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, APRIL 15, 2024 - 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
COMMUNITY ENGAGEMENT REPORTS
1. Mayor to present a proclamation to the Tehachapi Police Department Dispatchers for National Public Safety Telecommunicators Week - April 14 -20 - PRESENTATION
2. Mayor to present a proclamation for National Autism Awareness Month - PRESENTATION
CONSENT AGENDA
3. All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff.
Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, APRIL 15, 2024 - 6:00 P.M. - PG. 2
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m. on the Monday preceding the Council meeting; otherwise, response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
4. 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. 06-24
Tehachapi City Council Unassigned Ord. No. 24-01-777
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 02-24 Tehachapi Public Financing Authority Unassigned Res. No. 01-24 * 5. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on April 1, 2024 – APPROVE AND FILE
* 6. Special Event Application – National Day of Prayer – APPROVE THE NATIONAL DAY OF PRAYER SPECIAL
EVENT APPLICATION AND ASSOCIATED STREET CLOSURES SUBJECT TO STAFF CONDITIONS, CITY
MANAGER AND CITY ATTORNEY APPROVAL
FINANCE DIRECTOR REPORTS
* 7. Disbursements and bills for March 27, 2024 through April 9, 2024 - AUTHORIZE PAYMENTS * 8. Annual action to initiate the process and declare the City’s intention to levy assessments within the Landscaping and Lighting District No. 1 – ADOPT THREE (3) RESOLUTIONS: (1) INITIATING PROCEDURES FOR LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024/2025; (2) PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT; (3) DECLARING THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS, WHICH SETS THE TIME AND PLACE OF THE PUBLIC HEARING FOR MONDAY, MAY 6, 2024 AT 6:00 PM
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, APRIL 15, 2024 - 6:00 P.M. - PG. 3
* 9. Annual action to initiate the process and declare the City’s intention to levy assessments within the Drainage Benefit Assessment District No. 1 and No. 1B - ADOPT THREE (3) RESOLUTIONS: (1)
INITIATING PROCEDURES FOR LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024/2025; (2) PRELIMINARY APPROVAL OF THE CONSOLIDATED ENGINEER’S REPORT; (3) DECLARING THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS, WHICH SETS THE TIME AND PLACE OF THE PUBLIC HEARING FOR MONDAY, MAY 6, 2024 AT 6:00 PM
ASSISTANT CITY MANAGER REPORTS
10. PUBLIC HEARING - New Refuse/Recycling Rates– OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING; STAFF RECOMMENDATION; ADOPT A RESOLUTION ADOPTING SOLID WASTE AND RECYCLING RATES
11. Amended and Restated Franchise Agreement with WM – APPROVE THE ATTACHED AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN WM, DBA: USA WASTE OF CALIFORNIA, INC. AND THE
CITY OF TEHACHAPI AND AUTHORIZE THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER AND CITY
ATTORNEY APPROVAL
12. Surplus Land Act exemption and authorization for real property negotiator – ADOPT A RESOLUTION DECLARING PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221(f)(1)(B) THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED ON C STREET AND IDENTIFIED AS APN 040- 070-08 and APN 040-070-03 IS NOT NECESSARY FOR THE CITY’S USE AND IS EXEMPT SURPLUS LAND,
FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS; AUTHORIZE THE REAL
PROPERTY NEGOTIATOR TO DISPOSE OF THE PROPERTIES FOLLOWING APPROVAL OF THE
EXEMPTION BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
PUBLIC WORKS DIRECTOR REPORTS
13. Street Sweeper purchase – APPROVE STREET SWEEPER TYMCO MODEL 435 PURCHASE FOR A TOTAL COST OF $258,009.55 AND AUTHORIZE THE CITY MANGER TO SIGN THE PURCHASE AGREEMENT
DEVELOPMENT SERVICES DIRECTOR REPORTS
14. Memorandum of Understanding for cost reimbursement for the Dennison Road Widening Project –
APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEHACHAPI AND
TEHACHAPI UNIFIED SCHOOL DISTRICT TO CONSTRUCT THE DENNISON ROAD WIDENING PROJECT
ADJACENT TO THE TEHACHAPI HIGH SCHOOL CAMPUS AND AUTHORIZE THE MAYOR TO SIGN
15. Northside Neighborhood Sidewalk Phase 3 – I Street Project – Award Bid – AWARD THE NORTHSIDE NEIGHBORHOOD SIDEWALK PHASE 3 – I STREET PROJECT TO S&H CIVILWORKS IN THE AMOUNT OF $104,500.00. AUTHORIZE THE CITY MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 10% OF THE ORIGINAL CONTRACT (OR $10,450.00). * 16. Certificate of Acceptance for Irrevocable Offers of Dedication for ingress, egress, and road purposes on Tucker Road and Highline Road – ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI APPROVING CERTIFICATES OF ACCEPTANCE FOR IRREVOCABLE OFFERS OF DEDICATION
FOR INGRESS, EGRESS AND ROAD PURPOSES ON TUCKER ROAD AND HIGHLINE ROAD
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, APRIL 15, 2024 - 6:00 P.M. - PG. 4
* 17. Adoption of CEQA Determination for the Capital Hills Area resurfacing project – APPROVE THE CEQA
NOTICE OF EXEMPTION AND DIRECT STAFF TO FILE SAME
CITY MANAGER REPORTS
18. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. Closed session minutes of April 1, 2024 meeting – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
3. 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
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL L5,2024, AGENDA SECTION: COMMUNITY ENGAGEMENT CITY MANAGER:
DEPARTMENT
APPROVED
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: KEY BUDGE, COMMUNITY ENGAGEMENT MANAGER
DATE: APRTL LO,2024
SUBJECT: NATIONAL PU BLIC SAFETY TELECOM M U N ICATORS WE EK We are requesting the Tehachapi City Council proclaim the week of April 14 through April 20, 2024, as National Public Safety Telecommunicators Week.
The second week of April annually public safety agencies across the United States recognize the hard work, dedication and sacrifice made by these essential employees. 24 hours a day, 355 days a year Public Safety Telecommunicators are working and managing 9-1-1 call centers across the country.
At the Tehachapi Police Department, we have five individuals who are specially trained and assigned to respond to the emergency needs of the public. They help manage some of the most terrifying and stressful moments of our community members lives. The Public Safety Telecommunicators referred to as dispatchers by some are the lifeline for not only the public but our police officers in the field as well. They are the ones that listen for emergency radio traffic from an officer in distress and relay the information on to other officers so they can respond to render aid.
Public Safety Telecommunicators are the unsung heroes who provide calm during the storm. ln addition to the five personnel assigned to this duty on a fulltime basis TPD also has two additional staff members who are trained and have worked this assignment for many years.
Karie-Anne Ritchie, Records and Communications Supervisor would like to share a little more regarding her team.
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL L5,2024 AGENDA SECTION: COMMUNITY ENGAGEMENT
DEPARTMENT
APPROVED
ctw
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: KEY BUDGE, COMMUNlTY ENGAGEMENT MANAGER
DATE: APR!t LO,2024
SUBJECT: NATIONAL AUTISM AWARENESS MONTH
We are requesting Mayor Davies and council to proclaim the month of April 2024, as National Autism Awareness Month.
According to the Centers for Disease Control and Prevention, Autism has been identified in 1 in 36 children.
Autism Spectrum Disorder is reported to occur in all racial, ethnic, and socioeconomic groups. People with ASD often have difficulty with communication and interaction with other people. They have restricted interests, repetitive behaviors and have symptoms that affect their ability to function in school, work, and other areas of life.
Joining us this evening are Timaree Torres a Family Resource Specialist from the H.E.A.R.T.S. Connection (Help Encourage Advocate Resources Training Support) of Kern County. Joining her is Donovan Brown from Tehachapi.
We now ask Mayor Davies and council to proclaim April as Autism Awareness Month in the City of Tehachapi
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, APRIL 1, 2024 – 6:00 P.M.
NOTE: Sm, Da, Pa and Po are abbreviations for Council Members Smith, Davies, Pauer, and Pogon-Cord, respectively. For example, Pauer/Sm denotes Council Member Pauer 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 Chung, Councilmember Smith
Absent: Councilmember Pauer
INVOCATION
Led by Father Gregory Beaumont, St. Malachy Roman Catholic Church
PLEDGE TO THE FLAG
Led by Councilmember Smith
1. CONSENT AGENDA Approved
Sm/Po Motion Carried
Ab Pa
2. Public comment
CITY CLERK REPORTS
* 3. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing, and the Tehachapi City Financing Corporation regular meeting held on March 18, 2024 – APPROVED AND FILED Approved And Filed
Sm/Po Motion Carried
Ab Pa
Tehachapi City Council Regular Meeting –April 1, 2024
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for March 14, 2024 through March 26, 2024 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Po Ayes All
5. RSI Disbursements and bills for March 14, 2024 through March 26, 2024 –
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Pa Ayes All
6. 2023/24 Mid-Year Budget Adjustments – FINANCE DIRECTOR HAMED JONES GAVE STAFF REPORT; APPROVED THE 2023/24 MID-YEAR BUDGET
ADJUSTMENTS AS PRESENTED
Approved The 2023/24 Mid-Year
Budget Adjustments As
Presented
Sm/Ch Motion Carried
Ab Pa
* 7. City of Tehachapi Investment Report through February 2024 – RECEIVED REPORT
ASSISTANT CITY MANAGER REPORTS
8. Advertising policy for city owned facilities and special events – ASSISTANT CITY MANAGER COREY COSTELLOE GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 05-24 ADOPTING A FACILITY AND EVENT ADVERTISING POLICY AND
AUTHORIZED THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER AND CITY
ATTORNEY APPROVAL
Adopted Resolution No. 05-24
Adopting A Facility And Event
Advertising Policy And
Authorized The Mayor To Sign,
Subject To City Manager And City
Attorney Approval
Ch/Po Motion Carried
Ab Pa
CITY MANAGER REPORTS
9. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed session minutes of March 18, 2024 meetings Received and Filed Sm/Po Motion Carried
Ab Pa
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
Tehachapi City Council Regular Meeting –April 1, 2024
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
ADJOURNMENT
The City Council/Boards adjourned at 6:47 pm to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Monday, April 15, 2024 at 6:00 pm.
Adjourned At 6:47 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 15th day
of April 2024.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
Y OF
TEHACHAPI
COUNCIL REPORTS
MEETING DATE: APRIL t5,2024 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT H
CITY MANAGER
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRE TOR
DATE: APRTL 8,2024
SUBJECT: SPECIAL EVENT APPLICATION - NATIONAL DAY OF PRAYER
APPLICANT AND ORGANIZATION
Brian Drucker, National Day of Prayer Task Force
EVENT DESCRIPTION
National Day of Prayer will be held on May 2, 2024,from 72 pm - 1 pm on S Robinson Street, in front of City Hall. This event is open to the public.
APPLICANT REQUESTS
o Closure of S Robinson Street, in front of City Hall.
o No Parking signs up 24 hours prior stating "No Parking from 11 am - 2 pm." o Street barricades from the Public Works Department.
STAFF CONDIT!ONS
Administration:
1. Al! City facilities must be properly cleaned immediately following the close of the event.
RECOMMENDATION
APPROVE THE NATIONAT DAY OF PRAYER SPECIAL EVENT APPLICATION AND ASSOCIATED STREET CTOSURES
SUBJECT TO STAFF CONDITIONS AND CIW MANAGER APPROVAL
CALIFORNIA
TEHACHAPI
ITECEIVED
City of Tehachapi
. r, rr.h rrh:o' Special Event Application
Applicant lnformation
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Sponsoring Organization lr.l'"{ rrrno\ ar- -of llartPr
Street Address n-tzq (ffi
city, state, Zip code
Day Phone l- t
Mobile Phone $t- 15 I
E-mailAddress rlrrlcke-rt' u
Contact Person "on-site"
day of and mobile number Brtan T) cker 661 ' 55 c8
Event Title
Event Date
Event Location
Event Hours Start: End w
Date -) Time:
Break Down Date: Time
Clean finalized Date z
Person Res e for clean Mobile S: -{6
Estimated Event Attendance: i
ls this event an annual event? s,ES
ls this event n to the blic?
ls this event for money raising purposes
lf yes, what will proceeds be used for?
Overall Event
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Explain the event and activities in detail: For events longer than hrro days, please submit a daily agenda with specific times and locations.
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Procedures for Special Event Applications
All required material must be submitted a minimum of 60 days prior to the event so the City Attorney and staff can review the following material.
When application is turned in, it must be accompanied with the following:
1. A copy of the entire insurance policy with the following:
a. Certificate of lnsurance showing all additional insured, exact dates of event, exact location(s) and name of all premises that will be used, the name of event and indemnifications statement (see below)
b. s1,000,000 liability
c. Separate endorsement stating such insurance is primary, and that any other insurance maintained by the additional named insured's is excess and not contributing insurance with respect to the subject insurance poliry.
d. lf the event will be arts and crafts, a vendor's insurance policy will need to be obtained and provided to the City with the certificate of insurance.
THE FOLLOWING MUST BE INCLUDED WITH THE CERT!FICATE OF INSURANCE AS ADDITIONAL INSURED IN ORDER TO BE ACCEPTED:
The City of Tehachapi, its council members, officerc, employees and agents 115 South Robinson Street, Tehachapi, CA 93561
2. Map showing locations and set-up of event.
3. List of vendors (see vendor information box for further details). Please note: There is a 55.00 charge per vendor, payable by the event applicant.
4. A 5200.00 refundable cleaning deposit is required for all events held on City property. The cleaning deposit will be refunded after the event is held and the event site is inspected.
5. For larger eyents, City staff may request fees be paid for city staff attendance, clean-up or security at the event.
5. Paint of any sort on city streets or sidewalks is strictly prohibited. Chalk paint is permitted.
7. For large community events, the applicant must contact the Special Event Coordinator at City Hall to coordinate and discuss the submission of their event application. t'NOTEir Special Events may be subject to City Council approval lncomplete applications will not be accepted.
Parade/Street Closu re lnformation
Street Closure n vl\ End Time: 2-e *y
Name5 of Streets to be Closed: I
Q.rrb tn <z',t,t q+ Between And
in 'Srt,ur* cF C*" l.+att Between And
/ Between And
Map of event MUST be included.
The event holder is responsible for animal waste cleanup after the parade or petting zoo.
Tehachapi Police Department may requiqe traffic conrol andlor crossing guards.
Entertainment lnformation I
Will your event have a DJ or live music?
Number of stages
Start time: Finish Time:
Name of lnflatable Vendor and Contact lnformation
Will a drone be used at your event?
see FAA
lnformation
Willyou hire a security company?
lf yes, please me of the company and the schedule:
Please Note: The Tehachapi Police Department application to make a final determination as to the number of officerc, willbe required to have in order to make sure your event
Potable Water and
Restrooms
may be
Please
event require potable water (use of a hydrant meter)? (Hydrant meter application and required.)
will
Do you plan to provide Portable facilities at your event? (may be required based on size of eventl
lf yes, what is the name of the company you will
lf no, please describe Plan:
Restroom
Restroom
set up d
date:
Number of ADA accessible toilets
Number of hand sinks:
Total number of toilets:
Start Time:
Will you have inflatables at the event?
location:
Sanitation and Recycling
The applicant is responsible for leaving the venue clean and clear of debris. Please describe the plan for cleanupa I of waste, recyclable goods and garbage during and after the event. Failure to will result in the eposit being forfeited
Sanitation
Equipment set up date
ui nt date
Number or recycling conta
Number of trash cans:
Number of
, please specify your plan
f ood/Berrerage/Vendor lnformation
Does your event involve the sale or consumption of alcoholic beverages? rf yes, a event permit may be required. Contact ABC at (661) 395-2731 or The permit issued by ABC must be d isplayed during the coholic beverages will be for the
application
sold and a copy will uired for City approval.
Describe how you will ensure alcoholic beve consumed only by people 21 years or older Circle type of alcohol beingsoll/ffied \. Beer/Wine Liquor Alcoholic beverages "ri@ \me (from): Time (to)
lf yes, a Health permit is required. Contact Kern County Enviro (661) 862-8740 or ryyyyq.lqrnpub!$eal_tieqm for the application be required for City approval.
vendors?
Willyour eve Food Vendors?
How
I Health Department at
A copy of the Health Permit will
r Please provide a list of vendors including vendor name, type of vendor, phone number, sellers permit number.
t A copy of the vendor's insurance certificate is required. Vendors may obtain insurance for the HUB lnsurance www.eventinsu re.com
*There is a 55.00 charge per vendor, payable by the event applicant ss, and
at
How many vendors?
Will there be merchandise vendors at your event?
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TEHACHAPI
MITIGATION OF IMPACT
Due to the nature of your event, the City of Tehachapi may require you, at your expense, to officially notify residents, business; places of worship, schools and other entities that may be directly impacted by your event.
LIABIIITY I NSURANCE REQUIREMENT
lnsurance requirements for persons or organizations wishing to use City facilities should be as follows:
The party requesting to use the facility ("applicant") shall secure and keep in force during the entire term of applicant's use of the facility and covering all of applicant's activities with respect to the facility a comprehensive general liability insurance policy with bodily injury, property damage, and contractual coverage of not less than 5t million per occurrence and including a comprehensive coverage form, and coverages for premises/operation, operations hazard, complete operations, and products liability, and containing special endorsements providing substantially the following:
1) That the City of Tehachapi, its agents, officers, employees and governing body and each member thereof are declared to be an additional named insured under the terms of the policy with reference to the activity described in the policy, whether such additional insured be actively or passively negligent or liable by operation of law;
2) Contractual liability coverage underwriting the obligations of applicant to hold harmless, indemnify and defend each of the insureds provided herein and liquor liability coverage if alcoholic beverages will be served, sold, or consumed.
3) "Cross liability" or "severability of lnterest" coverage for all named insureds; 4) That such insurance is primary, and that any other insurance maintained by the additional named insureds is excess and not contributing insurance with respect to the subject insurance poliry; 5) That the insurer waives all rights of subrogation against the additional named insureds; G) That the coverage afforded by such policy to the additional named insureds shall not be prejudiced in any way by any failure of the principal insured to comply with any notice requirements of such policy; and
7) That such policy may not be canceled, coverage reduced, or terms altered in any manner detrimental to the coverage except after delivery to the City of written notice not less than t5 days prior to the effective date of such cancellation, reduction or alteration. No such cancellation provisions in any such insurance policy shall be construed in derogation of the continuous duty of applicant to furnish insurance during the term of applicant's use of the facility. The lapse for any reason of insurance as required herein shall constitute breach of this requirement.
The facility shall not be used until applicant has provided City with a duly certificated certificate of insurance issued by an insurance company approved by City and evidencing that the policy has been issued, is effective, and complies with the foregoing requirements. The applicant must also provide the City with a facsimile of the insurance policy and no use of the facility can be made until the City has approved the policy.
INDEMNIFICATION
Applicant hereby agrees to indemnify, defend, and hold harmless the City its Councilpersons, Boards, Commissions, Officers, and Agents from any and all claims, demands, suits, judgements, liability, damages, costs, and expenses arising out of or related to applicant's use or occupation of City's streets or facilities including, without limitation, any of the foregoing relating to the spread of the Coronavirus or its variants at the applicant's function, any of the foregoing relating to quarantining, hospitalization, or death from same, and including but not limited to, any act or omission to act on the part of City, its Councilpersons, Boards, Commissions, Officers, Employees or Agents, whether active or passive.
Applicant Signature tl 24
lncomplete, illegible, and/or unsigned applications will not be accepted. Submission of a Special Event Application constitutes a request to use City property for the purpose of an event and does not guarantee event approval.
. I understand that if I am utilizing a city-owned facility I am responsible to clean the above requested facility, by removing all rubbish, debris, etc., and restore the grounds/facility back to a clean and orderly condition. I further understand I will be required to pay a 5200 deposit, at the city's discretion, for clean-up of the grounds/facility, and upon inspection of the grounds/facility, the deposit, may be fully or partially refunded, depending upon the condition the facility is left in by the user. . lf any department within the City feels extra costs will be incurred, the applicant will be responsible for paying these fees. . Applicabte overtime rate may apply if a Public Works employee is called out for event. r Event organizer is responsible for electrical needs. "Quiet Generators Only'' . I understand that power will not be available unless pre-arranged. A fee may be charged at the cit/s discretion. . l, the undersigned, have read the above statements, general regulations and insurance requirements attached to this contract, and understand them and agree fully. 'You are required to comply with the latest Covid-l9 Guidelines issued by the State of Glifornia, the Kern County Public Health Department to the extent its guidelines exceed those of the state, and the Center for Disease Control to the extent its guidelines exceed those of the state. Attached are the latest guidelines available. You must monitor the Covid-19 websites for the state, the Kern County Department of Public Health Department, and the Center for Disease Control to determine any updates to the foregoing guidelines and comply with those updates."
R;^^- Qr,r5^- o.,"
Applicant Signature 13;8,"',.1^- Lr 4 '2{rZq
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Accounts Payable
Checks
User:
Printed:
Check No Vendor No
Invoice No
C
'TY
O F
by Date - Detail by Vendor Number
afrescas
41912024 11t45 AM
Vendor Nrme
f'a^f
I
-
t YTEHACHAPI
CALIFORNI IA
Check Date
Reference
CbeckAmount
ACH 0182
8801
ACH 0310
010-57831
ol0-57832
010-57832-A
010-57832-B
010-57832-C
010-57832-D
010-57832-E
0r0-57832-F
010-57832-G
010-57E32-H
010-57832-I
010-57832-J
010-57832-K
010-5'1832-L
010-57E32-M
P&J Electric lnc.
ITlcamera Projec 2,t02.61
Total for this ACH Check for Vendor 0l 82:
Total for Vendor 0182 (P&J Elecrric Irc.):
Willdan Finarcial Services
CFD 2017-1 4th Qtr
LLD Admh TR 6062 Heitage OaktFy2023-24
LLD Admin TR 6212 Cleat \\ewlw2023-24 Al
LLD Admin TR 6215 Autumn Hill*tFy2023:24
LLD AdmiD TR 6216 Alta Homef'1Fy2023-U A
LLD Admh TR 6248 G€tald Jorgensen/FY2023
LLD AdEin TR 58l2 KB Orchard Glen-DeDnis(
LLD Admin TR 4927 Mullbetry PlacelF\2023-,
LLD Admin TR 6360 Mill SL Cottag€s/FY2023'
LLD Admir PM I 0997 Indushial Pkwy/FY2023
LLD Admin PM 11353 Tehacbapi Blvd./FY2023.
LLD Admh PM 12219 ilot Tmck Stop/FY2023-
LLD Admin TR6668 Pinonlwzo23-U Apt-\m
DBAD PM 113 53/FY2023-24 Apr-rl!tr
DBAD PM 10997/FY2023-24 Apr-I!|n
Total for lhis ACH Check for Vendor 03 l0:
Tobl for Vendor 0310 fWilldan Financial Services):
Southen Califomia Edison
AL/8000146155/DeDnison to wy 58/Feb ls-Ma
Air/8000152422/314 N Hayes St/Feb l5-Mar 1?
A 8000361331,314 N Hayes St Papi,/Feb 15-M
Air/8000880034/3 14 N Hayes St #G3lFeb I 5-Mi
Air/8001144201/314 N Hayes St #B,treb l5-MaI
Ak/8003312447/l3l4N Hayes Stfeb 1s-Mar l;
Air/8003312881/9999 1/2 Hayes/Feb l5-Mar 17
Ai/ECr033265958l6 N Mojave St/F€b 15-M.r I
Ai/800335,16l4/West End Teh Airport/Feb 15-I!
PW8001026848/101 Commercial Way/Feb l5-l
CG/8003354652/115 S Robinson StFeb 15-Mar
DSD/8003367862117 S Robiison St/Feb 15-ME
Aii/E00103?9E1409 BryEn Cy'Feb l5-Mar 17 20
Air/E0026729E4/41 5 N DeDnison/Oct 23 2023-I
Strtt800077E639/l 668 Tehachapi Blvd A,/Feb 2l
Strty8000?7943 I / I 668 Tehachapi Blvd BlFeb 2l
Sms/8003489234/500 Tucker Rd,treb 2-Mar 4 2l
Strty8002475381/2069 E TehachaDi Blvd B/Feb
2,102.61
2,102.61
1,521.53
t90.71
128.74
216.95
691.66
90.?5
632.39
5.33 3s.10
14.1E
24.99 49.68
39.09 334.67
33t.94
4,320.37
ACI{ 03'72
03r82024
031a2024-A
031E2024-B
03182024-C
03182024-D
03r82024-E
031E2024-F
03182024-G
03182024-H
03rE202+r
0318202+I
0318202+K
0318202+L
03192024
03202024
03202024-A
03202024-B
03202024-C
4,320.37
232.O2
106.s6
8t.76
24,77
271.20
156.12
|8.92
3't.o9
118.51
74.35 |,226.27
301.81
25s.34
14.65 2'/.60
15.82 28.17
AP Ch€cks by Dat€ - D€tail by Veador Number (4/9/2024 11t45 AM) Page I CheckNo Vetrdor No
Invoice No
Vendor Name Ch€ck Date
R€ference
Ch€ckAmount
0320202+D
032t2024
03212024-A
0321202+8
03222024
03222024-A
03222024-B
0322202+C
03222024-D
03222024-E
03222024-F
0322202+G
03222024-H
03252024
03252024-1\
0325202+8
03252024-C
03252024-D
03252024-E
o325202+F
032s202+G
03262024
03252024-A
03262024-B
o326202+C
03262024-D
03262m4-E
Strtv80024890912069 E Tehacbapi Blvd A,treb
sfrs/8000502976/318 East E st/Feb 21-Mar 20 i
PW8001 I l5l3 8/t 14 S Cre€d St./Feb 2l -Mar 20
Strtv8000973948/113 S Mojave Sr/Feb 21-Mar:
StrtVE000568732213 S Curry St A,Feb 22-Mar
GG/8002706277 /200 W Tehacbapi Blvd,feb 22-
PD/8002893411/220 Wesr C St/Feb 22-Mar 21 2
LI-D1800295147 5/329 l 12 D StlF eb 22-Mar 2t 2
Strts/8000489050/TR 2995 Oakwood-Valley^.{,
Strts/8001916915/100 WTchachapi Blvd #B/Fel
Stts/8@ 1941899/ 101 West F St-/Feb 2-Mar 4 2(
LLD I E0024 525 49 lf R 2995 Oakwood-Valley^4.
Strts/8002452549/TR 2995 Oakwood-ValleyMa
GG/80000724721 I 1 West I St/Feb 23-Mar 24 2l
strrs/800 t 658814/866 Tehachapi Blvd/F€b 23-M
GG/800332665 I / 109 E Tebachapi Blvd/Feb 23-l
GG/E001 996165/ I 125 Capital Hils/Feb 23-Mar
Sw/8003352493/880 Enteryrise WWTP Pond/F,
Swr/800252 I 2041800 Entelprise/Feb 23-Mar 24
Ststv8003685019/333 1,2 E Tehachapi Blvd/Feb
Strtv8004951232209 1/2 E Tehachapi Blvd,/Feb
Strts/8000096590/205 N Mi[ SiFeb 2GMar 25
Strts/8001230096/335 Tehachapi BlvdPed/Feb i
Strtv80033652E5/Tehachapi Blvd do creen trel
Strty80038E735Z1 03 Tehachapi Blvd/Feb 26-M
Strts/8003887511/101 E Tehachapi Blvd #B/Feb
PW8000413506/801 Mouataitr View Ave/Feb 2l
Total for this ACH Check for Vendor 0372:
Total for Vendor 0372 (Southem Califomia Edisoo):
Tehachapi Senior Center Itrc.
Utility Cost SupportMoals on Wheels
Total for this ACH Check for Veador 0445:
Total for Vendor 0,145 (Tebachapi Sedor Center lac.):
WTITS Everything for the Office
Gc^4arkers/Copy Paper
GG/Steno Not€books/Penvlnbels/Xerox Paper
GGDop-up Notes
CG/Red tnk tubbotr
Total for rhis ACH Ch€ck for Veddor (N76:
Total for V€ndor 0476 (WTTS Everything for the Ofrce):
Kem Coruty Public Works Dept
Total Operation Cosy'Feb 2024
L€ss larebox Reveaue/Feb 2024
66.01 44.50
41.96 6t;75
15.95 t12.59
2,632.52
24.95 r49.28
68.68 r24,07
321.47
9,172.42
21.t3
t6,45
47.02 2,934,t1
13,444.00
64.24 16,90
52.36 40.56
21.38 33.63
I19.,10
34.22 33,292.50
ACH o445
sc33t2024
33,292.s0
,r00.00
400.00
ACH o4'76
338?31
338810
339184
339309
ACH 0842
T19438
T19438-A
,{O0.00
120.50
548.48
54.'14
10.E0
734.52
734.52
12,91.48
-t9t.93
12,80s.55
AP Checks by Dat€ - Detail by Vendo! Nuhber (4/9/202 11:45 AM) Total for this ACH Check for Vendor 0842:
Page2
CheckNo vendor No
Invoice No
Ve[dor Nrme
D€scriptiotr
Check Date
Refer€nce
Cb€ck Amount
ACH 1286
57959
58001
58048
58090
5Er25
5E205
58243
58255
58256
ACIj 214'7
t8s24
Totat for Vendor 0842 (K€rn County Public Works Dept.):
M&Ms Sports Uniforms & Embroidsry
P
P
P
P
P
P
P
ED
E
Total for lhis ACH ChecL for V€ndor 12t6:
Total for Vendor 1286 (M&Ms Sports Uoiforms & Emb(oidery):
Coffee Break Service Irc.
Gc/Coffee Sereice & Supplies
Total fo. this ACH Check for Veador 2147:
Total for Vendor 2147 (Cotree Break Serice Inc.):
DataProse Inc.
ReflUtility BiIs - Priatidg/Feb 2024
Whrut ity Bills - PrhtingFeb 2024
Serrutifity Bils - PrintiEg/Feb 2024
Ref/Utility Bills - Postage/Feb 2024
Wtrrut ity Bills - Postage/Feb 2024
Swrrut ity Bi s - PostagdFeb 2024
Tolal for this ACH Check for Veodor Z7E:
Total for Vendor 2478 (DataPrcse loc.):
12,805.55
393.43
I,100.34
36.81 55.21
3.52 21.@
50.41 1,170.38
t,372.16
4,209.t6
4,209.86
tl).))
ACH 24',18
DPU00174
DP2400174-A
DPU$w7+B
DP2400174-C
DP2400114-D
DP2440174-E
125_55
192.51
192.51
192.51
522.80
522.81
522.81
2,145.95
usPs-Poc
Postae€/Acat #8104072
2,t45.95
1,000.00
ACH
ACH
26'16
usPs4224
282',1
04E8714
Total for this ACII Cheok for Vetrdor 2676:
Total for Vendor 2676 (USPS-POC):
SymbolArts LLC
PD/Ofrccr Badg€6
Total for this AcH check for Vendor 2827:
Total for vendor 2827 (SymbolArts LLC):
Sim Sanitatiotr Inc
Airltr{onthly Standard Rental & Servicc
1,000.00
1,000.00
444.44
ACH 2902
M152t
44E.44
160.48
AP Ch€cks by Dele - Detail by Veddor Number (419/2024 ll..45 ANI) Pag€ 3 CheckNo Vendor No
Invoice No
Vendor Nam€ Check Date
Reference
Check Amount
Total for this ACH Check for Vendor 2902:
Total for Vendor 2902 (Sim Sanitatior lrc):
CivicPlus LLC
CC lrmicode Admin SuppoftFee/Jrm | 2OZ4-M
Total for this ACH Check for Vendor 2914:
Total for Vendor 2914 (CivicPlus LLC):
Verizou Wireless
GG,A4obile Broadband #77 2231 6548 eb \9 -M?!
Pw^,lobile Brcadband t972237 654tF eb 19-Mar
Snr^4obile Broadbard #77 2231 654/F eb l9-Ma1
PD/Ilobile Bmadband #7 7 2237 65 4 E eb 19 -Mar
Fin/Mobile Broadband #772237 654Feb lg-M.t
EDnvlobil€ Broadbad #772237 654lFeb tg-l,A''.ar
FM/Mobile Bmadbard #772237 6548 eb 19 -Mar
CoD,/Mobil€ Brcadband #7 1 2237 6:4 E eb | 9-Mt
ITlMobile Broadband #772237654/Feb t9-Mar .
CE^dobile Broadband #37 2237 67 6/F eb 2t -Metr
PDMobile Broadband #372237 67 6lFeb 2l-Mar
Total for this ACH Check for Verdor 301 1 :
Total for Vendor 301I (Verizon Wireless):
Kem County Animal Sewices
Anirnal Control Services Jall-M.I 2024
Tot4l for this ACH Check for Vendor 3093:
Total for Vendor 3093 (Kem County Animal Services):
Tehachapi Auto Glass
PD/TE-28 Windshi€ld
Total for this ACH Ch€ck for Vendor 3 I 74:
Total for Vendor 3174 (Tehaphapi Auto Glass):
Raymoud's Trophy & Awards
CounciVNew Couacil MeEbeI Name Plate/Bad!
Total for this ACH Check for Vendor 3243:
Total for Vendor 3243 @almond's Trophy & Awards):
Ashley G. Whitrnore
Gc/Reimbu$ement for PaymeDr ErrornT Equip
160.48
160.48
367.50
ACH 2914
297535
ACH 3093
KC45422024
ACH 3l'74
367E
ACH 3243
95452
ACH 3343
4W432024
361.50
ACH 3011
9959494E28
9959494828-A
99s9494E2E-B
9959494828-C
9959494828-D
9959494828-E
9959494E28-F
9959494828-G
9959494828-H
9959AaOO2
9959628002-A
367.50
t9'7.97
614.16
25.O4
90.15 38.01
38.01 38.01
40.01 E03.88
38.01 38.0r
r,96t.26
r,96t.26
r0,290.00
10,290.00
10,290.00
425.62
425.4
425.62
36.23 36.23
36.23 40.00
AP Checks by Date - D€tail by Vendor Number (4/912024ll:,45 AM PaC€ 4 CheckNo Vendor No
Invoice No
Vendor Name Check Dat€
Reference
CheckAmount
Total for this ACH Check for Vetrdor 3343:
Total for Vendor 3343 (Ashley G. Whitmore):
Vortex hdustries lrc.
Air/High Sp€€d Gate Repair
Tot l for thi$ AcH Check for vetrdor 3680:
Total for Vendor 3680 (Vortex Industries Irc.):
Customized Custodial Services
Visitor Center Janitorial SdvicevApril 2024
Public Worts Janitorial ServicevApril 2024
Water Dept Janitorial Servicesl Aptil 2024
Sew€r Facility Janitorial Services/April 2024
S€wer BathrooD/ Janitorial S€rviceJApril 2024
Airport Irlmg€r' Jadirorial ServiceyApil 2024
RR Depov Jadtorial Servic€VAf'ril 2024
Scnior Cente/ Jaditorial Scrvices/April 2024
City Haly Janitorial Services/April 2024
Annex/ Jardtorial Servic.d Aptil 2024
Police Depy' Janitorial Services/April 2024
Bus Statior/ JaDitorial S eryices/ ADri12024
Total for this AcH Check for Vetrdor 3708:
Total for V€odor 3708 (Customized Custodial Services):
Diamond Technologies
IT/R€locate Netwoft Equipment
TT/Wananty - Dell Latitude 5320
IT/New Lapto
Total for this ACH Check for Verdor 3807:
Total for veodor 3807 @iamond Tecbnologies):
Central Valley Occupational Med Grp
Codihe-Placement Physical Exam
DsD/Pre-Placeme[t Physical Exam
Total for lhis ACH Check for Vendor 3855:
Total for Vendor 3855 (Cantral Valley Occupational M€d Grp):
El Popular Irc
Nortbside Sidewalks IlVReplaces CHK# 60594
Tolal for this ACH Check for Vendor 3900:
Total for Vendor 3900 (El Popular Inc):
,().00
1,125.30
ACH 3680
277375
ACH 3900
9408-Rl
ACH 3708
coT0424
coT0424-A
coT0424-B
coru24-c
coT0424-D
coTM24-E
COTM2+F
COTMz+G
COTM2+H
coTu2+l
coTM2+l
coTM24-K
3807
25479
35555
35633
ACH 3855
00584?31-00A-N
00584?3 I {o-RI
1,125.30
1,125.30
105.00
262.00
305.50
305.50
150.00
323.00
220.00
519.00
r,026.00
622.00
2248.00
160.00
6,246,OO
6,246.00
855.00
229,43
3,274.59
4,359.02
4,359.02
88.00 88.00
176.00
176.00
855.00
855.00
AP Ch€ck! by Dat€ - Detail by Vendor Number (4/9/2024 I l:45 AM) Page 5 CheckNo VeDdor No
Invoice No
Vendor Name Check Drte
Refererce
Check Amonnt
ACH 4036
8237564r
Waxie Sanitary Suppty
Gc/Saoitary Suppies
Total for this ACH Check for Vendor 4036:
Total for Vendor 4036 (Waxie Sanitary Suppty):
66 I Conmrmications
PD/TE-29 Radio Install
PD/P.W. Radio Updat€
Total for this ACH Check fol Veodor 4067:
Total for Vendor 4067 (661 Conmunicatiods):
Califomia Police Chiet Assoeiation
PD/2023-24 CPCA Associated Membelship Due
Total for this ACH Chcck for Vstrdor 4084:
Total for Vendor 4084 (California Police Chiefs Association):
Kem County Public Works
PWTrash Feb 2024 Billing
AA/TEsh Feb 2024 Biling
Cal TraDsfirash Feb 2024 Biliq
Total for this ACH Chcct for Vcodor 4138:
Total for Vendor 4138 (Kem County Public Works):
Waste Matragemedt
Reftse Contract/Feb 2024 Biling
Recycling Codtsrct/Feb 2024Bint g
Kem County Bin DisposayFeb 2024 Bililg
Total for this ACH Clrcck for Vendor 4142:
Total for Vendor 4142 (Was& Management):
Corc & Main LP
Ai/Baclllo\v Covers
Wts/Baclllow Covers
PwBacmow Covels for City Hal
LLD/BacKlow CoveN
PwBaclllov Covers
Total for this ACH Check for Vendor 4157:
Toial for Vendor 4157 (Core & Maill LP):
Atrdrew Norton
336.?8
336.7a
4067
lE6l
1862
ACH 4084
5906
ACH
ACH
336.78
191.44
42.50 233.94
233.94
155.00
4138
40511
405r l-A
40511-B
155.00
499.90
21.t9
3.09 530.r8
4142
02292024-A
02292024-B
02292U4-C
AcIl 4157
u48,f688
U48,1688-A
u484688-B
u48468E4
u484688-D
ACH
ACH 4191
530.18
93,420.35
19,72O.32
19,944.82
133,08s.49
133,0t5.49
211.O8
138.07
105.59
138.07
171.03
AP Ch€cks by Dale - Detail by Vendor Number (,V92024 1 I :45 AIvf} 775.U
ChcckNo Veodor No Vendor Name Check Date
Reference
Check AmouDt
Invoice No
AN32524 welnecs Graot 2023-24/Equiphent
Total for this ACH Check for veador 4191 :
Total for Vendor 4191 (Andrew Norion):
Data Tickct Inc.
CBlciratior Proc€ssing/Feb 2024
CE/PD Citation Pmcessing/Feb 2024
Total for 6is ACII Check for Vendor 4194:
Total for Vendor 4194 (Data Ticket Inc.);
City ofFresno
PD/Perisbable Skils Traidng
PD/PSP Tnining
PD/PSP Trainin
Total for this ACH Check for Vend,or 4269:
Total for Vendor 4269 (City ofFresno):
Heredia Cabling Solutioas Inc.
IT/C.EerE Project Wirioe
Il/ Ofrce Wiri4
Total forlhisACH Chcck for Vendor 4305:
Total for V€ndor 4305 (Heredia Cabling Solutions Inc.); ACC Business
CG/Fiber for Police Dept/Feb ll-Mar l0 2024
Total for this ACH Check for V€ddor 43 12:
Total for Vendor 4312 (ACC Business):
SpriDgbrook Holding Co. LLC
GG/Civic Pay & Pay Pad Trarsaction F€6^,lar:
Total for this ACH Check for V.odor '+400;
Total for Veodor 4400 (Springbrook Holding Co. LLC):
Quadient Finance USA Iuc- (ACH)
Gc/Priority lvlail Shipmcots/F& 20-Mat 14 202
Total for this ACH Cherk for Vendor 4420:
Total for Vendor ,1420 (Quadient Finance USA ltrc. (ACID):
100.00
r00.00
274.52
58.84 4t94
162389
162797
4269
200u745
20005188
2@05294
4305
3805
3828
4420
235a922-2379969
\779.40
r44r7.43
1,699.18
337.36
593.00
593.00
593.00
1,779.00
16,116.61
ACH
16,116.61
703.6
4312
24737744
ACH ,1400
lNv4r6535
703.66
E06.60
E06.60
AP ch€c16 by Date - Mil by vcudorNuttrbct (,V9l2024 ll:45 AM) PaBe 7 Check No Vetrdor No
Invoice No
Vendor Nrme Check Date
Reference
Ch€ck Amount
ACH 4451
2P482024
ACH 4481
2480957
ACH 4595
1H432024
JH432T24-A
ACH 4647
14182385
4'102
1C482024
4715
20240329
ACH 4792 Major Plumbing
INV842 Sw/Lateraystreet ReDeir
T,whary Page
Perishible Skils-Frestro AF A-1D 2024lMeats &
Toral for this ACH Check for Ve|rdor ,1451:
Total for Vendor 4451 (Z/'charyPaEe):
Marsh & Mclennaa Agency
Waive! of Recours€ Prehium
Total for this ACH Check for Veddor ,1481 :
Total for Vendor 4481 (Marsh & Mclrnnan Agency):
Hamed Jones
RMA Board Meeting-Fre$oMt 2t-29 2024/M
RMA Board Meeting-Fre snolMar 28-29 m24M
Total for this ACH Check forYe,tldot 4642:
Total for Vendor 4642 (Chnter Conmunications):
U.S. Baok
Fin/Inv€shstrt Account Admin Fe€s/Feb 2024
Tot l foi this ACH Check for Veddor 4647:
Total for Vendor,ltlT (U.S. Bent):
James Clark
Perishible Slills-FE€no Apr 8-f2lMeals & IE
Total for this ACH Check for VeNdor 4702:
Total for Vendor 4702 (James Clark);
Sonia Dowling
PD/Ofr cer Csndi&te Backgroud
Tot t for this ACH Check for Vedror 4715:
Total for Vendor 4715 (Sonia Dowling):
307.00
307.00
307.00
25.00 25.00
3E.00
9.16 Total for this ACH Check for Ve[dor 4595:
Total for Vendor 4595 (Hamed Jones):
ACH 4&2 Charter Comnmicatiotrs
167752501032124 cc/Inrdrcr Scric€s Mar ZI-Ar''2' 2024
t37.t6
137.16
179.33
t79.33
179.33
u?.02
247.02
247.02
30?.00
307.00
307.00
E00.00
800.00
39,850.00
A.P Check by Dare - Dctail by Vendor Number (,lDl2024 1l:45 AI\O Pag€ 8 Vetrdor Name
Total for this ACH Check for Veodor 4?92:
Total for Veudor 4792 (Major Plumbing):
AARDVARK
PD/rftemal Patol V€stVRef #SQ25707
Total foi this ACH Check for vedor 4793:
Total for Vendor 4793 (AARDVARK):
Agile Occupational Medicine
PD/Records Clcrt/Pre Emplo],ment Physic.l
Tot l for llis ACH Check for Veodor 4?94:
Total for Vendor 4794 (Agile Occupational Medicine):
Repofi Total (46 checks):
Check Drte
Referetrce
CheckAmouDt
39,850.00
39,850.00
25,440.15
25,440.t5
ACII 4793
2410+02-100
4794
EMo15654
25,440.15
l?8.00
178.00
178.00
310,102.48
AP Ct€cks by Date - D€r.il by VeddNuob€r (,V9l202 1l:45 AM) PaSe 9 Accounts Payable
Computer Check Register
usefl aft€scas
Pdtrted: Ml0ll2024 - llt2TlM
Batch: 10901.04.2024 - watei RiShts
BankAccouft AP
Ch€ck
CITY OF
Vendor Nrme
TE HACHAPI
CALIFORNIA
Vendor No Invoice No tmount
BozenichFaDilyTrust/Suvi! 4/1n024
BE-t32624
BFT326Z4-4.
BFT3262+9
240,000.00
-2,{0,000.00
240,000.00
Ch€ck 606f2 Tot4l: 240,000.00
AP{omput€r check Registgr (0410112024 - lltn IlJy.I) Page lO Accounts Payable
Check Detail
Us€r: st€3cas
hintcd: Ul02nAA - LSOPM
ChccLNumb€t' CL€ckDrte
CITY OF
TEHACHAPI
CALIFORNIA
Amoutrt
,t7,t|' - Eorbol| Colttrcdotr corylry
ffi72 Mlt 12024
Inv 1z)92t.00 B
LinrltcoDdt Li!.ItdD.6.tripti@
W2Y2U24 P*'/Vd€r Tow€f Prid
Inv 12002E.m B Totsl
Iov 120028.01A
Lilc It 6Drte Litrg IiEd D€*criDtid
02D3ngU WeTw€rsig!8
Ilv 120028.01 A Tdl
60572 Totcl:
4745 - gorlzou Ccrrt {do Cc[Flt Tgt l:
Total
6,m8.57
6,088.67
l7,M9.37
17Ws1
23,r38.(X
23,r38.04
AP{tcotDctril (4/22021- l:50 PM) Prep I f
CITY OF
APPROVED
DEPARTMENT HEAD:-
CITY MANAGER:_
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL L5,2024 AGENDA SECTION: FINANCE
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: HAMED JONES, FINANCE DIRECTOR
DATE: APRtt LO,2024
SUBJECT: LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1
BACKGROUND
This action by the City Council initiates the process and declares the City's intention to levy assessments within the Landscaping and Lighting District No. 1. This action also sets the time and place for the public hearing on this issue.
OPTIONS
There are no alternate options for this item
RECOMMENDATION
It is recommended that the City Council adopt three resolutions: (1) lnitiating procedures for levy and collection of assessments for the Fiscal Year 2024/2025; (2) Preliminary approval of the Engineer's Report, and (3) Declaringthe City's intention to levy and collect assessments, which sets the time and place of the public hearing for Monday, May 6,2024, at 6:00 P.M.
The total annual maintenance and administration costs to the District are 5940,583.25. Annual District costs are funded through the assessments placed on the property tax bills. For Fiscal Year 202412025, the total assessments placed on the property tax bills would be 5407,067.06.
CIN OF
LECAL DFARfrNT
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPI,
CAIIFORNIA INITIATING PROCEEDINGS FOR THE IEVY AND
COLLECTION OF ASSESSMENTS FOR TANDSCAPING AND LIGHTING
DtsTRtcT NO. 7., FtSCAt YEAR 202412025, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CATIFORNIA STREETS
AND HIGHWAYS CODE
The City Council of the City of Tehachapi (hereafter referred to as the "City Council") does resolve as follows:
WHEREAS, The City Council by previous Resolutions formed and levied annual assessments for the Landscaping and Lighting District No. 1 (hereafter referred to as the "District"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"); and,
WHEREAS, the Act provides the City Council the authority to annually levy and collect assessments for the District on the Kern County tax roll on behalf of the City of Tehachapi to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") with the City Clerk in accordance with the Act.
NOW, THEREFORE BE IT RESOIVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DtSTRtCr, PURSUANT TO CHAPTER 3, SECTTON 22624 OF THE ACT, AS FOIIOWS:
Section 1: The above recitals are true and correct.
Section 2: The City Council hereby orders Willdan Financial Services to prepare and file with the City Clerk the Engineer's Report concerning the levy of assessments for the District for the fiscal year commencing July 1, 2O24, and ending June 30,2025, in accordance with Chapter 3, Section 22622 of the Act.
The proposed improvements within the District include: landscaping and park improvements, including but not limited to maintenance, ground cover, shrubs, trees, plants, drainage systems, irrigation systems, ornamental lighting systems, masonry walls or other fencing and associated appurtenances with said improvements. Lighting improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable 1 Section 3:
ctt of
EHACHAN
MALDEARfrN
and associated appurtenances with said improvements. The Enginee/s Report describes the improvements and any substantial changes in existing improvements.
Section 4: Assessments: The City Council hereby determines that to provide the improvements generally described in Section 3 of this resolution and to be detailed in the Enginee/s Report, it is necessary to levy and collect assessments against lots and parcels within the District for Fiscal Year 2024/2025 and said assessments shall be outlined and described in the Engineer's Report and imposed pursuant to the provisions of the Act and the Ca lifornia Constitution Article Xl I I D.
PASSED, APPROVED, AND ADOPTED this 15th day of April 2024.
AYES:
NOES:
ABSTAIN
ABSENT:
MICHAEL DAVIES, Mayorof the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
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 April t5,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
2 ctnot
EACHAPI
Section 2:
RESOLUTION NO.
A RESOLUTION OF THE ClW COUNCIT OF THE CITY OF TEHACHAP!,
CAIIFORNIA FOR PRETIMINARY APPROVAT OF THE ENGINEER'S
REPORT REGARDING THE PROPOSED IEVY AND COLTECTION OF
ASSESSMENTS FOR THE LANDSCAPING AND TIGHTING DISTRICT NO. 1, Ft SCAI Y EAR 2024 I 2025
The City Council of the City of Tehachapi (hereafter referred to as the "City Council") does resolve as follows:
WHEREAS, this City Council pursuant to provisions of the Landscaping and Lighting Act of 1972 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (hereafter referred to as the "Act") did by previous Resolution, order the preparation of an Enginee/s Annual Levy Report (hereafter referred to as the "Enginee/s Report") for the District known and designated as the Landscaping and Lighting District No. 1 (hereafter referred to as the "District") for fiscal year 2O24/2025; and, WHEREAS, The City Council pursuant to provisions of the Act proposes to levy and collect assessments against lots and parcels of land within the various Tracts of the District for the fiscal year 2024/2025, to pay the maintenance, servicing and operation of the improvements related thereto, and
WHEREAS, there has now been presented to this City Council the Engineer's Report as required by Chapter 3, Section 22623 of said Act; and,
WHEREAS, this City Council has examined and reviewed the Enginee/s Report as presented. This City Council is preliminarily satisfied with the budget items and documents as set forth therein and is satisfied that the levy amounts have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BYTHE CIW COUNCIL FOR THE DISTRICT, AS FOLTOWS:
Section 1: That the above recitals are true and correct.
That the "Engineer's Report" as presented, consists of the following a) A Description of lmprovements.
1 LEGAL DEARNENT
CIEOF
EHAqAPI
I,T-CALDPARruENT
The Annual Budget (Costs and Expenses of Services,
Operations and Maintenance).
A diagram of the District that identifies the parcels within the District.
The District Roll containing the proposed levy of assessments for each Assessor Parcel within the District for fiscal year 2O24/2O2s.
The "Engineer's Report" as presented or as amended is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this 15th day of April2024.
AYES
NOES:
ABSENT:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on April L5,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
b)
c)
d)
Section 3:
2 ABSTAIN:
ffiof
BACHfI
TALDEM
Section 2
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIT OF THE CIW OF TEHACHAPI, CATIFORNIA DECLARING ITS TNTENTION TO IEVY AND COttEgI
ASSESSMENTS FOR THE LANDSCAPING AND IIGHTING DISTRICT NO. 1 FOR FTSCAL YEAR2O24|2O25
The City Council of the City of Tehachapi (hereafter referred to as the "City Council") does resolve as follows:
WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2024/2025 regarding the levy and collection of assessments for the Landscaping and Lighting District No. 1 (hereafter referred to as the "District"). Pursuant to the provisions of the Landscaping and Lighting Act of L972, Parl 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the District shall be levied and collected by the County of Kern for the City of Tehachapi to pay the maintenance and services of the improvements and facilities related thereto; and,
WHEREAS, the proposed District assessments for fiscal year 2024/2025 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XlllD; and, WHEREAS, there has now been presented to this City Council an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report"), and said Engineer's Report has been filed with the City Clerk in accordance with the AcU and, WHEREAS, the City Council has examined and reviewed the Engineer's Report as presented and is satisfied with the District, the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report.
NOW THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
Section 1: The above recitals are true and correct
The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and 1 CIfrOF
EHACHAPI
Section 9
Section 3
Section 4
Section 5
Section 6
Section 7:
Section 8:
expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 202412025.
The boundaries of the District are described in the Enginee/s Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Tehachapi, within the County of Kern, State of California and includes the territory known as the Landscaping and Lighting District No.1.
The improvements within the District include: ground cover, shrubs, trees, drainage systems, irrigation systems, masonry walls or other fencing, monuments, lighting, and associated appurtenances to improvements within the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the satisfactory working condition, life, growth, health and beauty of the improvements, including cultivation, irrigation, trimming, spraying, fertilization and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping or appurtenant facilities.
Assessments: The City Council hereby determines that to provide the improvements generally described in Section 4 of this resolution and to be detailed in the Engineer's Report, it is necessary to levy and collect assessments against lots and parcels within the District for fiscal year 2024/2025 and said assessments shall be outlined and described in the Engineer's Report and imposed pursuant to the provisions of the Act and the California Constitution Article XlllD.
The proposed assessments for Fiscal Year 202412025, as outlined in the Enginee/s Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2004. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XlllD.
The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act.
Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Monday, May 6, 2024, at 6:00 p.m., or as soon thereafter as feasible in the City Council Chambers, located at 220 West C Street, Tehachapi.
The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to the property 2 ctiloF
EHACHAPI
t,€CAI-DPARffi
owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to the property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing; and, posting a copy of this resolution on the official bulletin board (s) customarily used for posting such notices.
PASSED, APPROVED, AND ADOPTED this 15th day of April 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certifi/ that the foregoing Resolution was duly and regularly adopted by the City Councilof theCityof Tehachapiata regularmeetingthereof heldon Aprilt5,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
3 5 TE HACHAPI
L IVE U P
27368 Via Industria
Sulte 200
Temecula, Callfornia 92590
T 951.587.35@ | 800.755.6864
F 951.587.3510
www.wllldan.com
Cry ofTehachapl
Landscaplng and Llghtlng
Dlstrlct No. 1
2024/2025 Ene trueeR's AltNUru Levv Reponr
lntent Meeting: April 15, 2024
Public Hearing: May 6, 2024
,t(wtLLDAN
ENG I NEER'S REPO RT AFFI DAVIT
Establishment of Annual Rates and Charges for the:
TEHACHAPI LANDSCAPING & LIGHTING DISTRICT NO. 1
This Report describes the District and the relevant Zones therein including the improvements, budgets, parcels, and assessments to be levied for Fiscal Year 202412025 as they existed at the time of the passage of the Resolution of lntention. Reference is hereby made to the Kern County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this day of 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Tehachapi
By:
Chonney Gano, Prolect Manager
District Ad m i n istration Services
By:
Tyrone Peter
P.E. # C 81888
TABLE OF CONTENTS
A.
B.
c.
D.
E.
F.
Introduction
Historical Background
General Description of the District.
lmprovements Authorized by the 1972 Act
District Boundaries.
Description of District lmprovements and Services
1 1
2 3
3 4
5 APPENDIX A
-
DISTRICT ASSESSMENT DIAGRAM 19
APPENDIX B
-
ASSESSMENT RO11............ .21
"t{wtLLDAN
I. OVERVIEW
A. lntroduction
The City of Tehachapi(the'City')annually levies and collects specialassessments in order to provide annual maintenance for parks, landscaping and lighting improvements within the Landscaping and Lighting District No. 1 (the "District") pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Sfreefs and Highways Code of the Sfafe of Californra (the "1972 Act") and in compliance with the substantive and procedural requirements of the California Sfafe Constitution Afticle Xlll D (the "Constitution"). The District was formed in 2004 and provides funding for services required to maintain landscaping and lighting improvements and associated appurtenances located within the District boundaries.
This Engineer's Report (the "Report") describes the District, any changes to the District and the proposed assessments for Fiscal Year 202412025. The proposed assessments are based on the estimated cost to maintain the improvements that provide a special benefit to properties within the District. The District budget identifies the estimated expenditures, deficits, surpluses, revenues and fund balances used to calculate the annual assessment for properties within the District.
Each parcel within the District is assessed proportionately for those improvements provided by the District from which the parcel receives special benefit.
For the purposes of this Report, the word "parcel" refers to an individua! property assigned its own Assessor's Parcel Number ('APN') by the Kern county Assessor's office(" the County"). The county Auditor/Controller uses ApN's and specific Fund Numbers to identiff, on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a public hearing, the city council (the "council") will review the Report and may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2024t2O25 pursuant to the 1972 Act and as outlined in the approved Report. ln such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2o241202s. 2024t2025 Tehachapi Landscape and Lighting District No.1 Page t "t{wt LLDAN
B. Historical Background
The District was originally formed in Fiscal Year 200312004 after the City initiated and conducted property owner protest ballot proceedings for the District in compliance with the substantive and procedural requirements of the Constitution.
At the conclusion of the Public Hearing on December 15, 2003, the property owner ballots returned were tabulated. The tabulation of the ballots indicated that the property owners approved the maximum assessment rate and the assessment range formula. The District originally consisted of the lots, parcels and tracts of land located in the subdivision area known as Heritage Oaks, which contains the single-family residential tract, Tract 6062 (the "Original District"). ln subsequent years, the City initiated and conducted proper$ owner protest ballot proceedings for the annexation of additional subdivisions to the District in compliance with the substantive and procedural requirements of the Constitution. ln 2004, Tracts 6212,6215,6216 and 6248, respectively were annexed as Zones 1 through 4. ln 2006, Tracts 5812 and 4927, respectively, were annexed to the District as Zones 5 and 6. Tract Numbers 6360, 6507, 6723-A and 6497 were annexed in 2OO7, as Zones 7, 8, 9, and 11 , respectively. Parcel Map 1 1353 was annexed in 2008, as Zone 14C, and Parcel Map 10997 was annexed in 2014, as Zone 13C. Parcel Map 12219 was annexed in 2018, as Zone 15C. Parcel Map 6668 was annexed in2022, as Zone 16. Also in2022, a protest ballot proceeding was conducted for the new/increased assessments for Zone 4. There was no majority protest for Zone 4.
At the conclusion of each of the annexation public hearings, the property owner ballots returned were tabulated. The tabulation of the ballots indicated that the property owners of each of the twelve subdivisions approved the special benefit maximum assessment rate ("Maximum Assessment") for maintaining the improvements within the zones of the District. Although the actual assessment amount approved by each propefi owner varied with their proportionate benefits, the Maximum Assessments approved by the property owners established an initial maximum assessment rate for each zone and included the Assessment Range Formula, as further described in this Report, currently applied to each zone in the District. The Maximum Assessments are subject to the application of an assessment range formula that includes an annual inflationary adjustment of three percent (3%) for the Original District and an annual inflationary adjustment based upon the Consumer Price lndex, for all Urban Consumers, for the Los AngelesLong Beach-Anaheim County Area as determined by the United States Bureau of Labor Statistics, or its successor ("CPl") for Zones 1 - 9, 1 1 , 1 3C, 14C and 15C. ln Fiscal Year 2021t2O22, the City dissolved Zones 9 (Tract 6723-A) and 1 1 (Tract 6497).
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 2 "I(wt LLDAN
C. General Description of the District
The District consists of the lots, parcels and subdivisions of land located within the single-family residential subdivisions known as Tract 6062, 6212, 6215,6216, 6248, 5812, 4927, 6360, 6507, and 6668, and commercial property known as Parcel Map 11353, Parcel Map 10997 and Parcel Map 12219 (individually referred to as "Tract" and collectively as "Tracts"). Each Tract represents a zone of benefit within the District. The properties within the District include single-family residential parcels, non-residential parcels, a proposed church site, landscape easements and an open space area to be used as a proposed drainage sump.
The purpose of the District is to ensure the ongoing maintenance, operation and servicing of a proposed drainage sump, local perimeter landscaping and street lighting improvements installed in connection with development of properties within the District. Park improvements located adjacent to the District are also included within the list of proposed improvements. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded.
The District structure, proposed improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including the estimated direct expenditures, incidental expenses and reserves associated with the maintenance and servicing of the improvements.
D. lmprovements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
. The installation or planting of landscaping.
. The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities. . The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrica I faci lities.
. The maintenance or servicing, or both, of any of the foregoing. . The acquisition of any existing improvement otherwise authorized pursuant to this section.
lncidental expenses associated with the improvements including, but not limited to:
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 3 "t{wt LLDAN
o The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
. The costs of printing, advertising, and the publishing, posting and mailing of notices;
o Compensation payable to the County for collection of assessments; . Compensation of any engineer or attorney employed to render services; . Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
. Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
. Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
. Repair, removal, or replacement of all or any part of any improvement. . Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
. The removal of trimmings, rubbish, debris, and other solid waste. . The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
E. District Boundaries
The District consists of non-contiguous areas located within the boundaries of the Cig of Tehachapi, including Tracts ("Zone") 6062, 6212,6215,6216,6248,5812, 4927,6360, 6507, and 6668 as well as Parcel Map 11353, Parcel Map 10997 and Parcel Map 12219 and their respective boundaries.
Original District - Tract 6062 is generally situated south of Pinon Street, north of Sutter Street and east of Ponderosa Drive.
Zone 1 - Tract 6212 is generally situated south and contiguous to the Valley Boulevard extension, north of Pinon Road, east of Curry Street and west of Dennison Road.
Zone 2-Tract6215 is generally situated north of Highline Road and south of Pinon Street and east of Ponderosa Drive.
Zone 3 - Tract 6216 is generally situated on the west side of Curry Street between Highline Road and Pinon Street.
202412025 Tehachapi Landscape and Lighting District No.1 Page a ,t{wtLLDAN
Zone 4 - Tract 6248 is generally situated on the northeast corner of South Robinson Street and Holly Drive.
Zone 5 - Tract 5812 is generally situated on the southeast corner of Georgia Street and south of Dennison Road.
Zone 6 - Tract 4927 is generally situated on Mulberry Street, south of Valley Boulevard.
ZoneT -Tracl6360 is generally situated north of "D" Street, and east of Mill Street.
Zone 8 - Tract 6507 is generally situated North of Pinion Street and West of Applewood Drive.
Zone 14C - Parcel Map 11353 is generally situated on Tehachapi Boulevard east of Dennison Road.
Zone 13C - Parcel Map 10997 is generally situated on lndustrial Parkway and North Curry Street.
Zone 15C - Parcel Map 12219is generally situated on the South side of East Tehachapi Boulevard and West side of Steuber Road.
Zone 16 - Tract 6668 is generally situated on east of Fig Drive and north of Pinon Street.
F. Description of District lmprovements and Services
The District provides the ongoing maintenance, operation and servicing of proposed drainage sumps, local perimeter landscaping and street lighting improvements installed in connection with development of properties within the District boundaries. These improvements may include, but are not limited to, materials, equipment, utilities, labor and appurtenant facilities related to those improvements. These improvements include the necessary service, operation, administration, and maintenance required to keep the improvements in satisfactory condition. The improvements generally include the following:
2024t2025 Tehachapi Landscape and Lighting District No.1 Page s "I{wt LLDAN
Landscape and Public Street Lighting lmprovements:
The landscaping improvements may include, but are not limited to, the landscaping material and facilities within the District. These improvements include ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments and associated appurtenant facilities located within the individual Zones. The street lighting improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities located within the individual Zones.
Original District
. Landscape maintenance for entry medians located at \Afiman Road and Brandon Lane.
. Perimeter landscape maintenance along Ponderosa Drive, Pinon Street and Sutter Street, immediately adjacent to the District, totaling approximately 61,740 square feet.
. The street lighting (twenty-seven, 9,500 lumen lights) on the residential streets within the Original District.
. Public street lighting and other public lighting facilities (flve, 16,000 lumen lights) on the streets surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Original District.
Zone 1
o Perimeter landscape maintenance totaling approximately 10,000 square feet along Valley Boulevard and landscaping located adjacent to the proposed drainage sump including periodic weed removal. . Drainage sump totaling approximately 19,350 square feet. . The street lighting (seventeen, 9,500 lumen lights) on residential streets within the Zone.
. Public street lighting and other public lighting facilities (five, 16,000 lumen lights) on Valley Boulevard surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
Zone 2
. Perimeter landscape maintenance totaling approximately 48,696 square feet along Highline Road, Sutter Street and Manzanita Lane. o The street lighting (nineteen, 9,500 lumen lights) on residential streets within the Zone.
Zone 3
. Landscaping totaling approximately 1 1,572 adjacent to the rear of lots 1,2 and 3. Also landscaping located adjacent to the proposed drainage 2024t2025 Tehachapi Landscape and Lighting District No.1 Page 6 "I{wtLLDAN
a
sump on Pinon Street and drainage swale on the western side of the development including periodic weed removal.
Perimeter landscaping totaling approximately 52,000 square feet along Highline Road, Curry Street, Pinon Street and adjacent to the rear of lots 1,2, and 3.
Entrance landscaping at Stetson Shadow Drive and East Orchard Parkway totaling approximately 23,000 square feet.
Landscaping on Alder and South Alder Avenues totaling approximately 24,OOO square feet.
Landscaping of proposed drainage sump totaling approximately 3,000 square feet.
The street lighting (sixty-seven, 9,500 lumen lights) on residential streets within the Zone.
Public street lighting and other public lighting facilities (nine, 16,000 lumen lights) on Curry Street and Pinon street surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
Zone 4
. Perimeter landscape maintenance along "D" and South Robinson Streets and a drainage basin on the southeastern corner of "D" Street and South Robinson Street. The Zone includes drip irrigated drought tolerant plants, including periodic weed removal, totaling approximately 16,248 square feet.
. These parcels also receive streetlighting (seven streetlights) located throughout the development.
Zone 5
. Perimeter landscaping along Georgia Street, S. Dennison Road, and Pinon Street totaling approximately 64,000 square feet. . Drainage retention basin totaling approximately 55,000 square feet. . The street lighting (seventy-two, 9,500 lumen lights) on residential streets within the Zone.
. Public street lighting and other public lighting facilities (twenty-three, 16,000 lumen lights) on Georgia Street, S. Dennison Road, and pinon street surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
Zone 6
. The street lighting on residential streets within the Zone. . Public street lighting and other public lighting facilities (six, 9,500 lumen lights) on Mulberry street surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone.
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2024t2025 Tehachapi Landscape and Lighting District No.1 Page z "t{wt LLDAN
ZoneT
o Streetscape located adjacent to the north side of "D" Street, as well as adjacent to the east side of Mill Street, totaling 1,705 square feet. . Street lighting on residential streets located on the east side of Mill Street (two, 9,500 lumen lights on decorative poles) and on the north side of "D" Street (two, 9,500 lumen lights on decorative poles) within the Zone.
Zone 8
. Streetscape located and improvements located adjacent to the west side of Applewood Drive and to the north side of Pinon Street totaling approximately 16,665 square feet.
. The street lighting (seven, 16,000 lumens (150 watt) High Pressure Sodium Vapor Lamps on concrete poles) on residential streets within the Zone.
Zone 13C
o The street lighting (Six - 5,800 lumen High Pressure Sodium Vapor Lamps on concrete poles) located throughout the development.
Zone 14C
o Streetscape located adjacent to Tehachapi Boulevard totaling approximately 2,600 square feet.
o The street lighting (Seven - 5,800 lumen High Pressure Sodium Vapor Lamps on concrete poles) located throughout the development.
Zone 15C
. Four median island segments located on East Tehachapi Boulevard and Steuber Road (hardscape median only), includes, but is not limited to approximately 5,000 square feet of shrubs and ground cover; 8 trees (one variety), and approximately 4,000 square feet of cobble apron hardscape.
. The irrigation system for two of the median areas includes, but are not limited to 1 irrigation controller,l backflow device, approximately 1,020 linear feet of irrigation lines (20 linear feet of main line and 1,000 linear feet of laterals), and various irrigation heads and bubblers. . The street lighting (Four - 9,500 lumen LED Lamps on concrete poles) located throughout the development.
Zone 16
. lnterior Streets - full street improvements for a 60-foot right-of-way and a curb-to-curb distance of 4O-feet. Development to improve entire street within the dedicated right-of-way.
o Pinon Street - dedicated and receive full street improvements (center line of street to property line north half) for a 90-foot right-of-way and curb-to-curb distance of 68 feet based on a traffic index for pavement of
7.0 or as required by the City Engineer along the subject tract's entire 2024t2025 Tehachapi Landscape and Lighting District No.1 Page 8 "t{wt LLDAN
frontage. lmprovements to Pinon Street to include an additional five (5) feet of parkway or easement for landscape installations.
Fig Drive - the development shall be required to tie into the existing Fig Drive improvements established per Tract Map No. 4985 and complete Yzstreet improvements on the west side of Tract Map No. 6668.
Street "A'- full street improvements (center line to propefi line) within dedicated right-of-way for a 60-foot right-of-way and curb-to-curb distance of 40-feet based on a traffic index of 5.0. Development is required to install Yzstreet improvements plus 10 feet.
Laurel Drive - full street improvements (center line to property line) within dedicated right-of-way for a 60-foot right-of-way and curbto-curb distance of 4O-feet based on a traffic index of 5.0. Development is required to install lzstreet improvements plus 10 feet.
Park lmprovements:
The park improvements may include, but are not limited to, the maintenance of the park landscaping including, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing and associated appurtenant facilities located within the Neighborhood Park.
The parcels within the District are assessed proportionately for the costs associated with the improvements and services provided through the District that provides a special benefit to each parcel assessed, utilizing the method of apportionment described in Section ll of this Report.
II. METHOD OF APPORTIONMENT
A. Methodology
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
"The net amount fo be assessed upon lands within an assessm ent district may be apportioned by any formula or method which fairly distributes the net amount among a// assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcelfrom the improvements." Furthermore, Article Xlll D Section 4 of the Constitution states that:
"The proportionate special beneflt derived by each identified parcel shatl be determined in relationship to the entirety of the capital cosf of the pubtic a
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2024t2025 Tehachapi Landscape and Lighting District No.1 Page 9 ,t{wt LLDAN
improvement, the maintenance and operation expenses of the public improvement, or fhe cosf of the property related service being provided." The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated special benefit to each parcel.
B. Benefit Analysis
Each of the improvements, the associated costs and assessments of the District have been reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and the Constitution. The improvements associated with this District have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual propefi owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of special benefit to the properties in the District.
The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives special benefit from the improvements within the Zone where the parcel is located as well as from adjacent landscaping, park and public street lighting improvements. The desirability and security of properties is enhanced by the presence of street lighting, well maintained landscaping and open space areas in close proximity to those properties.
The special benefits of landscaping, park improvements and open space improvements within the District are specifically:
1. Enhanced desirability of properties through association with the improvements,
2. lmproved aesthetic appeal of properties providing a positive representation of the area;
3. Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping;
4. Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention;
5. lncreased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties;
6. Reduced criminal activity and propefi-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti; and, 2024t2025 Tehachapi Landscape and Lighting District No.1 Page 10 "I{wt LLDAN
7. Enhanced environmental quality of the parcels by moderating temperatures, providing orygenation and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection;
2. lncreased nighttime safety on roads and streets;
3. lmproved ability of pedestrians and motorists to see;
4. lmproved ingress and egress to property;
5. Reduced vandalism and other criminal act and damage to improvements or property;
6. lmproved traffic circulation and reduced nighttime accidents and personal property loss; and,
7. lncreased promotion of business during nighttime hours in the case of com mercia I properties.
The preceding special benefits contribute to a special enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include landscaping and lighting improvements and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessary for the development of properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.
Park lmprovement Benefit
The special benefit received for the Neighborhood Park known as Warrior Park is determined based on the potential use each Zone in close proximity to the Neighborhood Park will receive from park improvements. The Neighborhood Park is a public park with special benefit to the Original District Tract 6062 along with Zones 1 , 2, 3,6, 8, and 16. Warrior Park is located west of Clasico Drive and east of Dolce Court.
The following identifies the percentage allocation of the maintenance cost assigned to each zone based on Equivalent Benefit Unit:
. Original District (Tract 6062), 5.0%
o Zone 1, 4.5o/o
. Zone 2, 5.5o/o
. Zone 3,50.0%
. Zone 6, 1.2o/o
. Zone 8,4.0o/o
. Zone 16, 1.0o/o
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 11 "t(wt LLDAN
Due to the location of the 5.9-acre Neighborhood Park located in Zone 3, it is estimated that the primary users of that park will be from Zone 3 so 50% is estimated to be special benefit to the parcels in that Zone with the remaining percentage being allocated to the surrounding benefiting communities located within Tr-mile of the park. This Yz-mile radius was used to determine which other zones receive benefit from the regional facility.
The District improvements clearly provide some measure of general benefit to properties outside the identified Zones, and it is recognized that park and recreational improvements inherently provide general benefit to people and the public in general. While much of the benefits to people are more directly tied to Recreational Programs (which are not part of the funding provided by the District or contemplated by this Report), the park and recreational facilities themselves provide indirect benefits to people within the District and the public in general, such AS:
Health, social and self-improvement benefits derived from utilizing the facilities;
lncreased social opportunities and active involvement for children, teens, and senior citizens;
Group participation, character building, mentoring, and coaching for the youth in the community, that provides a positive atmosphere and reduces idle time that might othenryise result in criminal activities; Family and group activities that help to strengthen family value and reduce ethnic and social tensions.
These indirect benefits may be considered more general than special but are difficult to measure quantitatively. The need for, and the utility of, park and recreational improvements is created by the development of residential and nonresidential land uses. Benefits to people are largely secondary benefits created by the primary benefits of increased recreational access of more concentrated developments and conservatively, it is estimated that no more than ten percent (10%) of the cost to provide and maintain such improvements is attributable or considered a general benefit to the overall public.
Based on the preceding discussion and due to the broad nature of Neighborhood Parks, collectively, it has been determined that approximately twenty-nine percent (28.8Yo) of the costs to provide the Neighborhood Park improvements are attributable to general benefit.
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2024t2025 Tehachapi Landscape and Lighting District No.1 Page 12 "t(wt LLDAN
C. Assessment Methodology
The method of apportionment for each Zone within the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned for each Zone within the District.
To identifo and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual propefi development within each Zone of the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel within each Zone.
Additionally, in compliance with the Constitution, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The beneflt formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within each Zone of the District as wellas the proposed land use of each propefi as compared to other parcels that benefit from those specific improvements.
Equivalent Benefit Units
To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one EBU. Every other land use is converted to EBUs based on an assessment formula that equates the property's specific development status, type of development (land use), and size of property, as compared to a single-family home site.
The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972Act, as the benefit to each parcelfrom the improvements are apportioned as a function of land use type, size and development.
EBU Application by Land Use:
Single-Family Residential - This land use is defined as fully subdivided residential home site with or without a structure or planned single-family residential lot as identified by a submitted or approved tentative tract map of final tract map. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that other land use types are compared and weighted against (i.e. Equivalent Benefit Unit or EBU).
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 13 ,t(wtLLDAN
Multi-Family Residentia! - This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property or planned residential lot as identified by a submitted or approved tentative tract map or final tract map. This land use is assessed 1.0 EBU per dwelling unit.
Developed Commercial - This land use is defined as property developed for either commercial or industrial use. This type of property receives greater benefit than Single Family or Multi-Family propefi due to typically larger lot size in relation to residential properties. With typical Single-Family Residential lot sizes at .25 acre, Developed Commercial land use type is assessed at 4.0 EBU per gross acre.
Parcels less than .25 acre are assigned a minimum of 1.0 EBU and there is no maximum acreage cap, as is the case with Vacant Non-Residential Property.
Non.Profit Parcels - This land use is defined as property developed for non-profit activities, such as Churches or Lodges. This $pe of property does receive benefit from the District improvements but at a rate that coincides with the sporadic intensity of people use for the parcel. Non-Profit land use type is assessed at 0.25 EBU per gross acre. Parcels less than 1.0 gross acre area assigned a minimum of
0.25 EBU.
Vacant Residential - This land use is defined as propefi currently zoned for residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.
Vacant Non.Residentia! - This land use is defined as property currently zoned for any non-residential use, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 1.0 EBU per gross acre. Parcels less than
1.0 gross acre are assigned a minimum of 1.0 EBU. Parcels over 50 gross acres are assigned a maximum of 50 EBU.
Exempt Parcels - This land use identified properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space area and right-of-ways; common areas, sliver parcels and bifurcated lots or any other propefi that cannot be developed; park properties and other publicly owned properties that are part of the District improvements and are therefore exempted from assessment.
The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel's individual EBU.
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 14 "t(wt LLDAN
Land Use Godes and Equivalent Benefit Units
Property Type Land Use Code Equivalent Benefit Units Multiplier Single Family Residential
Multi-Family Residential
Developed Commercial
Non-Profit Parcel
Vacant Residential
Vacant Non-Residential
Exempt Parcel
SFR
MFR
coM
NP
RV
NRV
XMT
1,00
1.00 4,00
0.25 0.50
1.00 0.00
LoUParcel
Unit
Gross Acre
Gross Acre
LoVParcel
Gross Acre
Parcel
The beneflt formula applied to parcels within each Zone of the District is based on the preceding EBU table. Each parcel's EBU correlates the parcel's special beneflt received as compared to the other parcels benefiting from the improvements of the Zone.
The following formula is used to calculate each parcel's EBU (proportionalbenefit).
Parcel Type EBU x Acreage/Dwelling Units/Parce!/Lot = Parcel EBU For each zone, the total number of Equivalent Benefit Units ("EBU"s) is the sum of the individual EBUs applied to the parcels that receive a special benefit from the improvements. An assessment amount per EBU ("Rate") is established by taking the total cost of the improvements (including administration costs) and dividing that amount by the total number of EBUs of the parcels benefiting from the improvements. This Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation.
Total Balance to Levy / Total EBU = Rate per EBU
Rate per EBU x Parcel EBU = Parcel Levy Amount
D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XlllC and XlllD),legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). 2024t202s Tehachapi Landscape and Lighting District No.1 Page ts "I{wt LLDAN
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and annual inflationary adjustment to the Assessments without requiring costly noticing and mailing procedures, which could add to the District costs and Assessments.
Original District, the approved annual adjustment to the Assessment per EBU is three percent (3%).
Zones 1 - 8 and 16 have an approved annual adjustment to the Assessment per EBU proposed to increase each year based upon the change in the Consumer Price lndex ("CPl") for All Urban Consumers for the Los Angeles - Long Beach- Anaheim Area index to compute the CPI difference each year. Each fiscal Year, the Engineer shall compute the percentage difference between the CPI for January to January. a For Zone 14C, the Engineer shall compute the percentage difference between the CPI for February to February and shallthen adjust the existing Assessment by an amount not to exceed such percentage for the following fiscal year.
For Zone 13C and Zone 15C, the Engineer shall compute the percentage difference between the CPI for February to February or CPUC rates for the previous February and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. a
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Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index, or a comparable system as approved by the City Council for determining fluctuations in the cost of living. The CPI for January increase is2.52o/o based on January 2023 and January 2024 indices. The CPI increase for February is 3.35% which is based on February 2023 and February 2024lndices.
The Assessment Range Formula shall be applied to the future Assessments within the District. Generally, if the proposed annual assessment (levy per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annualassessment is not considered an increased assessment.
The Maximum Assessment Rate for each Zone is equal to the initial Assessment (approved by properg owners within each Zone of the District) adjusted annually by the approved inflation index.
Each fiscal year the Maximum Assessment will be recalculated, and a new Maximum Assessment established for each Zone in the District.
The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annua! assessment. Any proposed annual Rate per EBU that is less than or equal to this Maximum Assessment is not 2024t2025 Tehachapi Landscape and Lighting District No.1 Page 16 "I{wt LLDAN
considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
Although the Maximum Assessment will increase each year, the actual applied assessment rate per EBU may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on annual assessment increases. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the Maximum Assessment. For each Zone, if the budget and applied assessment rate calculated for any fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment rate may be applied without additional property owner balloting. lf the budget and assessment rate calculated require an increase greater than the current Maximum Assessment, then the assessment is considered an increased assessment and would be subject to property owner protest balloting in compliance with the Constitution.
2024t2025 Tehachapi Landscape and Lighting District No.1 Page 1 7 t,\/wtllonr.r
III. DISTRICT BUDGET
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2024t2025 Tehachapi Landscape and Lighting District No. 1 Page 18 t, ro 30 t20 3t2_72 11.47.76
LEW
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DISTRICT STATISTICS
FUND INFORMATION
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Appendix A
-
DISTRIGT ASSESSMENT DIAGRAM
Boundary Diagrams are on file with the City and by reference are made part of this Report.
The details of the lots or parcels within the District shall be defined by the Kern Coun$ Assessor's Maps established by the County for Fiscal Year 202412025. These maps, in connection with the Assessment Roll in Appendix B, constitute the District Assessment Diagram for Fiscal Year 202412025.
2024t2025 Tehachapi Landscape and Lighting District No. 1 Page 20
APPENDIX B -ASSESSMENT ROLL
Parcel identification, for each lot or parcelwithin the District, shall be the parcelas shown on the Kern County Assesso/s map for the year in which this Report is prepared.
Non-assessable lots or parcels may include areas of public streets and other roadways (typically not assigned an APN by the Coun$); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed.
Parcel identiflcation, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the County Assessor's Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.
Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the propefi tax roll for the fiscal year. !f any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.
Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
2024t2025 Tehachapi Landscape and Lighting District No. 1 Page21
CITY OF
APPROVED
DEPARTMENT HEAD:-
CITY MANAGER:_
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL L5,2024 AGENDA SECTION: FINANCE
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: HAMED JONES, FINANCE DIRECTOR
DATE: APRIL tO,2024
SUBJECT: CITY OF TEHACHAPI DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. l AND NO. 18
BACKGROUND
This action by the City Council initiates the process and declares the City's intention to levy assessments within the City of Tehachapi Drainage Benefit Assessment District No. 1 and No. 18 (Parcel Map 11353). This action also sets the time and place for the public hearing on this issue.
The total annual maintenance and administration costs to the District are 5LL,275.14. Annual District costs are funded through the assessments placed on the property tax bills.
OPTIONS
There are no alternate options for this item.
RECOMMENDATION
It is recommended that the City Council adopt three resolutions: (1) lnitiating procedures for levy and collection of assessments for the Fiscal Year 202412025; (2) Preliminary approval of the Consolidated Engineer's Report, and (3) Declaring the City's intention to levy and collect assessments, which sets the time and place of the public hearing for Monday, MaY 6,2024, at 6:00 P.M. cm oF
NHACHAPI
I TAI,DPAMENT
RESOLUT!ON NO.
RESOTUTION OF THE CITY COUNCIL OF THE CIW OF TEHACHAP!, CAHFORNIA, tNtTtATtNG PROCEEDINGS FOR THE LEVY AND
COLIECflON OF ANNUAT ASSESSMENTS FOR CITY OF TEHACHAPI
DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1 AND NO. 18
(PARCEL MAP 113s31FOR FTSCALYEAR 2O24l2O2s
The City Council of the City of Tehachapi (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chopter 6.a of the Californio Government Code, beginning with Section 54703 (hereafter referred to as the '7982 Act") formed an assessment district to be designated as City of Tehachapi Drainage Benefit Assessment District No. 1 (Parcel Map 11353) and City of Tehachapi Drainage Benefit Assessment District No. 18 (Parcel Map 11353) (hereafter referred to as the "Districts"), for the purpose of funding the ongoing operation, maintenance and servicing of drainage improvements installed in conjunction with the development of properties within the Districts; and to levy and collect annual assessments related thereto.
The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuantto Article 4 Section 54778; and, WHEREAS, the City Council has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the administration of the Districts, the establishment of annual assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 AcU and in accordance with the requirements of the Californio Constitution, Articles XlllC ond XlllD;
NOW, THEREFORE, BE lT RESOIVED, by the City Council of the City of Tehachapi as follows:
SECTION 1. The City Council hereby orders the Engineer to prepare and file a Consolidated Engineer's Annual Levy Report concerning the levy of assessments for properties within the Districts.
SECTION 2. The Districts' improvements include the ongoing operation, administration, maintenance and servicing of the drainage basin systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated within the Districts. Said improvements may include, but are not limited to all materials, equipment, utilities, labor and appurtenant facilities related to those improvements, and dedicated to the City of Tehachapi for such maintenance.
SECrION 3. The territory within Drainage Benefit Assessment District No. 1 and No. 1B (Parcel Map 11353) consists of lots, parcels and subdivisions of land located in the development known as Parcel Map 11,353.
1 CIN OF
I.[GAI- DEARilI:NT
PASSED, APPROVED, AND ADOPTED this 15th day of April 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on April15,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
2 cn ot
EHACHAPI
I,ECALDFARfrNI
RESOLUT!ON NO.
RESOTUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPI,
CALIFORNIA, ACCEPTING AND PRETIMINARIIY APPROVING THE
CONSOLIDATED ENGTNEER'S ANNUAT LEVY REPORT REGARDING
THE CITY OF TEHACHAPI DRAINAGE BENEFIT ASSESSMENT
DrsrRrcr No. 1 AND NO. 18 (PARCET MAP 113531 FOR FtSCAt YEAR2O24l2O25
The City Council of the City of Tehachapi (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, the City Council has, by previous Resolution, ordered the preparation of a Consolidated Engineer's Annual Levy Report (hereafter referred to as the "Report") regarding the assessment districts to be designated as the "City of Tehachapi Drainage Benefit Assessment District No. 1 (Parcel Map 11353) and City of Tehachapi Drainage Benefit Assessment District No. 18 (Parcel Map 11353) "; (hereafter referred to as the "Districts"), and the levy and collection of assessments related thereto, pursuant to the provisions of the Benefit Assessment Act of 1982, Chopter 6.4 of the Colifornio Government Code, beginning with Section 5470j (hereafter referred to as the "L982 Act"); and, WHEREAS, there has now been presented to this City Council the Report and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the Districts and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the Districts, as set forth in said Report.
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Tehachapi as follows:
SECTION 1. The preceding recitals are true and correct.
SECITON 2. That the Report as presented, consists of the following:
a. A Description of lmprovements.
b. A Boundary Diagram of the Districts.
c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments.
1 CN OF
LrcAL DEARruNT
e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2024/2025.
sEcfloN 3. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 4. The Maximum Assessment described in the Report is hereby approved on a preliminary basis.
sEcfloN 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this 15th day of April2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certifiT 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 April15,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
2 CIEOE
GHAGfI
I-rcAL DEARWENT
RESOLUT!ON NO.
RESOLUTION OF THE CITY COUNCIT OF THE CITY OF TEHACHAPI,
CATIFORNIA, DECTARING ITS INTENTION TO IEVY AND COLTECT ANNUAT ASSESSMENTS WITHIN CITY OF TEHACHAP! DRAINAGE
BENEFTT ASSESSMENT D|STRICT NO. 1 AND NO. 18 (PARCEI MAP 11353) tN FTSCAL YEAR202412025, AND TO APPOTNT A TIME AND
PTACE FOR THE PUBTIC HEARING ON THESE MATTERS
The City Council of the City of Tehachapi (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 7982, Chapter 6.4 of the Colifornio Government Code, beginning with Section 54703 (hereafter referred to as the "L982 Act") did by previous Resolution approve the levy and collection of annual assessments to pay for the ongoing operation, maintenance and servicing of drainage improvements installed in conjunction with the development of properties within the Districts; and to levy and collect annual assessments related thereto for the assessment districts designated as "City of Tehachapi Drainage Benefit Assessment District No. 1 (Parcel Map 11353) and City of Tehachapi Drainage Benefit Assessment District No. 18 (Parcel Map 11353) " (hereafter referred to as the "Districts"); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed Districts, and the levy of assessments for Fiscal Year 202412025 (July 1, 2024 and ending June 30, 20251, and the City Council did by previous Resolution preliminarily approve such Report.
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Tehachapi as follows:
SECTTON 1. The City Council hereby declares its intention to seek the annual levy of the Districts pursuant to the 1982 Act, over and including the land within the Districts boundary, and to levy and collect special benefit assessments on parcels of land within the Districts to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of the drainage basin and appurtenant facilities related thereto.
SECTION 2. The Districts' improvements include the ongoing operation, administration, maintenance and servicing of the drainage basin systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated within the Districts. Said improvements may include, but are not limited to all materials, equipment, utilities, labor and appurtenant facilities related to those improvements, and dedicated to the City of Tehachapi for such maintenance. 1 cn oF
THACflAPI
I.FCAL DPARfrM
SECfION 3. The proposed territory within City of Tehachapi Drainage Benefit Assessment District No. 1 and No. 18 (Parcel Map 11353) consists of lots, parcels and subdivisions of land located in the development known as Parcel Map 11353.
SECTION 4. The proposed assessments for the Districts are outlined in the Engineer's Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution.
SECTTON 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Monday, May 5, 2024 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at22O West C Street, Tehachapi, California, in accordance with Government Code, Section 5375j ond Colifornio Constitution, Article XltlD, Section a@| The City shall give notice of the time and place of the Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to Government Code Section 6066 as outlined in the 1982 Act. At the Public Hearing, interested persons shall be permitted to present written and/or oraltestimony.
PASSED, APPROVED, AND ADOPTED this 15th day of April 2024 AYES:
NOES:
ABSTAIN
ABSENT:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on April15,2024.
TORI MARSH, CMC, City Clerk of the
City of Tehachapi, California
2 TE HACHAPI
L IVE U P
CIU of Tehachapl
Dralnage Beneflt A$essment
Dlstrlst No. 1. and 18
(Parcel Map 11353)
FscruYenn 2024/2025
Cot tsoltDATED ErueIneeR's Repont
lntent Meeting: April 15, 2024
Public Hearing: May 6, 2024
273ffiYia lndustria
Sulte 2fi)
Temecula, Callfornla 9259O
T 951.597.3500 | 800.755.5864
F 951.587.3510
wrnil.wllldan.com
,t{wtLLDAN
"t{wtLLDAN
Affidavit for the Enginee/s Report
CITY OF TEHACHAPI
DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1 AND 1B
(PARCEL MAP 11353)
This Consolidated Engineer's Report describes District No. 1 and 1B including the improvements, budgets, parcels, and assessments to be levied for fiscal year 202412025, as they existed at the time of the passage of the Resolution of lntention. Reference is hereby made to the Kern County Assessor's maps for a detailed description of the lines and dimensions of parcels within the Districts. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this day of 2024
Wlldan Financial Services
Assessment Engineer
On Behalf of the City of Tehachapi
By:
Chonney Gano, Project Manager
District Adm i nistration Services
By
Tyrone Peter
P. E. #C 81888
"I{wtLLDAN
TABLE OF CONTENTS
II. DESCRIPTION OF THE DISTRICTS
General Description of the Districts .......
lmprovements and Services within the Districts........
III. METHOD OF APPORTIONMENT
Methodology
Benefit Analysis
Assessment Methodology
Assessment Range Formula..
Drainage Benefit Assessment District No. 1 ..
Drainage Benefit Assessment District No. 1B
A.
B.
1 2
2 2
3 3
3 4
7 7
7 A.
B.
c.
D.
APPENDIX A . DISTRICTS DIAGRAM 10
APPENDIX B . ASSESSMENT ROLL....... 13
,I{wtLLDAN
I. INTRODUGTION
The special assessment districts described in this report contain parcels of land within a non-residential development (Parcel Map 1 1353) (hereinafter referred to as the "Development"). The City of Tehachapi ('City') has established the City of Tehachapi Drainage Benefit Assessment District No. 1 (Parcel Map 11353) ('DBAD 1") and Drainage Benefit Assessment District No. 1B (Parcel Map 11353) ('DBAD 1B'), (hereinafter referred to as the "Districts') in order to provide annual maintenance for drainage improvements in the Development.
The City annually levies and collects special assessments to continue the maintenance of the improvements within the Districts. The assessments levied annually on the territory in the Districts are pursuant to the provisions of the Benefit Assessment Act of 1982 being Chapter 6.4 of Part 1 of division 2, commencing with Secfion 54703, of the Govemment Code of the Sfafe of California (hereinafter referred to as the '1 982 Act), and as provided by Proposition 21 8, "The Right to Vote on Taxes Act", Article Xlll D, Secfion 4, of the 1982 Califomia Constitution (the "Constitution").
This Consolidated Engineels Report (hereinafter referred to as the "Report") describes the Districts and the proposed assessments for fiscal year 202412025. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. Parcels within the Districts are assessed proportionately for only those improvements and services that are a direct and special beneflt to each property in the Districts.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Kern County ("County") Assessor's Office. The Kern County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments.
Pursuant to the 1982 Act, the City Council conducted the required public hearings necessary to accept property owner protests, public comments, and testimony regarding the formation of the Districts and the proposed annual levy of assessments. ln conjunction with the required 1982 Act formation proceedings (public hearing), the City conducted property owner protest ballot proceedings for the annual assessments and assessment range formula described in the Original Reports in compliance with the substantive and procedural requirements of the California Constitution Article XlllD. The proposed formations and annual assessments for each Districts were approved and established at the public hearing for the Districts, and pursuant to the 1982 Act.
The City Council may annually determine the cost of the services that are financed by the assessments and by ordinance or resolution order the levy of the annual assessments.
However, in accordance with the provisions of the Califomia Constitution Article XlllD, no 2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 1 "t{wtLLDAN
annual assessment shall exceed the maximum assessment amount established in the Original Reports without additional approval of the affected property owners. The assessment information approved would be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel.
II. DESCRIPTION OF THE DISTRICTS
A. General Description of the Districts
The Districts consists of non-residential properties identified as Parcel Map 11353.
The purpose of the Districts is to ensure the ongoing maintenance, operation, and servicing of drainage improvements installed in connection with development of properties within the District. The Districts provides the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements are funded.
The Districts structure, improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements.
The Districts are located within the City of Tehachapi. DBAD 1 is generally situated north of the Southern Pacific Railroad, and easterly of Dennison Road and DBAD 2 is generally situated along East Tehachapi Boulevard between Dennison Road and Bailey Court.
B. lmprovements and Services within the Districts
The purpose of the Districts is to ensure the ongoing maintenance, operation, and servicing of drainage improvements installed in connection with the development of parcels within the Districts. These improvements may include, but are not limited to, all materials, equipment, utilities, labor, and appurtenant facilities related to those improvements. The improvements installed as part of the development will be maintained and partially or entirely funded through the Districts assessments.
For Parcel Map 11353, the drainage improvements and services as permitted pursuant to the 1982 Act for a basin of approximately 67,400 square feet are as follows:
Basin Maintenance
All appurtenant facilities, equipment, materials, and utilities related to the aforementioned im provements.
Maintenance and operations of drainage facilities.
a
a
o
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 2 ,t{wtLLDAN
The estimated annual cost to provide and maintain the improvements within the Districts shall be allocated to each propefi in proportion to the special benefits received. The Method of Apportionment described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1982 Act and the provisions of Proposition 218.
III. METHOD OF APPORTIONMENT
A. Methodology
The 1982 Act permits the establishment of a maintenance assessment district by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public drainage improvements and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
'The net amount fo be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among a// assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcelfrom the improvements."
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the Districts to fairly apportion the costs based on estimated benefit to each parcel.
B. Benefit Analysis
Each of the improvements, the associated costs and assessments within the Districts have been reviewed, identified, and allocated based on special benefit pursuant to the provisions of the California Constitution and 1982 Act. All improvements associated with this Districts have been identifled as necessary, required and/or desired for the orderly development of the property within the Districts to its full potential, consistent with the development plans. As such, these improvements would be necessary and required of any property owner for the development of such property, and the ongoing operation, servicing, and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special beneflt to the propefi.
The method of apportionment (method of assessment) is based on the premise that the assessed parcel within the Districts receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of drainage facilities to handle storm water runoff.
The special benefits associated with the drainage improvements are specifically:
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 3 {wtLLDAN
Enhanced desirability of the property through association with the improvements;
Environmental enhancement through improved erosion resistance, dust and debris control;
lncreased sense of pride in ownership of property within the Districts resulting from well-maintained improvements associated with the properties;
Enhanced environmental quality of the parcels by eliminating standing water.
For the drainage improvements, the special benefits contribute to a specific enhancement and desirability of the assessed parcel within the Districts. Although the improvements may include drainage improvements and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessary for the development of the property within the Districts and are not required nor necessarily desired by any properties or developments outside the Districts boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the Districts or to the public at large.
C. Assessment Methodology
The method of apportionment for the Districts calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the Districts. The special beneflt received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned within the Districts.
To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the Districts improvements as well as individual properg development within the Districts. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Article Xlll D Section 4 of the California Constitution, the parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the Districts as well as the land use of each property as compared to other parcels that benefit from those specific improvements.
o
a
a
a
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 4 "f{wtLLDAN
Equivalent Benefit Units
To assess benefits equitably, it is necessary to relate the ditferent types of parcel improvements to each other. The Equivalent Benefit Unit ("EBU') method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU).
Every other land use is converted to EBUs based on an assessment formula that equates the property's specific development status, type of development (land use), and size of the property, as compared to a single-family home site.
The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1982 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size, and development.
EBU Application by Land Use:
Single-Family Residential
-
This land use is defined as a fully subdivided residential home site with or without a structure or planned single-family residential lot as identifled by a submitted or approved tentative tract map or final tract map. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that all other land use types are compared and weighted against (i.e., Equivalent Benefit Unit or EBU).
Multi-Family Residential
-
This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property or planned residential lot as identified by a submitted or approved tentative tract map or final tract map. This land use is assessed 1.0 EBU per dwelling unit.
Developed Commercial
-
This land use is defined as property developed for either commercial or industrial use. This type of property receives greater benefit than Single-Family or Multi-Family property due to typically larger lot sizes in relation to residential properties. With typical SFR lot sizes al .25 acres, Developed Commercial land use type is assessed al4.O EBU per gross acre. Parcels less than .25 acres are assigned a minimum of 1.0 EBU and there is no maximum acreage cap, as is the case with Vacant Non-Residential Property.
Non-Profit Parcels
-
This land use is defined as property developed for non-profit activities such as Churches or Lodges. This type of property does receive benefit from the District improvements but at a rate that coincides with the sporadic intensity of people use for the parcel. Non-Profit land use type is assessed at 0.25 EBU per gross acre. Parcels less than 1.00 gross acres are assigned a minimum of 0.25 EBU.
Vacant Residential
-
This land use is deflned as property currently zoned for residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.
Vacant Non-Residentia!
-
This land use is defined as property currently zoned for any non-residential use, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 1.0 EBU per gross acre. Parcels less than 1 gross acre are assigned a minimum of 1.0 EBU. Parcels over 50 gross acres are assigned a maximum of 50 EBU.
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 5 {wtLLDAN
Exempt Parcels
-
This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited to, lots or parcels identified as public streets and other roadways ($pically not assigned an APN by the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.
The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel's individual EBU.
Land Use Codes and Equivalent Benefit Units
Sing le-Family Residential
Multi-Family Residential
Developed Commercial
Non-Profit Parcel
Vacant Residential
Vacant Non-Residential
Exempt Parcel
SFR
MFR
coM
NP
RV
NRV
XMT
1.00 1.00
4.00 0.25
0.50 1.00
0.00 LoUParcel
Unit
Gross Acre
Gross Acre
LoUParcel
Gross Acre
Parcel
The benefit formula applied to parcels within the Districts is based on the preceding Equivalent Benefit Unit (EBU) table. Each parcel's EBU correlates the parcel's special benefit received as compared to all other parcels benefiting from the improvements.
The following formula is used to calculate each parcel's EBU (proportional benefit) ParcelType EBU x Acreage/Dwelling Units/Parcel/Lot = Parce! EBU The total number of Equivalent Benefit Units (EBUs) is the sum of all individual EBUs applied to parcels that receive a special benefit from the improvement. An assessment amount per EBU (Rate) for each improvement is established by taking the total cost of the improvement and dividing that amount by the total number of EBUs of all parcels benefiting from the improvement. This Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation for that improvement.
Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
Propefi Type Land Use
Code
Equivalent
Benefit Units Multiplier
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 6 "t{wtLLDAN
D. Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles Xlll C and Xlll D), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.
Drainage Benefit Assessment District No. 1
Commencing with fiscal year 201012011 for DBAD 1, the amount of the assessment for the DBAD 1 is proposed to increase each year, based upon the Consumer Price lndex, All Urban Consumers, for the Los Angeles-Long Beach-Anaheim County Area ("CPl"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer computed the percentage difference between the CPI for February to February and adjusted the existing assessment by an amount not to exceed such percentage for the following fiscal year. The CPI increase for February is 3.35% which is based on February 2023 and February 2024 Indices.
Drainage Benefit Assessment District No. 1B
Commencing with fiscal year 202312024, the amount of the maximum assessment will increase to adjust for increases in labor and material costs, the maximum assessment correlates with Drainage Benefit Assessment District No. 1. The increase is based upon the annua! change in the Consumer Price lndex ("CPl'), All Urban Consumers, for the Los Angeles-Riverside-Orange County Area, as determined by the United States Department of Labor, or its successor, without conducting another mailed ballot election. The Engineer computed the percentage difference between the CPI for February to February and adjusted the existing assessment by an amount not to exceed the stated percentage identified under DBAD No.1.
For DBAD No. 1 and No. 1B should the Bureau of Labor Statistics revise such index or discontinue its preparation, the Engineer shall use the revised index, or a comparable system as approved by the City Council for determining fluctuations in the cost of living.
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 7 "t{wILLDAN
The Assessment Range Formula shall be applied to allfuture assessments within the Districts. Generally, if the proposed annual assessment (levy per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the Districts) adjusted annually by the CPl.
The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU less than or equal to this Maximum Assessment) is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. lf the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. lf the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting.
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 8 "t(wILLDAN
IV. DISTRICTS BUDGET
c of Tehacha
DISTRICT NO. No.1 No.1B Totals
202412025 Budget Worksheet
DRATNAGE BENEFTT ASSESSMENT D|STR|CT NO. 1 & 1B (PARCEL MAP 11353) Fund Number 20634
Basin prep for rainy season $0.00 $0.00 $0.00
Weekly maintenance during rainy season 0.00 0.00 0.00
Weekly maintenance during non-rainy season 0.00 0.00 0.00 Sump maintenance 3,085.98 4,414.02 7,500.00
Pump station service visits (2/year) 0.00 0.00 0.00
Misc. equipment fees 0.00 0.00 0.00
Total Malntenance Costs $3,085.98 $4,111.02 $7,500.00
Power Consumption $146.89 $210.11 $357.00 Pumps 0.00 0.00 0.00 Total Power Costs St'16.89 $210.11 $357.00
Pump and Motors ($30,000 every 15 years) $0.00 $0.00 $0.00 Electrical Equipment ($10,000 every 30 years) 0.00 0.00 0.00 Total Replacement Gost per year $0.00 $0.00 $0.00
Levy Administration and Professional Services $765.27 $1,094.60 $1,859.87 County Collection Fee 7 .28 0.56 7.84
City Overhead and Administration 637.95 912.48 1,550.43 TotalAdministration Costs t1,410.50 92,007.64 $3,418.14 TOTAL DTRECT AND ADMTN COSTS $4,643.37 $6,631.77 311,275.14 General Benefit Contribution $0.00 $0.00 $0.00
Reserve Collection/(Transbr) 0.00 0.00 0,00
Additional City Contribution 0.00 0.00 0.00
Total Collection/(Contribution) $0.00 $0.00 $0.00
Balance to Levy (Budgeted) $4,643.37 t6,631.77 $11,275.14 DISTRICT STATIST!CS
Total Parcels
Total Parcels Levied
TOTAI EBU'S
Applied Levy per Benefit Unit
Maximum Levy per Benefit Unit (FY 2024120251
Maximum Levy per Benefit Unit (Prior Year)
14 13
83.84 1
1 119.92
15 14
203.76
$55.3t1
$265.5876
$256.9613
Reserve Fund
Estimated Beginning Reserve Balance
Reserve Fund Adjustments
Estimated Ending Reserve Balance
(r)The difierence between the Balance to Levy Budgeted amount and the Assessment Roll amount is due to rounding. $137,637.00
0.00 $137,637.00
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 9 Lew Comoonents
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APPENDIX A - DISTRIGT DIAGRAM
The parcels within the City of Tehachapi Drainage Benefit Assessment District No. 1 and 1B (Parcel Map 1 1353), consist of all lots, parcels and subdivisions of land located in Parcel Map 11353 at the time of formations. DBAD 1 includes Kern County Assesso/s Parcel Map Book 223, Page 190, Parcel 15 and DBAD 1 B includes Page 190, Parcel 44.
This County Assessor's Parcel Map, the Assessment Roll, and Exhibit 1 constitute the District Assessment Diagram. A copy of the County Assessor's Parcel Map is shown on the following pages.
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 10 {wTLLDAN
I I
Tehachapi Drainage Benellt Assessment District No. 1
(Parcel Map 11353)
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2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 1 1 tG. -..- <\ lrr i.
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i...::..! oistrict Boundary
I APN 223-r90-44
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City of Tehachapi Drainage Benefit
Assessment District No. 1B
City of Tehachapi
County of Kern
State of California
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APPENDIX B. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the Districts, shall be the parcel as shown on the Kern County Assessor's map for the year in which this Report is prepared.
Non-assessable lots or parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other propefi that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the Districts boundary receive no direct or special benefits from the improvements provided by the Districts and are not assessed.
Parcel identification, for each lot or parcel within the Districts, shall be the parcel as shown on the Kern County Assesso/s map for the year in which this Report is prepared. The land use classification for each parcel is based on the Kern County Assessor's Roll. A listing of parcels assessed within each District, along with the assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.
Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for the fiscal year. lf any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.
Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
2024t2025 Drainage Benefit Assessment Districts 1 and 1B Page 13 Gity of Tehachapi
Drainage Benefit Assessment District No. I and No. lB (Parcel Map 11353) Preliminary Assessment Roll
Fiscal Year 202412025
223-650-01-00
223-650-02-OO
223-650-03-00
223-650-04-00
223-650-08-00
223-650-09-00
223-650-1 1 -00
223-650-12-00
223-650-1 3-00
223-650-14-00
223-650-15-00
223-650-17-00
223-650-18-00
223-19044-00
4. 600
500
414
1 150
1 100
501
601
609
701
700
NO
1 190
NO
4.00 4.00
4.00 2.44
2.84 7.20
3.60 3.60
20.60 20.60
2.48 4.48
119.92
221.36
221.36
221.36
135.02
157.16
398.44
199.22
199.22
1,140.00
1,140.00
137.24
247.92
6,636.36
1,062.35
1,062.35
1,062.35
648.03
754.27
1,912.23
956.12
956.12
5,471.10
5,471.10
658.66
1,189.83
31,U9.27
BAILEYAV
BAILEYAV
BAILEY AV
E TEHACHAPI BL
E TEHACHAPI BL
BAILEYAV
BAILEYAV
BAILEYAV
BAILEYAV
BAILEYAV
SITUS ADDRESS
TEHACHAPI BL
SITUS ADDRESS
Assessor's Parcel Number
14 203.76
$11,276.02
DBAD Parcel Map (1 1 353) Fiscal Year 202412025 Prcliminary Assessment Roll Page 1 of 1 Situs Address Benefit Units Charge Max Tax
Summaru Fields Value
APN Total:
EBI.I Tota!
Charue Total:
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: April 15, 2024 AGENDA SECTION: ASSISTANT CITY MANAGER
APPROVED
DEPARTMENT
CITY
TO
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
COREY COSTELLOE, ASSISTANT CIW MANAGER
APRTL L5,2024
Authorization of New Refuse/Recycling Rates And Amended and Restated Franchise Agreement with WM
BACKGROUND
As the Council is aware, the City of Tehachapi continues to work through the state-mandated regulations surrounding SB 1383 and State-mandated organics recycling programs. \Mrile the ordinances establishing such services have already been approved by Council, the City of Tehachapi has been working through regulatory and compliance issues with CalRecycle and navigating a complex commercial implementation, food rescue and waivers program with our contract hauler \A/I\I (formerly Waste Management).
As the council is aware, on February 201h,2024, the results of a waste and recycling rate study to meet the requirements of SB 1383, which includes residential organics recycling, was approved by the council. ln addition, council authorized the start of the Proposition 218 notification and protest period for the new rates scheduled to take effect on July 1, 2024, with a five-year authorization period for Consumer Price lndex increases annually.
PROTEST PERIOD AND PUBLIC HEARING
Ratepayers were notified via direct mailwith a notice explaining both the new rates, the unfunded state mandates requiring the new organics services and the process to submit a valid protest for the rates. As required by law, a public notice was also published in The Tehachapi News on March 27tn and April 3d.
Protests were accepted at City Hall and addressed to the City Clerk. Tonight, we are also holding a public hearing to accept any valid requests from property owners. The City of Tehachapi currently has 3,170 active accounts, meaning the City Clerk will need to verify 1,586 valid protests to prevent the Council from adopting the proposed rates.
As previously mentioned, the proposed rate increase is $11.23 a month for residential customers with our mostutilized service, other increases are outlined in the attached rate sheet. The most common changes in service will include the third organics cart issued to residential customers, along with the addition of commercial recycling carts or bins depending on volume as the State of California is no longer allowing mixed recycling and refuse to be sorted at the Materials Recovery Facility, now requiring those to be source-separated. The complete rate structure, also sent out to customers and ratepayers, is attached.
AMENDED AND RESTATED FRANCHISE AGREEMENT
As part of these new services, and new rates, staff and our contract hauler \A/M found it necessary to draft an amended and restated agreement between the two parties. The following changes were proposed and accepted by \A/M:
Term: The new agreement will be valid for five-years from the implementation date, with an automatic renewal for five additional years in July of 2029 tf either party does not wish to exit the agreement. This is a change from the assumed agreement that \A/M took over from Benz Sanitation which was a 2}-year agreement that renewed annually for an additional20 years.
Gustomer Service: Online and phone service requests have been put in place by the City and \M/1, this agreement includes those provisions of a 48-hour response time to either a customer request directly, or a customer request submitted for service by City staff.
Resolution of Disputes: Wrile this has not been an issue in the last few years, the City reserves the right to withhold payments to \A/III for billed services to customers should customer service issues go unresolved. This provision in the contract now includes the City Manager's authority to withhold payments until a time when the parties can discuss resolutions and the service issues are properly addressed and resolved.
Reporting: New requirements for reporting to the State of California with a variety of new laws including SB 1383 are also included in the new agreement. This agreement defines, under the guidance of state law, which party is responsible for remitting reports to the state, including the information required in the City's annual report to CalRecycle.
Consumer Price lndex: Section 53755 of the California Government Code allows for annual increases based on the consumer price index, along with calculation methodology for a period not to exceed five years. This process is currently in place with our current franchise agreement and will is included in an amended and restated agreement.
FISCAL IMPACT
Based on the number of accounts and the cost of service verified by both \A/M and which MSW Consultants deemed to be justified for delivering those services, the new rates will generate an additional $690,741 for FYE 2025. All those funds, except for the Cig of Tehachapi's 10-percent franchise fee, will be remitted to \M/l per our franchise agreement.
The requirements of SB 1383 allow for jurisdictions to utilize the Proposition 218 process to request ratepayers cover the costs of these services. The law requires jurisdictions to provide these services no matter the outcome of the process. ln the case of a successful protest by ratepayers, or should the Council not adopt the proposed rates, the general fund will be required to cover the $690,741 for the coming fiscal year. Due to the estimated CPI increases and projected growth of the City, that number is estimated to increase to $793,000 in FYE 2026, $965,297 inFYE2027, $1,149,403 in FYE 2028 and $1 ,346,714 in FYE 2029. The estimated total for the impact to the general fund for not adopting the proposed rates is $4,945,155 over the next five years.
Ad previously mentioned, the fees collected are remitted to \A/M for their providing the services, minus the City's tenpercent franchise fee which is used to cover administrative billing and State reporting costs. Due to the increased demand of the State of California on the administrative costs for the City within this fund, the Refuse/Recycling Fund is anticipating a $35,000 deficit in the current fiscal year. Once approved, the new rates are projected to leave the refuse/recycling enterprise fund with a $111,000 surplus in FYE 2025 which is estimated to increase to $292,000 by FYE 2029.
The conclusion of this report finds that the 10% franchise fee along with proposed rates are adequate to pay \A/tVl, fund City costs or managing our solid waste programs, and maintain adequate cash reserves over the next five years.
RECOMMENDATION
ADOPTA RESOLUTION AUTHORIZING THE NEW REFUSE AND RECYCLING RATES FOLLOWING THE PROPOSTTTON 218 PROCESS AND AUTHORIZING PER OUR FRANCHISE AGREETIiENT wlTH WiI, A GONSUilIER PRICE INDEX INCREASE NOT TO EXGEED FIVE YEARS.
APPROVE THE ATTACHED Ai,ENDED AND RESTATED FRANCHISE AGREEUENT WITH WT, DBA: USA WASTE OF GALIFORNIA INC.
crrY oF
TEHACHAPI
LEGAL DEPARTMENT
ATTEST:
RESOLUTION NO.
A RESOLUTION OF THE CITY COI'NCIL OF THE
CITY OF TEHACHAPI ADOPTING SOLID WASTE
AI\[D RECYCLING RATES
WHEREAS, the City Council of the City wishes to adopt refuse and recycling rates consistent with the requirements of California Senate Bill 1383 and the protest process of Article XIII D of the Constitution of the State of California, attached hereto as Exhibit "A" and by this reference made aparthereof (the "Refuse/Recycling Rates").
NOW, TI{EREFORE, BE IT RESOLVED by the City Council of the City of Tehachapi as follows:
1. That the foregoing recitals are tue and correct.
2. That the City Council hereby adopts the Refuse/Recycling Rates attached hereto as Exhibit "A" and by this reference made aparthereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi on 2024 as follows
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
MICHAEL DAVIES, Mayor of the City
of Tehachapi, California
I
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
TORI MARSH, City Clerk of the City of
Tehachapi, California
EXHIBIT ''A''
[Refuse and Recycling Rates]
Effective 2024
*For services provided to Commercial Customers, Kern County Bin Fees are charged in addition to service rate for Refuse disposal and Organic Waste processing as required by Ordinance No. G-9203.
YAll sizes and frequencies of Refuse Bin Service include one (1) 64-gallon Cart for Organic Waste 2 Service Rates
Residential Cart Services
Residential Cart Service - lnclude collection of three Carts as follows:
one (1)96-gallon Cart for Refuse serviced once per week, one (1) 54- gallon Cart for Organic Waste serviced once per week, and one (1) 96- gallon Cart for Recyclable Materials serviced once every other week. s 33.91 Commercial Cart Service*
Commercial Cart Service - lnclude collection of three Containers as follows: one (1) 96-gallon Cart for Solid Waste serviced once per week, one (1) 64-gallon Cart for Organic Waste serviced once per week and one (1) 95-gallon Cart for Recyclable Materials serviced once every other week. s 58.98
Commercial Bin Services*r
1.5-cubic yard Solid Waste Bin x l times per week s t44.LO 3-cubic yard Solid Waste Bin x l time per week S rs4.59 3-cubic yard Solid Waste Bin x 2 time per week s 26s.92 3-cubic yard Solid Waste Bin x 3 time per week S 377.07 3-cubic yard Solid Waste Bin x 4 time per week S 487.94 3-cubic yard Solid Waste Bin x 5 time per week S 599.33 3-cubic yard Solid Waste Bin x 6 time per week s 770.9L Commercial Front-Load Compactor Service
3-cubic yard Refuse Compactor x 1 time per week s 300.06 Additional Services
Additional 95-gallon Residential Refuse Cart (WM billed)t S LO.24 Additional 95-gallon Residential Recyclable Materials Cart (WM billed)+ S 9.88 Additional 54-gallon Residential Organic Waste Cart (WM billed)+ s L0.24 Additional 96-gallon Commercial Refuse Cart (WM billed)*t s 76.78 Additional 96-gallon Commercial Recyclable Materials Cart (WM billed)r S 9.88
Additional 54-gallon Commercial Organic Waste Cart (WM billed)*r S 30.62 Extra 3-cubic yard Refuse Pickup (WM billed) s 48.59
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
serviced once per week and one (1) 96-gallon Cart for Recyclable Materials serviced once every other week.
3 AMENDED AND RESTATED
SOLID WASTE FRANCHlSE AGREEMENT
BETWEEN
THE CITY OF TEHACHAPI, CALIFORNIA
AND
USA WASTE OF CALIFORNIA, INC.
April75,2024
TABLE OF CONTENTS
ARTICLE 1: GRANT AND ACCEPTANCE OF FRANCHISE
Section 1 .1 : Grant and Limitations of Exclusive Franchise ARTICLE 2: REPRESENTATIONS AND WARRANTIES OF THE PARTIES Section 2.1 : Representations and Warranties.
ARTICLE 3: TERM OF AGREEMENT...
Section 3.1. Term of Agreement .....
Section 3.2: Automatic Renewal ......
Section 3.3. Option to Extend........
Section 3.4: Termination for Failure to lmplement Services....
ARTICLE 4: SCOPE OF SERVICES
Section 4.1 : Residential Services
Section 4.2. Commercial Services
Section 4.3: Collection Service Operating Requirements.
Section 4.4: Other Services.
Section 4.5. Standard of Performance....
Section 4.6: Collection Locations.
Section 4.7: Excluded Waste; Route Reviews.
Section 4.8: Changes in Scope of Collection Services; Change in Law Section 4 9: Billing
Section 4.10. Transition to Next Contractor at End of Agreement...
Section 4.'1 1. SB 1383 Programs.
ARTICLE 5 : PROCESSING AND TRANSFER.............
Section 5.1 : Processing and Transfer Arrangements
Section 5.2: Title to Solid Waste and Recovered Materials...
ARTICLE 6: REFUSE DISPOSAL...........
Section 6.1: Refuse Disposal .......
Section 6.2. Bin/Gate Fees
5 5
7 7
I
I
I
I
I
10 10
11 13
14 14
15 16
16 17
18 18
19 19
19 21
21 21
ARTICLE 7: OPERATING ASSETS 22
Section 7 .1'. Operating Assets..............
Section 7.2: Operation and Maintenance of the Operating Assets Section 7.3: Containers.
ARTICLE 8: GENERAL REQUIREMENTS
Public Access to the Contractor .........,,,,,
Customer Service
Confidentiality......
Reporting.
AB 939, AB 1826, and AB 341 Reporting
SB 1383 Reporting
22 22
22 24
24 24
24 25
25 26
The City of Tehachapi
Amended and Restated Franchise Agreement
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8.6
-1-
Section 8.7: Personnel .
Section 8.8: City Contract [Vlanager
ARTICLE 9: CITY FEES
Section 9.1:City Fees.
Section 9.2: Adjustment to Fees
Section 9.3: Payment Schedule and Late Fees
ARTICLE 10: CONTRACTOR'S COMPENSATION AND RATE SETTING
Section 10.1: General ....
Section 10.2: Rates and Annual Adjustments......
Section 10.3: Special Circumstances Rate Adjustments.
Section 10.4. Publication of Rates
ARTICLE 11: INDEMNITY, INSURANCE, AND PERFORMANCE BOND.....
Section 1 1.1 : lndemnification
Section 1 1.2: lnsurance
ARTICLE 12: DEFAULT, REIiIEDIES AND TERMINATION
Section 12.1'. Default and Remedies
Section 12.2: Uncontrollable Circumstances.
Section 12.3. Right to Demand Assurances of Pedormance....
ARTICLE 13: RESOLUTION OF DISPUTES.........
26 27
28 28
28 28
30 30
30 31
32 33
33 35
38 38
39 41
42 ARTICLE 14: MTSCELLANEOUS PROV!S|ONS....... .....................1 Section 14 1:Relationship of the Parties .......1
Section 14.2: Notice to Parties...... ..............1
Section 14.3: Actions of the City in its Governmental Capacity. ...............2 Section 14.4: Binding Effect ......2
Section 14.5: Amendments .......2
Section 14.6. FurtherAssurance; Parties to Act in a Reasonable Manner. .......2 Section 14.7: Assignment and Transfer of Agreement....... ...........2 Section 14.8: lnterpretation .......3
Section 14.9: Governing Law; Jurisdiction.... ......5
Section 14.10'. Entire Agreement ....... ........5
STEP 1: EXTRACT THE DATA SET PUBLISHED BY BUREAU OF LABOR srATtsflcs .......... ..................1
STEP 2: CALCULATE THE ANNUAL AVERAGE PERCENTAGE CHANGE IN THE CP!.U - WATER, SEWER, AND TRASH
EFFECTIVE JULY 1,2024
Service
The City of Tehachapi
Amended and Restated Franchise Agreement
1 ,,
1 -2-
List of Exhibits
A. Definitions
B. Rate Adjustment Methodology
C. Rate Schedule
D. Reporting Requirements
E. Recyclable Materials
The City of Tehachapi
Amended and Restated Franchise Agreement
-3-
7 2
AMENDED AND RESTATED
SOL!D WASTE FRANCHISE AGREEMENT
3 This Amended and Restated Solid Waste Franchise Agreement (the "Agreement") is 4 entered into this 1st day of July, 2024 (the "Effective Date"), by and between the City of 5 Tehachapi (the "City") and USA Waste of California, lnc. ("Contractor") (each a "Party" and 5 collectively the "Parties").
7 RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ("A8939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
WHEREAS, on April t6,20L8, City assigned the existing Amended and Restated Refuse Collection Agreement to Contractor (the "Prior Agreement"), which agreement is still in effec! and
WHEREAS, Senate Bill (SB) 1383, the Short- lived Climate Pollutant Reduction Act of 2OL6, requires the California Department of Resources Recycling and Recovery ("CalRecycle") to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, SB 1383 requires the City to implement certain organic waste collection programs and other regulatory requirements; and
WHEREAS, the Parties wish to amend and restate the Prior Agreement and enter into this Agreement to provide for, among other things, certain organic waste services.
NOW, THEREFORE, in consideration of the respective and mutual covenants and promises herein, the parties hereby agree as follows:
The City of Tehachapi
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ARTICLE 1: GRANT AND ACCEPTANCE OF FRANCHISE
Section 1.1: Grant and Limitations of Exclusive Franchise 30 By the signing of this Agreement, the City grants to Contractor, and Contractor accepts, an 31 exclusive franchise within the corporate limits of the City. Subject to the limitations described in 32 the Municipal Code, the franchise granted to Contractor shall be the exclusive right to Collect, 33 Transport, handle, Process, Recycle, and, Dispose of all Solid Waste (including Green Waste, 34 Recyclable Materials, and Food Waste) generated by Residential Premises and Commercial 35 Premises in the City, as more particularly set out in the scope of services described in Article 4 of 35 this Agreement and subject to the limitations described below in Section 1.1(A) and except where 37 otherwise precluded by Applicable Law.
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A. Limitations to Exclusivity. This Agreement shall not preclude the categories of Solid Waste listed below from being delivered to and Collected and Transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from the City which is otherwise required by law:
1. Recvclable Materials. Other Persons shall maintain the right to accept donated Recyclable Materials and to compensate the service recipient for Recyclable Materials so long as there is no net payment or other compensation made or received by the service recipient to such other Person;
2. Self-Hauled Materials. A Commercial business Owner or resident may Dispose of Refuse and Recyclable Materials generated in or on their own Premises using their own vehicles and equipment, and, with respect to a Commercial business, its own employees;
Donated Materials. Any items which are donated by the Generator to youth, civic, or charitable organizations;
Beveraqe Containers. Containers delivered for Recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq.
California Public Resources Code;
Materials Removed bv Customer's Contractor as lncidental Part of Services. Refuse, Green Waste removed from a Premises by a contractor (e.9., gardener, landscaper, tree-trimming service, construction contractor, Residential clean-out service), using its own employees, vehicles and equipment as an incidental part of the service being performed by such Contractor in its ordinary course of business and such contractor is providing a service which is not included in the scope of this Agreement; Animal. Grease Waste. and Used Cooking Oi!. Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil; The City of Tehachapi
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69 7. Sewase Treatment Bv-Product. By-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
8. Excluded Waste. Excluded Waste regardless of its source;
9. Materials Generated bv State or Countv Facilities. Materials generated by State or County facilities located in the City; and,
10. Ediblelood Beqovery. Collection , transport and distribution of Edible Food by thirdparty persons or organizations. 70 Contractor acknowledges and agrees that the City may permit other Persons besides the 7L Contractor to Collect any and all types of materials excluded from the scope of this Franchise, as 72 set forth above, without seeking or obtaining approval of Contractor. lf Contractor can 73 demonstrate that other Persons are servicing Collection Containers or are Collecting or 74 Transporting Solid Waste in a manner that is not consistent with this Agreement or the City's 75 Municipal Code, it shall report the location where the service is being provided, the name and 76 phone number of the Person or company providing the service, if available or known to 77 Contractor, to the City Contract Manager along with Contractor's evidence thereof. ln such case, 78 the City may notifo the Generator and Person providing service of Contractor's rights under this 79 Agreement and shal! take all such action as reasonably necessary to enforce Contractor's rights 80 under this Agreement.
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ARTICLE 2: REPRESENTATIONS AND WARRANTIES
OF THE PARTIES
Section 2.1: Representations and Warranties
The Parties, by acceptance of this Agreement, represent and warrant that:
A. Existence and Powers. The Parties are duly organized and validly existing under the laws of the State of California, with full legal right, power, and authority to enter into and perform their obligations under this Agreement.
Due Authorization and Binding Obligation. The Parties have duly authorized the execution and delivery of this Agreement. This Agreement has been duly executed and delivered and constitutes the legal, valid, and binding obligation of the Parties, enforceable against the Parties in accordance with its terms, except insofar as such enforcement may be affected by bankruptcy, insolvency, moratorium, and other laws affecting creditors'rights generally.
No Conflict. Neither the execution, nor the performance by the Parties of their obligations under this Agreement: (1) conflicts with, violates, or results in a breach of any law or governmental regulations applicable to either Party; or, (21 conflicts with, violates, or results in a breach of any term or condition of any judgment, decree, franchise, agreement (including, without limitation, the certificate of incorporation of the Contractor), or instrument to which the Contractor is a party or by which the Contractor or any of their properties or assets are bound, or constitutes a default under any such judgment, decree, agreement, or instrument. The Parties have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the California Government Code relating to conflicts of interest for public officers and employees. Contractor represents it is unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement.
D. No Litigation. There is no action, suit, or other proceeding as of the Effective Date, at law or in equity, before or by any court or governmental authority, pending, or to the Parties' best knowledge, threatened against either Party which is likely to result in an unfavorable decision, ruling, or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by either Party in connection with the transactions contemplated hereby, or which would materially and adversely affect the performance by that Party of its obligations hereunder or by the Contractor under any such other agreement or instrument.
No Legal Prohibition. The Parties have no knowledge of any Applicable Law in effect on the Effective Date which would prohibit the performance by either Party of this Agreement and the transactions contemplated hereby.
Contracto/s lnvestigation. Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement and the The City of Tehachapi
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work to be performed hereunder. Contractor has taken such matters into consideration in entering this Agreement to provide services in exchange for the compensation provided for under the terms of this Agreement.
Ability to Perform. Contractor possesses the business, professional, and technical expertise to manage, Collect, Transport, and Dispose of the Solid Waste; and Contractor possesses the equipment, facility, and employee resources required to perform this Agreement.
Voluntary Use of Designated Disposal Facility. The Contractor, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Designated Disposal Facility for the purposes of Disposing of all Refuse Collected in the City. Such decision by Contractor in no way constitutes a restraint of trade notwithstanding any Change in Law regarding flow contro! limitations or any definition thereof.
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ARTICLE 3: TERM OF AGREEMENT
Section 3.1: Term of Agreement
732 The Term of this Agreement is from the Effective Date through June 30, 2029 (the "lnitialTerm") 133 and shall continue in full force during that period, unless earlier terminated pursuant to this 734 Agreement. The Agreement may be extended in accordance with this Article or terminated 135 pursuant to Section 3.3 and/or Article 12.
136 Section 3.2: Automatic Renewal
741 Notwithstanding anything to the contrary in this Agreement with respect to termination hereof, 742 in the event that either Party properly gives notice to the other Party that it does not wish to 743 renew this Agreement prior to the Renewal Term under this Sectio n 3.2, a period of fourteen (14) 144 months shall be added to the lnitialTerm to winddown the services provided by Contractor under 745 this Agreement.
746 Section 3.3: Option to Extend
147 This Agreement may be extended beyond the RenewalTerm by mutualagreement of the Parties 748 for a period five (5) additional years (together with the lnitial Term and the Renewal Term, the 749 "Tetm").lf either Party desires to extend the Agreement, such Party shall provide the other Party 150 with written notice of its desire to extend the Agreement at least one hundred eighty (180) days 151 before the expiration of the then applicable Term. Such notice shall specify the desired duration 752 of the extension.
153 Section 3.4: Termination for Failure to lmplement Services 737
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This Agreement shall automatically renew for an additional period of five (5) years, beginning on July 1, 2029 through June 30,2034 (the "Renewal Term"), unless either Party delivers notice to the other Party in accordance with this Agreement that they do not wish to renew this Agreement at least one hundred and eighty (180) days prior to the Renewal Term.
The Contractor has agreed herein, through either its own labor, equipment, and facilities or facilities provided by others, to implement various programs in order to expand the types of services provided to the City. Failure to implement the services described in this Agreement upon the commencement of this Agreement for any reason shall constitute an Event of Default in accordance with Section L2.7 hereof, unless Contractor's performance is otherwise excused in accordance with this Agreement.
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150 ARTICLE 4: SCOPE OF SERVICES
Refuse Collection. Contractor shall Collect Refuse in Contractor-provided Carts one (1)time per week from Residential Customers and Transport all Refuse to the Designated Disposal Facility for Disposal.
Containers: 95 Gallon Carts
Service Frequency: One (1) time per week
Service Location: Curbside
Acceptable Materials: Refuse
Prohibited Materials: Prohibited Container Contaminants Additional Service: Contractor shall provide additional Refuse Containers to Residential Customers upon request and may charge the applicable Rate set forth in Exhibit C. Contractor may also provide additional services as Special Services.
Reryclable Materials Collection. Contractor shall Collect Recyclable Materials in Contractor-provided Carts one (1) time every other week from Residential Customers and Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for Processing. Contractor shall provide every-other-week Recyclable Material Collection services to Customers subscribing to Refuse Collection service.
Containers: 96 Gallon Carts
Service Frequency: One (1)time every other week on the same day as Refuse Collection
Service Location: Curbside
Acceptable Materials: Recyclable Materials
Prohibited Materials: Prohibited Container Contaminants Additional Service: Contractor shall provide additional Recyclable Material Containers to Residential Customers upon request and may charge the applicable Rate set forth in Exhibit C. Contractor may also provide additional services as Special Services.
The City of Tehachapi
Amended and Restated Franchise Agreement
L67 Contractor shall perform the services described in this Article 4. This Article 4 describes the L62 requirements for the services to be provided including the types and sizes of Containers to be 153 provided by Contractor, available Service Levels and frequencies, acceptable and prohibited !64 materials, and any additional services to be provided to Customers who subscribe to that 165 program. Failure to specifically require an act necessary to perform the service does not relieve 156 Contractor of its obligation to perform such act.
L67 Section 4.1: Residential Services
168 Contractor shall provide the services described in this Section 4.1 to any Residential Customer 169 within the City. The Residentialsector includes Multiple-Unit Dwellings with four (4)or less units. t70
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c. Organic Waste Collection. Contractor shall Collect Organic Waste in Contractor-provided Containers one (1) time every week from Residential Customers and Transport all Organic Waste to the Approved Organic Waste Processing Facility for Processing. Contractor shall provide one (1) time per week Organic Waste Collection services to Customers subscribing to Refuse Collection service.
Containers: 64 Gallon Carts
Service Frequency: One (1)time every week on the same day as Refuse Collection Service Location: Curbside
Acceptable Materials: Organic Waste
Prohibited Materials: Prohibited Container Contaminants Additional Service: Contractor shall provide additional Organic Waste Containers to Residential Customers upon request and may charge the applicable Rate set forth in Exhibit C. Contractor may also provide additional services as Special Services.
A. Refuse Collection. Contractor shall Collect Refuse in Contractor-provided Containers not less than one (1) time per week from Commercial Customers and Transport all Refuse to the Designated Disposal Facility for Disposal.
z].'L Section 4.2: Commercial Services
Contractor shall provide the services described in this Section 4.2to any Commercial Customer within the City, including Multi-Family Customers.
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Upon Customer request and to accommodate periodic additional service needs, Contractor shall provide Collection service at a greater frequency than the Customer's regularly scheduled service, up to the maximum Service Level and Contractor may charge the appropriate Rate set forth in Exhibit C for the higher Service Level.
Contractor shall provide a Bin exchange to any Commercial Customer for cleaning and maintenance one (1) time each year per Container, upon Customer request. Contractor may charge for additional cleaning and maintenance requests per Customer request. Contractor may also provide additional services as Special Services.
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Other Requirements: Contractor shall, at Customer's request and for an additional charge at the rate set forth in Exhibit C, open and close gates, push and/or pull Containers, or perform other services as reasonably necessary to access and empty Containers. Contractor may offer lockable Bin service to Customers upon request at the rate(s) set forth in Exhibit C.
Recyclable Materials Collection. Contractor shall Collect Recyclable Materials in Contractor-provided Containers not less than one (1) time every other week from Commercial Customers and Transport all Recyclable Materials to the Approved Recyclable Materials Processing Facility for Processing. Contractor may charge Customers the approved Rates for Recyclable Material Collection services that exceed one Collection per week. Contractor shall provide every other week Recyclable Material Collection services to Customers subscribing to Refuse Collection service.
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Upon Customer request and to accommodate periodic additional service needs, Contractor shall provide Collection service at a greater frequency than the Customer's regularly scheduled service, up to the maximum Service Level and Contractor may charge the appropriate Rate set forth in Exhibit C for the higher Service Level.
Contractor may also provide additional services as SpecialServices.
Contractor shall, at Customer's request and for an additional charge, open and close gates, push and/or pull Containers, or perform other services at the rate(s) set forth in Exhibit C as reasonably necessary to access and empty Containers. Contractor may offer lockable Bin service to Customers upon request at the rate(s) set forth in Exhibit C.
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Organic Waste. Contractor shall Collect Organic Waste in Contractor-provided Containers not less than one (1) time per week from Commercial Customers and Transport all Organic Waste to the Approved Organic Waste Processing Facility for Processing. Contractor shall provide one (1) time per week Organic Waste Collection services to Customers subscribing to Refuse Collection service.
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Curbside or other Customer-selected service location at the Commercial Premises (push/pull charges may apply if Container is not immediately accessible by the Collection Vehicle).
Organic Waste
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Upon Customer request and to accommodate periodic additional service needs, Contractor shall provide Collection service at a greater frequency than the Customer's regularly scheduled service, up to the maximum Service Level and Contractor may charge the appropriate Rate set forth in Exhibit C for the higher Service Level.
Contractor shall provide a Bin exchange to any Commercial Customer for cleaning and maintenance one (1) time each year per Container, upon Customer request. Contractor may charge for additional cleaning and maintenance requests per Customer request. Contractor may also provide additional services as Special Services.
Contractor shall, at Customer's request and for an additional charge, open and close gates, push and/or pull Containers, or perform other services at the rate(s) set forth in Exhibit C as reasonably necessary to access and empty Containers. Contractor may offer lockable Bin service to Customers upon request at the rate(s) set forth in Exhibit C.
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Other Requirements:
Section 4.3: Collection Service Operating Requirements
A. Regular Hours of Service. The Contractor shall schedule no Collections from any Premises on any day earlier than 6:00 a.m. or later than 5:00 p.m. provided, however, that the City may, at its sole discretion, change the Collection time as required by the needs of the Customers or the Contractor.
Emergency Service. Collection of Solid Waste necessitated by an emergency, which the City Contract Manager determines threatens the public health and safety within the City, will be made by the Contractor at the direction of the City Contract Manager. Such Emergency Services may be required outside of the regular Collection hours and schedule. lf the City requests the Contractor to provide Emergency Services, the Contractor will use the Contractor's good faith best efforts to respond to such a request and shall charge the applicable rate(s) in Exhibit C. The City shall reimburse the Contractor for all actual, documented and reasonable additional costs incurred in order to comply with the provisions of this Section.
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Noise Levels. The Contractor shall perform the Collection Services in a manner that minimizes the noise resulting from its equipment and personnel and shall ensure that it is in compliance with Applicable Law and the City's Municipal Code.
Holidays. Collection of Solid Waste shall not be required on the following legal holidays:
New Year's Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day and Christmas Day, except in case of emergency or as otherwise required by the City Contract Manager. Whenever a regular Collection falls on such a holiday, the Collection shall be made on the following working day, and Collections throughout the City shall become current within one (1) week thereafter. Written notice of this policy shall be provided to Customers no more than thirty (30) days prior to such alternative service day. Collection shall not be rescheduled when the holiday falls on a Saturday or Sunday, unless otherwise agreed to by the City and the Contractor.
Preservation of Public Health and Safety. The Contractor shall at all times operate in such a manner as to protect the public health and safety. The Contractor agrees to establish procedures and educate its employees as to such procedures regarding proper methods for the protection of the general public, including, but not limited to, arranging for the proper and legal Disposal of hazardous substances encountered during its performance under this Agreement.
331 Section 4.4: Other Services
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B. Overage. Where Contractor documents three (3) or more instances of overfilling within one (1) year, Contractor is authorized to deliver the next larger-sized Container to the Customer, deliver additional Containers, andf or increase Collection frequency, adjusting the service rate accordingly.
Section 4.5: Standard of Performance
343 Contractor shall at all times comply with Applicable Laws and provide services in a manner that 344 is safe to the public and the Contractor's employees. Except to the extent that a higher 345 performance standard is specified in this Agreement, Contractor shall perform services in 346 accordance with solid waste management practices common to California.
The City of Tehachapi
Amended and Restated Franchise Agreement
Special Services. The Contractor shall have the right, but not the obligation, to provide additional Special Services requested by any Customer which are directly related or ancillary to any of the other Collection Services authorized hereunder whether or not such services are specifically enumerated in or contemplated by this Agreement. The nature and terms of any such Special Services shall be negotiated with the Customer and compensation therefore shall be paid by the requesting Customer.
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!. Conduct and Uniform. The Contractor shall take all steps reasonably necessary to ensure that its employees performing Collection Services conduct themselves in a safe, proper, and workmanlike manner, and that they work as quietly as possible. All such employees shall at all times of employment be dressed in uniforms with suitable identification.
2. Driver Qualifications. All drivers must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class ll California Department of Motor Vehicles employer "Pull Notice Program" to monitor its drivers for safety.
Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who operate Collection Vehicles or equipment. Contractor shall train its employees involved in Collection to identify, and not to Collect, Excluded Waste. Upon the City Contract Manager's request, Contractor shall provide a copy of its safety policy and safety training program, the name of its safety officer, and the frequency of its trainings.
lmproper Loading of Containers. The Contractor may decline to Collect any Solid Waste that have been left for Collection in any manner which would prohibit their safe Collection.
Fees and Gratuities. The Contractor shall not, nor shall it permit any agent, employee, or Subcontractor employed by it, to accept, request, solicit, or demand, either directly or indirectly, any compensation for the Collection of Solid Waste and Recyclable Materials or other Collection Services, except such compensation as is specifically provided for herein as approved by the City.
Compliance with Applicable Law. The Contractor shall comply with all Applicable Law relating to any aspect of the Collection Services or this Agreement, shall obtain and maintain all lega! entitlements required for the Operating Assets and the Collection Services, shal! comply with all valid acts, rules, regulations, orders, and directions of any Governmental Body applicable to the Operating Assets and the Collection Services provided hereunder, and shall pay all taxes in connection therewith.
Taxes and Utility Charges. The Contractor shall pay all taxes lawfully levied or assessed upon or in respect of the Operating Assets or the Collection Services, or upon any part thereof or upon any revenues of the Contractor there from, and shall provide and pay the cost of al! utilities necessary for the operation of the Operating Assets and the provision of the Collection Services, when the same shall become due. 381 Section 4.6: Collection Locations
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General. The Contractor shall be responsible for the Collection of all Solid Waste placed for Collection in a legal manner. The Contractor shall immediately notify the City Contract Manager of any condition at or near any Designated Collection Location which creates a The City of Tehachapi
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safety hazard or accessibility problem. Upon authorization by the City Contract Manager, the Contractor shall discontinue Collection for any such location until the safety hazard or accessibility problem is corrected. Contractor may charge the "Extra Pick-up" Rate in the amount set forth in Exhibit C where its collection vehicle is required to return to the service location to complete Collection due to a safety hazard or access restriction caused by the Customer and documented with photographic evidence.
391 Section 4.7: Excluded Waste; Route Reviews.
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Excluded Waste. lf Contractor's personnel observe Excluded Waste in any uncollected Container, the Contractor's personnel shall notify the Customer of the nature of Excluded Waste identified (to the extent identifiable), and Contractor shall not collect the Container that contains Excluded Waste.
Route Reviews. Contractor shall conduct a sufficient number of route reviews to adequately determine Customers' compliance with 14 CCR Section 18984.5(b). The number of route reviews and timeframe of such reviews shall be decided by Contractor, provided that the route reviews comply with 14 CCR Section 18984.5(b). The City has approved Contractor's use of its Smart Truck'" system, including contamination monitoring via digital/video monitoring to conduct such route reviews. Nothing in this Section shall require Contractor to Collect a Container containing Excluded Waste (except de minimis volumes of HHW) that Contractor identifies while performing the services contemplated under this Agreement under any circumstances.
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Contractor shall not be required to Collect or Process any Organic Waste or Recyclable Materials that are not accepted by any facility to which Contractor delivers such materials for processing under this Agreement.
Section 4.8: Changes in Scope of Collection Services; Change in Law Change in Scope. Pursuant to the Municipal Code, the City may modify the scope of services performed by the Contractor pursuant to this Agreement.
The City shall provide written notice of any requested modification to the scope of services provided by Contractor pursuant to this Agreement, and the Contractor shall provide the City with any information requested by the City in connection with the proposed changes.
The Contractor shall, within sixty (60) days after receipt of such notice by the City, respond to the City's request. The Contractor shall be entitled to a rate adjustment in accordance with Sectlon 10.3 in the event the scope of services is modified in accordance with this Section 4.8. The amount of additional compensation shall be calculated following a change in scope Rate review pursuant to Section 10.3. The City and Contractor agree that Contractor's obligations and/or scope of services under this Agreement exclude any existing requirements regarding the future conversion of fleets, or any part thereof, to Zeroemissions (ZEV) or Near-zero-emissions (NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under Applicable Law, including without limitation Sections 2015 et The City of Tehachapi
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seq. of Title 13 of the California Code of Regulations. Should such existing Applicable Law apply to any Contractor's vehicles used in the provision of services under this Agreement during the Term, then the City and Contractor agree to meet and confer in good faith to amend this Agreement to incorporate provisions and obligations reasonably necessary to comply with such Applicable Law, and Contractor shall be entitled to a rate adjustment in accordance with Section 10.3 for such change in Contractor's obligations and/or scope of services under this Agreement.
Change in Law. A Change in Law may require that Contractor provide new, modified, or additional services under this Agreement, including pilot programs or innovative services that may entail new Collection methods, or different services requirements for Customers. ln the event of a Change in Law, the Parties shall meet and confer in good faith to amend this Agreement to incorporate provisions and obligations necessary to comply with the Change in Law and Contractor shall be entitled to a rate adjustment in accordance with Section 10.3.
437 Section 4.9: Billing
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A. City Billing. City shall directly bill all Customers for Solid Waste Collection services. The City shall maintain copies of all billings and payment receipts, each in chronological order, for the Term of this Agreement plus two (2) years after the termination or expiration thereof, for inspection and verification by Contractor at any reasonable time but in no case more than thirty (30) calendar days after receiving a request to do so.
Notwithstanding anything to the contrary in this Agreement, the City shall collect all applicable Bin fees and/or disposal, processing, transfer, and other applicable fees related to services it bills to Customers, and shall deliver to Contractor all such collected fees.
Contractor shall pay such Bin fees and/or disposal, processing, transfer, and other applicable fees as required by County Ordinance No. G-8057 to the extent such fees are delivered to Contractor by the City.
Contractor Billing. Contractor shall bill Customers for additional services provided to Customers and Special Services.
1. Payment Methods & Location. Contractor's website shall provide Customers with the ability to pay their bills through Contractor's website, mobile application, by electronic check, check via mail, or credit card and include the ability for Customer billings to be automatically charged on a recurring basis. Contractor shall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. Contractor shall make arrangements to allow Customers to pay bills by check or money order at a location within the County which shall be available to Customers from Monday through Friday, From 8am to 4pm.
Responsible Parties. For the purposes of determining the parties ultimately responsible for the purposes of billing, the Customer shall be determined to be the Owner of the property.
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Bad Debt & Collections Procedures. With respect to services it bills Customers for under this Section, Contractor shall be responsible for collection of payment from Customers with past due accounts. Contractor shall make reasonable efforts to obtain payment from delinquent accounts through issuance of late payment notices, telephone requests for payments, and assistance from collection agencies.
Contractor may withhold service from a delinquent account until past delinquencies are paid in full. Upon restoring service to a previously delinquent account, Contractor may require a reactivation fee of S25 and/or a deposit from the Customer not to exceed one (1) month's billings at the Customer's Service Level.
Contractor may charge interest at a rate of one and one-half (L%%1, or the highest rate of interest allowable under law on account balances that are more than fortyfive (45) calendar days past due.
A. Procurement of Recovered Organic Waste Products. As of the Effective Date, City is determining its "Recovered Organic Waste Product Procurement Target" (as defined in 14 CCR Section 18982(aX59)) in accordance with 14 CCR Section 18993.1. Upon determining its Recovered Organic Waste Product Procurement Target, City shall notify Contractor and the Parties shall meet and confer in good faith to discuss the type(s) and quantity of "Recovered Organic Waste Products" (as defined in 14 CCR Section 18982(aX60)) that are commercially reasonably available and that Contractor may procure for City. Contractor shall be entitled to a rate adjustment in accordance with Section 10.3 of the Agreement to compensate Contractor for its costs in procuring the Recovered Organic Waste Products. Contractor may comply with this Section under a separate procurement agreement in accordance with 14 CCR Section 18993.1(dX2), and by providing documentation of such procurement to the City.
B. Compliance Reviews. Subject to Applicable Law governing data security and privacy rights, Contractor shall, upon City's request, assist City with its annual compliance review The City of Tehachapi
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474 Section 4.10: Transition to Next Contractor at End of Agreement 475 Contractor upon direction from the City will cooperate with the subsequent contractor to assist 476 in a timely and orderly transition of services from Contractor to subsequent contractor. Upon 477 City's reasonable request, Contractor shall provide then-current route lists, which identify each 478 Customer on the route, its service level (number of Containers, Container sizes, frequency of 479 Collection, scheduled Collection day), and any special Collection notes, and detailed then480 available Customer account and billing information to the City. Contractor may, but shall not be 4gL obliged to, sell Collection vehicles, equipment, or facilities to the next contractor. 482 Notwithstanding anything to the contrary, nothing in this Agreement shall require Contractor to 483 provide any of Contractor's lntellectual Property, confidential information, proprietary or trade 484 secret information to any third party or require Contractor to provide any information in violation 485 of any Applicable Law, including, without limitation, privacy or data security laws. 486 Section 4.11: SB 1383 Programs
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of Commercial Accounts as set forth in 14 CCR Section 18995.1(aXfXe). Any such compliance review shall mean a "desk" review of records Contractor is required to maintain under this Agreement to determine the Account's compliance with 14 CCR Section 1898a.9(a) and the Commercia! Account's service level(s). Notwithstanding the foregoing, Contractor shall not have any obligation to inspect the premises of any Account or pursue any enforcement action related to, or arising out ol 14 CCR Section 18995.1, Section 18995.3, and Section 18995.4, which remain the sole obligations of City pursuant to applicable law. Contractor is not required to perform any such "desk" review with respect to Food Recovery Organizations, Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12.
C. SB 1383 Waiver Support. Upon request by the City, Contractor shall assist the City to verify or re-verify Customer requests for SB 1383 de minimis or space constraint waivers by performing a compliance review in accordance with Section 4.11(B).
ARTICLE 5: PROCESSING AND TRANSFER
Section 5.1: Processing and Transfer Arrangements
The Contractor shall make its own Processing and Transfer arrangements, so long as such arrangements are in compliance with this Agreement and Applicable Law. The City may orderthe Contractor to modify or terminate its Processing and/or Transfer arrangements if:
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522 ln the event the City directs the Contractor to modify or terminate waste Processing or Transfer 523 arrangements, the City acknowledges that the Contractor shall nonetheless be entitled to 524 recover, through an adjustment to the Rates to be charged and authorized to be imposed 525 hereunder, the reasonable costs of the Contractor incurred in implementing such Processing or 526 Transfer arrangements in accordance with Section 10.3. 527 Section 5.2: Title to Solid Waste and Recovered Materials 528 Once Solid Waste is placed in a Container for collection, ownership shall transfer to Contractor, 529 subject to the terms of this Agreement and by operation of law. Contractor is hereby granted the 530 right to retain, Recycle, Compost, Dispose of, and otherwise use such Solid Waste, or any part 531 thereof, in any Iawful fashion or for any lawful purpose desired by Contractor. Contractor shal! 532 have the right to retain any benefit or profit resulting therefrom. As between the Parties, the 533 Contractor has title to and liability for all Recovered Materials only to the extent it Collects, 534 transports, processes, or disposes of such Recovered Materials under this terms of this 535 Agreement, and shall indemnifo, defend, and hold harmless the City from any property damage, 535 personal injury, or consequential damages suffered by any Person from exposure to or as a result The City of Tehachapi
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537 of Processing any Recovered Materials or subsequent product made from Recovered Materials 538 based on any theory of liability. ln the event any Recovered Materials are delivered to, disposed 539 of, or processed by a third party, such third party shall take title to and liability for such Recovered 540 Materials.
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ARTICIE 5: REFUSE DISPOSAL
Section 5.1: Refuse Disposa!
Disposal Generally. The Contractor shallTransport and Dispose all Refuse at the Designated Disposal Facility in accordance with the requirements of Applicable Law, and shall comply with the requirements, rules and regulations of the Owner or operator of the Designated Disposal Facility.
Designated Disposal Facilities. The City shall have the right during the Term of the Agreement to designate the Designated Disposal Facility, or multiple concurrent Designated Disposal Facilities, in its sole and absolute discretion. The City shall notify the Contractor in writing of any changes in or additions to the Designated Disposal Facility. City acknowledges that the Contractor shall nonetheless be entitled to recover, through an adjustment to the Rates to be charged and authorized to be imposed hereunder, the reasonable costs incurred by the Contractor as the result of a change in the Designated Disposal Facility in accordance with Section 10.3. ln the event that the Designated Disposal Facility is no longer available for use by Contractor for any reason, the Parties shall meet and confer in good faith to amend this Agreement to designate a new Disposal Facility and Contractor shall be entitled to a rate adjustment to compensate it for any costs incurred as a result of using such new facility, in accordance with Section 10.3. c. Disposal Records. The Contractor shall keep and maintain such logs, records, or other documents related to disposal of Refuse as the City may reasonably deem to be necessary or appropriate to confirm compliance by the Contractor with this Article 6 and shall retain all weight slips or other call information provided to the Contractor's drivers by the Owner or operator of the Designated Disposal Facility.
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Failure to Transport to Designated Disposal Facility. The Contractor's failure to properly Transport, or cause to be Transported, Refuse as described in this Agreement is an Event of Default as described in Section 12.1(A) of this Agreement, unless the failure is the result of an Uncontrollable Circumstance or such waste has been diverted by means of alternative technology allowing diversion credit to the City under Applicable Law.
Section 6.2: Bin/Gate Fees
Notwithstanding anything to the contrary in this Agreement, Contractor shall collect all applicable Bin and/or disposal, processing, transfer, and other applicable fees and charges related to services provided to Customers. All such fees are a Pass-Through Cost.
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ARTICLE 7: OPERATING ASSETS
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A Obligation to Provide. The Contractor shall acquire and maintain at its own cost and expense, Operating Assets which in number, nature, and capacity shall be sufficient to enable the Contractor to provide the Collection Services in accordance with the terms hereof and such assets shall be subject to inspection by the City at any time.
B. Vehicle Specifications, Maintenance, and Appearance. All Vehicles shall be properly registered with the Department of Motor Vehicles of the State of California, shall be properly insured, shall be of a type approved by the City, shall be kept clean and in good repair. Vehicles used to Collect or Transport Solid Waste shall be kept covered at all times except when such material is actually being loaded or unloaded, or when the Vehicles are moving along a Collection route in the course of Collection. All Vehicles shall carry a broom, shovel, and operable fire extinguisher. All Vehicles must be made available for inspection upon reasonable notice by the City Contract Manager.
Section 7.2: Operation and Maintenance of the Operating Assets The Contractor, at its cost and expense, shall at all times: 1) operate the Operating Assets properly and in a safe, sound, and economical manner;21 maintain, preserve, and keep the Operating Assets in good repair, working order, and condition; 3) staffthe Operating Assets with the appropriate number of licensed employees consistent with good management practice; and, 4) make all necessary and proper repairs, replacements, and renewals, so that at all times the operation of the Operating Assets may be properly and advantageously conducted. The Contractor shall maintain the safety of the Operating Assets at a level consistent with Applicable Law.
Section 7.3: Containers
A. General Requirements. The Contractor shall supply the Containers for each Customer free of charge upon inception of Collection Services. After emptying any Container, the Contractor shall replace the Container in an upright position at the place where such Container was placed for Collection. The Contractor shall handle Containers in a manner so as to prevent damage or spillage, and shall not throw, drop, or otherwise mishandle Containers during or after emptying them. The Contractor shall repair or replace, at its own expense and within five (5) business days, any Container which is damaged by the Contractor and which is no longer serviceable (e.g., broken wheels, cracked lid, broken axle, cracked or leaking body, etc.)
Containers for Residential Customers. The Contractor shall supply all Containers required for the services provided under this Agreement. The Containers shall be sturdy and equipped with heavy-duty wheels and closeable lids. The Contractor shall maintain the Containers in good repair, shall bear the cost of normal wear and tear, and shall replace the The City of Tehachapi
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Containers as needed. The Contractor may charge a fee to Customers that have Containers that must be repaired or replaced due to other than normal wear and tear. lf repairs require removal of the Container from a Customer's Premises, the Contractor shall supply the Customer with a replacement Container or "loaner" Container. The Contractor shall, within seven (7) days, repair or replace Containers damaged or dilapidated by Customers. The Contractor shall promptly replace stolen Containers, provided that the Contractor shall only bear the cost of replacement of such Container the first time it is stolen; and, thereafter such cost of replacement shall be borne by the Customer.
Containers for Commercial Customers. The Contractor shall provide, as an Operating Asset the Containers required pursuant to Section 7.3 at its own cost and expense except as otherwise provided in this Agreement. The Contractor shall be responsible for the general maintenance and repair of Containers so provided, and shall provide an equivalent Container as replacement during repairs and maintenance. lf repairing, maintenance, steam cleaning, and/or repainting is required as a result of abuse, neglect, or misuse on the part of any Customer, the Contractor may charge the Customer a fee, to compensate for the cost thereof. The Contractor shall, within seven (7) days, repair or replace any stolen, damaged or dilapidated Container, provided that the Contractor shall only bear the cost of replacement of such Container the first time it is stolen and thereafter such cost of replacement shall be borne by the Customer.
Ownership of Containers. With respect to Carts for Discarded Materials provided by the Contractor to Customers in accordance with this Agreement, at the sole discretion of the City, the City may purchase the Carts upon expiration or early termination of this at a reasonable price as agreed upon by the City and Contractor. ln the event that the City desires to purchase said carts, the city shall notify contractor in writing.
Color and Labeling. All new Containers placed in service the Effective Date for all Customers shall comply with color and labeling requirements specified in 14 CCR Section 18984.7 and 14 CCR Section 18984.8 respectively. Nothing in this Section shall require Contractor to replace any functional Containers, including Containers purchased prior to the Effective Date, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January L,2036, whichever comes first.
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ARTICLE 8: GENERAL REQU!REMENTS
Section 8.1: Public Access to the Contractor
Office Hours. The Contractor's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily except Saturdays, Sundays, and Holidays. These hours may be altered with the approval of the City Contract Manager.
Emergency Telephone Number. The Contractor shall provide the City with an emergency telephone number for use by the City Contract Manager outside normal business hours.
The Contractor shall have a representative, or an answering service to contact such representative, available at the emergency telephone number during all hours other than normal office hours.
Section 8.2: Customer Service
A. Service Complaints. The City and Contractor shall maintain during office hours a complaint service and telephone answering system capable of receiving calls from Customers. The Party receiving the complaint shall record all complaints in a log, including date, complainant name and address, and nature and resolution of complaint. This log shall be available for inspection by either Party during regular office hours. For complaints received by the City that reasonably require Contractor to follow up with the Customer to resolve the complaint, the City shall provide to Contractor all records and documentation related to such complaint through its Civic Plus program or other mutually agreed upon communication system. Once received, Contractor shall provide a response to the City by the same method, within two (2) Business Days of Contractor's receipt of the records and documentation.
B Required Response to Complaints. The Contractor, within forty-eight (48) hours of its receipt of notice from a Customer or the City Contract Manager of a missed pick up as required by the terms of this Agreement, shall provide such service in a manner consistent with the requirements of this Agreement.
Section 8.3: Confidentiality
Confidentiality. Contractor acknowledges that City is legally obligated to comply with the California Public Records Act ("CPRA"). City acknowledges that Contractor may consider certain records, reports, or information contained therein, which Contractor is required to provide to or permit City to review under this Agreement, to be of a proprietary or confidential nature or may include intellectual property of Contractor, including, without The City of Tehachapi
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A. Office Facilities. The Contractor shall establish and maintain an office within the County through which the Contractor's representatives may be contacted, unless otherwise approved by the City Contract Manager.
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limitation, any confidential information, copyrighted material, proprietary information, trade secrets or trademark/service mark, as well as any and all such documents or reports containing such information (together, "Contractor's lntellectual Property"). ln such instances, Contractor will inform City in writing of which records which may container Contractor's lntellectual Property. At such time as City receives a request for records under the CPRA or Federal Freedom of lnformation Act or a subpoena or other court order requesting disclosure of the records, City shall notify Contractor of the request, subpoena or order and of City's obligation and intent to provide a response within ten (10) days.
Contractor shall within five (5) days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Contractor's sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records. Nothing in this Agreement shall require Contractor to provide any of Contractor's lntellectual Property to any third party under any circumstances. The City agrees to hold all documents and information reviewed by City pursuant to this Agreement as confidential and shall not disclose the same unless and to the extent disclosure is required pursuant to Applicable Law.
591 Section 8.4: Reporting
692 Contractor shall prepare the reports specified in Exhibit F. The Contractor shall maintain on file 693 at its business premises a list of all Collection Premises in the City, organized alphabetically or by 694 address, and the identification of all services each receives. This information shall be updated 695 and made available to City to review and Contractor's office in the County at no additional cost 696 to the City, along with Contractor's annual report (as required in Exhibit F), at any time upon 697 reasonable request of the City Contract Manager. Such request shall be made at reasonable times 698 and with reasonable notice. Customer-specific records are subject to inspection by the City 599 during regular business hours with reasonable advance notice. 700 Section 8.5: AB 939, AB 1826, and AB 341 Reporting
7Ol The Contractor shall provide on a quarterly basis all necessary reporting data requested by the 7O2 City relating to the City's compliance requirements pertaining to AB 939, AB L826, and AB 341 as 7O3 it affects the County's lntegrated Waste Management Plan and the City's SRRE. Such report shall 7o4 be provided to the City within thirty (30) days after the end of each calendar quarter. The 705 Contractor shall cooperate in activities requested by the City to measure diversion of Solid Waste 7OG from landfills including, but not limited to, providing a location for conducting waste sorting at 7O7 the Contractor's facility, and re-routing trucks on a temporary basis to facilitate composition 7o8 analysis. The Contractor shall also supply any other information readily available to Contractor 7O9 from records it is required to maintain under this Agreement that may be reasonably requested 77O by the City Contract Manager to meet State or Federal regulatory requirements as those 7LL requirements may be amended from time to time. ln the event the City requests additional 7L2 information or new or modified reporting, Contractor shall be entitled to a Rate adjustment in 7L3 accordance with Section 10.3 as a City requested change in scope.
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7L4 Section 8.6: SB 1383 Reporting
Within ninety (90) days after the end of each calendar year, Contractor shall provide an annual report to the City covering the most recently completed calendar year. Such report shall contain the following information :
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A. Contamination Monitoring Report. Contractor/s report shall include the following information regarding route reviews conducted by Contractor under this Agreement:
1. Documentation of route reviews conducted pursuant to f14 CCR Section 1898a.5(b) and 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of route reviews conducted; and,
2. Documentation of "desk" compliance reviews conducted by Contractor under Section
4.11(8), in accordance with 14 CCR Section 18995.1, and the number targeted education materials issued to Customers for Prohibited Container Contaminants; and,
3. Copies of all documentation related to route reviews and "desk" compliance reviews; and
4. Documentation of the number of containers where the contents were disposed due to observation of Prohibited Container Contaminants.
B. Compliance Report. Contractor's report under this Section shall include:
1. The total number of Customers receiving each type of Organic Waste collection services; and,
2. Copies of information provided to Customers related to the SB 1383 regulations, including the date that the information was distributed to Customers and the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3.
D. lmplementation Record. Contractor shall provide information and documentation needed for the City's implementation record related to its performance of this Agreement with respect to waivers and exemptions as required under 14 CCR Section 18984.14, as applicable.
74L Section 8.7: Personnel
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Employment Practices. The Contractor shall at all times maintain and follow employment practices in accordance with all state and federal laws and regulations, and shall indemnify the City for any legal proceeding in a court of competent jurisdiction relating to its noncompliance with such laws or regulations.
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Non-Discrimination. ln the performance of the terms of this Agreement, the Contractor agrees that it will not engage in nor permit such Subcontractors as it may employ to engage in discrimination against any employee or applicant for employment on the basis of race, sex, color, religion, ancestry, nationa! origin, marital status, age or as a qualified individual with a disability. This prohibition shall pertain to employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship, and any other action or inaction pertaining to employment matters.
Personnel. The Contractor shal! employ personnel sufficient in number, training, experience, and capability to ensure that the Collection Services required to be performed under this Agreement are properly carried out.
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The City has designated the City Contract Manager to be responsible for the monitoring and administration of this Agreement. Contractor shall meet and confer with the City Contract Manager to resolve differences of interpretation and implement and execute the requirements of this Agreement in an efficient and effective manner that is consistent with the stated objectives of this Agreement.
763 From time to time, the City Contract Manager may designate other agents at the City to work 764 with Contractor on specific matters. ln such cases, those individuals should be considered 765 designates of the City Contract Manager for those matters to which they have been engaged. 766 Such designates shall be afforded all of the rights and access granted thereto. ln the event of a 767 dispute between the City Contract Manager's designate and Contractor, the City Contract 768 Manager's determination shall be conclusive.
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ARTICLE 9: CITY FEES
Section 9.1: City Fees
Franchise Fees. Pursuant to the Municipal Code and in accordance with Section 9.3, in consideration of the rights provided Contractor herein, City shall deduct Franchise Fees equalto ten percent (LO%I of Gross Receipts received by the City for services billed by the City to Customers in accordance with Section 4.9(A). This fee may be adjusted by a City Council resolution. This fee shall be a Pass-Through Cost. 77L
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B Other Fees. The City shall reserve the right to set other fees as it deems necessary, subject to City Council approval. Any such fees shall be a Pass-Through Cost. The time and method of payment shall be consistent with those for the Administrative Fee, and the fee adjustment process shall be consistent with that specified in Section 9.2. 78O Section 9.2: Adjustment to Fees
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Pursuant to the Municipal Code, the City Council may adjust the fees established in this Article from time-to-time during the Term of this Agreement and such adjustments shall be included in the adjustment of Rates as described in Section 10.2 and Exhibit B. The City acknowledges that the Contractor shall be entitled to recover, through the Rates to be charged and authorized to be imposed hereunder, the reasonable costs of the Contractor incurred due to the adjustment in the fees.
787 Section 9.3: Payment Schedule and Late Fees
188 Within thirty (30) days of the end of each calendar month, during the Term of this Agreement 789 and including the final calendar month or portions thereof at the end of the Term of this 7gO Agreement, City shall remit to Contractor all Gross Receipts received by the City for services billed 7gt to Customers in accordance with Section a.9(A) less any Franchise Fees owed to City by 792 Contractor under Section 9.1. ln addition to the payments under this section, the City shall 793 provide Contractor with report detailing Gross Receipts received by the City for services billed to 794 Customers, calculation of the Franchise Fee, and a calculation of fees paid to Contractor, 7gs organized by line of business for the calendar month. The City shall also provide the Customer's 796 name, service address, owner information, phone number, and email address, to the extent 797 available to the City in such monthly report.
798 lf such remittance is not paid to Contractor on or before the thirtieth (30th) day following the end 7gg of a calendar month, all fees due shall be subject to a delinquency penalty of three percent (3%), 8OO which attaches on the first day of delinquency. The delinquency penalty shall be increased an 801 additional three percent (3o/ol and applied to both the original amount due as well as any 802 delinquency penalties previously applied for each additional month the payment remains 803 delinquent. For example, if the amount of the original fees owed equals one hundred thousand 804 dollars (S100,000) the initial delinquency amount applied on the first day of delinquency will be 805 three thousand dollars (S3,OOO1 bringing the total amount to one hundred three thousand dollars The City of Tehachapi
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806 (SfOf,OOOl. lf that amount becomes past due for an additional month, the additional delinquency 8O7 penalty shall be applied to the one hundred three thousand dollars (S103,000) therefore, the 808 new total amount due would be one hundred six thousand ninety dollars (SfOS,OSO1. 809
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Contractor may, at any time during the Term or within three years following the expiration or early termination of this Agreement, perform an audit of the City's billings and payment of fees.
The City shall fully cooperate with Contractor in any such audit.
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872 ARTICLE 10: CONTRACTOR'S COMPENSATION AND RATE SETTING 813 Section 10.1: General
The Contractor's compensation for performance of all its obligations under this Agreement shall be Gross Receipts. Contractor's compensation provided for in this Article shall be the full, entire and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, Processing and Disposal fees, fees due to the City, taxes, insurance, bonds, overhead, operations, profit, and all other things necessary to perform all the services required bythis Agreement in the manner and at the times prescribed. 8L4
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lf Contractor's actual costs, including fees due to the City, are more than Gross Receipts, Contractor shall not be compensated for the difference in actual costs and actual Gross Receipts. tf Contractor's actual costs, including fees due to the City, are less than the actual Gross Receipts, Contractor shall retain the difference.
824 Section 10.2: Rates and AnnualAdjustments
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General. The City shall be responsible for approving Rates as described in this Article. lf at any time during the Term of the Agreement, the Contractor determines the need for a Rate that does not appear in Exhibit C or the Customer requests a Special Service, Contractor use a rate or charge mutually agreed upon with the Customer. lf Contractor and a Customer are not able to agree on a rate Contractor may request the City Contract Manager to establish a rate or charge for such service, or may decline to provide such additional service or Special Service.
Rates for Rate Period One. The initial Rates attached hereto as Exhibit C were determined by Contractor and approved by the City resolution on or before the execution of this Agreement. The Rates for Rate Period One shall be effective from the Effective Date of this Agreement through June 30,2025.
Rates for Subsequent Rate Periods. Beginning on July L,2025 and annually thereafter, the Rates for subsequent Rate Periods shall be adjusted annually in accordance with this Section 10.2 and Exhibit B.
Rate Structure. The City and Contractor shall meet and confer to change the relationship of individual Rates in comparison with other Rates at the request of Contractor. Any such changes would occur in conjunction with the annual Rate adjustment process described in Section 10.2(C) or in conjunction with a Rate adjustment resulting from a special circumstances Rate adjustment in accordance with Section 10.3. Changes to the Rates charged under the new structure shall be calculated in such a way that the revised Rate structure generates at least the same amount of total revenue when the number of accounts at each Service Level are multiplied by the Rates charged for each Service Level and the total for all Service Levels are summed.
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Section 10.3: Specia! Circumstances Rate Adjustments
ln addition to the annual rate adjustment provided by Section 10.2, the rates set forth in Exhibit C shall, upon written request of Contractor, be further adjusted for increased costs associated with performance of the services under this Agreement due to any one or more of the following causes:
A. material changes in Contractor's costs resulting from Uncontrollable Circumstances; B. changes to Contractor's operations, obligations under this Agreement, the Franchise Fee, or other fees required, requested, or initiated by City, including, without limitation, City directed changes in scope under Section 4.8, additional or new reporting requirements, changes in service frequency, or any change in City's designation of a Facility utilized by Contractor under this Agreement;
C. City requests Contractor to provide any new services, or the City requests the Contractor to change the method of providing, or the technology used to provide, existing services under this Agreement;
D. increases or decreases in Disposal fees or in fees for the processing of Recyclable Materials or Organic Waste if such Recyclables Materials or Organic Waste are being processed at a third-party facility;
E. any Change in Law that occurs after the Effective Date, including, without limitation, additional costs imposed by or arising from such changes, such as additional diversion requirements;
F. new or increased taxes, fees, charges, or surcharges of any kind or nature applicable to the services provided under this Agreement imposed by a governmental entity (excluding income taxes); or
G. other extraordinary changes in operational costs outside of Contractor's reasonable control, including increased costs related to fuel, transportation, labor, and market conditions relating to Recyclable Materials and Recovered Organic Waste Products (including commodity values and Processing costs).
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875 Contractor shall provide reasonable documentation to support the adjustment. The City Contract 876 Manager shall review Contractor's request and, in the City Contract Manager's reasonable 877 judgment determine whether an adjustment to the rates shall be made subject to the 878 requirements of this Section. lf Contractor and City Contract Manager cannot agree, the matter 879 shall be submitted to the City Council for a determination of whether an adjustment to the rates 880 shall be made. Notwithstanding the foregoing, a requested adjustment may not be denied by 881 the City Contract Manager in the case of changed or additional services requested by the City, 882 any change in Disposal, Processing or Organic Waste facilities directed by the City or required 883 due to a facility closure or temporary unavailability outside of Contracto/s control, a Change in The City of Tehachapi
Amended and Restated Franchise Agreement
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884 law relating to Contractor or its Collection services, and changes in state or local government 885 fees, taxes, charges, or surcharges of any kind or nature applicable to the Services provided under 886 this Agreement.
887 Section 10.4: Publication of Rates
888 The Contractor shall provide written notice to Customers of proposed Rate changes on its 889 website for the City.
The City of Tehachapi
Amended and Restated Franchise Agreement
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ARTICLE 11: INDEMNITY, INSURANCE, AND PERFORMANCE BOND
Section 11. 1: Indemnification
General. Contractor shall indemnify, defend, and hold harmless (to the full extent permitted by law) City and its officers, officials, employees, volunteers, and agents from and against any and all claims, liability, loss, injuries, damage, expense, and costs (including without limitation costs and fees of litigation, including attorneys' and expert witness fees) (collectively, "Damages") arising out of or in connection with Contractor's performance under this Agreement, except to the extent such loss or damage was caused by the negligence or willful misconduct of the City. With respect to any indemnity rights under this Agreement, City shall provide Contractor with reasonable notice of any claim, demand, action or suit, of any and every kind and description for which City seeks indemnification under this Agreement. City will provide Contractor with reasonable cooperation in connection with the defense of any Claims and may participate in the defense at its own expense. This provision will survive the expiration or earlier termination of this Agreement and shall not be construed as a waiver of rights by the City to contribution or indemnity from third parties.
Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or Dispose of any Excluded Waste except in compliance with allApplicable Laws.
ln the event that Contractor negligently or willfully mishandles Excluded Waste in the course of carrying out its activities under this Agreement that results in environmental contamination, Contractor shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such environmental contamination. Should Contractor fail at any time to promptly take such action, the City may undertake such action at Contractor's sole cost and expense, and Contractor shall reimburse the City for all such reasonable expenses incurred by the City within thirty (30) calendar days of being billed for those expenses, and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the delinquent fee payment provision of Section 9.3. These obligations are in addition to any defense and indemnity obligations that Contractor may have under this Agreement. The provisions of this Section shall survive the termination or expiration of this Agreement.
Notwithstanding the foregoing, Contractor's duties under this subsection shall not extend to any claims arising from the Disposal of Refuse at the Designated Disposal Facility, including, but not limited to, claims arising under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of Contractor's negligence or willful misconduct.
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927 C. Environmental lndemnity. Contractor shall defend, indemnify, and hold the City The City of Tehachapi
Amended and Restated Franchise Agreement
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harmless against and from any and all claims, suits, losses, penalties, damages, and liability for damages of every name, kind and description, including attorneys' fees and costs incurred, attributable to the negligence or willful misconduct of Contractor in handling Excluded Waste. Nothing in the foregoing shall preclude Contractor from any claims or actions it may have under Applicable Law against the Generator of the Excluded Waste.
Related to AB 939 & AB 341. To the extent permitted by Applicable Law, including Public Resources Code Section 40059.1, Contractor's duty to defend and indemnify herein includes all fines and/or penalties imposed by CalRecycle on the City related to failures to comply with the requirements of AB 939 and/or AB 341 and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreemen! or, (ii) due to Contractor delays in providing information that prevents Contractor or the City from submitting reports to regulators in a timely manner. Notwithstanding the foregoing, Contractor shall not be required to defend or indemnify City for fines and/or penalties imposed by CalRecycle under this Section to the extent Contractor's performance was excused in accordance with Section 12.3.
Related to Proposition 218. Should there be a Change in Law, including, but not limited to, Article Xlll C and D of the California Constitution (Commonly Proposition 218), which impacts the Rates for the Collection Services established in accordance with this Agreement, Contractor agrees to meet and confer with the City to discuss the impact of such Change in Law on either Party's ability to perform under this Agreement. lf, at any time, a Rate adjustment determined to be appropriate by both the City (which determination shall not be unreasonably withheld) and Contractor to compensate Contractor for increases in costs as described in this Agreement cannot be implemented for any reason, Contractor shall be granted the option to negotiate with the City, in good faith, a reduction of services equal to the value of the Rate adjustment that cannot be implemented. lf the City and Contractor are unable to reach agreement on such a reduction in services, then Contractor may terminate this Agreement upon one hundred eighty (180) calendar days prior written notice to the City, in which case the Contractor and the City shall each be entitled to payment of amounts due for contract performance through the date of termination.
Should a court of competent jurisdiction determine that the Contractor cannot charge and/or increase its Rates for charges related to any new or increased Franchise Fees and Governmental Fees and charges, Contractor shall reduce the Rates it charges Customers a corresponding amount and shall discontinue payment of any new or increased Franchise Fee, Governmental Fees, and/or charges which have been invalidated by the court.
Nothing herein is intended to imply that California Constitution, Articles XlllC or XlllD, apply to the Rates established for services provided under this Agreemen| rather this Section is provided merely to allocate risk of an adverse judicial interpretation between The City of Tehachapi
Amended and Restated Franchise Agreement
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the Parties
This provision (i.e., Section 11.1) will survive the expiration or earlier termination of this Agreement and shall not be construed as a waiver of rights by the City to contribution or indemnity from third parties.
Said policies shall remain in force through the life of this Agreement and, with the exception of Pollution Legal Liability coverage, shall be payable on a "per occurrence" basis unless the City's Risk Manager specifically consents in writing to a "claims made" basis. For all "claims made" coverage, in the event that the Contractor changes insurance carriers Contractor shall purchase "tail" coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than three (3) years thereafter. Proof of such "tail" or other continuous coverage shall be required at any time that the Contractor changes to a new carrier prior to receipt of any payments due.
The City of Tehachapi
Amended and Restated Franchise Agreement
972 Section 11.2: lnsurance
General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times during the Term of this Agreement not less than the following coverage and limits of insurance:
A. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times maintain, at its expense, the following coverages and requirements. The comprehensive general liability insurance shall include broad form property damage insurance.
1. lnsurance coverage shall be with limits not less than the following:
Comprehensive General Liability - 52,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage.
Automobile Liability - 52,000,000 combined single limit per accident for bodily injury and property damage (include coverage for hired and non-owned Vehicles).
Workers' Compensation Statutory Limits/Employers' tiability S1,000,000/accident for bodily injury or disease.
Pollution Legal Liability - $1,000,000 per incident and S2,OOO,OOO aggregate for bodily injury, property damage, and remediation of contaminated site.
The City, its officers, agents, employees, and volunteers shall be named as additional insured on all but the workers' compensation coverages. Contractor may comply with this requirement by including blanket additional insured endorsements in its insurance policies.
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The Contractor shall declare all aggregate limits on the coverage before commencing performance of this Agreement, and the City's Risk Manager reserves the right to require higher aggregate limits to ensure that the coverage limits required for this Agreement as set forth above are available throughout the performance of this Agreement.
The deductibles or self-insured retentions are for the account of Contractor and shall be the sole responsibility of the Contractor.
lnsurance is to be placed with insurers with a current A.M. Best's rating of no less than A-Vll, unless otherwise approved by the City Risk Manager.
The policies shall cover all activities of Contractor, its officers, employees, agents and volunteers arising out of or in connection with this Agreement.
For any claims relating to this Agreement, the Contractor's insurance coverage shall be primary, including as respects the City, its officers, agents, employees, and volunteers. Any insurance maintained by the City shall apply in excess of, and not contribute with, insurance provided by Contractor's liability insurance policy. 9 The Contractor shall waive all rights of subrogation against the City, its officers, employees, agents, and volunteers related to the performance of services under this Agreement.
Endorsements. Prior to the effective date pursuant to this Agreement, Contractor shall furnish the City Contract Manager with certificates of insurance reflecting coverage required by this Agreement. The certificates are to be signed by a Person authorized by that insurer to bind coverage on its behalf. All certificates are to be received by, and are subject to the approval of, the City Risk Manager before work commences.
Renewals. During the Term of this Agreement, Contractor shall furnish the City Contract Manager with certificates reflecting renewals, changes in insurance companies, and any other documents reflecting the maintenance of the required coverage throughout the entire Term of this Agreement. The certificates are to be signed by a Person authorized by that insurer to bind coverage on its behalf.
Workers' Compensation. Contractor shall provide workers' compensation coverage as required by State law, and prior to the effective date pursuant to this Agreement, Contractor shall file the following statement with the City. "l am aware of the provisions of Paragraph 3700 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing any services required by this Agreement.
The Person executing this Certificate on behalf of Contractor affirmatively represents that 36- The City ofTehachapi
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she/he has the requisite legal authority to do so on behalf of Contractor, and both the Person executing this Agreement on behalf of Contractor and Contractor understand that the City is relying on this representation in entering into this Agreement." The City of Tehachapi
Amended and Restated Franchise Agreement
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1041 ARTICLE 12: DEFAULT, REMEDIES AND TERMINATION
LO42 Section 12.1: Default and Remedies
1043 A. Events of Default. Each of the following shall constitute an Event of Default:
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1 Any assignment of this Agreement, without any requirement of notice or cure opportunity, attempted or completed, not complying with the requirements of Section 14.7 hereof.
Any criminal conviction or plea bargain related to criminal charges brought against Contractor, its officers, managers, or employees related directly or indirectly to performance of this Agreement or any other agreement held with the City.
Failure or refusal of the Contractor to perform any term, covenant, obligation or condition in this Agreement, other than a failure or refusal described in items (1) or (2) above, except that no such failure or refusal shall give the City the right to terminate this Agreement under this Section unless:
(i) The City has given prior written notice to the Contractor, stating the existence of a specific failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Contractor and which will, in the City's opinion, give the City a right to terminate this Agreement for cause under this Section unless such default is corrected within a reasonable time, and
(ii) The Contractor has neither challenged in an appropriate forum the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or developed an action plan for correcting such breach or refusal to perform, to be approved by the City Contract Manager, within a fifteen (15) day period from receipt of the notice given pursuant this section; provided that if the Contractor submitted to City an action plan to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Contractor remains in compliance with the action plan and continues to take such steps to correct such default in a reasonably timely manner).
The written admission by the Contractor that it is bankrupt, or the filing by the Contractor of a voluntary petition under the Federal Bankruptcy Code, or the consent by the Contractor to the appointment by a court of a receiver or trustee for all or a substantial portion of its property or business, or the making by the Contractor of any arrangement with or for the benefit of its creditors involving an assignment to a trustee, receiver or similar fiduciary, regardless of how designated, of all or a substantial portion of the Contractor's property or business.
The City of Tehachapi
Amended and Restated Franchise Agreement
2 4.
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The final adjudication of the Contractor as bankrupt after the filing of an involuntary petition under the Bankruptcy Act, but no such adjudication shall be regarded as final unless and until the same is no longer being contested by the Contractor nor until the order of the adjudication is no longer appealable.
Any failure by the Contractor to comply with Applicable Law, including the Municipal Code, following the specified notice and opportunity to cure.
Failure of the Contractor to timely implement the operational changes and adjusted Rates that have been agreed upon in writing by City and Contractor resulting from the Change in Law or City-directed change in scope. The Contractor shall have thirty (30) days or such other reasonable time as the parties may agree after notice of breach from the City to implement the operational changes. Should the Contractor thereafter not implement the operational changes it shall be in default of the Agreement. ln addition to being liable for all damages to the City resulting from such default, the City may terminate the Agreement in accordance with Section 12.1(B).
B. Right to Terminate Upon Default. Upon a determination by the City Contract Manager that an Event of Default has occurred (subject to all opportunities to cure in accordance with Section 12.1(A)), the City Council shall conduct a hearing upon at twenty (20) days' advance written notice to the Contractorto determine if termination of the Agreement is in the best interests of the public health, safety, and general welfare of the citizens of the City. lf the fact finder makes such a determination, the Contractor shall be deemed to have waived any right it may have under Applicable Law to notice of termination in excess of those notice provisions explicitly set forth herein.
C. Remedies Cumulative: Specific Performance. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise. Notwithstanding the foregoing or anything to the contrary in this Agreement, the parties intend that the City's right to terminate this Agreement shall be the City's exclusive remedy for an Event of Default under this Section 12.1. 1105 Section12.2:UncontrollableCircumstances
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8. A. Excuse from Performance. ln the event that a Party is prevented from performing its obligations under this Agreement by an Uncontrollable Circumstance, it shall not constitute a default of this Agreement, so long as the Party in good faith has used its best efforts to perform its respective obligations.
The Party claiming excuse from performance shall, within five (5) days after such Party has notice of the effect of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. Specifically, such information shall include the following:
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2 The Uncontrollable Circumstance and the cause thereof (to the extent known); The date the Uncontrollable Circumstance began (to the extent known), its estimated duration (to the extent known), and the estimated time during which the performance of such Party's obligations hereunder will be delayed;
Its estimated impact on the other obligations of such Party under this Agreement, if any; and
Potential mitigating actions which might be taken by the Contractor or City and the approximate amount of such mitigating actions.
While the Uncontrollable Circumstance continues, the Contractor or City shall give notice to the other Party updating the information previously submitted as reasonable. ln the event that either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby.
City's Right to Terminate. The partial or complete interruption or discontinuance of the Contractor's services caused by one (1) or more of the events described in this Section 12.3 shall not constitute a default by the Contractor under this Agreement. 1119
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C. Work Stoppages. Notwithstanding anything in this Agreement to the contrary, any strikes, work stoppages, or other labor disputes or disturbances occurring with respect to an activity performed or to be performed by the Contractor or any of the Contractor's Subcontractors in connection with the Operating Assets or the Collection Services and which last beyond seven (7) days shall not constitute an Event of Default under Section
12.1(A).
However, in the event of such occurrence which prevents or diminishes the ability of Contractor to Collect, Transport and Dispose of any or all the Solid Waste which it is obligated under this Agreement to Collect, Transport or Dispose of for a period of more than seventy-two (72) hours and the City Contract Manager, in his or her discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, upon twenty-four (24) hours notice to Contractor, contract with any other third parties to Collect and Transport any and all Solid Waste which Contractor would otherwise be obligated to Collect and Transport pursuant to this Agreement until such time as Contractor is able to resume performance of its obligations under this Agreement. Contractor agrees that in such event, it will fully cooperate with City and its third-party contractor to affect such transfer of operations in as smooth and efficient a fashion as is practicable. All costs, fees, rates or other expenses incurred by City that exceed those that would have been incurred by City had no such work stoppage arisen shall be the responsibility of the Contractor and shall be paid to City within thirty (30) days of receipt of written notice to pay.
The City of Tehachapi
Amended and Restated Franchise Agreement
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1158 A. Contractor appears, in the reasonable judgment of the City, to be unable to regularly pay 1159 its bills as they become due; or,
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lf the City believes in good faith thatthe Contractor's abilityto perform underthe Agreement has been placed in substantialjeopardy by one (1) of the events enumerated below, the City Contract Manager may, at his option and in addition to all other remedies the City may have, require that Contractor provide City Contract Manager with sufficient proof that none of the events enumerated below will in fact impair Contractor from performing its obligations under the Agreement:
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Contractor is the subject of a civil or criminaljudgment or order entered by a federal, state, regional, or local agency for violation of an environmental law.
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lf the Contractor fails or refuses to provide to the City reasonably adequate information to establish its ability to perform within thirty (30) days, such failure or refusal shall be an Event of Default for purposes of Section 12.1(AX4).
The City of Tehachapi
Amended and Restated Franchise Agreement
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ARTICLE 13: RESOLUTION OF DISPUTES
Should a dispute arise with respect to the performance and obligations of the Parties hereunder, at any time during the Term of this Agreement, the provisions of this Article shall apply. Either Party shall give the other written notice of such dispute. Such notice shall specify a date and location for the Parties to meet and confer in good faith to resolve any dispute that may arise. ln the event such dispute cannot be resolved by the Parties themselves within thirty (30) days of such notice, either Party may propose the appointment of a mediator. lf the other Party agrees to the choice of a mediator, the Parties may refer the matter in dispute to such mediator for advice and non-binding mediation. lf the parties cannot agree to a mediator, or if the mediator chosen by the parties is unable, within 30 days thereafter, to reach a determination as to the matter in dispute in a manner acceptable to the Parties hereto, the matter may be referred by either Party to a court of competent jurisdiction. ln the event that the dispute relates to a valid Customer complaint that is not resolved by Contractor, the City may withhold payment of fees owed to Contractor and collected by the City related to the service giving rise to such complaint until the complaint is resolved by Contractor, but under no circumstances for a period not to exceed thirty (30) days. lf the Parties are not able to resolve the dispute related to such Customer complaint in such thirty (30) day period, the City shall release such payment to Contractor and may propose the appointment of a mediator in accordance with this Section.
The City of Tehachapi
Amended and Restated Franchise Agreement
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ARTICLE 14: MISCELTANEOUS PROVISIONS
Section 14.1: Relationship of the Parties
Neither Party to this Agreement shall have any responsibility whatsoever with respect to services provided, contract obligations, or liabilities assumed by the other Party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The Contractor is an independent contractor and nothing in this Agreement shall be deemed to constitute either Party a partner, agent or legal representative of the other Partyorto create anyfiduciary relationship between the Parties.
Section 14.2: Notice to Parties
All notices required or provided for in this Agreement shall be provided to the Parties at the following addresses, by personal delivery or deposit in the U.S. Mail, postage prepaid, registered or certified mail, addressed as specified below. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five (5) days after deposit. A Party may change the address to which notice is given by giving notice as provided herein.
To City:
City of Tehachapi
Attn: City Manager
115 S. Robinson St.
Tehachapi, CA 93551
To Contractor:
USA Waste of California, lnc
9081 Tujunga Avenue
Sun Valley, California 9L352
With a copy to:
USA Waste of California, lnc.
Attn: Asst. General Counsel
9081 Tujunga Avenue
Sun Valley, California 91352
akhaieto@ wm.com
A-1
Section 14.3: Actions of the City in its Governmental Capacity Nothing in this Agreement shal! be interpreted as limiting the rights and obligations of the City in its governmenta! or regulatory capacity, or as limiting the right of the Contractor to bring any legal action against the City, not based on this Agreement, arising out of any act or omission of the City in its governmental or regulatory capacity.
Section 14.4: Binding Effect
This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions hereof.
Section 14.5: Amendments
Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly executed by both Parties.
Section 14.6: Further Assurance; Parties to Act in a Reasonable Manner Each Party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. The Parties agree to act reasonably in exercising any action, discretion, judgment, approval or extension of time that may be required to affect the purpose and intent of this Agreement.
Whenever the approval or consent of a Party is required under this Agreement such consent shall not be unreasonably withheld or delayed.
Section 14.7: Assignment and Transfer of Agreement
Consent of the City Required. This Agreement shall not be transferred, sold, pledged, hypothecated, leased, or assigned, nor shall any of the rights or privileges herein be transferred, sold, pledged, hypothecated, leased, or assigned (each an "Assignment" and to "Assign"), either in whole or in part, nor shall title hereto or thereto, either legal or equitable, or any right, interest or property herein or therein, pass to or vest in any Person, except the Contractor, either by action or inaction of the Contractor, or by operation of law, without the prior written consent of the City, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Contractor may Assign this Agreement and any of the rights or privileges herein to an Affiliate of Contractor without the prior written consent of the City.
Except with respect to an Assignment to an Affiliate, Contractor shall provide written notice of any request to Assign this Agreement, and shall provide the City with any information requested by the City in connection with the proposed transfer, including but not limited to information regarding the general business qualifications of the proposed assignee, as well as its ability to perform the Collection Services and a statement of its financial resources.
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The City shall respond to any such request within ninety (90) days after receipt of any information requested by the City pursuant to the preceding sentence. The Contractor acknowledges that, prior to approving such an Assignment, the City must find that such a transfer is in the best interests of the public health, safety, and general welfare. Any attempt by the Contractor to effectuate any of the foregoing without such consent of the City, as applicable, shall be null and void, and any effectuation of any of the foregoing without such consent of the City shall constitute an Event of Default resulting in the immediate termination of this Agreement as provided in Section 12.1(A) hereof.
Transfer of Voting Stock. The City's prior written consent, which shall not be unreasonably withheld or delayed, shall be required for the sale or transfer by any means, whether by agreement or by operation of law (including transfers resulting from death, bankruptcy or divorce), of any of the voting stock of the Contractor. Notwithstanding the above, any such transaction between Contractor and an Affiliate shall not be considered an assignment or transfer for purposes of this Section L4J, and the City's consent to such transaction is not required.
c Reimbursement of Cost Related to Assignment Review. lf the Contractor requests the consent of the City for any transaction described in Section 14.7 hereof (except for those Assignments between Contractor and an Affiliate), the proposed assignee, as a condition of Assignment, shall reimburse the City for all costs and expenses incurred by the City in reviewing, examining, and analyzing the request, including all direct and indirect administrative expenses of the City and consultants and attorney's fees and expenses.
Along with its written request for the review of the Assignment, Contractor shall remit to City an assignment review fee in the amount of one hundred thousand dollars (5100,000) which shall be intended to compensate the City for the costs of its review of the requested Assignment. Such fee shall not be refundable to the Contractor in the event that the City determines, in its sole discretion, that the proposed Assignment is unacceptable. ln the event that the City's total costs for the review of the Assignment exceed one hundred thousand dollars (5100,000) the assignee shall compensate the City for its actual and reasonable costs within thirty (30) days of receiving the City's invoice. Such costs shall be supported with evidence of the expense or cost incurred.
Section 14.8: lnterpretation
ln this Agreement, unless the context othenarise requires:
A. References Hereto. The terms "hereby," "hereof," "herein," hereunder," and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the date of execution of this Agreement.
Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders, and words importing the singular number mean and include the plural number and vice versa.
B.
A-3
E
F
c. Persons. Words importing Persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations, non-profit corporations, and other legal entitles, including Governmental Bodies, as well as individuals.
D. Headings. The table of contents and any headings preceding the text of the articles, sections, and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect.
Entire AgreemenU Successors and Assigns. This Agreement, including its exhibits hereto, contains the entire agreement between the Parties hereto with respect to the transactions contemplated by this Agreement. Furthermore, nothing in this Agreement is intended to confer on any Person other than the Parties hereto and their respective successors and assigns hereunder any rights or remedies under or by reason of this Agreement.
Reference to Days. All references to days herein are to calendar days, including Saturdays, Sundays, and holidays, except as otherwise specifically provided.
G. Units of Measure. Weights or volumes described herein may be reported in either metric or U.S. Standard terms of measurement, unless State or Federal law or regulation specifies the system of measurement to be used.
H. Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.
Applicable Law. This Agreement shall be governed by and construed in accordance with Applicable Law. This Agreement is intended to be fully consistent with the requirements of the Municipal Code and any subsequent amendments thereto. ln the event there is an inconsistency or conflict between this Agreement and the Municipal Code, this Agreement is controlling and shall substitute for the inconsistent provision.
J Severability. lf any clause, provision, subsection, section, or article of this Agreement shal! be determined to be invalid by any court of competent jurisdiction, then the Parties hereto shall:
Promptly meet and negotiate a substitute for such clause, provision, section, or article which shall, to the greatest extent legally permissible, effect the intent of the Parties therein.
lf necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement.
Negotiate such changes in, substitutions for or additions to, the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items 1 2
3. A-4
t.
(1) and (2) above, to effect the intent of the Parties in the invalid provision. The invalidity of such clause, provision, subsection, section, or article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist.
Section 14.9: Governing Law; Jurisdiction
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California without reference to its conflicts of laws principles. Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of Kern County in the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Kern County.
Section 14.10: Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement between the Parties with respect to the matters covered herein. Each of the Exhibits identified as Exhibits A through E is attached hereto and incorporated herein and made a part hereof by this reference. lN WITNESS WHEREOF, the Parties have executed this Agreement on the dates stated below:
Dated: ,2024 Dated: 2024.
City of Tehachapi USA Waste of California, lnc.
By: By:
Greg Garrett, City Manager Mike Hammer
President - Southern California Area
Attest:
By:
Tori Marsh, City Clerk
Dated: 2024
Approved as to Form
By
Thomas F. Schroeter, City Attorney
A-5
EXHIBIT A
DEFINIT!ONS
For purposes of this Agreement, unless a different meaning is clearly required, the following words and phrases shall have the following meanings respectively ascribed to them by this Exhibit and shall be capitalized throughout this Agreement:
"AB L826" means Chapter L2.O of Part 3 of Division 30 of the Public Resources Code (Sections 42649.8 through 42649.861, as it may be amended from time to time. "AB 34L" means the California Jobs and Recycling Act of ZOIL (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 34L", as amended, supplemented, superseded, and replaced from time to time.
"AB 939u means the California lntegrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred. to as "AB 939," as amended, supplemented, superseded, and replaced from time to time. "Affiliate(sf" means any person, corporation or other entity directly or indirectly controlling or controlled by another person, corporation or other entity, or under direct or indirect common management or control with such person, corporation or other entity. As between any two (2) or more persons or entities, when 10 percent of one is owned, managed, or controlled by another, they are hereunder Affiliates of one another.
"Agreement" means this Solid Waste Management Agreement between the City and the Contractor.
"Annual Percentage Change" means the average of the percentage monthly changes in the value of an index for the 12-month period ending April of the then-current Rate Period minus the average of the percentage monthly changes in the index value for the 12-month period ending December of the most-recently completed Rate Period. The Annual Percentage Change shall be rounded to the nearest thousandth (1,0001h).
For example, if the Contractor is preparing its Rate application for Rates to be effective for Rate Period 2, the Annual Percentage Change in CPI shall be calculated as follows: [(Average CPI for May 2024 through April 2025)
-
(Average CPI for May 2023 through April2124ll / (Average CPI for May 2023 through April 2024l..
"Applicable Law" means any law, rule, regulation, requirement, guideline, permit, action, determination, or order of any Governmental Body having jurisdiction, applicable from time to time to the Collection Services; the Operating Assets; the siting, design, acquisition, permitting, construction, equipping, financing, Ownership, possession, shakedown, testing, operation, or maintenance of any of the Operating Assets; or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, governmental protection, accommodation of the disabled, labor relations, mitigation monitoring plans, building A-6
codes, non-discrimination and the payment of minimum wages, the payment of per-ton charges on solid waste facilities imposed by a governmental entity other than the City, and further including the Kern County Code and the County lntegrated Waste Management Plan and the City's SRRE).
"Approved Organic Waste Processing Facility'' means the Mt Vernon Ave Recycling & Composting Facility located at 2601 South Mt Vernon Avenue, Bakersfield, CA, or other facility authorized in writing by the City Contractor Manager.
"Approved Recyclable Materials Processing Facility'' means the Sun Valley Recycling Park located at9227 Tujunga Avenue, Sun Valley, CA, the Azusa Recycling Facility and Transfer Station located at LZLL W Gladstone Street, Azusa, CA, or other facility authorized in writing by the City Contract Manager.
"Bureau of Labor Statistics (BlSf' shall mean the U.S. Department of Labor, Bureau of Labor Statistics or its successor agency.
"Bin" means a Container with capacity of approximately one (1) to six (5) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading collection Vehicle.
"Business Days" mean days during which the City offices are open to do business with the public. "CalRecycle" means the Department of Resources Recycling and Recovery, and any Governmental Body which succeeds to its duties and powers under Applicable Law. "Cart" means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi-automated Collection vehicle. A Cart has an approximate capacity of 32,64, or 95 gallons (or similar volumes), and any reference to volume in this Agreement is an approximation. "Change in Law" means any of the following events or conditions which effects the performance by the Contractor of its obligations under this Agreement:
. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation on or after the Agreement Date of any Applicable Law; or
. The order, judicial interpretation, or judgment of any Governmental Body. to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in Law provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.
A-7
"City Contract Manage/' means the City Manager or their designated representative who is responsible for the administrative management of this Agreement. "City Fees" shall mean those fees described in Article 9 of this Agreement. "Collect" or "Collection" (or any variation thereof) means the act of collecting Solid Waste and Recyclable Materials at the place of generation in the City of Tehachapi. "Collection Premises" means the Residential Premises, Commercial Premises, or both for which the Contractor is authorized to provide Collection Services. "Collection Services" means allof the duties and obligations of the Contractor hereunder "Commercial" shall mean of, from or pertaining to Non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property, which are permitted under applicable zoning regulations and are not the primary use of the property. For the purposes of this Agreement, Commercial also includes Multiple-Unit Dwellings with five (5) or more units.
"Compacto/' means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2)to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection Vehicles. "Consumer Price lndex (CPly'shall mean the All Urban Consumers (CP|-U) compiled and published by the BLS, using the following parameters:
Area - U.S. city average
Item - Water and sewer and trash collection services
Base Period - DECEMBER 1997=100
Not seasonally adjusted
Periodicity - Monthly
Series ldentification Number - CUUR0000SEHG
"Container(s)" mean Bins, Carts, and Compactors.
"County'' means the County of Kern, California, a political subdivision of the State, acting through its Board of Supervisors.
"Custome/' means Person who subscribes for service with Contractor. "Customer Type" means the Customer's sector category including, but not limited to, Residential, Commercial and City Facilities.
a
a
a
a
a
a
A-8
"Designated Collection Location" refers to the location, at each Collection Premises where Containers of Solid Waste are customarily placed for collection. "Designated Disposal Facility'' means the Tehachapi Landfill located at 12001 East Tehachapi Blvd., Tehachapi, California 93551 or other permitted disposal facility authorized in writing by the City Contract Manager.
"Dispose" or "Disposal" (or any variation thereof) means the final disposition of Refuse at a Disposalsite.
"Electronic Waste (E-Waste)" means discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste or components thereof may be Hazardous Waste and thus require special handling, Processing, or Disposal. "Emergenry Services" means Solid Waste Collection Services, other than those specified under this grant of Agreement, provided during or as a result of an emergency which threatens the public health or safety, as determined by the City Contract Manager. "Event of Default" means only the events described in Section 12.1 "Excluded Waste" means Hazardous Waste, Medical Waste, lnfectious Waste, U-Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class lll landfills, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment," cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Franchise Fee" means the fee paid by Contractor to the City in accordance with Section 9.1 "Governmental Body'' means any federal, state, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. "Governmental Fee" shall mean any fee, charge, or surcharge imposed by a governmental entity other than the City including without limitation the State, County, or Local Enforcement Agency. "Green Waste" means shrubbery, tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips, untreated wood and other household garden waste associated with landscaping A-9
generated from Accounts and are no longer useful or wanted. Yucca leaves, palm fronds, tree stumps and tree roots are not considered Green Waste, and shall be treated as Refuse for the purposes of this Agreement. Green Waste is a subset of Organic Waste and shall not include Excluded Waste.
"Gross Receipts" shall mean total cash receipts actually collected from Customers by Contractor or the City, as appliable under this Agreement, for the provision of services pursuant to this Agreement, without any deductions. Excluded from Contractor's "Gross Receipts" is amounts received from Organic Waste disposal and processing charges, revenue from the sale of Recovered Organic Waste products or Recyclable Materials, and special fees charged by Contractor intended to reimburse Contractor from costs arising from improper actions by Customers (e.g. late fees), fees paid by Contractorto the City, and City administration and billing fees.
"Hazardous Waste" means waste defined as hazardous by Health and Safety Code Section 25Lt7 , including: (1) a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or (b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed; l2l a waste which meets any of the criteria for the identification of a hazardous waste adopted by the California Environmental Protection Agency's Division of Toxic Substances Control pursuant to Health and Safety Code Sectton 25L4L; (3) any chemical, pollutant, contaminant, hazardous or toxic substance, constituent or material that under Applicable Law is considered to be hazardous or toxic or is or may be required to be remediated, including, without limitation, (a) any petroleum or petroleum products and their derivatives, radioactive materials, asbestos in any form that is or could become friable, transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls and processes and certain cooling systems that use chlorofluorocarbons, or (b) any chemicals, materials or substances which are now or hereafter become defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," or any words of similar import pursuant to Applicable Law. "Household Hazardous Waste" means waste materials meeting the requirements of 14 CCR Section 18502(12)that are generated in small or de minimis quantities at Residential Premises. "lnfectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dentaloffices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 257L7.5, as may be amended from time to time.
"MedicalWaste" means waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).
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"Multiple-Unit Dwellingl' means any building in the City, other than a Single-Unit Dwelling, lawfully occupied for human shelter.
"Multi-Family'' means any Multiple-Unit Dwelling with five or more dwelling units and/or refers to programs serving the Customers living in such properties. "Municipal Code" means the City's Codified Ordinances, as the same may be amended, supplemented, or modified from time to time.
"Non-Residential Premises" means those parcels of real property not classified under the use codes listed in the Kern County Waste Management Department's Schedule of Solid Waste Management Program Service Charges for Residential Property, and made a part hereof, as amended by the County from time to time.
"Non-Residential Waste" means Solid Waste generated, produced, or discarded by or at NonResidential Premises. "Operating Assets" means all real and personal property of all kind, which is owned, leased, managed, or operated by or under contract to the Contractor for providing the Collection Services, including without limitation the Containers, Vehicles, Transfer stations, maintenance and storage facilities, administrative facilities, and other equipment, machinery, parts, supplies and tools.
"Organic Waste" means material originating from living organisms and their metabolic waste products, including but not limited to nonhazardous or untreated wood waste, paper, organic textiles, biosolids, digestate and sludges, Food Waste, and Green Waste that are accepted for processing by the Approved Organic Waste Processing Facility utilized by Contractor under this Agreement. Organic Waste does not include Excluded Waste. For purposes of this agreement, textiles shall be treated as Refuse, and Printing and Writing Paper and Paper Products (each as defined in 14 CCR Section 18982(a)) shall be treated as Recyclables. "Owne/' means the person holding the legal title or having a right to possession of the real property constituting the Collection Premises to which Discarded Material Collection Service is provided or required to be provided hereunder.
"Overage" means excess Refuse, Organic Waste, or Recyclable Materials placed in or around a Container, including: (i) material that causes the lid on the Container to be open; (ii) material that is placed on top of the Container; (iii) material placed around the Container either in bags or uncontainerized; or (iv) material that causes the Container to exceed the weight limit for such Container.
"Pass-Through Cost" means those City Fees; tipping fees charges, and/or surcharges; disposal, processing, andf or transfer fees, charges, or surcharges; Governmental Fees; and other charges or surcharges that Contractor shall pass-through to Customers in accordance with the rate adjustment methodology described in Exhibit B.
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"Person(s)" means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.
"Premises" means any land or building in the City where Solid Waste is generated or accumulated.
"Process" or "Processingl' means the reduction, separation, recovery, conversion, or recycling of Solid Waste.
"Processing Facility'' refers to any facility that receives, stores and Processes Recyclable Materials, or Organic Waste.
"Prohibited Container Contaminants" means the following: (i) materials placed in a Recyclable Material Container that are not identified as acceptable Recyclables Material; (ii) materials placed in a Organic Waste Container that are not identified as acceptable Organic Waste; (iii) materials placed in a Refuse Container that not identified as acceptable Refuse or are acceptable Recyclable Material and/or Organic Waste; and (iv) Excluded Waste placed in any Container. For purposes of this Agreement, "contamination" or "contaminated" refers to the presence of Prohibited Container Contaminants.
"Rate" means the amount, expressed as a dollar unit, approved by the City that the Contractor may charge a Customer for providing services under this Agreement as further detailed in Exhibit c.
"Rate Adjustment Facto/' shall mean the amount, expressed as a percentage, by which each of the operating, disposal, processing, and fee components of each Rate are adjusted. The Rate Adjustment Factor for each component shall be calculated separately. "Rate Period" means a 12-month period, commencing July 1 and concluding June 30, excepting Rate Period One.
"Rate Period One" means the first-Rate Period covered by this Agreement. Rate Period One shall begin on the Effective Date and shall end on June 30,2025. "Recovered Materials" means the products, excluding Residual Waste, produced by the Processing of Organic Waste and Recyclable Materials.
"Recyclable Materials" means those materials identified on Exhibit H and that Customers set out in Containers for Collection for the purpose of Recycling by Contractor. No Solid Waste shall be considered Recyclable Materials unless such materia! is separated from other Solid Waste by the Customer. For the purpose of Collection of Recyclable Materials through Contractor's Collection services, Recyclable Materials shall be limited to those materials identified by Contractor as acceptable Recyclable Materials. Recyclable Materials do not include Excluded Waste. "Rerycle," "Recycledr" or "Recyctingi' means the Process of collecting, sorting, cleansing, treating, reconstituting, or otherwise Processing materials that are or would otherwise become A-t2
Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
"Recycling Plan" is the Contracto/s recycling plan presented in Exhibit E. "Refuse" means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from a Premises, including garbage, rubbish, trash, refuse, ashes, industrial wastes, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. Refuse does not include Recyclable Material, Organic Waste, or Excluded Waste.
"Residential" shall mean of, from, or pertaining to a Single-Unit Dwelling Premises or Multi-Unit Dwelling Premises with less than five (5) Dwelling Units, but excluding mobile home parks and cooperative apartments which shall be treated as Commercial. "Residual Waste" means any material remaining after the Processing, by any means and to any extent of Recyclable Materials or Organic Waste.
"Service Leve!" refers to the size of a Customer's Container and the frequency of Collection Services which form the basis for provision of and charges for service. "Single-Unit Dwellingl' means a dwelling designed for or occupied exclusively for human shelter by one family.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191 which, as of the Effective Date, defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40L41. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114950) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (3)
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Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time (also known as HHW). Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container, not Source Separated from Solid Waste at the site of generation. Solid Waste does not include Excluded Waste.
For purposes of this Agreement, Solid Waste does not include Excluded Waste. "SRRE" means the City's Source Reduction and Recycling Element approved by CalRecycle, as the element may be amended from time to time, all in accordance with AB 939 and regulations related thereto, as they may be amended from time to time. 'Term" means the Term of this Agreement, including extension periods if granted, as provided for in Section 3.1 and Error! Reference source not found.. 'Tipping Fee" shall mean the amount charged for each Ton or unit of material delivered to the Designated Disposal Facility, Approved Organic Waste Processing Facility, and/or the Approved Recyclable Materials Processing Facility. The Parties acknowledge that the timing of changes to the Tipping Fees that are not owned or operated by Contractor or their subcontractor may not align with the review and adjustment of Rates under this Agreement. ln the event that the Contractor begins to pay new Tipping Fees at another facility approved by the City, other than one owned and operated by Contractor or their Subcontractor, prior to the adjustment of Rates under this Agreement, the adjustment to the Rate Adjustment Factor shall consider that period.
Alternatively, the City reserves the right to adjust Rates at any time during the year in order to address changes in Tipping Fees alone without adjusting any other component of Rates. The "current approved" Tipping Fees shall be the Tipping Fees in place immediately preceding the submission of the Rate adjustment request.
'Ton" or "Tonnage" means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.
'Transfef means the act of transferring the materials Collected by Contractor or its subcontractor in their route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials.
'Transport" or "Transportation" (or any variation thereof) means the act of conveyance from one place to another or state of being Transported.
"Uncontrollable Circumstance" means one or more of the following specified acts, events, or conditions, whether affecting the Operating Assets, the approved Processing Facilities, the Designated Disposal Facility, the City, or the Contractor, to the extent that it effects the ability of the Contractor to perform any obligation under the Agreement, if such act, event or condition is A-14
beyond the reasonable control, and is not also the result of the willful or negligent act, error, or omission or failure to exercise reasonable diligence on the part of the Contractor, provided however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willfu! or negligent action or a lack of reasonable diligence of the Contractor:
A. An act of God (but not including reasonably anticipated weather conditions for the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage, pandemic, epidemic, government mandated quarantine, or similar occurrences, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance.
B. A Change in Law.
C. Preemption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Operating Assets.
D. Work stoppage, or other labor dispute or disturbance, in accordance with Section 12.3.
Without limiting the generality of the foregoing, the Parties acknowledge that none of the following acts or conditions shall constitute Uncontrollable Circumstances:
2. Changes in the financial condition of the City, the Contractor, or any of its Affiliates, or any Subcontractor affecting their ability to perform their obligations;
3. The consequences of errors, neglect, or omission by the Contractor, any of its Affiliates, or any Subcontractor in the performance of the Collection Services;
4. The failure of the Contractor to secure patents or licenses in connection with the technology necessary to perform its obligations hereunder;
5. Union work rules, requirements, or demands which have the effect of increasing the number of employees employed in connection with the Operating Assets; or "Universal Waste (U-Waste!" means waste materials that are conditionally exempt from classification as hazardous waste pursuant to Title 22 of the California Code of Regulations (22 CCR), Section 56261.9, including but not limited to: (i) batteries as describedin22 CCR Section 66273.2; (ii) thermostats as described in 22 CCR Section 66273.4; (iii) lamps as described in 22 CCR Section 66273.5; and (iv)cathode raytube materials as describedin22 CCR Section 66273.6. "Vehicle" means any truck, rolling stock, or other Vehicle used by the Contractor in connection with Collection Services.
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EXHIBIT B
RATE ADJ USTMENT METHODOTOGY
Subject to the conditions set forth below in this Exhibit, Contractor may increase its Rates in an amount proportional to the Annual Percentage Change in the CPI (Water, Sewer, and Trash [Series lD CUUROOOOSEHGI, U.S. city average, not seasonally adjusted, published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS) for the twelve-month period ending April 30).
Contractor shall deliver to the City notification of the rate escalation, with supporting data and calculations, by June 1 prior to the rate increase becoming effective. Contractor may also request from the City Council approval (which approval shall not be unreasonably withheld) for increases in its charges due to increases in the cost of disposal or processing of refuse and recyclables, which increases, if granted, shall become effective on July 1 following the date of approval.
Any increase for Contractor shall not become effective unless (i) no initiative to the contrary has been adopted by City's voters, (ii) the City Council has held a duly noticed protest hearing conducted per Proposition 218 and no majority protest occurred, and (iii) the City Council has adopted a schedule of automatic adjustments, or increase, as applicable, that complies with Proposition 218 and applicable law.
Example Annual Rate Adjustment (2023)
STEP 1: EXTRACT THE DATA SET PUBLISHED BY BUREAU OF LABOR STATISTICS Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALFI HAL 2013
2011
2015
2016
2017
2018
2019
2020
2021
2022
2023
194.553
201.169
210.243
218.370
226.41',!
232.977
241.606
248.846
257.722
268.',t28
281.461
1 95.505
202.149
211.397
219.036
227.277
233.858
242.011
249.751
258.763
269.521
283.663
195.981
202.657
21',t.738
21 9.649
227.553
234.2'.15
242.611
250.359
259.204
269.621
284.166
196.319
203.084
212.153
220.506
228.',t33
235.141
243.490
250.673
259.581
270.419
285.052
196.727
203.124
212.542
221.360
228.396
235.878
243.774
250.921
259.542
270.844
1 96.989
203.396
212.863
221.396
228.599
236.493
244.322
251.435
260.400
271.925
1 98.'t 73
205.022
213.873
221.354
229.008
237.186
244.943
252.401
261.706
273.097
1 98.736
206.171
215.U4
222.554
229.772
238.439
245.549
253.974
262.810
274.984
198.804
206.363
216.173
223.111
230.142
238.5'.12
245.903
254.266
263.747
276.759
't 99.759
207.633
216.380
223.420
230.614
238.936
246.741
254.781
264.278
276.892
200.004
208.562
217.0M
224.399
231.522
241.774
247.344
255.650
264.580
277.824
200.203
209.414
217.386
224.745
231.842
242.204
247.567
256.456
265.365
278.464
2U.760
242.969
250.331
259.202
270.076
239.
246.
254.
263.
276.
STEP 2: CALCULATE THE ANNUAT AVERAGE PERCENTAGE CHANGE IN THE CPI.U - WATER, SEWER, AND TRASH
B-1
270.844 277.925 271.O97 274.9U 276.759 276.892 277.824 278.464 28t.467 283.663 2U.t66 285.052 259.542 260.400 267.706 262.870 263.747 2U.278 254.580 265.365 268.128 269.52L 269.52r 270.47! 1 1.302 11.525 11.391 t2.774 13.012 72.614 73.244 13.099 13.333 74.1,42 14.545 14.533
4.35% 4.43% 4.35% 4.63% 4.93% 4.77% 5.01% 4.94% 4.97% 5.25% 5.39% 5.41% Step 3: Calculate any changes in Pass-Through Costs (including disposal and processing costs) (if applicable) Step 4: Apply the change(s) calculated in Step 2 and Step 3 (if applicable) to the current Rates to determine the rates for the next Rate Period.
B-2
zo22-2021
2011-ao2a
Chance
X Chan@
October ltlou€mber Av€ra
EXHIBIT C
RATE SCHEDULE
EFFECTIVE JULY L,2024
Rates are per month and invoiced by the City of Tehachapi unless otherwise noted Service Rates
Residential Cart Services
Residential Cart Service - lnclude collection of three Carts as follows: one (1) 96- gallon Cart for Refuse serviced once per week, one (1) 64-gallon Cart for Organic Waste serviced once per week, and one (1) 96-gallon Cart for Recyclable Materials serviced once every other week. s 33.91
Commercial Cart Service*
Commercial Cart Service - lnclude collection of three Containers as follows: one (1) 96-gallon Cart for Solid Waste serviced once per week, one (1) 54-gallon Cart for Organic Waste serviced once per week and one (1) 95-gallon Cart for Recyclable Materials serviced once every other week. s 58.98 Commercial Bin Services*r
1.5-cubic yard Solid Waste Bin x 1 times per week s LM.7O 3-cubic yard Solid Waste Bin x 1 time per week s 154.69 3-cubic yard Solid Waste Bin x 2 time per week s 265.92 3-cubic yard Solid Waste Bin x 3 time per week 5 377.07 3-cubic yard Solid Waste Bin x 4 time per week 5 487.94 3-cubic yard Solid Waste Bin x 5 time per week S 599.33 3-cubic yard Solid Waste Bin x 6 time per week S 770.9L Commercial Front-Load Compactor Service
3-cubic yard Refuse Compactor x 1 time per week s 3oo.o5 Additional Services
Additional 95-gallon Residential Refuse Cart (WM billed)t s to.24 Additional 96-gallon Residential Recyclable Materials Cart (WM billed)t s 9.88 Additional 64-gallon Residential Orga nic Waste Cart (WM billed)t s LO.24 Additional 95-gallon Commercial Refuse Cart (WM billed)*t s 16.78 Additional 95-gallon Commercial Recyclable Materials Cart (WM billed)t s 9.88 Additional 64-gallon Commercial Organic Waste Cart (WM billed)*t s 30.52 Extra 3-cubic yard Refuse Pickup (WM billed) s 48.69
*For services provided to Commercial Customers, Kern County Bin Fees are charged in addition to service rate for Refuse disposal and Organic Waste processing as required by Ordinance No. G-9203. vAll sizes and frequencies of Refuse Bin Service include one (1) 64-gallon Cart for Organic Waste serviced once per week and one (1) 96-gallon Cart for Recyclable Materials serviced once every other week. tAdditional containers are serviced on same day as first container D-1
EXH!BIT D
REPORTING REQUIREMENTS
Section 1.1 Quarterly Report Content
Quarterly reports shall be presented by Contractor to show the following information for each month in the reported quarter and include a quarterly average. ln addition, each quarterly report shall show the past four (4) quarters average for data comparison (the first three (3) quarters of the Agreement shall only include the available quarterly information).
A. Tonnage Report
1. Tonnage delivered to each Approved Facility by Customer Type, subtotaling and clearly identifying those Tons that are Disposed and those that are Diverted.
3. Recyclable Materials Tonnage Marketed and Processing Residue Tonnage Disposed B. Customer Report
1. Number of Customers by Customer Type
2. Number of Containers at each Service Level by Customer Type and program.
Summarizing the total gallons of Cart service, cubic yards of Bin service.
City Services Report. City facility Diversion rate report (i.e., volume of service by Service Type received by each County Waste Facility and the percentage of the total Service Levels that are for Diversion services relative to the total).
D. Education and Outreach Report
1. Summary of education and outreach activities performed during the most-recently completed quarter, including the type of activity, name of customer and/or number of customers reached, and samples of any collateral materials distributed.
3. Dates, times, and group names of meetings and events attended.
E. Diversion Programs Report
L. Percentage of Commercial and Multi-Family Customers participating in a Recyclable Materials and/or Organic Materials diversion program compliant with AB 341, AB 1826 and SB 1383 relative to the total number of Commercial and Multi-Family Customers.
2. Number of Contamination incidents observed.
c.
Section 1.2 Annual Report Content
D-1
A.
The annual report shall be the fourth quarterly report plus the following additional information.
Summary Assessment. Contractor shall provide a summary assessment of the programs performed under this Agreement from Contractor's perspective. The assessment shall reflect how well the program is operating in terms of efficiency, economy, and effectiveness in meeting all the goals and objectives of this Agreement, particularly relative to the City's compliance with State regulations. Contractor may provide recommendations and plans to improve and highlight significant accomplishments and problems.
B. Route Reviews. Contractor shall provide a summary of Route Reviews conducted, including the methodology and results that support the City's CalRecycle reporting requirements.
D-2
7 2
3 EXHIBIT E
RECYCTABTE MATERIALS
RECYCTABTE MATERIAL must be dry, loose (not bagged), unshredded, empty, and include ONLY the following:
4 NON-RECYCIABIES include, but are not limited to the following:
Aluminum cans Newspaper
PET bottles with the symbol #1 - with screw tops
only
Mail
HDPE plastic bottles and containers with the symbol
#2 (milk jugs, detergent containers, and shampoo
bottles, etc.)
Uncoated paperboard (ex. cereal boxes; food and snack boxes) PP plastic bottles and containers with symbol# 5 (ex.
yogurt containers, syrup bottles)
Uncoated printing, writing and office paper
Steel and tin cans Old corrugated containers/cardboard (uncoated) (ex. moving boxes, pizza boxes)
Glass food and beverage containers - any color Magazines, glossy inserts and pamphlets Plastic bags and bagged materials (even if containing
Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates and cups Plastics not listed above including but not limited to those with symbols #3, *4, #6, #7 and unnumbered plastics, including utensils Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi-laminated
materials
Needles, syringes, lV bags or other medical supplies
Food waste and liquids, containers containing such
items
Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained
Excluded Materials
Napkins, paper towels, tissue, paper plates, and paper cups Any Recyclables less than 4" in size in any dimension Propane tanks, fuel cannisters Batteries
5 E-1
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: April 15, 2024 AGENDA SECTION: ASSISTANT CITY MANAGER
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: COREY COSTELLOE, ASSISTANT CITY MANAGER
DATE: APRTL 15,2024
SUBJECT: SURPLUS IAND ACT EXEMPTION AND AUTHORIZATION FOR REAL PROPERW NEGOTIATOR
BACKGROUND
The City of Tehachapi owns a pair of parcels on "C" Street located within the parking lot of the former Oak Tree Medical Center Building on the corner of C and Mill Streets. During the active operation of Oak Tree Medical Center, the City of Tehachapi leased these lots on an annual basis to allow for additional parking for customers of the medical center.
Last year, Oak Tree Medical moved locations and the building was listed for sale. Recently, the building was purchased by a new ownership group who are considering uses for this building. As part of that, the ownership group is requesting that instead of leasing the small parcels, the City of Tehachapi consider selling those parcels to them to assist the streamlining of their operation and ownership of the entire site. Considering the small size of the parcels, .03 acres and .04 acres, and the minimal amount of lease revenue generated by these parcels, and the ability to assist with an investment in our community, staff has no objections to this option. Staff has evaluated the parcels for their potential to be used for City work or operations and has determined that the parcels are not suitable for the City's use because of their smallsize.
The California Surplus Land Act has several requirements when a public agency wishes to dispose of excess property.
Assembly Bill 1486 was adoptedin2020 and amended the Surplus Land Act, which now requires up to a 150-day period during which a public agency must consider proposals from developers to build affordable housing on surplus land.
However, there is an exemption within the law that allows for small properties, specifically less than one-half acre, to be declared by the governing body, in this case the City Council, as "exempt surplus land" provided that an adopted resolution making the declaration is forwarded to the California Department of Housing and Community Development (HCD) for confirmation prior to the disposition of the parcels. The Act provides that the City may dispose of exempt surplus land without further regard to the requirements of the Act, except for the requirement to notify HCD.
PROPERTIES TO DECLARE ,.EXEMPT SURPLUS LAND"
As previously stated, the description of the two properties, APN 040-070-08 and APN 040-070-03, are attached to this report. They are located along "C" Street, and near the corner of Mill Street adjacent to the commercial property in escrow and were previously leased to the property owner for parking lot usage.
California Government Code Section 54221(f)(1)(B) defines "exempt surplus land" as surplus land that is less than onehalf acre in area (21,780 square feet) and not contiguous to land owned by a state or local agency that is used for openspace or low and moderate income housing purposes. . Further, the property must not meet any of the conditions set forth in Government Code Section 54221(f)(2), which includes being listed on the National Register of Historic Places.
The parcels do not meet any of the conditions in Section 54221(f)(2), are not contiguous to land owned by a state or local agency that is used for open-space of low and moderate income housing purposes and are less than one-half acre. The proper$ sizes of the proposed "exempt surplus land" are as follows:
APN 04007003: 1,876 square feet
APN 04007008: 1,528 square feet
These parcels do not meet the minimum building standards required in the T 4.5 "Neighborhood Cente/' in the Ci$ of Tehachapi Zoning Code.
FISCAL Ii'IPACT
The prospective buyers will provide a land appraiser to determine the fair market value of the properties prior to the finalizing of sale terms. The final lease payment received in February of 2022 was $2,819. The lease was not paid in 2023 as the previous business was relocated. Sale price is expected to be similar to the lease price but subject to appraisal.
STAFF RECOMMENDATION
ADOPT A RESOLUTION IDENTIFYING APN O4OO7OOO3 AND APN O4OO7OO8 AS "EXETPT SURPLUS LAND' BY THE CITY OF TEHACHAPI AND AUTHORIZE THE TIAYOR TO SIGN.
AUTHORZE THE REAL pROpERTy NEGOTTATOR rro D|SPOSE OF THE PROPERTIES PURSUANT TO THE ABOVE.i'ENTIONED CALIFORNTA GOVERNiIENT CODE FOLLOWNG APPROVAL OF THE EXEi'PTION BY THE CALIFORNIA DEPARTiiENT OF HOUSING AND GOMMUNITY DEVELOPMENT.