice in which to exercise its Right of First Refusal (the "Exercise Period"). lf LESSOR wishes to exercise its Right of First Refusal, LESSOR shalldo so in writing to LESSEE priorto expiration of the Exercise Period, provided however that if the Exercise Period terminates on a weekend or holiday, the Exercise Period shall be extended to 11:59 PM (California time) on the next business day thereafter. ln the event LESSOR exercises its Right of First Refusal, LESSOR shall complete the purchase of the lmprovements within reasonable amount of time. lf LESSOR does not exercise its Right of First Refusal, LESSEE shall have the right, only for the next sixty (60) days, to complete the sale or transfer of the improvements to the offer or of the offer, or, if none, to any other third party under the same terms and conditions as described in the Lessee Notice, provided howeverthat if the sale or transfer is not completed within sixty (60) days of the expiration of the Exercise Period or if the terms and conditions of the sale or transfer are modified, then LESSOR'S Right of First Refusal shall be revived and LESSEE shall once again give LESSOR the Lessee Notice containing the terms and conditions or, if applicable, the revised terms and conditions of the sale or transfer and LESSOR shall have all rights with regard thereto previously described herein. LESSEE shall not place a lien or otherwise encumber the lmprovements as part of any sale or transfer without LESSOR'S prior written consent, which consent may be denied or conditioned in LESSOR'S sole and absolute discretion. lf a sale is completed during the term of this Lease, no assignment or subletting of this Lease or of the premises shall occur without compliance with Paragraph 24 and, additionally, LESSOR shall have the right to increase the rental to the rentalthen being charged by LESSOR for new aeronautical ground leases as then determined by LESSOR. Notwithstanding the foregoing, if the purchaser of the lmprovements requests a new Lease, LESSOR may, in LESSOR'S sole and absolute discretion, enter into a new Lease with thepurchaser. @) lf at the termination of this Lease a new Lease has not been entered into by the parties or their successors, then LESSEE shall remove the lmprovements and all fixtures and contents therein no later than 30 days after the expiration of the Lease Term without unnecessary damage to the premises and during the 30 day period after expiration of the Lease Term LESSEE shall pay rental to Lessor as a holdover tenant pursuant to Paragraph 3 of this Lease. lf LESSEE does not effect such removal, LESSOR shall have the right to do so and LESSEE shall be obligated to LESSOR for the costs thereof; provided, however, that all right, title and interest in and to the 6of15
lmprovements without their removal may be acquired by LESSOR upon terms and conditions mutually agreeable to both LESSOR and LESSEE. Notwithstanding the foregoing, if LESSEE has failed to effect the removal as required herein and LESSOR and LESSEE have not agreed upon the terms by which LESSOR would acquire the lmprovements, LESSEE shall be in breach of this Agreement and LESSOR shall have all rights described in Paragraph 28 of this Lease with regard thereto.
16. COMPLIANCE WITH LAW:
LESSEE shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements and orders whatsoever, present or future, of the national, state, county, or city governments which may in any way apply to the use, maintenance, or occupation of, or operations on the demised property.
17. RIGHT OF INSPECTION:
LESSOR shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and LESSEE'S operations thereon. LESSOR reserves all rights in and with respect to the premises, not inconsistent with LESSEE'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of LESSOR to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as LESSOR may deem desirable in connection with the development or use of the demised premises or any other property on the airport or in the neighborhood of the premises. LESSOR shall compensate LESSEE for any and alldamage to LESSEE'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
18. INDEMNIFIGATION:
LESSEE agrees to indemniff, defend (upon request by the LESSOR) and save harmless the LESSOR, its Council persons, agents, officers and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, actions, and damages, including liability for injuries to person or persons, or damage to propefl of third persons arising out of or in any way connected with (a) the LESSEE'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of thisLease or any holding over. The 1 of 15
foregoing obligations of Lessee shall survive the expiration or earlier termination of this Lease.
19. WORKERS COMPENSATION:
LESSEE agrees to observe and obey the Workers' Compensation Act of the State of California as from time to time amended and will indemnifo and save and hold harmless LESSOR from any and all liability hereunder.
20. LIABILITYINSURANCE:
LESSEE, in orderto protect LESSOR, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of LESSEE'S use, occupancy and/or operation of the demised premises or in a connection therewith, shall secure and maintain in force during the entire term of this Lease and covering all LESSEE'S operations and activities on the airport, a Comprehensive General Liability insurance policy in the amount of $1,000,000 with a reliable insurance carrier approved by the City and authorized to do such public liability and property damage insurance business in the State of California. Said policies of insurance:
(a) shallexpressly name LESSOR, Council persons, agents, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LESSOR possesses, and any other insurance that LESSOR may possess shall be considered excess insurance only: and
(c) shall contain a Severability of lnterest or cross liability clause, which is to say, such policy shall act as though a separate policy were written for each insured and additional named insured in the policy;and
(d) shall not be subject to cancellation and/or coverage reduction withoutthirty (30) day's priorwritten notice to LESSOR.
\A/ithin ten (10) days from the date of the Lease, LESSEE shall file with the City Manager a duly certified Certificate of !nsurance evidencing that the hereinabove mentioned public liability and property damage (and hangar-keeper liability, where applicable) provisions have been complied with, and setting forth that LESSOR, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that LESSEE shall fail to obtain or thereafter maintain such policies or to furnish evidence thereof to LESSOR, LESSOR may, in LESSOR'S sole discretion, (1) procure the same, pay the premium therefore, and collect same with the next payment of rental due from LESSEE, or (2) terminate this Lease pursuant to Paragraph 28 hereof. 8of15
21. TAXES AND ASSESSMENTS:
LESSEE agrees to pay all taxes and/or assessments levied by any governmental agency upon any interest acquired by LESSEE under the terms of this Lease. Providing further, that LESSEE is aware that certain possessory interests may be created by entering into this Lease and that LESSEE will be subject to the payment of property taxes levied on such interests.
22. LEASE SUBORDINATE TO AGREEMENTS WITH UNITED STATES
GOVERNMENT:
This Lease shall be subordinate to the provisions and requirements of any existing or future agreements between the LESSOR and the United States relative to the development, operation or maintenance of the Airport.
23. AERONAUTICALRESTRICTIONS:
(a) There is hereby reserved to LESSOR for the use and benefit of the public a right of flight forthe passage of aircraft in the air space above the surface of the demised premises.
This public right of flight shall include the right to cause in said air space any noise inherent in the lawful operation of any aircraft used for navigation or flight through the said air space or landing at, taking off from, or operation on the TehachapiAirport.
(b) LESSEE shall not erect or permit the erection of any structure, building, or object of natural growth or other obstructions on the demised premises above the maximum elevation permitted by the Federal Aviation Administration. ln the event the aforesaid covenant is breached, same shall be deemed a nuisance and a material breach of this Agreement and City shall have all rights described under Paragraph 6 (b) to abate the nuisance and City shall have all other rights and remedies available at law or inequity. (c) LESSEE shall not make use of the demised premises in any manner, which might interfere with lawful air navigation and communication, the landing or taking off of aircraft from Tehachapi Airport, or othenrise constitute an airport hazard. ln the event the aforesaid covenant is breached, LESSOR reserves the right to enter on the demised premises and cause the abatement of such interferen@ at the expense of LESSEE. (d) LESSOR reserves the right to further develop or improve the landing area at the Tehachapi Airport as it sees fit regardless of the desires or views of LESSEE, and without interference or hind rance.
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(e) LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area at the TehachapiAirport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the LESSEE in this regard.
Provided, however, that in the event of the taxiways or runways at the airport are determined to be unfit for aeronautical use by the FAA or by LESSOR or by the Aeronautical Division of the California Department of Transportation, or the airport ceases to be operated as an airport, then this Lease may be terminated by LESSEE, at its option, by its giving of at least thirty (30) days written notice thereof LESSOR.
(f) Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
24. SUBLETTING:
(a) LESSEE shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LESSOR, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(D Any assignment or sublease shall be in writing and shall provide thatthe assignee or sublessee shallagree to and be bound by all of the terms and conditions of the Lease; (iD The assignee or sublessee shall secure and maintain in force during the entire term of such sublease or assignment a liability insurance policy or policies in conformity with the requirements of Paragraph 20, liability lnsurance, with respect to any aircraft hangered on the premises that are owned by sublessee or assignee or other third party; and (iiD A rental adjustment, which shall be, based on the rentalthen in effect by LESSOR for new aeronautica! ground leases.
(b) ln the event of an attempted assignment or subletting in violation of the foregoing provisions, then in addition to any and all other rights and remedies avaihbb to it, the LESSOR may, at its option, by written notice to the LESSEE, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2) terminate this Lease and all rights and interest of LESSEE and all other persons hereunder pursuant to Paragraph 28. Any consent by the LESSOR to any assignment or sublease, shall not be deemed or construed as a consent to any different or subsequent assignment or sublease. The remedies available herein are cumulative with all other remedies available under this Lease or at law or in equity and the exercise of any 10 of 15
remedy herein or under this Lease or at law or in equity shall not prevent the exercise of any other remedy provided herein or in this Lease or at law or in equity.
25. RIGHT OF INGRESS AND EGRESS:
LESSEE shall have the reasonable right-of-way over property owned and controlled by LESSOR for ingress thereto and egress there from for pedestrian, vehicular, and air travel, together with the right to use in common with other LESSEE'S or licenses or LESSOR the airplane landing field adjacent to the demised premises. None of these rights are exclusive but shall be exercised in common with and subject to possible similar rights of other users of the airport. All the forgoing is subject to such reasonable rules and regulations as the LESSOR or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.
26. BANKRUPTCY:
!n the event that (a) LESSEE shall file a voluntary petition in bankruptcy or shall be adjudged a bankrupt in any voluntary bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of LESSEE shall be instituted by anyone other than LESSEE under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for LESSEE, or any lien or any writ of attachment, garnishment, execution or distrait shall be levied upon any LESSEE'S rights or interest under this Lease; or (d) there shall be any other assignment of any LESSEE'S rights or interests under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, LESSOR may, at its option by written notice to LESSEE, terminate this Lease and all rights and interest of LESSEE and all other persons under this Lease. The term "LESSEE', as used in this paragraph, includes any individual, partnership, or corporation who is a LESSEE hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is LESSEE hereunder.
27. WAIVER OF BREACH:
The waiver by LESSOR of any breach by LESSEE of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach ofany other provisions contained herein. 11 of 15
28. BREACH:
(a) ln the event of a breach by LESSEE of any term, condition, or agreement herein contained, LESSEE shall have 30 days to cure the breach after written notice has been given to LESSEE by LESSOR, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then LESSEE shall have commenced reasonable efforts to cure same within said period. ln the event of LESSEE'S failure to cure or commence the cure of any such breach within 30 days this Lease and all privileges herein granted shall be terminated and be of no further force or effect, and LESSEE shall immediately surrender to LESSOR possession of the premises, and in addition to all other remedies available to LESSOR hereunder or at law or equity, LESSOR shall have the remedies either to remove the lmprovements on the premises at the expense of LESSEE or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event LESSEE allows a nuisance to exist on the premises as described in Paragraph 6 of this Lease, LESSEE shall abate the nuisance as required therein and nothing herein shall be deemed to waive or modiff the requirements and remedies described in Paragraph 6. Providing further, that in the event LESSEE breaches this Lease and abandons the property before the end of the term, if LESSEE'S right to possession is terminated by LESSOR because of breach of this Lease, LESSOR shall have the right to recover damages from LESSEE as provided in the State of California Civil Code Section 1951.2.
(b) ln the event of a breach by LESSOR of any term, condition, or agreement herein contiained, that deprives LESSEE in any manner, in whole or part, of its quiet enjoyment of the demised premises or its right to utilize them fully as described in Paragraph 6 hereof, or of its rights of ingress and egress described in Paragraph 25 hereof, LESSEE shall not be obligated to LESSOR for any rental payments otherwise due and payable for the period of such breach.
29. NEGATION OF PARTNERSHIP:
LESSOR shall not become or be deemed a partner or joint venture with LESSEE or in any other relationship with LESSEE other than that of landlord and tenant by reason of the provisions of this Lease nor shall LESSEE for any purpose be considered an agent, officer, or employee of LESSOR.
30. SURRENDER OF PREMISES:
On the Iast day of the term, or extension thereof, or soonertermination of this Lease, and subject to the rights and remedies of LESSOR and LESSEE described in Paragraph 15 hereof, 72 of 15
LESSEE shall peaceably and quietly leave, surrender and yield up to the LESSOR the demised premises in as good condition and repair as at the commencement of LESSEE'S occupancy, reasonable wear and tear thereof excepted.
31. ENTIRE AGREEMENT:
This Lease contains all agreements of the parties with respect to the subject matter described herein. No prior agreements or understandings whether oral or in writing pertaining to any such matter shall be effective or of any force or effect.
32. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kern County, California. This Lease shall be governed by and construed in accordance with the laws of the State of California.
33. COVENANTS AND CONDITIONS:
Each provision of this Lease performable by LESSEE shall be deemed both a covenant and a condition.
34. TIME OF THE ESSENGE:
Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary and essential part of this Lease.
35. SEVERABILITY:
lf any provision of this Lease is determined by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall in no way be affected thereby and same shall remain in full force and effect.
36. AUTHORIZED AGENT OF LESSOR:
The City Manager of the City of Tehachapi is the duly authorized agent of LESSOR for purposes of this Lease, and as to any obligations assumed herein by LESSEE, they shall be performed to the satisfaction of the City Manager.
37. NOTICES:
All notices required or permitted under this Agreement or at law shall be deemed to be given when personally served on the party to be noticed or when deposited in the United States mail, Registered or Certified, postage prepaid and addressed asfollows:
13 of 15
TO LESSOR: City Manager
City of Tehachapi
1 15 South Robinson Street
Tehachapi, CA 93561
TO LESSEE: Stephen and Jenna Samuelian
26001 Cumberland Rd
Tehachapi, CA 93561
steve@workin qwarbirds.net
626-255-5024
Any party may change its or their address by providing notice of same in the manner herein prescribed.
38. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
39. CAPTIONS:
The captions appearing in this Lease are for convenience only, are not part of this Lease and shall not be considered in interpreting this Lease.
40. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
41. ATTORNEY'S FEES:
ln the event any action or proceeding is instituted arising out of or relating to this Lease or for the purpose of enforcing this Lease, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
42. RECORDATION:
LESSEE acknowledges its understanding that the law of the State of California authorizes LESSOR to record this Lease or a memorandum of same. ln that regard, LESSEE agrees to execute a memorandum of this Lease forthe purposes of recordation in such reasonable form and content as may be proposed byLessor.
74 of 15
43. COUNTERPARTS:
This Lease may be executed in counterparts and the respective signature pages for each par$ may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire Lease had been signed at one time.
IN WTNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LESSOR: LESSEE:
CITY OF TEHACHAPI STEPHEN OR JENNA SAMUELIAN
By By
Michae! Davies
Mayor
City of Tehachapi, Galifornia
Aircraft Information
N1482Y
Cessna 1
15 of 15
COUNCIL REPORTS
APPROVED
DEPARTMENT "OO.dG\
CITY MANAGER:
MEETING DATE: NOVEMBER20,2023 AGENDA SECTION: DEVELOPMENT SERVICES TO
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
JOHN (JAYI SCHLOSSER, p.E., DEVELOPMENT SERVTCES DTRECTOR NOVEMBER 13,2023
VACATION OF A PORTION OF AN IRREVOCABTE OFFER OF DEDICATION FOR A PUBLIC ACCESS EASEMENT FOR A PORTION OF APN 415.130.85
BACKGROUND
Development Services received a request to vacate an unused portion of a Public Access Easement lying on private property. This property is where the Mountain Top Mini-Storage project is under construction. This thirty (30) foot wide Public Access Easement for ingress, egress, and road purposes recorded on June 19, 1985, was created to allow public access to Parcel 2 of Parcel Map No. 7655 now Lot 2 of Lot Line Adjustment (LLA) 2020-01 recorded January 27,2020.
Due to the new lot configuration created by LLA 2O2O-01, Lot 2 has access from West Tehachapi Boulevard and the Public Access Easement is no longer necessary for access purposes. The property owner wishes that the easement on the property be vacated.
RECOMMENDATION
The vacated portion has been superseded by lot configuration and is excess right-of-way, which is no longer required. The City hereby finds it to be excess to the City.
ADOPT A RESOTUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPT VACATING AN EASEMENT PURSUANT TO CAUFORN|A STREETS AND HIGHWAYS CODE SECTTONS 8330 ET SEQ.
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TEHACHAPI
CALIFORNIA
Tehachapi t
CITYOF
TETIACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEHACHAPI VACATING AI\t
EASEMENT PURSUAITT TO CALIFORNIA
STREETS AI\ID HIGHWAYS CODE SECTIONS
8330 ET SEQ.
WHEREAS, a public easement for ingress, egress, and road purposes was recorded on June 19, 1985 in Book 5770, Page 1816 (the "Easement") which is more particularly described in Exhibits "A" and "B" attached hereto and by this reference made aparthereof; and
WHEREAS, the Easement was created to provide public access to Parcel 2 of Parcel Map No. 7665 recorded August l, 1985 in Parcel Map Book 32,Page 65 in the Offrcial Records ofthe County of Kern and which is now Lot2 in Lot Line Adjustment No. 2020-01 recorded January 27,2020 as document No. 222013483 in the Official Records of the County of Kern ("LLA 2020-01"); and
WHEREAS, due to the new lot configuration created by LLA 2020-0l,Lot2 has public access from West Tehachapi Boulevard, Tehachapi, California; and WHEREAS, the property owner of Lot 2 wishes to vacate the Easement pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code of California (Sections 8330 et seq.); and
1 CITYOF
TEHACHAPI
LECAL DEPARTMENT
WHEREAS, the Easement is no longer required for street or highway or access pu{poses and is excess right-of-way and the City hereby finds that the Easement is excess properfy; and
WHEREAS, from and after the date of recordation of this resolution, the Easement shall no longer constitute an Easement.
NOW, TFIEREFORE, BE IT RESOLVED BY TI{E CITY COUNCIL OF THE CITY OF TEHACFIAPI AS FOLLOWS:
l. That the foregoing recitals are true and correct.
2. That the Easement is hereby vacated and that from and after the date of recordation of this resolution, the Easement shall no longer constitute an Easement and the real property over which the Easement lies shall henceforth be free of the encumbrance of the Easement.
PASSED AND ADOPTED ataregular meeting of the City Council of the City of Tehachapi on the day of 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
MICHAEL DAVIES, Mayor, City of Tehachapi,
California
2 CITYOF
TE}IACHAPI
LEGALDEPARTMENT
ATTEST:
TORI MARSH, City Clerk of the City of
Tehachapi, California
I hereby certiff that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the day 2023.
J
CITYOF
TEHACHAPI
LEGAL DEPARTMENT
EXHIBIT *A"
[Vacated Easement Legal Descriptionl
THAT PORTION OF THAT CERTAIN 30 FOOT WIDE PUBLIC ACCESS EASEMENT RECORDED JUNE I9, I985IN BOOK 5770, PAGE I816 OF OFFICTAL RECORDS IN TTM OFFICE OF THE KERN COUNTY RECORDER. LYING WTTHIN LOT 2 OF LOT LINE ADJUSTMENT NO. 2O2O-OI, AS PER CERTIFICATE OF COMPLIANCE RECORDED JANUARY 27,2022 AS DOCUMENT NO. 222013483 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER.
CoNTAINING 1.710 SQUARE FEET MORE ORLESS.
4 CITYOF
TEHACIIAPI
LEGAL DEPARTMENT
EXHIBIT "B"
[Vacated Easement Mapl
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PUBLIC ACCESS VACATION
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TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER20,2023 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
ctw
TO: HONORABLE MAYOR MICHAEL DAVIES AND COUNC!L MEMBERS
DON MARSH, PUBLIC WORKS D!RECTOR
NOVEMBER20,2023
SUBJECT: RESOLUTION DECLARING SURPLUS LAND
FROM:
DATE:
BACKGROUND
The City of Tehachapi ("City) is the owner ol 27 .3 acres of real property to the west of the entrance to Sand Canyon described in Exhibit "A" to the attached resolution ("Property"). Under the California Surplus Land Act, Government Code Sections 54220-54234 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land. Under the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations. The Act specifies that the City's use does not include commercial or industrial uses, and land that is disposed of for the sole purpose of investment or generation of revenue is not necessary for the City's use.
The Property is vacant and approximately 27.3L acres in size, zoned A-1, Limited Agriculture, and located in the unincorporated Tehachapi area of Kern County approximately four miles east of the City limits, with a portion of the Property fronting the north line of Highway 58, just west of its intersection with Sand Canyon Road. This property was acquired in 2022 from the Mojave Public Utilities District as part of a water rights purchase.
The Property is not currently being used by the City and City staff has evaluated the Property for its potential to be used for City work and operations. City staff has determined that the Property is not suitable for the City's use because, among other reasons, the Property is not located in the City or in close proximity to the City; surrounding areas primarily comprise undeveloped land that is zoned for agricultural use; there is no real access to the Property from Highway 58; the railroad right-of-way creates a physical constraint to access the larger portion of the Property that lies to the south and west of Tehachapi Blvd; and all services, other than an overhead power line which extends along the north line of Tehachapi Boulevard, require installation of independent systems, includ ing sewage disposal.
Accordingly, staff recommends that the City Council declare that the Property is surplus land and not necessary for the City's use.
CITY OF
Adoption of the attached Resolution will initiate the disposition process for the Property under the Surplus Land Act. After the Resolution is adopted, and before the City disposes of the Property or engages in negotiations to dispose of the Property, staff will send a notice of Availability ("NOA") of the Property for sale to those entities designated in the Act ("Designated Entities"). The Designated Entities will then have 60 days to notify the City of their interest in acquiring the Property. lf any of the Designated Entities timely express their interest to the City to acquire the Property for purposes specified in the Act (affordable housing, park and open-space, and school construction), the City will be required to engage in good faith negotiations with those entities for a period of not less than 90 days in an attempt to reach agreement on a sales price and terms.
The California Department of Housing and Community Development ("HCD") oversees compliance with the Act by local agencies, and will levy a penalty against a local agencythat disposes of property in violation of the Act (anamountequalto3Oo/oofthesalesproceedsforafirstviolation). Priortoagreeingtoasalespriceandterms, the City must provide HCD with a notification detailing the process undertaken by the City pursuant to the Act.
HCD will have 30 days to review the City's process for compliance with the Act, and will issue a finding of compliance or violation. lf HCD issues a notice of violation, the City will have 60 days to respond to HCD. lf the City does not agree to price and terms with any of the Designated Entities, or if no Designated Entity responds to the NOA, the City may proceed to sell the Property to any entity after HCD completes its review of the City's process. However, the City must record a covenant against the Property which provides that if ten or more residential units are developed on the Property, not less than 15% of the total units must be made available at an affordable cost or affordable rent to low-income households for not less than 55 years. The City must submit the proposed covenant to HCD.
CALI FORN tA ENV! RON MENTAL QUALITY ACT (CECIAI :
Staff has reviewed the Resolution with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.l ("CEq6"1. The Resolution contains a finding of the City Council that it can be seen with certainty that the declaration of surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property. Based upon these findings, the Resolution contains a determination that the Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(bx3) of the state GEQA Guidelines.
FISCAL IMPACT
There is no fiscal impact associated with this item
RECOMMENDATION
ADOPT A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA, DECLARING PURSUANTTO GOVERNMENT CODE SECTION 5422ITHAT REAL PROPERTY OWNED BYTHE CITYAND IDENTIFIED AS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 32 SOUTH, RANGE 34 EAST, MOUNT DtABtO BASE AND MERIDIAN, tN THE COUNTY OF KERN, STATE OF CAUFORNIA (APN 224-
120-O9l tS SURPLUS LAND AND NOT NECESSARY FOR THE CtTY',S USE, F|NDING THAT SUCH DECTARATTON tS EXEMPT FROM ENVIRONMENTAT REVIEW UNDER THE CATIFORNIA ENVIRONMENTAT qUAUW ACT, AND
TAKING RETATED ACTIONS
RESOLUTION NO.
A RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF
TEHACHAPI, CALIX'ORNIA, DECLARING PURSUANT TO
GOVERNMENT CODE SECTION 5422I THAT REAL PROPERTY
OWNED BY THE CITY AND IDENTIFIED AS A PORTION OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 32 SOUTH,
RANGE 34 EAST, MDB&M, AND LOCATED IN UNINCORPORATED
KERN COUNTY, CALIFORNIA (APN 224-120-09) IS SURPLUS LAND
AND NOT NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA EI\TVIRONMENTAL QUALITY ACT, AND
TAKING RELATED ACTIONS
WHEREAS, the City of Tehachapi ("City) is the owner in fee simple of that certain real property described in Exhibit "A", attached hereto and made a part of hereof (the "Property"); *d WHEREAS, under the Surplus Land Act, Government Code Sections 54220-54234 (the "Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the Property is vacant and overgrown with natural brush, approximately 27.31 acres in size, zoned A- l, Limited Agriculture, and located in the unincorporated Tehachapi area of Kem County approximately four miles east of the City limits, with a portion of the Property fronting the north line of Highway 58, just west of its intersection with Sand Canyon Road; and WHEREAS, the Property is not currently being used by the City and City staffhas evaluated the Property for its potential to be used for City work and operations; and WHEREAS, City staff has determined that the Property is not suitable for the City's use because, among other reasons, the Property is not located in the City or in close proximity to the City; sunounding areas primarily comprise undeveloped land that is zoned for agricultural use; there is no access to the Property from Highway 58; the Atchison-Topeka and Santa Fe Railroad right-of-way creates a physical constraint to access the larger portion of the Property that lies to the south and west of Highway 58; and all services, other than an overhead power line which extends along the north line of Tehachapi Boulevard, require installation of independent systems, including sewage disposal; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City's use; and
WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities in accordance with the Act; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use.
Section 3. The City Clerk is hereby directed to send a notice of availability of the Property in accordance with the Act to the entities designated in Government Code Section 54222 (the "Designated Entities") by electronic mail or by certified mail following the adoption of this Resolution.
Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The City Council hereby finds that it can be seen with certainty that the declaration of surplus land has no likelihood of causing a significant negative effect on the environment. This finding is premised on the fact that no project or physical changes are proposed for the Property and this declaration is merely an administrative procedure before the City may dispose of the Property. Based upon these findings, the City Council determines that this Resolution is exempt from the application of the California Environmental Quality Act, pursuant to Section 15061(bX3) of the State CEQA Guidelines.
Section 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratihed and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act.
Section 7. The City Clerk shall certiff to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 20th day of November,2023 Exhibit A
Description of the Property
A Portion of the Southeast Quarter of Section 28,
Township 32 South, Range 34 East,
MDB&M, Kern County, California
The Property is further identified as Assessor's Parcel No.224-120-09. The Property is located within Census Tract 60.04 and shown in Thomas Map Book on Page 2610, Grid G-6. 1267 l -0007\28857 16v l.doc
.:; Xern CountY Ptn. of the SE% of Section 28, T32S R34E, illDB&M. Tehachapi. CA
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CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER 20,2023 AGENDA SECTION: PUBLIC WORKS
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: TYLER NAPIER, DEPUW PUBLIC WORKS D!RECTOR
DATE: NOVEMBER 13,2023
SUBJECT: SCREW REPTACEMENT PROJECT
BACKGROUND:
The Wastewater Department has been preparing to replace the East Headworks Screw Pump, an essential part of the City's Wastewater Treatment process, for several years. The screw PUmP, installed back in the early 1990s, has been in operation for over 30 years and is showing signs of wear. To ensure a smooth transition, the department has carefully planned this replacement. We successfully replaced the West Screw Pump in 2015 without any issues. This planned replacement is part of the department's ongoing efforts to maintain the city's infrastructure keep it functioning effectively and minimize any downtime.
FISCAL IMPACT:
The replacement of the East Headworks Screw Pump, originally budgeted at 5100,000, faced an unforeseen challenge when the most recent pricing estimate came in at 5160,210. This increase also includes a recommendation to install new stainless steel deflection plates which will ensure an overall better operation of the screw pump. Despite this cost increase, the Wastewater Department is committed to completing the project as planned. To cover the additional expenses, the necessary funds will be drawn from the City's Wastewater reserves, ensuring the timely and efficient replacement of the East Screw Pump while still maintaining the critical infrastructure in the Wastewater Treatment Plant.
Usually, when dealing with a purchase of such significant value, our standard practice is to obtain a minimum of three quotes. However, in this case, there is only a single quote available as Lakeside is the exclusive vendor for this particular item.
This project was included in the budget for FY 23124, which was approved by Council on June 26,2023.
RECOMMENDATION:
It is recommended that the City Council approve the replacement of the East Headworks Screw Pump as per the proposed plan. The budget adjustment, from 5100,000 to S150,210 due to recent pricing estimates, requires funding allocation from the City's Wastewater reserves. Additionally, granting the City Manager authority to approve change orders up to 10% of the original contract (or St6,02t) is advised to address unforeseen circumstances and ensure the project's successful completion.
Photos of the West Screw Replacement in 2016:
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LAKESIDE
1022 E. OEVON AVE. P,O. lOX 8/ga IAiTLETT, lL 60103 PHONE (630) 837.5640 FAx (83O) 837-5647 Wolct Purilitotion Since I 928
7-Nov-23 Budget Price Sheet
EQUIPMENT CORPORATION
To: TehachapiWWTP From Jim McKee
Attn: Bryan Heffernan Project: Tehachapi, Galifornia
60-inch Z Screw Pump Body with Bearing
Original S.O. 91-540
Existing drive unit to be reused
Unit Price:
Quantity:
CA sales tax (8.25%)
Tota! Package Gost:
$132,000
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$,l0,890
$142,890
Specification
Unit Capacity:
Lift:
Pump Speed:
Horsepower:
Screvtr Diameter:
4,862 gpm
20.56-ft (H)
32 rpm
50 60-inches
Drive Arrangement:
Upper Bearing:
Lower Bearing:
lnclination:
Shaft Mounted
6 -inches
4 % -inches
38-degrees
Items lncluded in Pricing
60-inch diameter screw
Two (2) /, -inch thick flight
30-inch diameter x 3/8-inch thick torque tube
6-inch upper bearing
4Yz-inch lower bearing
Stub shafis
Anchor bolts (stainless steel)
Shop finish painting
FOB: Factory Warranty: 1-year
Start-up service: 2 days in 2 trips
Freight included to jobsite
Approvals:
Fabrication:
Shipping weighVunit:
6 to 8 weeks
231o28 weeks
8,250 tb
Deflection Plates (304SS) Unit Price:
Quantity:
CA sales tax (8.25%)
Total Package Cost:
$16,000
1 $1,320
$17,320
James McKee
NationalSales Manager
e-mail: [email protected]
ffi .lako.adc€qulpment.com
EQUIPM€NT CORPORATION
LAKESIDE
{022 E. DEVON AVE. P.O. BOX 81148 BARTLETT, tL 60103 PHONE (630) 837-5620 FAX (630) A37-5647 ffi .lake3ade-equipment.com
Water Purification Since I 928
November 16,2023
City of Tehachapi, California
ATTENTION Tyler Napier
Deputy Public Works Director
SUBJECT: Tehachapi, California
60-inch Diameter Open Screw Pump
s.o.91-540
Dear Tyler:
This letter is to confirm that Lakeside Equipment Corporation is the sole manufacturer and proprietary designer of the 60-inch diameter Open Screw Pumps supplied for the Tehachapi \ ANTP. The existing right handed screw body along with the upper and lower bearing assemblies are exclusive copyright designs of Lakeside Equipment Corporation. Only Lakeside Equipment can provide duplicate drop in replacements. ln addition, Saddleback Environmental is the sole representative for Lakeside Equipment Corporation in the territory of Southern California for new equipment project sales as well as replacement parts.
Please feel free to contact me if you require any further assistance.
Sincerely,
Lakeside Equipment Corporation
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Jim McKee
National Sales Manager
Cc: Steven Seymour - Saddleback Environmental
APPROVED
DEPARTMENT HEAD:-
CIW MANAGER:_
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER 20,2023 AGENDA SECTION: PUBLIC WORKS TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: TYLER NAPIER, DEPUW PUBLIC WORKS D!RECTOR
DATE: NOVEMBER 15,2023
SUBJECT: WEED ABATEMENT (SPRAYING AND MATNTENANCE}
BACKGROUND:
Over time, our strategies in the Public Works Department have evolved to meet the challenges of maintaining public spaces and ensuring a visually appealing environment for our community.
At times, our weed abatement efforts involved the application of herbicides by City staff, followed by subsequent manual removal of weeds that persisted despite the initialtreatment. This method required a considerable investment of time and resources, often proving to be inefficient in achieving the desired results. ln recent times, we shifted to a model where the City contracted with a contract weed spraying company to apply herbicides to targeted areas. Subsequently, City staff engaged in year-round efforts to manage these areas by manually removing weeds using a variety of tools and equipment, such as tractors, string trimmers, and hand tools.
Our partnership with BrightView over the past two years has been notably successful, prompting us to explore the potentialfor a more streamlined and cost-effective solution.
BrightView has presented a comprehensive plan that, in our assessment, promises to not only save time and resources but also enhance the overall aesthetic appeal of the City of Tehachapi. Their proposal aligns with our goals of achieving effective weed control while optimizing operational efficiency.
We believe that adopting BrightView's proposed strategy will not only address the current challenges but also contribute to a more sustainable and visually pleasing look and feel for our community.
The project encompasses a total of 4,928,7t2 square feet or 113.16 acres. This is vacant land that is maintained by City Staffthroughout the year which is extremely time-consuming. The goal is for BrightView to "own" these areas which will minimize staffing requirements for these areas.
CITY OF
FISCAL IMPACT:
Within the original budget that was approved by the City Council on June 26,2023, we budgeted a total of 537,500 in water, wastewater, gas tax, airport, and public works funds. That amount was split according to the level of service needed in those areas. With the proposal from BrightView coming in at 548,528, that leaves a shortage of 511,028. We will absorb that cost with the "Maintenance and Repair" GL Codes for the respective funds.
RECOMMENDATION
Staff recommends that the City Council approve the weed abatement agreement with BrightView as outlined in the proposed Scope of Services with a total annual cost of 548,528 or $4,044 per month and authorize the City Manager to approve any change orders up to a maximum of 2Oo/o of the original contract (or 59,705.60).
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AGREEMENT
THIS AGREEMENT made this of
by and between the CITY OF TEFIACI{API, hereinafter "City", BRIGHTVIEUL LANDSCAPE SERVICES, INC., hereinafter "Contractor 2023,
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WHEREAS, City wishes to provide weed abatement services to include without limitation sterilization spraying to take place from January - March, 2024 (wind and weather dependent) and follow-up spraying to occur between July - September,2024 (wind and weather dependent) on the City properties described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") pursuant to the terms and conditions of this Agreement and Contractor is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Contractor to perform the Services pursuant to the terms and conditions of this Agreement.
3. Subject to the terms and conditions of this Agreement, City shall pay Contractor for the Services $4.044.00 per month (the "Monthly Fee"). Prior to payment of any compensation to Contractor, Contractor shall first provide City with an invoice for the Services provided in the foregoing month (or such other longer period as determined by Contractor) and the amounts due and owing. Same shall first be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, same shall be submitted to the City Council at the next regularly scheduled meeting for which the matter can be presented for consideration. Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. In the performance of Contractor's duties hereunder, Contractor shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Project at Contractor's sole cost and expense.
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) all Worker's Compensation Insurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability Insurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $l million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least 10 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability Insurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance veri$ing Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor shall pay, and shall require subcontractors to pay, employees a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to the Services. In accordance with Section 1775 of the California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and all subcontractors shall pay to workmen employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours. Contractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor hereunder.
7. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
The foregoing obligations of Contractor shall survive the expiration or termination of this Agreement.
8. The term of this Agreement shall be from 2023 to
2024 (the "Initial Term"). City shall have the right to extend the Initial Term for up to thirty-six (36) months upon written notice to Contractor prior to expiration of the Initial Term (the "Extension"). The Extension shall be under the same terms and conditions as described in this Agreement except for the Monthly Fee which shall be negotiated between the parties prior to commencement of the Extension, provided, however, that if the parties cannot reach agreement on the Monthly Fee prior to commencement of the Extension, this Agreement shall terminate except as to those obligations of the Contractor specifically described herein as surviving the termination of this Agreement.
2 (a) In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperfornance or other breach of this Agreement, City shall so notifr Contractor and this Agreement shall be immediately terminated thereafter and Contractor shall not be entitled to payment for those services performed in default of this Agreement. (b) In addition to the foregoing and any other methods of termination authorized in this Agreement, either party may, in its sole and absolute discretion, terminate this Agreement upon 120 days written notice to the other.
In the event of any such termination, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance.
9. Contractor's Services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.
10. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions either on real property owned or controlled by City, or in the manner in which Contractor is required to or chooses to perform its obligations hereunder, or in any other aspect or part of its perfornance hereunder. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including, but not limited to, any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by City, or City's officers, councilpersons, employees, contractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:
"A general release does not extend to claims which the
creditor or releasing parfy does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or releasing party."
Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
1 1. Contractor shall not assign any portion of this Agreement to any other person or entity.
3 12. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.
13. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the parfy to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery, @) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email").
The following addresses shall be used: City - Greg Garrett, 115 South Robinson Street, Tehachapi, California 9356t, Fax (661) 822-2197, Email ggarrett@tehachapicit),hall.com:and Contractor - David Moo, Fax - (909) 350- 9220 , Email - [email protected]. Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
14. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation ihereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attomey fees in such action.
15. This Agreement may be amended only by a writing executed by all parties.
16. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
17. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
18. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
19. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
20. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including 4 the time for performance of any such provision.
21. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
Notwithstanding the foregoing, Contractor shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
22. Contractor is an independent contractor under this Agreement and is not an agent or employee of City. As such, Contractor is not entitled to participate in any plans, arrangements, or distributions that City may now or hereafter have, including, without limitation, retirement plans, health care or similar benefits for regular employees.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date first hereinabove written.
MICHAEL DAVIES, Mayor, City of
Tehachapi, California
BRIGHTVIEW LANDSCAPE
SERVICES, fI{C,
a California Corporation "Contractor"
DAVID MOO, President
5 EXHIBIT ''A''
Brishtview)
Scope of Services
Questions? Reach outl
ValleY = 96,562 sq ft
Antelope Run = 224,120 sq ft
Downtown = 1'14,499 sq ft
Alta Estates / Address = 57,621 sq ft
Tucker Rd = 24,621 sq ft
West Park = 77,615 sq ft
Clearview / Sage = 801,8'14 sq ft
East Tehachapi = 213,478 sq ft
WWTP = 335,940 sq. ft
Betow is a breakdown of the anticipated costs associated with servicing your property. We appreciate the opportunity to present our service offerings.
Please tet me know if there are any questions about the services or expenses outtined betow.
Weed Abatement Sites and Size
Airport = 1,631,097.56 sq ft = 37.45 ac
Capital Hills = 484,382 sq. ft
Ash Tract = 84,382 sq ft
Bailey CUSummit = 323,671 sq ft
Enterpise = 27,386 sq ft
No. Tehachapi = 54,309 sq ft
Valley-E. St. = 73,328 sq ft
Autmn Hills/Heritage Oaks = 156,630 sq ft
Orchard Glen = 106,471 sq ft
Pinion-Valley = 46,233 sq ft
Total = 4,928,712.56 sq ft = 113.16 acres
City of Tehachapi AnnuaI Weed Abatement for Various City Sites AnnuaI Pricing: S4B,52B
Monthty Pricing: 54,044
SERVICE NOTES:
Steritization Sprayinq to take place from
January - March (wind & weather dependent)
Fottow-up spraying to occur between JulySeptember (wind & weather dependent) brightview-com
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Landscape Site Map
Our team has developed a custom takeoff map of your property to ensure that we are atigned on your properties service needs and areas of focus.
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7 3600 Pegasus Dr Ste 3
Bakersfietd, CA 93308
Phone: (951)406-5904
Email: David.Moo(a BrightView.com
Custom Landscaping Services for
City f Tehachapi
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Tyter Napier
Proposat lssued.9.5.2023 Proposal Vatid to: t2.31,.2O23 ?
Dear Tyter,
On behatf of the BrightView team, I would tike to personally thank you for the opportunity to submit our proposatto professionalty manage the [andscape and weed abatement responsibitities for the City of Tehachapi.
We have enjoyed and appreciate the time you have taken to get to know our team and our operation. We have carefutty reviewed your specifications and have taken the time to ensure we have devetoped a thorough and comprehensive proposatthat witt suit your properties specific needs.
We have examined every aspect of your site and considered a[[ resources we feel witt be required to meet your needs and to exceed your expectations.
From day one, BrightView has provided you with a beautifut, safe, and healthy [andscape that witt maintain your investment, support your needs, and provide a wetcoming environment for everyone - employees and visitors. For this additionat scope of work. while we aren't specificatty beautifying an area, we're committing to keeping it weed free without those pesky tumble weeds. We are proposing to do so through a combination of steritization (performed January - March) and fottow-up post-emergent treatments (performed Juty - September).
The City of Tehachapi is an exceptionatcity, and it is understood that the quatity of our landscape and the thoroughness of our ptan are integralto ensuring that we keep you and your site's visitors and residents happy. We appreciate the opportunity to get to know you and the sites and to present you with our custom service sotution.
Sincerety
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BrightVtew
David Moo
Business Development Executive
brightview.com
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Our peopte create and maintain the best
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We judge our success by the comptete satisfaction of our customers.
Every member of your landscape team wittstrive to earn your trust and toyatty through a proactive retationship in which we consistentty perform work of the highest quatity with unparatleted responsiveness.
Our abitity to offer industry leading standards to our customers is attributed to our quatity assurance and continuous improvement programs we have devetoped over our history.
DESIGN
Forward-thinking, constructibte desig n
that considers future operating costs.
Landscape Architecture I Planning
Design Build
Program Management
Thoughtfut improvements to enrich
your [andscape's appearance and
sustainability.
Enhancements
Sustainability
Water Management
Our Mission
To create customer vatue
through engaged locaI teams,
providing industry-teading
[andscape services.
DEVELOP
Seamtess project delivery that meets
your goats, on-time and on-budget.
Planting
Hardscaping
Pools 8 Water Features
Tree Growing b Moving
MAINTAIN
Consistent service detivery and
proactive sotutions that keep your
property at its best, now and in the
future
Landscape I Tree Care
Snow I lce
Exterior Maintenance
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to take care of you
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Our team members participate in strict quatity standards and continuous improvement training to ensure the service you receive is impeccabte, efficient, and atways excetlent.
BrightView Standards of Exce[[ence
Our proprietary Standards of ExceItence promote best practices among the most common areas of landscape maintenance, enabting us to devetop a cohestve, consistent strategy for your property. With a shared commitment and a focus on these standards, we witl improve the quatity of your [andscape maintenance.
Our Standards of Excettence include:
. Site Cleantiness
. Weed Free
. Green Turf
. Crisp Edge Beds
. Spectacutar Ftowers
. Uniformty Mutched Beds
. Neatty Pruned Trees I Shrubs
Quatity Site Assessments
Your partnership with BrightView begins with a promise: quatity landscape and ctient centric customer service. BrightView's formal Quatity Site Assessments ensure we keep that promise. Our QSAs detiver:
. A forum for you to share feedback
. Progress updates on our work
. Time set aside to discuss opportunities
. A stronger partnership with you in the management of your landscape
. Accountabitity that ensures your [andscape's success
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Delivering on Our Promise
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We consider communication to be the key component of
success with att our ctients. That is why we take it very seriousty.
Throughout a partnership with BrightView, you can expect that we wi[[detiver effective and proactive communications with you.
We have devetoped a systematic approach to ensuring that our ctients are kept in the loop with a[[aspects of their [andscaping services. We have several resources that we leverage to make sure we keep lines of communication flowing.
Your go-to person for everything
pertaining to your tandscaping
A knowledgeable and trained
professionaI to hetp ensure your
property shines
Review expectations
Business reviews
Scheduting and mapping services
Regutar visibitity with your key
stakeholders
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engagement
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preforming
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make changes to meet your
expectations
We make communication
a priority and believe it ls
the key to delivering you
the highest quality
service, but also building
a strong and lasting
partnership. Our tools
were created to ensure
we maintain proactive
and transparent lines of
communication.
Adam Budniak
Vice President Ceneral Manager
DEDICATED
ACCOUNT MANAGER
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REGULAR
VIS!BILTY
CUSTOMER
SATISFACTION
SURVEYS
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Committed to Safety, Everyday
BrightView is committed to operating our business in a responsible manner. The opportunity to detiver world-class professional services and create inspiring and safe [andscapes for our clients and customers is a privitege and responsibitity that we work hard to protect and advance every day.
Our employees are regularty trained on their responsibilities and are held accountabte to fotlowing att safety regutations. lt is their responsibility to report unsafe conditions, which makes a safer environment for your employees.
aa At Brightview, we believe that safety is more
than putting on a vest, safety glasses and gloves
-it is woven into the fabric of our company.
Adam Budniak ))
Vice President Ceneral Manaqer
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Extensive Training
BrightView crews receive ongoing
forma[ and hands on fietd training to
ensure we meet the highest safety
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Emptoyee Verification
Process
BrightView is enrotted in E-Verify in
at[ states in which we oPerate to
ensure 100% comptiance with att US
Labor and lmmigration laws.
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20LB 2019 2020 2021. 2022 Personal Protective
Equipment
Proper PPE ls required of att team
members engaged in jobsite
production activities.
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OSHA Recordabte Performance
lndustry Average: 4.20
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Landscape Site Map
Our team has developed a custom takeoff map of your property to ensure that we are atigned on your properties service needs and areas of focus.
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Questions? Reach out!
ValleY = 96,562 sq ft
Antelope Run = 224,120 sq ft
Downtown = 114,499 sq ft
Alta Estates /Address = 57,621 sq ft
Tucker Rd = 24,621 sqft
West Park = 77 ,615 sq ft
Clearview / Sage = 801,814 sq ft
East Tehachapi = 213,478 sq ft
WWTP = 335,940 sq. ft
Scope of Services
Betow is a breakdown of the anticipated costs associated with servicing your property. We apprecrate the opportunity to present our service offerings.
Please tet me know if there are any questions about the services or expenses outlined below.
Weed Abatement Sites and Size
Airport = 1,631,097.56 sQ ft = 37.45 ac
Capital Hills = 484,382 sq. ft
Ash Tract = 84,382 sq ft
Bailey CUSummit = 323,671 sq ft
Enterpise = 27,386 sq ft
No. Tehachapi = 54,309 sq ft
Valley-E. St. = 73,328 sq ft
Autmn Hills/Heritage Oaks = 156,630 sq ft
Orchard Glen = 106,471 sq ft
Pinion-Valley = 46,233 sq ft
Total = 4,928,712.56 sq ft = 113.16 acres
City of Tehachapi Annuat Weed Abatement for Various City Sites AnnuaI Pricing: S4B, 528
Monthty Pricing : 54,044
SERVICE NOTES:
. Steritization Spraying to take place from
January - March (wind & weather dependent)
. Fo[[ow-up spraying to occur between JutySeptember (wind & weather dependent) brightview.com 8
BrightView
Thank you for the
opportunity to
present our
landscape solution.
Should you have any questions, please
don't hesitate to reach out.
David Moo
Business Devetopment Executive
David. Moo@ Brig htView.com
(9s1)406 - s904
l
CITY OF
APPROVED
DEPARTMENT HEAD:-
CITY MANAGER:_
TEHACHAP!
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER 20,2023 AGENDA SECTION: PUBLIC WORKS TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
ocroBER L9,2023
SUBJECT: FIRST READING OF AN ORDINANCE REGARDING A FATS OILS AND GREASE CONTROL
PROGRAM
DATE:
BACKGROUND
The proposed Ordinance amends Title 8, Chapter 36 to create a Fats Oils and Grease (FOG) Control Program for food service establishments (such as restaurants and other food handling and distributing businesses) to address issues related to sewer spills and the potential negative impacts of such waste on Wastewater Treatment Plant (WWTP) processes. The development of the FOG Control Program is a requirement under Statewide General Waste Discharge Requirements for wastewater Collection Agencies, Order No. 2022-103-DWQ. Additionally, the City's Sewer System Management Plan (SSMP)emphasizesthe importance of the FOG Control Program, as FOG has been identified as a significant contributing factor in approximately 50% of sewer spills between 2020 and 2022.
To summarize, the proposed Ordinance includes the following key provisions o Prohibits discharge of FOG by food service establishments into the sewer that may accumulate or cause sewer system blockages.
o Requires all food service establishments to obtain a FOG Wastewater Discharge Permit, pay an associated permit application fee, implement Kitchen Best Management Practices to minimize FOG discharges, and install pretreatment devices, including grease traps or interceptors. o Allows for variance from pretreatment requirements if certain criteria are met. o Allows for modifications of permit conditions at discretion of the public works director, or, if certain criteria are met, at the request of the permittee.
o Establishes operation and maintenance requirements for pretreatment devices. o lmposes record keeping requirements.
o Requires dischargers to notify City of any inability to comply with permit terms due to breakdown of equipment. o Allows the City to recover from responsible dischargers the costs of cleaning and repairing its sewer systems and regulatory penalties and fines incurred by the City.
o Empowers the Public Works Director to issue an emergency order suspending sewer or water service for discha rgers under certain circumstances.
o Requires food service establishments to submit to an inspection of their facilities and pretreatment devices. a Provides for administrative, civil and criminal remedies. Decisions by the Public Works Director are appealable to the City Manager.
This ordinance is within the scope of work authorized by City Council on March 7th,2022 (Phase 1) and August 21,2023 (Phase 2) under the agreements with the Wallace Group to update to the FOG and lndustrial Waste Programs and Ordinances.
FISCAL IMPACT:
This project was included in the budget for FY 22123, which was approved by Council on June 26,2023.
RECOMMENDATION:
INTRODUCE FOR FIRST READING BY TITLE ONLY, AN ORDINANCE OF THE ClW COUNCIL OF THE CITY OF TEHACHAPIAMENDING SUBSECTION B, SECTION 8.36.060'SPECIFIC LIMITATIONS OF WASTES INTO WASTE WATER SEWERS," AND ADDTNG A NEW ARTICLE V "FATS OtLS AND GREASE CONTROT PROGRAM" TO CHAPTER 36 "INDUSTR|AL WASTES," TTTLE 8 "HEALTH AND SAFETY',OF THE TEHACHAPI MUNICIPAL CODE
TO ADOPT A FATS, OILS, AND GREASE CONTROL PROGRAM FOR FOOD SERVICE ESTABLISHMENTS AND
FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page2 of 2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCII THE CITY OF TEHACHAPI
AMENDING SUBSECTION B, SECTION 8.36.060 "SPECIFIC
TIMITATIONS OF WASTES INTO WASTEWATER SEWERS," AND
ADDTNG A NEW ARTTCLE V "FATS OILS AND GREASE CONTROT
PROGRAM" TO CHAPTER 36 "|NDUSTR|AL WASTES," TTTLE 8
"HEALTH AND SAFEW" OF THE TEHACHAPI MUNICIPAI CODE TO
ADOPT A FATS, OI!.s, AND GREASE CONTROT PROGRAM FOR FOOD
SERVICE ESTABTISHMENTS AND FINDING THE ORDINANCE TO BE
EXEMPT FROM THE CATIFORNIA ENVIRONMENTAT QUALITY ACT
WHEREAS, the City of Tehachapi is authorized pursuant to Government Code Section 38900 to maintain sewer systems;
WHEREAS, in2O2L, the State Water Resources Control Board (SWRCB)issued the Statewide General Wastewater Discharge Requirements for Sanitary Sewer Systems, Order No. 2O22-LO3 (effective June 5, 2022l,(2022 GWDR) replacing Order No. 2006-0003-DWq WHEREAS, the 2022 GWDR requires all public entities that own or operate sanitary sewer systems greater than one mile in length to create, implement, and maintain a Sewer System Management Plan (SSMP);
WHEREAS, pursuant to the 2022 GWDR, if the City Council determines that a sewer pipe blockages control program is needed to control fats, oils and grease, the SSMP must include, among other requirements, the legal authority to prohibit discharges to the sanitary sewer system and identify measures to prevent sewer system overflows and blockages; requirements to install grease removal devices; design standards for removal devices; maintenance requirements; best management practice requirements; record keeping and reporting requirements; authority to inspect grease producing facilities; and implementation of source control measures for all sources of fats, oils and grease (FOG) reaching sections of the City's sanitary sewer system identified as subject to blockages from such materials; WHEREAS, The City of Tehachapi has recognized the need for an lndustrialWaste Discharge (lWD)Controland Fats, Oils, and Grease (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.
WHEREAS, sewer system overflows, which are often caused by discharges of wastewater containing high levels of FOG, suspended solids, and other pollutants, may cause temporary exceedances of water quality objectives, pose a threat to the public health, adversely affect aquatic life, and impair the public recreational use and enjoyment of surface waters; and WHEREAS, establishing a FOG control program from food service establishments is authorized by state law pursuantto 2022 GWDR and will help maintain, enhance, and protect natural resources by reducing pipe blockages and sewer system overflows and thereby reducing 1 cNof
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related exceedances of water quality objectives;
WHEREAS, based on the foregoing findings the City Council determined that FOG control program for food service establishments is needed to control the introduction of such materials into the City's sanitary sewer and limit sewer pipe blockages; NOW, THEREFORE, THE CITY COUNCIL OF THE CIW OF TEHACHAPI DOES ORDAIN AS FOIIOWS:
Section 1. The foregoing recitals are true and correct and are incorporated herein Section 2. Subsection B, Section 8.36.060 - Specific Limitations of Wastes ln To Waste Water Sewers of the Tehachapi Municipal Code is hereby amended to read as follows:
"B. Grease, oil, and sand interceptors shall be provided when, in the opinion of the city engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city engineer and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Where installed, allgrease, oiland sand interceptors shall be maintained by the owner, at their expense, in continuously efficient operation at all times."
Section 3. A new Article V "Fats, Oils and Grease Control Program" is hereby added to Chapter 36 "lndustrial Wastes", Title 8 "Health and Safety" of the Tehachapi Municipal Code to read as follows:
"Article V. Fats, Oils and Grease Control Program
8.36.230 Purpose.
The purpose of this article is to outline the wastewater pretreatment requirements for food service establishments (FSEs) that discharge fats, oils and grease (FOG) in the Citys sewer collection and conveyance system.
8.36.24O Definitions.
A. "Discharge/' means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.
B. "Fats, Oils and Grease" ot "FOG" means any substance such as a vegetable or animal product that is used in, or is a byproduct ol the cooking or food preparation process, and that has turned or may turn viscous or solidifies with a change in temperature or other conditions.
C. "FOG Control Program" means the City of Tehachapi FOG control program required by and developed pursuant to State Water Resources Control Board Order No. 2022-103- DWQ, Section D.3, D.7. and this article.
D. "FOG Wastewater Discharge Permit" means a permit issued by the City to an FSE subject to the requirements and conditions established by the City authorizing the permittee to discharge wastewater into the City's sewer system or into sewer systems which 2 ffior
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ultimately discharge into a City sewer facility
E. "Food Service Establishment" or "FSE" means any room, building, or place or portion thereof, located within the boundaries of the City, which is maintained, used or operated by any profit or non-profit entity for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging or otherwise handling and distributing food and/or beverages (including prepackaged items), which have any process or device that uses or produces FOG. By example, food service establishments shall include, but not be limited to, facilities and activities as defined above which are operated and maintained by restaurants, lunch counters, refreshment stands, bars, schools, hospitals, convalescent/health care homes, community centers, and private or public community clubhouses.
F. "Food Grinde/' mean any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposal in the sewer system.
G. "Grease Control Device" or "GCD" means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG prior to it being discharged into the sewer system. "Grease control device" may also include any other proven method to reduce FOG subject to the approval of the public works director.
H. "Gravity Grease lnterceptor" means any multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a food service establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.
"Grease Trap" or "Hydromechanical Grease lntercepto/' means a grease control device that is used to serve individualfixtures.
J. "Kitchen Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the City's sewer system or into sewer systems which ultimately discharge into a City sewer facility.
K. "Regulatory Agencies" means those agencies having regulatory jurisdiction over the operations of the City, including but not limited to the United States Environmental Protection Agency; California State Water Resources Control Board; and California Regional Water Quality Control Board, Central Valley Region.
L. "Sanitary Sewer Overflow" or "SSO" means the unauthorized discharge of wastewater from the City's designated sewer collection and conveyance facilities.
M. "Twenty-five percent (25yol Rule" means the requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed 25% of the design hydraulic depth of the grease interceptor and thereby ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained 3 LECAI, DIPARilENT
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to effectively intercept and retain FOG discharged to the sewer system N. "Manifest" means that receipt which is retained by the generator of wastes for disposing of recyclable wastes or liquid wastes as required by the City.
O. "Permittee" or "Permitted Discharge/' means a discharger who has received a permit to discharge wastewater into the City's sewer system subject to the requirements and conditions established by the City.
P. "Waste Hauler" means any person licensed to carry on or engage in vehicular transport of waste as part of, or incidental to, any business for that purpose.
8.35.250 General Limitations, Prohibitions, and Requirements on Fats, Oils, and Grease Discharges
A. FOG Discharge Prohibited. No food service establishment shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the food service establishment to the sewer system.
B. General Prohibitions. The following prohibitions and requirements shall apply to all food service establishments:
L. lnstallation of food grinders in the plumbing system of new constructions of food service establishments is prohibited.
2. lntroduction of any additives into a food service establishment's wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance is prohibited.
3. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.
4. Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.
5. Discharge of wastewater with temperatures in excess of 140"F to any grease control device, including grease traps and grease interceptors, is prohibited.
6. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service, or vice versa, is prohibited.
7. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system is prohibited. Grease removed from grease interceptors shall be hauled periodically as part of the operation and maintenance requirements for grease interceptors by a licensed grease hauler. Owners may self-clean and dispose of small amounts of grease from grease traps in accordance with kitchen best management practices. Grease lnterceptors must be pumped by a licensed grease hauler.
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8. Operation of grease interceptors with FOG and solids accumulation exceeding the twenty-five percent (25%) rule.
9. Discharge of any waste including FOG and solid materials removed from floor mats and/or kitchen appliances directly to the sewer system is prohibited.
C. FOG Wastewater Discharge Permit Required. No person shall discharge, or cause to be discharged any wastewater from food service establishments directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this article.
D. Kitchen Best Management Practices Required. All Food Services Establishments shall implement kitchen best management practices specified in Section 8.36.270 in its operation to minimize the discharge of FOG to the sewer system. Additional requirements for kitchen best management practices may be specified in the FOG wastewater discharge permit. This may include kitchen practices and employee training that is essential in minimizing FOG discharge.
E. FOG Pretreatment Required. Food service establishments are required to install, operate and maintain an approved type and adequately sized grease trap or interceptor necessary to maintain compliance with the objectives of this article and in conformance with Section 8.35.270. The grease trap or interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from food service establishments prior to discharge to the sewer system.
Fixtures, equipment, and drain lines located in the food preparation and clean up areas of food service establishments that are sources of FOG discharges shall be connected to the grease trap or interceptor. Compliance shall be established as follows:
1. New Construction of Food Service Establishments. New construction of food service establishments, including remodels or tenant improvements that change the classification of an establishment to a food service establishment, shall include the installation of a grease trap or interceptor prior to commencing discharges of wastewater to the sewer system. These devices must be installed by a licensed plumber in accordance with sizing requirements found in the California Plumbing Code, as adopted by the City in Section 15.04.160 of this code, and in compliance with local Health Depa rtment req uirements.
2. Existing food service establishments
Existing food service establishments, which have caused or contributed to a grease-related blockage in the sewer system, or which have been determined to contribute or potentially contribute significant FOG to the sewer system by the public works director or their designee, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install a grease trap or interceptor within 60 days upon notification by the City. b. Existing food service establishments that change ownership, undergo remodeling or change operations shall be required to install a grease trap or interceptor prior to the re-commencement of business activities.
F. Conditional Variance from Pretreatment Requirement.
L. An existing food service establishment may obtain a conditional variance from installation of a grease trap or interceptor if the public works director or their designee 5 wof
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determines the FSE has established to the satisfaction of the public works director or their designee based on the criteria in 8.35.250(F)(2) either of the following:
a. That the FSE has negligible FOG discharge and insignificant impact to the sewer system. Although a variance from installation of a grease trap or interceptor may be granted, the food service establishment may be required to provide space and plumbing segregation for future installation of a grease trap or interceptor. b. That the FSE utilizes an alternative technology, which is at least equally effective in controlling FOG discharge as a GCD. Alternative technologies must be approved by the public works director or their designee prior to installation and operation.
2. Criteria for Variance. The public works director or their designee determination to grant or revoke a conditionalvariance shall be based upon, but not limited to, evaluation of the following conditions:
a. Quantity of FOG discharge as measured or as indicated by the size of the food service establishment based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that may reasonably be shown to contribute to FOG discharges. b. Adequacy of implementation of kitchen best management practices and compliance history.
Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the food service establishment, and history of maintenance and sewage spills in the receiving sewer system.
d. Changes in operations that significantly affect FOG discharge. e. Any other condition deemed reasonably related to the generation of FOG discharges determined by the public works director or their designee.
3. Terms and conditions. A variance shall contain terms and conditions that serve as basis for its issuance. A variance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the variance was based change so that the justification for the variance no longer exists. Unless earlier revoked, the variance shall be valid so long as the food service establishment remains in compliance with its terms and conditions until the expiration date specified in the variance.
8.36.260 FOG Wastewater Discharge Permit Requirement for Food Service Establishments A. FOG Wastewater Discharge Permit Required
1. Food service establishments (FSEs) proposing to discharge or currently discharging wastewater into the City's sewer system shall obtain a FOG wastewater discharge permit from the City. A FOG wastewater discharge permit shall be valid for three (3) years. All FSEs existing as of the effective date of this article shall initially obtain a FOG wastewater discharge permit from the City at the time the FSE next applies for or renews its annual business license following the effective date of this article. After the effective date of this c
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article, a certificate of occupancy shall not be issued for new construction or occupancies unless and until the FSE has obtained a FOG wastewater discharge permit and fully complied with the provisions of this Section.
2. FOG wastewater discharge permits shall be subject to all provisions of this article, all other applicable regulations established by the City, and applicable State and Federal Regulations.
B. FOG Wastewater Discharge Permit Application
1. Any person required to obtain a FOG wastewater discharge permit shall complete and file with the City an application in a form prescribed by the City and shall pay all applicable fees. The application shall include the following information at a minimum:
a. Name, address, contact information of FSE and description of the FSE, including its operation, food, and service activities;
b. Name, address of all owners
c. Business license;
d. Name, address of property owner or lessor and the property manager where FSE is located; and
e. Any other information as specified on the application form.
2. lf requested by the City, the application shall also include site plans, floor plans, mechanical and plumbing plans, and details showing sewers, grease control device by size, location and elevation, and any other information related to the FSE's business operations and potential discharge.
C. FOG Wastewater Discharge Permit Fee. The FOG wastewater discharge permit fee shall be paid by the applicant in an amount established by resolution of the City Council and must be received by the City prior to issuance or renewal of a FOG wastewater discharge permit.
D. FOG Wastewater Discharge Permit Conditions. The issuance of a FOG wastewater discharge permit may contain any of the following conditions or limits:
1. Limits on discharge of FOG and other associated pollutants.
2. Requirements for proper operation and maintenance of grease trap or interceptor and other grease control device.
3. Grease trap or interceptor maintenance frequency and schedule.
4. Requirements for installation of adequate grease trap or interceptor and/or grease control device.
5. Requirements for implementing, maintaining and reporting status of kitchen best management practices.
6. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests.
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7. Requirements to self-monitor
8. Requirements for the food service establishment to construct, operate and maintain, at its own expense, FOG control device and sampling facilities.
9. Additional requirements as otherwise determined to be reasonably appropriate by the public works director or their designee to protect the City's system or as specified by other regulatory agencies.
10. Other terms and conditions reasonably required to ensure compliance with this Article.
E. FOG Wastewater Discharge Permit Modification of Terms and Conditions. The terms and conditions of an issued FOG wastewater discharge permit may be subject to modification in the sole determination of the public works director or their designee during the life of the permit.
L. The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The public works director or their designee shall review the request, make a determination on the request, and respond in writing.
2. Any changes to the terms and conditions of a FOG wastewater discharge permit shall be based on the following criteria:
a. The discharger's current or anticipated operating data; b. The City's current or anticipated operating data;
c Changes in the requirements of regulatory agencies which affect the City; or d. A determination by the public works director or their designee that such modification is appropriate to further the objectives of the City's FOG program.
3. The permittee shall be informed of any change in the permit limits, conditions, or requirements. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. Non-Transferability of Permits. FOG wastewater discharge permits issued under this article are for a specific food service establishment, for a specific operation and create no vested rights.
1. No permittee shall assign, transfer, or sell any FOG wastewater discharge permit issued under this article nor use any such permit for any premises, facilities, operations or discharges not expressly encompassed within the underlying permit.
2. Any permit that is transferred to a new owner or operator or to a new facility is void
8.36.27 O. Operation a nd Ma i ntenance Req u i rements A. Grease Control Device Specifications, Operation and Maintenance: Gravity Grease lnterceptors and Hydromechanical G rease I nterceptors
1. All food service establishments shall provide wastewater of a quality acceptable to the City, under the requirements and standards established herein, before discharging to any public sewer. Any food service establishment required to provide FOG pretreatment shall B
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install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Article.
2. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the City of Tehachapi Building Department. Grease interceptors shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease.
3. Grease lnterceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor, which includes wastewater, accumulated FOG, floating materials, sludge and solids.
4. All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the public works director or their designee pursuant to this section.
5. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities.
5. food service establishments with grease interceptors are required to submit data and information necessary to establish the maintenance frequency for grease interceptors during regular compliance inspections or as requested for compliance with the City's FOG control progra m requirements.
7. The maintenance frequency for all food service establishments with a grease interceptor shall be determined in one of the following methods:
Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed 25% of the total design hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the sewer system.
b. All food service establishments with a gravity grease interceptor shall maintain their grease interceptor not less than every 90 days.
c. Gravity grease interceptors shall be fully pumped out and cleaned quarterly at a minimum when the frequency described in the FOG wastewater discharge permit has not been established. Hydromechanical Grease lnterceptors (Grease Traps) shall be maintained no less than once every seven (7) days when the frequency described in the FOG Discharge Permit has not been established. The maintenance frequenry shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in FOG wastewater discharge permit and guidelines adopted pursuant to the FOG control program. The public works director or their designee may change the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual a
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10 generation of FOG from the food service establishment, the maintenance frequency may increase or decrease.
d. The owner/operator of a food service establishment may submit a request to the public works director or their designee requesting a change in the maintenance frequency at any time. The food service establishment has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements described in the FOG wastewater discharge permit and that it is in full compliance with this article. Upon a determination by the public works director or their designee that the requested revision is justified, the permit shall be revised accordingly to reflect the change in maintenance frequency.
e. lf the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in the FOG wastewater discharge permit, the food service establishment shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. lf deemed necessary, the public works director or their designee may also increase the maintenance frequency of the grease interceptor from the current frequency.
8. Grease interceptors shall be inspected regularly by the permittee or their agent to check for influent crossover and effluent T's, and for effective operation of the baffles and flow regulating device. Grease interceptors and their baffles shall be maintained free of all deposits of FOG and waste. Any repairs identified by City inspectors must be corrected within the assigned timeframe identified on the City's FOG control program inspection report.
9. Grease traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device. Grease traps and their baffles shall be maintained free of all deposits of FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process. Any repairs identified by City inspectors must be corrected within the assigned timeframe identified on the City's FOG control program inspection report.
10. Dishwashers and garbage grinders shall not be connected to or discharged into any grease trap.
B. Kitchen Best Management Practices. All food service establishments shall implement kitchen best management practices in accordance with the requirements and guidelines established by the City under its FOG control program in an effort to minimize the discharge of FOG to the sewer system. Kitchen Best Management Practices shall be kept on file and available to all employees.
All food service establishments shall be required, at a minimum, to comply with the following kitchen best management practices, when applicable:
1. lnstallation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.
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11 2. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.
3. Disposal of food waste. All food waste shall be disposed of directly into the trash, garbage, or Food Waste Recycling Bin, and not in sinks.
4. Employee training. Employees of the Food Service Establishment shall be trained by ownership/management periodically as specified in the FOG wastewater discharge permit, on the following subjects:
How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease.
b. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors. c. How to properly dispose of waste cooking oil in recycling receptacles and proper "dqy'' clean-up methods for spilled waste cooking oil.
d. Prohibition of the use of emulsifiers, degreasers or chemical/biological additives that may negatively impact the performance of a grease trap or interceptor.
These items are prohibited for discharge to a FOG Control Device.
C. Disposal Requirements. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be disposed of properly by waste haulers in accordance with federal, state and/or local laws.
8.36.280 Recordkeeping Requirements.
FSEs are required to obtain and maintain for a minimum of three years a copy of the following information:
A. Name of hauling company;
B. Name and signature of operator performing the pump out; C. Documentation of full pump out with volume of water and FOG removed (e.g. 1,500 gallons);
D. Documentation of the level of floating FOG and Solids (to determine if volume exceeds 25% capacity of grease removal equipment);
E. Method of determination used to assess level of FOG and Solids; F. Documentation of repairs to the grease interceptor; and G. ldentification of the facility where the waste hauler disposes of the waste.
8.36.290 Notification of Spill
A. ln the event a permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or the permittee has reasonable opportunity to know that his/her/its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this article, the discharger shall immediately notiry the city by telephone at the number specified in the permit. lf the material discharged to the sewer has the potential to cause or results in sewer blockages or SSOs, the discharger shall immediately notify the local health department, county, and the city.
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B. Confirmation of this notification shall be made in writing to the public works director at the address specified in the permit no later than 5 working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.
C. Such notification shall not relieve the permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this article or other applicable law.
8.36.300 Damages to Facilities or lnterruption of Normal Operations A. Any discharger who discharges any waste, including but not limited to those listed under Code of Federal Regulations, Title 40, Section 403.5, which causes or contributes to any sewer blockage, SSOs, obstruction, or disruption in operation of the sewer system shall be liable for all costs incurred by the city required to clean or repair the sewer system together with expenses incurred by the city to resume normal operations. The total amount shall amount to the city's actual costs and expenses and shall be payable within 45 days of invoicing by the city.
B. Any discharger who the public works director determines discharges a waste which causes or contributes to the city violating its discharge requirements established by any regulatory agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other regulatory agencies or a court. The public works director determination in this section is subject to a right of appeal by the permittee to the city manager pursuant to the procedures set forth in Section 8.35.310.E.
8.35.310. Emergency Suspension Order.
A. The city may, by order of the public works director, suspend sewer service and/or water service pursuant to Section 8.35.190 when the public works director determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the city's sewer system, or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emerBency suspension order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.
B. Discharge of wastewater in any manner in violation of this article or of any order issued by the public works director, as authorized by this article, is hereby declared a public nuisance.
C. All costs for physically ceasing the permittee's discharge and all costs incurred by the city to abate any such nuisance shall be paid by the permittee.
8.35.320 Inspection
A. lnspection of food service establishments to determine compliance with this article shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the public works director or their designee. The FSE shall allow the City access to its premises.
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LrcAL DEARfrNT
13 B. Noncompliance with kitchen best management practices, twenty-five (25%) percent rule for grease traps or interceptors, maintenance frequency requirements for grease traps or interceptors, permit discharge conditions, required repairs or any discharge provisions of this article may be determined by an inspection of the food service establishment.
C. Noncompliant conditions will be documented in the city's FOG Control lnspection Report and will be considered an warning whereby the discharger shall comply with all directives, conditions and requirements therein within the time prescribed.
D. Persons on premises where wastewater is created or discharged shall allow the public works director or designee reasonable and safe access in order to carry out inspections authorized by this Section and no person shall interfere with, delay, resist or refuse entrance to the public works director or designee attempting to inspect any facility pursuant to this section.
8.35.330 Enforcement
A. Purpose.
1. The city finds that in order to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the city's sewer system are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the city's system by food service establishments.
2. The city is willing to cooperate with all users on improvements in wastewater quality, yet must be in a position to ensure that uncooperative users shall comply with this article and any conditions set forth in a wastewater discharge permit.
3. To ensure that all interested parties are afforded due process of law and that violations are resolved as soon as possible, the general policy of the city is that the public works director may issue a notice of violation, suspend or revoke a permit, or terminate service subject to a right of appeal by the permittee to the city manager pursuant to the procedures set forth in Section 8.36.310.E.
4. The city, at its discretion, may utilize any one, combination, or all enforcement remedies in response to any noncompliance with a permit condition or any violation of this article.
5. Each day of noncompliance or violation shall be taken as a separate noncompliance or violation for determining penalties and/or which enforcement actions may be taken.
B. Violations.
1. The permittee, and, if different than the permittee, the owner or operator of a FSE, shall be in violation of this article if such permittee, owner or operator:
a. Makes any false statement, representation, record, report, plan or other document that is filed with the city.
b. Fails to install an approved grease control device as required by this article Tampers with or knowingly renders inoperable any grease control device, monitoring device, or sample collection method required under this article. c
cE of
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74 d. Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal. e. Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal and upon request to make those records available to the public works director or designee.
f. Refuses to provide, or allow inspection of, records, reports, plans, or other documents required by the city to determine permit terms, conditions, discharge compliance, or compliance with these Standard Conditions. g. Refuses reasonable access to the public works director or designee to the permittee's premises for the purpose of inspection and monitoring. h. Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner.
i. Fails to report significant changes in operations or wastewater constituents or ownership.
j. Fails to comply with the terms and conditions of any enforcement action. k. Fails to remove all food grinders located in the food facility by the date specified by this article.
l. Otherwise fails to comply with the provisions of this article or any permit issued by the city under this article.
2. Violations under this article shall be subject to the procedures, penalties and remedies set out in this article. All costs for the investigations, enforcement actions, and ultimate corrections of violations under this section, incurred by the city shall be reimbursed by the permittee and/or owner/operator of the FSE.
C. Notice of Violation. Upon determination by the public works director or designee that a permittee or discharger has committed any of the violations in subsection B of this section or othenirrise fails to comply with this article, the public works director or designees shall issue a notice of violation (NOV) to the permittee or discharger specifying the terms and conditions required to ensure compliance with this article and any other applicable requirements and set forth a time period within which to comply with all directives, conditions and requirements. The discharger or permittee shall comply with all directives, conditions and requirements therein within the time period proscribed in the notice.
D. Remedies. Upon failure of the permittee or discharger to comply with all directives, conditions and requirements of an inspection report and/or NOV within the time period proscribed, the city may at its sole discretion impose any or all of the following remedies. t. Suspension, Revocation and Termination.
a. Permit Suspension.
i. The public works director may suspend any FOG wastewater discharge permit if the public works director determines that a permittee has ffiot
BAGAN
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t_5
committed any of the violations in subsection B of this section, fails to pay an invoice for more than ninety (90) days pursuant to 8.36.310.E, or otherwise fails to comply with this article.
ii. Upon an order of suspension by the public works director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's sewer system for the duration of the suspension. All costs for physically ceasing the permittee's discharge shall be paid by the permittee.
iii. Any owner or responsible management employee of the permittee shall be bound by the order of suspension.
iv. The public works director may reinstate a suspended FOG wastewater permit upon demonstration by the permittee to the satisfaction of the public works director that the permittee has corrected all violations, paid all due invoices, and is otherwise in compliance with this article. b. Permit Revocation
i. The public works director may revoke a suspended FOG wastewater discharge permit if the public works director determines that a permittee has failed to correct all violations in the time period proscribed in the permit suspension order or is otherwise not in compliance with this article.
ii. Upon an order of revocation by the public works director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's system unless and until the permittee applies for and obtains a new FOG wastewater discharge permit. All costs for physically ceasing the permittee's discharge shall be paid by the permittee.
iii. Any owner or responsible management employee of the permittee shall be bound by the order of revocation.
c. Termination of Service.
i. The city, by order of the public works director may physically terminate sewer service to any property as follows:
7. On an order of revocation of a permit; or
2. Upon the failure of a person not holding a valid FOG wastewater discharge permit to immediately cease the discharge, whether direct or indirect, to the city's sewer system.
ii. The city, by order of the public works director, may reinstate service upon demonstration by the permittee to the satisfaction of the public works director that the permittee has corrected all violations and is othenivise in compliance with this article.
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76 iii. All costs for physical termination as well as all costs for reinstating service shall be paid by the owner or operator of the food service establishment or permittee.
2. Civil Penalties.
AII users of the city's system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, California Regional Water Quality Control Board, or the County of Kern and other regulatory agencies pursuant to the authority and provisions of several laws, including, but not limited to:
i. Federal Water Pollution Control Act, commonly known as the Clean Water Act (United States Code, Title 33, Section 1251 et seq.); ii. California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.);
iii. California Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.);
iv. Resource Conservation and Recovery Act of 7976 (United States Code, Title 42, Section 5901 et seq.); and
v. California Government Code Sections 54739 through 54740.6. b. ln the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by the city, as caused by the discharge of any discharger or permittee to the city's system which is in violation of any provision of this article or the permittee's permit, the city shall be entitled to recover from the discharger or permittee all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. c. Administrative Civil Penalties. Pursuant to the authority, and consistent with the procedures, of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to, and after a hearing, or appeal if any, assess a civil penalty against any person who violates any provision of this article; any permit condition, prohibition, or effluent limit; or any suspension or revocation order.
d. Pursuant to the authority of California Government Code Sections 54739 through 54740, any person who violates any provision of this article; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed 525,000 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, United States Code, Title 33, Section 1251 et seq., any person who violates any provision of this article, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed 525,000 per violation for each day in which such violation occurs. The city attorney of the city, upon direction of the city manager or the city manage/s designee, shall petition the superior court to mof
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impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.
3. Criminal Penalties. Any person who violates any provision of this article is guilty of a misdemeanor pursuant to chapter L.2O of this Code.
E. Appeals to the City Manager. Any FSE, permit applicant, or permittee adversely affected by a decision made by the public works director under this article may appeal the public works director's decision by filing, within 10 days of such decision, a written request for hearing before the city manager accompanied by an appeal fee in an amount established by resolution of the city council. The request for hearing shall set forth in detail all the issues in dispute and all facts supporting appellant's request. A hearing shall be held by the city manager within 65 days of the request for such hearing. The appeal fee shall be refunded if the city manager reverses or modifies, in favor of the appellant, the decision of the public works director. After the hearing, the city manager shall uphold, modify, or reverse the decision of the public works director. The written decision shall be sent by certified mail to the appellant or its legal counsel/representative at the address provided in the written request for a hearing. The city manage/s decision shall be final.
F. Payment of Charges. Except as otherwise provided, all fees, charges and penalties established by this article are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid 45 days after date of invoice.
t. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:
46 days after date of the invoice, a basic penalty of LO% of the base invoice amount, not to exceed a maximum of $1,000; and
b. A penalty of L.SYo per month of the base invoice amount and basic penalty shall accrue from and after the 76th day after date of invoice. c. Any invoice outstanding and unpaid after 90 days shall be cause for immediate suspension of the permit.
2. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.
3. Payment of disputed charges is still required by the due date during the city review of any appeal submitted by permittees.
4. Collection of delinquent accounts shall be in accordance with the city's municipal code G. Judicial Review.
1. Pursuant to Section 1094.6 of the California Code of Civil Procedure, an action for judicial review of a final decision by the city under this article shall be filed no later than the 90th day following the date the decision becomes final.
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2. Notwithstanding the foregoing, and pursuant to Government Code Section 54740.6, judicial review of a final order imposing administrative civil penalties pursuant to Section
8.35.310.7.d may be made only if the petition for writ of mandate is filed not later than the 30th day following the day on which such order becomes final.
Section 4. CEQA. The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15051(bX3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and pursuant to CEQA Guidelines Sections 15307 and 15308 because this action is authorized by state law to assure the maintenance and enhancement of natural resources and the environment and establish procedures to protect natural resources and the environment.
Section 5. Severability. lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take effect 30 days after the date of its adoption. The City Clerk is directed to cause this Ordinance to be published and/or posted as required by law.
INTRODUCED at a regular meeting of the City Councilof the City of Tehachapi, California on the _day of 2023
PASSED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting held on the_ day of _.-_,2023.
AYES: CouncilMembe
NOES CouncilMembe
ABSTAIN CouncilMembe
ABSENT Council
MICHAEL DAVIES, Mayor, City of
Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
(noF
EHACHAPI
I-ITAI, DI]'ARTMI:NT
I hereby certifo that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on 2023.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi
19 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER20,2023 AGENDA SECTION: ASSISTANT CITY MANAGER
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: COREY COSTELLOE, ASSISTANT CITY MANAGER
DATE: NOVEMBER 20,2023
SUBJECT: APPROVAL OF CONTRACT WITH ZAMBELLI FIREWORKS FOR A JULY 4,2024 DISPLAY
BACKGROUND
The City of Tehachapi seeks to continue to offer our annual July 4th fireworks display, aiming to continue the city's tradition of celebrating lndependence Day with a spectacular showcase. After previous successful shows with provider Zambelli Fireworks, the City of Tehachapi, wishes to enter into an agreement once again with Zambelli Fireworks to produce the 2024 fireworks display at a total cost of $48,000.
DETAILS
Zambelli Fireworks, a renowned and reputable company in the fireworks industry, has presented a comprehensive proposal outlining the scope of the display, adherence to safety protocols, insurance coverage, and compliance with regulations. The proposed display will consist of a 16-minute show featuring a variety of high-quality fireworks, ensuring an awe-inspiring experience for Tehachapi residents and visitors.
The July 4th fireworks display is a cherished tradition within our community, fostering a sense of unity and celebration among residents. lt serves as a focal point for families and friends to gather, encouraging community engagement and local business participation. The proposed event aligns with the city's commitment to providing engaging and celebratory experiences for its residents and supports the local economy by attracting visitors to Tehachapi.
The show is scheduled for Thursday, July 4, 2024, and will originate from the north side of the Tehachapi Municipal Airport beginning at 9 P.M.
FISCAL IMPACT
The proposed cost of $48,000 is within the allocated budget for the event. This sum covers all expenses associated with the fireworks display, including setup, permits, execution, safety measures, and cleanup. The expenditure aligns with the historical costs of similar displays in previous years.
RECOiiTENDATION
APPROVE THE CONTRACT WITH ZAiiBELL! FTREWORKS FOR THE JULY 4,2024 FIREWORKS DISPLAY AT THE COST OF $48,OOO AND AUTHORIZE THE CITY MANAGER TO S!GN.
ZambeIIi
FIREW E RKS
City of Tehachapi
Independence Day 2024
Fireworks Celebration
Zambelli Fireworks
John Hagan
800-322-7142
502-220-7944
j hagan@zam bellifirewo rks.com
Shafter, CA
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FIREW E RKS
FIREWORKS PROPOSAL REVISED 11/,212023
City of Tehachapi
Independence Day 2024
Fireworks Celebration
Show Date: Thursday July 4th,2024
Show Budget $48,000 (an all-inclusive show budget). REVISED lnsurance Liability Coverage: $10 Million dollars per incident clause to cover the Fireworks Display. Zambelli uses the highest insurance premium in the industry, only offere6l[s (ArArA" rated companies.
State, Local and Federal Permits: Zambelli Fireworks will secure all necessary state, local and federal permits / required licenses.
Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)
Workers Gompensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of California.
Site Security and Fire Protection: Customer will assist in providing site security and make arrangements with the Authorities Having Jurisdiction.
Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.
Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.
Safety Procedures: Zambelli Fireworks adheres to all safety regulations.
NFPA 1123 code will be strictly enforced.
ZambeIIi
SHELL DESCRIPTION
FIREWERKEi
City of Tehachapi 2024 Fireworks
SYNOPSIS FOR A SIXTEEN MINUTE DISPLAY
WITH LARGE DIAMETER SHELL FINALE
ALL INCLUSM PACKAGE PRICE $48,000 REVISED
QUANTITY
OPENING FINALE
Three Inch Assorted Color Finale Display Shells
Three Inch Zambelli Specialty Finale Display Shells
Three Inch Assorted Titanium Salute Finale Display Shells Four lnch Color Finale Display Shells
Five lnch Color Finale Display Shells
Six Inch Color Finale Display Shells
TOTAL NUMBER OF SHELLS IN OPENING
MAIN BODY OF PROGRAM
Four lnch Zambelli Floral Pattern Shells
Four lnch Zambelli Specialty Shells
Four lnch Zambelli Duration/Lingering Effect Shells
Four Inch Palm, Dahlia & Chrysanthemum Multi-Effect Shells Four Inch Tourbillion & Serpent Effect Shells
Five lnch Red White and Blue Theme Shells
TOTAL NUMBER OF FOUR INCH SHELLS
Five Inch Zambelli Floral Pattern Shells
Five lnch Zambelli Specialty Shells
Five Inch Zambelli Duration/Lingering Effect Shells
Five Inch Palm, Dahlia & Chrysanthemum Multi-Effect Shells Five Inch Tourbillion & Serpent Effect Shells
Five Inch Red White and Blue Theme Shells
TOTAL NUMBER OF FIVE INCH SHELLS
Six Inch Zambelli Floral Pattem Shells
Six Inch Zambelli Specialty Shells
Six Inch Zambelli Duration/Lingering Effect Shells
Six Inch Palrn, Dahlia & Chrysanthemum MultiEffect Shells Six Inch Tourbillion & Serpent EfIect Shells
Six Inch Red White and Blue Theme Shells
TOTAL NUMBER OF SIX INCH SHELLS
ZAMBELLI GRAND FINALE
Three Inch Assorted Color Finale Display Shells
Three Inch Zambelli Specialty Finale Shells
Three lnch Titanium Salute Report Shells
Four lnch Zambelli Specialty Finale Shells
Five Inch Zambelli Specialty Finale Shells
Six Inch Zambelli Specialty Finale Shells
TOTAL NUMBER OF GRAND FINALE SHELLS
l0
l0
l0
6 5
4 45
33 JJ
33 JJ
33 33
r98
42 42
42 42
42 42
2s2
27 27
27 27
27 27
162
70 70
70 ll4
75 64
463
TOTAL NUMBER OF SHELLS IN THE DISPLAY I12O
ZambeIIi
FIREWERKS
ZAMBELLI SHELL SEL
- ZAMBELL! SPECIATW SHEttS -
Kaleidoscope Shells -
These shells represent the small tubes of colored glass.
The colored stars change their colors three times by sections, creating different shapes and colors.
Wa:on Wheels -
These unique shells are in the shape of an old fashioned wagon wheel. The spokes are thick palm tree effect of
white and gold with a colored ring.
Tremelon -
A bright silver glittering ball creating a shimmering effect! Glitter Blast -
A thick glittering gold chrysanthemum ball creating a sparkling golden glow!
DURATION/
LINGER!NG EFFECTS
Gold Spider to White Strobe
Diadem Chrysanthemum with Strobing Pistil & Rising Gold Tail Spider Web and Pimpinella
Brocade and Silver Crown Chrysanthemum
Gold Rippling Chrysanthemum
Twinkling Kamuro Chrysanthemum with Rising Tail
Majestic Tra nsformation Arch
Diadem Chrysanthemum with Palm Tree pistil
Big Willow with Strobing Stars
Glittering Gold to Green Crown Chrysanthemum
Glittering Gold to Red Crown Chrysanthemum
Glittering Gold to Silver Crown Chrysanthemum
Weeping Willow and Gold Spiderweb Shell of Shells
Brocade and Golden Kamuro Chrysanthemum
PAIM TREE EFFECTS
Gold Tiger Tail with Palm Tree Core
Golden Palm Tree Shell of Shells
Golden Palm Tree with Large Rising Tail
Silver Palm Tree with Large RisingTail
Diadem Chrysanthemum with Palm Tree Pistil
Red, Blue, Green and Purple Peony with Palm Tree Pistils Crackling Palm Tree with Large Crackling Tail
ZamheIIi
FIREWERKEi
MUTTI.SHELL OF SHETLS EFFECTS
Red, Blue and Green Chrysanthemum Shell of Shells
Golden Palm Tree and Weeping Willow Shell of Shells
Eight Break Spider Web and Pimpinella
Blooming Silvery Chrysanthemum
Gold Sparkling Kamikazes
Silver, White Flitter and Gold Flitter Crossettes
Green Magnesium with Gold Flitter Crossettes
Purple laced Flowers
Grapes all over the Vineyard
Blossom after Thundering
Twice Presented Flowers
Gold Spiderueb Shell of Shells
RISING TAIL EFFECTS
Silver Tiger Tail with Silver flower Core
Gold Tiger Tail with Gold Flower Core
Red Tiger Tail with Blue Core
Golden Tiger Tail with Palm Tree Core
Golden Palm Tree with Large Rising Tail
Crackling Tiger Tails with Crackling Core
NOISE SHELLS
Flash and Titanium Salute
Tourbillions to Report
Floral Salute Shell of Shells
Crackling Star Shells
Blooming Silvery Chrysanthemum
Gold Sparkling Kamikazes
Red Comets to Titanium Reports with Rising Silver Tail
Blue Comets to Titanium Reports with Rising Silver Tail For the State of California, a separate certilicate for workman's compensation will be issued. /.4
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COVERAGES
FIREWERKSi
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE UUMEER: REVTSTOil TruUBER;
uEllmryrrYl
THIS CERTIFICATE IS ISSUEO AS A }IATTER OF INFORIATOil ONLY AI{D COT{FERS i{O RIGI{TS UPOH THE CERTIFICATE HOLDER THIS CERTTICATE DOES NOT AFFNTATIVELY OR ITEGATIVELY ATIIEI{D. EXTEIIO OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. TH|S CERTTFTCATE OF |XSURAT{CE DOES N6T COilSTITUTE A COXTRACT BETWEEil THE |SSUD|G F{SURER(S}, AUTHORTZED REPRESE}{TATIVE OR PROOUCER, AIID THE CERTIFlcATE HOLD€R.
IXPORTAMT: lf t,le certilic.t hol&. i3 an AOOITIOI{AL NSURED, the policy(iee, hust he endor*d. lt SUBROGATIOT{ lS wAlvED, subject to th. 6!ms and cooditions o{ th€ polacy, ert h potiqi.3 may requiE in endoc.m.nt. A st.temeht or this c.rtificrte d€ not confs right3 to ttre pffirc€R Allied Specialty lnswance, lnc
1045t Guff Bodevard
Treasure lsland, FL 33706-1814
I -8{X}-237-3355 N3U€q31 lFffiG CO.'ZUGE xMa
nwnr T.H.E. lnswafice CgmDanv 1 2866
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dba: Zambelli Fireworks lnternatiorale, etal
20 South Mercer Street
New Castle. PA 16101
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ZA}I{B.ELLI FIRE WORKS MANUFACTURING CO.
THIS CONTRACT AND AGREEMENT (this "Contract") is made eflective as of this 96 day of November 2023, by and between:
Zambelli Firentorhs Manulaauring Co. of Wanendale, Pennsylvania (hereinafter referred to as "Zambelli"), -AND.
City of Tehachapi of Tehachapi, California (hereinafter referred to as "Client").
WHEREAS, Zambelli is in the business of desigring and performing exhibitions and displays of fireworks; and WHER-EAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof.
NOW, THEREFORE, in consideration of the mutual agreements herein contained:
Zambelli, intending to be legally bound, agrees as follows:
Zambelli agrees to sell, furnish and deliver to Client a fireworks display [per the program submitted by Zambelli to Client, accepted by Client and made a part hereofl (hereinafter referred to as the "Display") to be exhibited on the display date set forth below (hereinafter referred to as the "Display Date"), or on the postponement date set forth below [if the Display is postponed as provided herein], (hereinafter referred to as the "Postponement Date") which Display Date and Postponement Date have been agreed upon at the time of signing this Contract.
Display Dateilg!E!@4_ Postponement Date: n/a
2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as "Display Technicians") who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge ofand safely present the Display.
3. Zambelli agrees to furnish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 and 7 below. Client shall indemni$ and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising &om failure of Client, including through or by is employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 and 7 below. Zambelli fumished insurance exposure in connection with the subject Display is not subject to deviation. Should client request any scale of modification; corresponding fee(s) to accommodate shall not be bome by Zambelli.
Client, intending to be legally bound, agrees as follows:
4. Client agrees to pay Zambelli the sum of4E,000.00 (hereinafter referred to as the "Purchase Price"), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due at noon three (3) days prior to the Display Date. Zambelli reserves the right to add to Client's invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition, Client agrees to pay a postponement fee of fifteen percent (15%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph I I below) if the Display is fired on the Postponement Date, or twenty-five percnfi (25Y) of the Purchase Price plus Additional Third Party Charges if the Display is fired on a date other than the Display Date or the Postponement Date ("Alternate Date").
The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Altemate Dates will not include the period from June 28s through July 7fi. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by Zambelli. NO CASH shall be paid to any agent or employee of Zambelli, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 4, except as specifically provided in paragraph I I below.
Revised 2-12-l 8 M:\Word\Contracts
Client agrees to meet all deadlines including but not limited to the following:
(a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the "Display Area") and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association (.NFPA") standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelli and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking area, spectators, inhabited buildings, public roads, or active railroad.
Client shall submit a site map (attached hereto as Exhibit A) to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones.
(b) Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, state and United States Coast Guard C'USCG') permits, and arrange for any security bonds or insurance as required by law. Client will assist Zambelli when appropriate in completing permit applications.
If the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date.
If, in its sole discretion, Client designates an uirrea for members of the public to view the Display (hereinafter referred to as the "Spectator Area") or an area for vehicular parking (hereinafter referred to as the "Parking Area"), Client shall (a) ensure that the Spectator Area does not infringe on the Display Area" (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators, (c) have sole responsibility for ensuring that the Parking Area is safe for use, (d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that Zambelli shall not inspect any area other than the Display Are4 except to ensure that any Spectator or Parking Areas are outside the Display Area.
Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out ofthe Display Area and behind safety zone lines and limits.
Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Are4 and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area.
Client will include a direct reference to 'Zambelli Fireworks" in all promotional material, including but not limited to event schedules; radio, television, newspaper and internet announcements; newspaper articles; and other media.
The parties, intending to be legally bound, mutually agree as follows:
10. It is agreed and understood by the pades hereto that should inclernent weather prevent firing ofthe Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 14 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If therc is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and Client will pay to Zambelli, 50% of the Purchase Price, less any Deposit paid prior to the Display Date. ll. Client's cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorizedpersonrepresentingClient. IntheeventofcancellationoftheDisplay,thepartiesagreeasfollows:
(a) If Client cancels the Display more than sixt;r-one (61) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent (10%) ofthe Purchase Price plus Additional Third-Party Charges, as defined below.
5 (c)
6. 7
8. 9.
Revised 2-l 2-l 8 M:\Word\Contracts
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If Client cancels the Display from thi*y-one (3 I ) to sixty (60) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to twenty percent(20o/o) ofthe Purchase Price plus Additional Third Party Charges, as defined below. (c) If Client cancels the Display from five (5) to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent (30old ofthe Purchase Price plus Additional Third Party Charges, as defined below.
IfClient cancels the Display less than five (5) days prior to the day ofthe Display, Client agrees to pay Zambelli a cancellation fee equal to fifty percent (507d ofthe Purchase Price plus Additional Third Party Charges, as defined below.
(e) "Additional Third Party Charges" shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees.
Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially, adversely affect price, time of delivery, functional character or performance of the Display.
It shall be within Zambelli's and/or the Authority Having Jurisdiction's discrction to terminate the hring of the Display if any unsafe or unsuitable condition is identified. If such condition is not correcte4 Zambelli may cancel the Display without further liability to Client for such cancellation.
The parties agree to cooperate with the regulatory authorities havingjurisdiction over the Display, including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG (any such authority having jurisdiction over the Display is sometimes referred to herein as, the "Authority Having Jurisdiction"). The parties acknowledge that such govemmental regulatory authorities havingjurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected.
This contract shall be deemed made in the Commonwealth of Pennsylvania and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. The parties agree and consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the Federal District Court for the Westem Disfict of Pennsylvania to decide all disputes regarding this Contract.
If Client becomes bankrupt or insolven! or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambelli. If Client's financial condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proof of its ability to pay the balance ofthe Purchase Price.
Except to the extent" if any, specifically provided to the contrary herein, in no event shall Zambelli be liable to Client for any indirect special, consequential, incidental or punitive damages or lost profits, however caused and on any theory ofliability (including negligence ofany kind, strict liability or tort) arising in any way out ofthis contract, whether or not Zambelli has been advised ofthe possibility ofdamages.
If Client fails to pay the monies due under this Contract, Zambelli is entitled to recover the balance due plus interest at one and one-half percenl 0 % oA per month on amounts past due sixty (60) days or more. Further, on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recover the balance due, plus accrued interes! plus attorneys fees often percent (10%) ofthe amount past due, plus court costs, or, ifless, the maximum amount permitted by law.
(b)
(d)
12. 13.
t7
14. 15.
16. 18.
19. This Contract shall not be construed to create a partnership or joint venturc between the parties or persons mentioned herein.
Each party hereunder shall be excused for the period of delay in the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond is reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or intemrption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member), Federal, state, municipal or other governmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of,
20. Revised 2-l 2- I 8 M:\Word\Contracts
-3-
2t
24. written.
FOR Client:
BY
22. 23.
or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, intem.rption or curtailment of power supply, or act of God, natue or public enemy.
This Contract constitutes the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each ofthe parties.
Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, to .
This Conaact may be executed in one or more counterparts, each ofwhich shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute eflective execution and delivery of this Contract as to the parties and may be used in lieu ofthe original Contract for all purposes. This Conaact and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigrs.
IN WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above date
FOR: Zambelli Fireworks Manufacturing Co.
BY
date
John D. Haean - West Coast Project Manaeer
Printed Name and Title Printed Name and Title
Please sigr contract where indicated for Client and retum all copies for final acceptance to:
Zambelli Fireworks Manufacturing Co.
P.O. Box 986
Shafter, CA93263
Or email to: t.nichols@zambellifi reworks.com
CA Oflice: 80G322-7142
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-4-
CITY OF
APPROVED
DEPARTMENT HEAD:-
CITY MANAGER:_
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: NOVEMBER 20, 2023, AGENDA SECTION: CHIEF OF POLICE
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: RICHARD STANDRIDGE, CHIEF OF POLICE
NOVEMBER 15,2023
SUBJECT: ADOPTION OF AN ORDINANCE GOVERNING THE USE OF MILITARY EQUIPMENT IN ACCORDANCE WITH ASSEMBLY B!tt 481
DATE:
The Tehachapi Police Department is in possession of equipment that meets the criteria of being defined as Military Equipment in accordance with AB 481, which went into effect on January 1,2022 To follow the required legislation, the City Attorney and I have developed the required proposed city ordinance, department policy and inventory. I strongly believe this will provide our community with a better understanding of the equipment carried by their police department and ensure were open and forthright about our capabilities as it relates to public safety. Once passed by the City Council, I will ensure the policy is updated yearly in accordance with the applicable law.
The proposed ordinance was made public in accordance with policy, prior to this council meeting
RECOM NDATION
ADOPT AN ORDINANCE OF THE CITY OF TEHACHAPI ADOPTING A MILITARY EQUIPMENT
USE POLICY GOVERNING THE USE OF MILITARY EQUIPMENT BY THE TEHACHAPI POLICE
DEPARTMENT
CITYOF
TEHACHAPI
LEGALDEPARTMENT
oRDINANCE NO._
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI ADOPTING A MILITARY EQUIPMENT USE
POTICY GOVERNING THE USE OF MILITARY EQUIPMENT
BY THE POLICE DEPARTMENT
THE CIW COUNCIT OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOLTOWS:
Section 1. RECITAIS
WHEREAS, Assembly Bill 481 effective January I, 2022 was adopted by the California Legislature to require each public agency whose law enforcement department utilizes military equipment to adopt a policy regarding the purposes and authorized uses of the equipment, the fiscal impact of each type of equipment, the legal and procedural rules governing each authorized use, the training which must be completed prior to use of the equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties, the mechanisms to ensure compliance with the poliry, and the procedures by which members of the public may register complaints or concerns or submit questions about use of the equipment; and WHEREAS, Government Code Section 7071 prohibits acquiring military equipment prior to adoption of the military equipment use policy except in those instances where military equipment has been obtained by the agency prior to January L,2022 and, in that case, the city council shall commence the process of adopting the military equipment use policy no later than May 1, 2022 and complete its adoption within 180 days of commencing the adoption process; and
WHEREAS, a military equipment use policy must be approved at a public hearing at a CITYOT
TEHACHAPI
LEGALDEPARTMENT
regular meeting of the city council and, at least thirty days prior thereto, the proposed military equipment use policy shall be posted on the city's internet website; and WHEREAS, attached hereto as Exhibit "A" is the proposed City of Tehachapi Military Equipment Use Policy (hereinafter, the "Policy'') which has been posted on the City of Tehachapi's internet website as of
_,
2023 and which is in compliance with the
requirements of Assembly Bill 481 and California Government Code Sections 7O7O,7071, and 7072.
Section 2. FINDINGS
The City Council hereby determines and finds all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and
(C) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Section 3. APPROVAL
The City Council of the City of Tehachapi, after making the findings described in Section 2 of this Ordinance and following a duly noticed public hearing, after considering all public testimony as well as all materials in the staff report and accompanying documents hereby adopts the City of Tehachapi Military Equipment Use Policy attached hereto as Exhibit uA,".
Section 4. CAIIFORNIA ENVIRONMENTAL QUALITY ACT.
This ordinance is exempt from the requirements of the California Environmental CITYOT
TEHACHAPI
LEGAL DEPARTMENT
CouncilMembe
MICHAEL DAVIES, Mayor, CitY of
Quality Act (CEQA) pursuant to Section 15061(bX3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment. The adoption of the Ordinance is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(bX3) of the California Code of Regulations.
Section 5. SEVERABILIW.
Each of the provisions of this Ordinance are severable. lf any provision shall be declared to be invalid, the remaining provisions shall not be affected thereby but shall remain in full for and effect.
Section 5. EFFECIIVE DATE.
This Ordinance shall take effect 30 days after the date of its passage and within 15 days of its passage shall be published as required by law in a newspaper of general circulation, printed and published in the City of Tehachapi.
INTRODUCED at a regular meeting of the City Council of the City of Tehachapi, California on the
-day
of ,2023.
pAssED AND ADOPTED by the City Council of the city of Tehachapi at a regular meeting held on the- daY of 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
CouncilMem
CouncilMem
CouncilMembe
CITY OF
TEHAGIAPI
LEGAL DEPARTMENT
Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on 2023.
TORI MARSH, City Clerk of the
City of Tehachapi
CITYOF
TEHACTIAPI
LEGAL DEPARTMENT
EXHIBIT "A"
[Military Equipment Policy]
806
Policy and
Procedure
Tehachapi Police Department
Tehachapi PD Policy and Procedures Manual
Military Equipment
806.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code S 7070; Government Code S 7071; Government Code S 7072).
806.1.1 DEF|NTT|ONS
Definitions related to this policy include (Government Code $ 7070):
Governing body - The elected or appointed body that oversees the Department.
Military equipment - lncludes but is not limited to the following:
. Unmanned, remotely piloted, powered aerial or ground vehicles. . Mine-resistant ambush-protected (MRAP)vehicles or armored personnel carriers. . High mobility multipurpose wheeled vehicles (HMM\ A/), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. . Tracked armored vehicles that provide ballistic protection to their occupants. . Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. . Weaponized aircraft, vessels, or vehicles of any kind. . Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code $ 30510 and Penal Code $ 30515, with the exception of standard-issue firearms.
. Any firearm or firearm accessory that is designed to launch explosive projectiles. . Noise-flash diversionary devices and explosive breaching tools. . Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
. TASER@ Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADS).
. Kinetic energy weapons and munitions.
. Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LlC2023lOBl29. All Rights Reserued.
Published with permission by Tehachapi Police Department ***DRAFT** Military Equipment - 1
Tehachapi Police Department
Tehachapi PD Policy and Procedures Manual
Military Equipment
806.2 POLTCY
It is the policy of the Tehachapi Police Department that members of this Department comply with the provisions of Government Code $ 7071 with respect to military equipment. 806.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) ldentifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Tehachapi Police Department (Government Code S 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(0 Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code S 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
806.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
finsefr attaehrnent here]
1.7 Smith & Wesson MP 15 SemiAutomatic Patrol Rifles (.223 Caliber) 2 Defense Technology 40 MM Less Than Lethal Launchers
806.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code S 7071). The Copyright Lexipol, l.l9 2023108129, AJI Rights Reserved.
Published with permission by Tehachapi Police Department *NDRAFI** Military Equipment - 2
Tehachapi Police Department
Tehachapi PD Policy and Procedures Manual
Military Equipment
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code $ 7071):
(a) Requesting military equipment made available pursuant to 10 USC S 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(0 Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 806.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 806.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code S 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code $ 7072 for the preceding calendar year for each type of military equipment in Department inventory. 806.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexipol, LLC 2023/08/29, All Rights Reserved.
Published with permission by Tehachapi Police Department ***DRAFI** Military Equipment - 3