City of Wasco City Council Meeting Agenda, July 19, 2022 .
P
ursuant to the Governor's Executive Order N- 08-21, the City Council Members and staff may choose to participate in person or by video conference. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. The Public may participate via the following options:
1. At
tending in person: All attendees are encouraged to wear a face-covering at all times while in the Council Chambers or City Hall. Please maximize spacing by utilizing all seating in the Chambers.
2. M
embers of the public can view the City Council meetings live on the city’s website: https://www.cityofwasco.org/306/city-council-meeting-videos,
3. P
ublic comments regarding matters on the agenda may be made in person or via email. If you wish to comment on a specific agenda item, submit your comment via email to [email protected] no later than 4:00 p.m. July 19, 2022. Please clearly indicate which agenda item number your comment pertains to. If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to citycle [email protected] no
later than 4:00 p.m. July 19, 2022.
Ev
ery effort will be made to read your comment into the record; however, they are limited to two (2) minutes. If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting but will not be read into the record.
REGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER: Mayor Reyna
2) R
OLL CALL: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Garcia, Lynch, Martinez
3) F
LAG SALUTE: by Planet Dance Studio
4) I
NVOCATION: by Pastor Paul Hernandez, Free Will Baptist Church AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, July 19, 2022 – 6:00 pm.
Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, July 19, 2022 5) PRESENTATIONS:
a. A Recognition for the Planet Dance Studio
6) PUBLIC COMMENTS:
This portion of the meeting is reserved for persons desiring to address the Council and including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda and over which the Council and Successor Agency have jurisdiction. Speakers are l imited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making y
our presentation.
BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items, not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests made during this comment period.
7) SUCCESSOR AGENCY BUSINESS: NONE
8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: NONE
CITY COUNCIL BUSINESS:
9) CONSENT CALENDAR:
The Consent Calendar consists of items that, in the staff's opinion, are routine and non - controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and file department payments totaling $ 90,484.69
b. Approval of Special City Council Meeting minutes for June 20, 2022.
c. Adopt a Resolution authorizing the City Manager or his Designee to execute the first amendment to Service Agreement No. 2016-047(1) with Cintas Corporation, Western Group for Uniform Service.
d. Adopt a Resolution Ratifying the City Manager’s Authority to fully execute the purchase of real estate property for portions of APN 490-020-04 and 487-010-11 for the construction of city water wells.
e. Approval for Travel Expenses Exceeding $500.00 per trip for the Administrative Manager, to attend the 2022 CALACT Autumn Conference & Expo on November 1st through 4th, 2022 in Santa Rosa, CA.
f. Adopt a Resolution Authorizing the City Manager or his designee fully execute a purchase contract with Sourcewell in the amount of $39,610.64 to purchase one Hybrid SUV.
g. Adopt a Resolution Authorizing the City Manager or his designee to Execute an Agreement with Crosswhite Construction, Inc. in the amount of $81,650.00 for wrought iron fencing around the Annex Building parking lot.
h. Receive and File the Investment Report for the month ended May 31, 2022.
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City of Wasco City Council Meeting Agenda, July 19, 2022 i. Adopt a Resolution authorizing the City Manager or Designee to enter into an Agreement for services between the City of Wasco and the Office of the State Controller, Division of Audits, to Prepare the Annual Street Report for the Fiscal Year Ended June 30, 2022.
10) PUBLIC HEARINGS:
a. Introduce and Waiver the First Reading by title only of an Ordinance of the City of Wasco Amending Title 9 “Public Peace, Morals, and Welfare” of the City of Wasco Municipal Code, Chapter 9, to Establishing Regulations Prohibiting the Unlawful Possession of a Catalytic Converter and Making a determination of Exemption Under CEQA. (Lara)
b. Adopt a Resolution Amending the Traffic Impact Fee Rate Schedule. (Villa)
11) DEFERRED BUSINESS: None
12) NEW BUSINESS:
a. Adopt a Resolution Authorizing the City Manager to Sign an d Execute the First Amendment to Lease Agreement No. 2021 -025 (1) with I&M Sheep Company to Permit Grazing on the City’s Municipal Ag Land. (Hurlbert)
b. Adopt a Resolution Authorizing the City Manager to Sign and Execute a Lease Agreement with Marlow Ag Logistics, Inc. to Permit an Agricultural Green Waste Mulching Operation on 160 Acres of the City’s Municipal Ag Land. (Hurlbert)
c. Appointment of Jeremiah Skeels to fill an unexpired seat on the Planning Commission Board, term expiring on December 31, 2022. (Pallares, Garcia)
13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Martinez & Reyna)
14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)
b. Kern County Sheriff Department (Shinn)
15) REPORTS FROM THE CITY MANAGER:
16) REPORTS FROM THE CITY COUNCIL:
17) CLOSED SESSION:
18) CLOSED SESSION ACTION:
19) ADJOURNMENT:
This is to certify that this agenda was posted at Wasco City Hall on July 15, 2022, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, July 19, 2022
______________________________________
Maria O. Martinez, City Clerk
All agenda item supporting documentation is available for public review on the city website www.cityofwasco.org and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 during regular business hours, 7:30 am – 5:00 pm Monday through Thursday and 8–5 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.
The City of Wasco does not discriminate on the basis of disability in the access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.
Information regarding the rights provided under the Americans with Disabilities Act (ADA) may be obtained from the City Clerk's Office.
If you need special assistance to participate in this meeting, please contact the City Clerk 's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting. Telephone (661) 758- 7215 Requests for assistance should be made at least two (2) days in advance whenever possible. 4 of 107
WARRANTS AMOUNTS
G062922 38,617.69
G062722 20,307.43
A062922 10,990.42
A062822 4,584.97
G063022 13,572.19
G062822 2,411.99 Verified By:
Grand Total 90,484.69 Finance Director
A BC D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 G062922 ATT - PAYMENT CENTER 1488 000018379502 23653 PHONE SRVCS 05/24/22-06/23/22 26.76 2 G062922 ATT - PAYMENT CENTER 1488 000018379503 23653 PHONE SRVCS 05/24/22-06/23/22 43.25 3 G062922 ATT - PAYMENT CENTER 1488 000018379504 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 4 G062922 ATT - PAYMENT CENTER 1488 000018379505 23653 PHONE SRVCS 05/24/22-06/23/22 317.03 5 G062922 ATT - PAYMENT CENTER 1488 000018379506 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 6 G062922 ATT - PAYMENT CENTER 1488 000018379507 23653 PHONE SRVCS 05/24/22-06/23/22 63.93 7 G062922 ATT - PAYMENT CENTER 1488 000018379508 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 8 G062922 ATT - PAYMENT CENTER 1488 000018379509 23653 PHONE SRVCS 05/24/22-06/23/22 43.18 9 G062922 ATT - PAYMENT CENTER 1488 000018379510 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 10 G062922 ATT - PAYMENT CENTER 1488 000018379511 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 11 G062922 ATT - PAYMENT CENTER 1488 000018379512 23653 PHONE SRVCS 05/24/22-06/23/22 1,075.69 12 G062922 ATT - PAYMENT CENTER 1488 000018379513 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 13 G062922 ATT - PAYMENT CENTER 1488 000018379514 23653 PHONE SRVCS 05/24/22-06/23/22 26.76 14 G062922 ATT - PAYMENT CENTER 1488 000018379515 23653 PHONE SRVCS 05/24/22-06/23/22 41.50 15 G062922 ATT - PAYMENT CENTER 1488 000018379516 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 16 G062922 ATT - PAYMENT CENTER 1488 000018379517 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 17 G062922 ATT - PAYMENT CENTER 1488 000018379518 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 18 G062922 ATT - PAYMENT CENTER 1488 000018379519 23653 PHONE SRVCS 05/24/22-06/23/22 22.43 19 G062922 ATT - PAYMENT CENTER 1488 00018379520 23653 PHONE SRVCS 05/24/22-06/23/22 63.93 20 G062922 ATT - PAYMENT CENTER 1488 000018381044 23653 PHONE SRVCS 05/24/22-06/23/22 83.22 21 G062922 CINTAS CORPORATION NO. 3 4480 4123454890 23654 UNIFORM SERVICES 06/24/22 235.47 22 G062922 FED EX 123 7-798-89210 23658 FREIGHT SERVICES 06/23/22 123.40 23 G062922 PG & E COMPANY 85 67155644395 06/23/22 23666 UB 5410 7TH ST 06/23/22 8,826.60 24 G062922 ALEXANDER'S CONTRACT SERVICES, INC. 3828 202206160590 23652 6/13/22 - 6/16/22 WATER METER READING SERVICE 6,496.35 25 G062922 INTERWEST CONSULTING GROUP, INC. 1571 79404 23659 MAY 2022: PLAN CHECK SRVCS 12,989.88 26 G062922 NEW YORK LIFE INSURANCE COMPAN Y 4733 S10763000 JUN 22 23664 JUN 2022: INS. PREMIUM 270.00 27 G062922 ROBERT HALF 4814 60236325 23667 TEMP E. RAMIREZ WE 06/17/22 289.60 28 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451295 23665 WW SAMPLE TEST: 5/24/22 INFLUENT MONITORING 18.46 29 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451301 23665 WW SAMPLE TEST: 5/3/22 PFAS 977.40 30 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451360 23665 WW SAMPLE TEST: 6/9/22 INFLUENT MONITORING 76.02 31 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451603 23665 WTR SAMPLE TEST: 6/9/22 WELL #7,#11,#14 CLIP 297.56 32 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451653 23665 WTR SAMPLE TEST: 6/14/22 WELL #8,#10,#12 CLIP 417.02 33 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451736 23665 WTR SAMPLE TEST: 6/7/22 DWPDIST12 106.43 34 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451738 23665 WW SAMPLE TEST: 6/7/22 INFLUENT MONITORING 166.16 35 G062922 PACE ANALYTICAL SERVICES, INC 5694 B451762 23665 WW SAMPLE TEST: 6/14/22 INFLUENT MONITORING 76.02 36 G062922 WITCHER ELECTRIC, INC. 3856 38422AA 23670 WELL #12: WELL VFD DOOR REPAIR 111.07 37 G062922 ACC BUSINESS 4766 221668692 23651 JUN 2022: FIBER NETWORK SERVICES 802.92 38 G062922 DAVID ESPINOZA 5774 15027-0009024240 23655 RFND CREDIT CUST CLOSED ACCT: 2424 9TH S T 23.44 39 G062922 DEPARTMENT OF JUSTICE 1668 585352 23656 MAY 2022: FINGERPRINTS 32.00 40 G062922 DITCH WITCH WEST 4792 450219 23657 1 QT: PROSPECTOR EQUIPMENT 126.78 Council Meeing : July 19, 2022
Bill Pay
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Digitally signed by:
Isarel Perez-Hernandez
DN: CN = Isarel Perez-
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isperez@cityofwasco.
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Wasco
Date: 2022.07.13 13:
06:20 -08'00'
Isarel
Perez-
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A BC D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 41 G062922 DITCH WITCH WEST 4792 449245 23657 259-1018 PROSCPECTOR RETURN SEE CREDIT #450204 126.78 42 G062922 DITCH WITCH WEST 4792 450204 23657 RETURN CREDIT PROSCPECTOR FROM INV:449245 (126.78) 43 G062922 JOSE SANCHEZ 5772 14236-0013010370 23660 RFND CREDIT CUST CLOSED ACCT: 1037 13TH S T 8.48 44 G062922 JOSE SANCHEZ 5772 14236 -0013010370. 23660 RFND CREDIT CUST CLOSED ACCT: 1037 13TH S T 103.80 45 G062922 JOSE SANCHEZ 5772 14236- 0013010370.. 23660 RFND CREDIT CUST CLOSED ACCT: 1037 13TH S T 44.98 46 G062922 MAYRA MEDINA SALINAS 5775 12880-0185003240 23661 RFND CREDIT CUST CLOSED ACCT: 324 E ST. 23.30 47 G062922 MELISSA J. HATHCOCK 5769 9731-0375011080 23662 RFND CREDIT CUST CLOSED ACCT: 1108 ROSEWOOD AVE 26.77 48 G062922 MERISSA MARIE GUTIERREZ 5773 17639-0360007730 23663 RFND CREDIT CUST CLOSED ACCT: 773 POSO DR 17.30 49 G062922 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 2491 23668 SALES TAX OVERSIGHT COMMITTEE/RECRUITMENT PLAN COM 312.00 50 G062922 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 2492 23668 REVOCATION OR MOD CUP 20-01 174.00 51 G062922 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 2514 23668 LEVY & COLLECTION MAINTENANCE-LANDSCAPE & LIGHTING MAINTENANCE 51.00 52 G062922 UNIVAR USA INC 111 50320828 23669 WELL #7: 4TH AND POPLAR - LIQUID CHLORINE 516.14 53 G062922 UNIVAR USA INC 111 50320829 23669 WELL #10: IRIS & GRIFFITH - LIQUID CHLORINE 935.50 54 G062922 UNIVAR USA INC 111 50320830 23669 WELL #8: POSO DRIVE - LIQUID CHLORINE 545.17 55 G062922 UNIVAR USA INC 111 50320831 23669 WELL #14: 747 G ST - LIQUID CHLORINE 645.17 56 G062922 UNIVAR USA INC 111 50320832 23669 WELL #11: 11TH & OAK - LIQUID CHLORINE 741.95 57 G062922 Total 38,617.69
58 G062722 ADMINISTRATIVE SOLUTIONS-FRESNO 2208 A1016271 23645 JULY 2021: MONTHLY ADMIN FEES & HRA ADMIN 1,507.50 59 G062722 BHT ENGINEERING, INC 5134 22-219 23647 JOB#22800.04: WASCO PM 21-03 1,137.50 60 G062722 BHT ENGINEERING, INC 5134 22-216 23647 71600-52040-22012-1 #22806-DOWNTOWN TOPO SURVEY 8,050.00 61 G062722 PACE ANALYTICAL SERVICES, INC 5694 B448725 23650 WTR SAMPLE TEST: 5/9/22 BACTERIOLOGICA L 25.00 62 G062722 PACE ANALYTICAL SERVICES, INC 5694 B448985 23650 WW SAMPLE TEST: 5/5/22 INFLUENT MONITORING 70.00 63 G062722 BAKER SUPPLIES AND REPAIRS 5704 7325 23646 FOR LANDSCAPE: POWER TRIM EDGER2 1,028.38 64 G062722 GENERAL OFFICE MACHINE COMPAN Y 1195 18786 23648 COPIER METER READING 04/01/22-05/03/22 421.55 65 G062722 MAUL FOSTER & ALONGI INC 5766 46634 23649 REDISTRICTING PLAN DEVELOPMENT SERVICES 8,067.50 66 G062722 Total 20,307.43
67 A062922 ADMINISTRATIVE SOLUTIONS-FRESNO 2208 06/21/22 5193 MEDICAL CHECK RUN 06/21/22 10,990.42 68 A062922 Total 10,990.42
69 A062822 ADMINISTRATIVE SOLUTIONS-FRESNO 2208 03/09/22 5194 MEDICAL CHECK RUN 03/09/22 4,584.97 70 A062822 Total 4,584.97
71 G063022 PG & E COMPANY 85 46754368564 06/27/22 23682 UB NE COR CENTRAL AVE & MARGALO ST 06/27/22 193.30 72 G063022 CLARK PEST CONTROL 117 31275220 23677 JUNE 2022: 1400 J ST PEST CONTROL SERVICES 220.00 73 G063022 CLARK PEST CONTROL 117 31475567 23677 JUNE 2022: 5409 7TH ST PEST CONTROL SERVICE 54.00 74 G063022 CLARK PEST CONTROL 117 31475800 23677 JUNE 2022: 746 8TH ST & 1445 12TH ST PEST CONTRO L 217.00 75 G063022 CLARK PEST CONTROL 117 31475878 23677 JUNE 2022: 5410 7TH ST PEST CONTROL SER V 54.00 76 G063022 ROYAL INDUSTRIAL SOLUTIONS 711 0332-1041868 23685 PROJECT #22015 FUSE HOLDER 651.48 77 G063022 PACE ANALYTICAL SERVICES, INC 5694 B451958 23681 WTR SAMPLE TEST: 6/9/22 WELL #7,#11,#14 DWPDIST12 45.61 78 G063022 READYREFRESH BY NESTLE 4027 02F0033487406 23683 5/27/22-6/26/22: 5410 7TH ST DRINKING WTR SERVICE 59.16 79 G063022 ATLAS COPCO COMPRESSORS LLC 2391 1122065175 23676 CNG #PLANT: GAS LEAK REPAIRS ON COMPRESSOR A 780.00 80 G063022 CLEAN STRIDE LLC 5289 4155 23678 JUNE 2022: JANITORIAL SERVICES 6,197.00 81 G063022 ERIC PEREZ 5776 16438-0251009201 23679 RFND CREDIT CUST CLOSED ACCT: 920 HOLLYTREE LN 105.62 82 G063022 GUZMAN JUAN ANTONIO 5779 17759-0130019020 23680 RFND CUST PD TRASH CAN REPLACEMENT BUT NOT REQUESTED 40.00 83 G063022 RICHLAND CHEVROLET COMPAN Y 155 32167 23684 WATER #54: CLEAN FUEL TANK , USED WRONG FUE L 931.33 84 G063022 SHAR-CRAFT INC. 3122 53821 23686 TWO SETS OF PACING SCUM PUMP & PRIMARY SLUDGE PUMP 540.87 85 G063022 STEVE POTTER 5777 2452-0007011440 23687 RFND CREDIT CUST CLOSED ACCT: 1144 7TH ST. 39.24 86 G063022 THE UNIVERSAL CHURCH INC. 5778 17002-0007020350 23688 RFND CREDIT CUST CLOSED ACCT: 1925 WILSHIRE BLVD 112.92 87 G063022 WESTCOAST HYDRAULICS INC 3641 44374 23689 DISPOSAL #13: O-RING & EQUIPMENT REPAIR 1,468.47 88 G063022 WESTCOAST HYDRAULICS INC 3641 44057 23689 DISPOSAL #17: REPAIR DAMAGE ON PAKCER RAM & RESEA L 1,862.19 89 G063022 Total 13,572.19
90 G062822 DEPARTMENT OF RESOURCES RECYCLING & RECOVER Y 5762 0000001450383 23675 RFND UNSPENT CAL RECYCLE GRANT FUNDS 2,411.99 91 G062822 Total 2,411.99
92 GRAND TOTAL 90,484.69
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City of Wasco City Council Special Meeting Minutes, June 20, 2022
MINUTES
WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Monday, June 20, 2022
Special Meeting – 5:30 pm.
City Council Chambers
746 8th Street, Wasco, CA 93280
SPECIAL MEETING – 5:30 pm
1) CALL TO ORDER:
Mayor Reyna called the meeting to order at 5:35 pm.
2) ROLL CALL:
Present: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Lynch, Martinez
Absent: Council Member Garcia
Staff Members: City Manager Hurlbert, City Clerk Martinez, Finance Director Perez Hernandez, Public Works Director, Villa, Deputy Public Works Director Martinez.
3) FLAG SALUTE: by Mayor Reyna
4) NEW BUSINESS:
a. The Preliminary Proposed Annual Operating General Funds and Special Revenue Funds Budget and Preliminary Capital Improvement Projects for the Fiscal Year of 2022-2023
PowerPoint presentation by Finance Director Perez Hernandez
No public comment
Areas that were addressed were:
• General Fund Cost Overview
• New Position Requests
• Summary of General Fund Revenues, Expenditures, and Changes in Fund Balance
• General Fund Departments
• Support Services
• Measure X Appropriations
• Capital Improvement Projects
5) ADJOURNMENT:
Mayor Reyna adjourned the meeting at 7:08 p.m.
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City of Wasco City Council Special Meeting Minutes, June 20, 2022 _____________________________________
Maria O. Martinez, City Clerk
______________________________________
Gilberto Reyna, Mayor
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 19, 2022
SUBJECT: Adopt a Resolution authorizing the City Manager or his Designee to execute the first amendment to Service Agreement No. 2016 -047(1) with Cintas Corporation, Western Group for Uniform Service.
Recommendation:
Staff recommends the City Council adopt a Resolution authorizing the City Manager or his designee to execute the first amendment to Agreement No. 2016- 047(1) with Cintas Corporation, Western Group for Uniform Service
Discussion:
A Request for Proposal was published on June 6, 2021 . The City of Wasco requested proposals from qualified Proposers to provide uniform services for Public Works Department and the Community Development Department.
On June 22, 2021, the City of Wasco received 1 proposal from the following firm:
FIRM:
• UniFirst Corporation
The bidding process was to ensure that the City was able to obtain the most market - competitive rates. After many failed attempts to work with UniFirst, Staff has decided that it would be in the City’s best interest to reject UniFirst’s proposal and continue with the existing agreement with Cintas.
Cintas Corporation has become the largest uniform supplier in North America. Their products are designed to bring a more professional look to front -line workers. From July 2016 through June 2021, the Cintas Corporation Agreement provided weekly uniform services to the City of Wasco field personnel. It provides each staff member with enough uniforms for two weeks. One clean set is for the current workweek, while the other set is at Cintas being laundered and checked for repairs. The services provided are described in Exhibits A and B in the amendment to Agreement No. 2016-047(1).
Fiscal Impact:
STAFF REPORT
City of Wasco
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Monthly service cost is incorporated into the adopted 2022-2023 Fiscal Year budget. No budget action is needed with approval of this item.
Attachments:
1. Resolution
2. Amendment Agreement
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RESOLUTION NO. 2022 - ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT AGREEMENT WITH CINTAS
CORPORATION, WESTERN GROUP FOR UNIFORM SERVICES
WHEREAS, The City of Wasco and the Contractor entered into agreement in 2016 and the parties wish to amend the agreement; and
WHEREAS, said agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California contract Code; and,
WHEREAS, said agreement shall be governed by and construed in accordance with the laws of the State of California; and,
WHEREAS,
said agreement will be effective from July 1, 2022 – June 30, 2025; and,
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Approval of the First Amendment to Cintas service agreement.
SECTION 2:
Authorizes the City Manager or his Designee to execute the amendment agreement.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
AB SENT:
__________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest:
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 FIRST AMENDMENT TO AGREEMENT No. 2016 047 (1)
THIS AMENDMENT TO AGREEMENT (the “First Amendment”) made this 19th day of July, 20 22, by and between the CITY OF WASCO, hereinafter "City", and CINTAS Corporation, Western Group, Location 668 a California Corporation, hereinafter "Contractor,"
W I T N E S S E T H:
WHEREAS, City and Contractor entered into that certain Agreement dated July 1, 2016 for Contractor to provide the services described therein (the “Agreement”) and the parties wish to amend the Agreement under the terms and conditions described hereinafter and Contractor is agreeable thereto.
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. The capitalized terms used herein shall have the same meaning as in the Agreement unless otherwise specifically described herein.
3. The parties hereby replace Attachments “A” and “B” of the Agreement with Attachments “A” and “B” attached hereto and by this reference made a part hereof.
4. Except as amended herein, the Agreement and each of its terms and conditions are hereby reaffirmed. In the event of any inconsistency or ambiguity between the Agreement and this First Amendment, the terms of this First Amendment shall control.
5. This Fi rst Amendment may be executed in counterparts. A facsimile or electronic copy of this fully executed First Amendment shall be as effective as the original for all purposes.
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2 IN WITNESS WHEREOF , the parties have executed this First Amendment on the date first hereinabove written.
_________________________________
M. Scott Hurlbert, City Manager
City of Wasco, California, "City"
CINTAS CORPORATION, WESTERN
GROUP, a California Corporation,
" Contractor"
By: _____________________________
Richard Kilbury, Service Manager
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3 Attachment “A”
GENERAL CONDITIONS:
The intent of this contract is to provide uniform rental service to approximately 40 employees in the City of Wasco Public Works Department, Community Development and Transit. In addition, items of general use may be required, such as dirty work coveralls. The Public Works Department consists of seven (7) separate divisions with two (2) locations for service. Each division has a variety of needs and specifications for service which will be provided in the table attached. The contract will run for three (3) years starting July 1, 2022 and ending June 30, 2025
SCOPE:
Delivery service: C
lean uniform will be delivered on a weekly basis, 52 weeks each year. At that time dirty uniforms will be picked up. Delivery will be before 10:00 a.m. each week will be scheduled for the same day (preferably Tuesday). Advance notice of at least two weeks will be required for any change in the schedule. In addition, as required in the division, an optional separate locker will be provided at no additional cost for delivery and pick-up of dirty uniforms, heavily soiled coveralls and generic items.
Uniform
Specifications: The uniform set for most employees will consist of 11 sets of pants (either blue cotton/poly blend or denim jeans or work style) and 11 cotton/poly blend shirts (color and type for each division will be identified prior to signing contract).
Uniforms will be made of 4.5 oz. cotton polyester blend with minimum cotton content of 35% for work style. These uniforms will be permanent press, shrink resistant and stain resistant. The majority of the shirts will have one front pocket and button closure.
Each employee will have the option of selecting long sleeve or short sleeve shirts or a combination of both. Pants will be cotton/poly blend or denim (color to be determined before signing of contract) with heavy-duty brass ratcheting zippers and buttons (some personnel will require utility type pants and some personnel may require denim jeans).
Each shirt will have the name (first or last as approved by each division leader) above the left pocket and the City of Wasco logo above the right pocket (see attached). In addition, American flag shoulder patches will be sown on the left shoulder of each uniform provided. One work jackets will also be required for each employee. Work jackets will be navy blue, light weight winter type. Each jacket will have the name (first or last as approved by each division leader) the City of Wasco logo, and an American flag shoulder patches will be sown on the left shoulder of each jacket provided. No seasonal change- over of jackets is required. Uniforms of comparable color and style will be required in 100% cotton for employees with fabric allergies or duty requirements. In additional, uniforms must be of flame resistant materials as specified within each division.
Initial Inventory: Upon award of this contract, the vendor will issue an initial inventory of “new” condition uniforms in the colors specified to current employees as designed by the division leader. All individual requests to change uniform colors must be pre- approved by the division leader.
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4 Fitting Employees: A Vendor representative will measure each employee for initial uniform issuance. The vendor will provide uniforms for new employees within two (2) weeks’ notice. A representative from the vendor will measure new employees to ensure proper sizing of uniforms. Uniforms of former employees will be returned to the vendor within thirty (30) days. Any Delay for uniforms beyond the two weeks must be stated in the contract bid. For example: 3X is considered a normal size and is expected within two weeks. 4X and larger may require a delay- how much delay is expected for larger sizes.
Uniform Requirements: Requirements are estimates that may change as the number of employees fluctuates. Most employees will be issued the same style of uniform. The exception would be Community Development Dept, Animal Control and Transit. These uniforms must be returned and kept in very presentable condition. Most personnel (approximately 35) would be issued eleven (11) uniform changes per employee with five rotated per week and one to use on the delivery day. Variations may be established with each division such as combination of uniforms and coveralls and/ or fewer sets of uniforms.
Special Requirements: Soil Coveralls: The So
lid Waste, Wastewater, Water, Street and
Shop divisions have established a maintenance coverall for dirty work as part of their daily routine. The vendor must be aware that at times these coveralls may be contaminated with oil, food product residue, asphalt, tar and fecal matter. The vendor will provide a special collection locker at each designated locations for the soiled garments.
Lost and Abused Garment Replacement: T
he City will be responsible for the cost of
replacing lost garments and garments destroyed by abuse. Cost will be prorated from the time garment was put in service. Prorating will be done at a rate of cost that is reduced twenty- five (25) percent for each year in service. The vendor will quote the replacement cost for each item.
Uniform Repair/ Adjustment: The vendor w
ill provide communication tags to the
employees for requiring repair/ replacement of garments or size adjustments.
Repair/replacement or adjustments will be made to the garment and returned as scheduled at no additional cost. The division leader or contact person will have the authority to have a uniform replaced, if they feel it no longer promotes a professional image.
Implementation Time Schedule: T
he vendor will provide a schedule of implementation,
preferably in Gantt chart format to the City. All uniform items requested will be delivered to the City “no later than” 35 days after receiving a “notice to proceed” from the City of Wasco.
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5 Attachment “B”
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: July 19, 2022
SUBJECT: Adopt a Resolution Ratifying the City Manager’s Authority to fully execute the purchase of Real Estate property for portions of APN 490-020-04 and 487-010-11 for the construction of water wells.
Recommendation:
Staff recommends the City Council adopt the Resolution.
Discussion:
On November 2, 2021, the City Council authorized the City Manager to open escrow and fully execute the purchase of real estate property for portions of APN: 490-020-04 and 487-010-11 for the construction of city water wells.
The City Manager fully executed the purchase agreement and closed escrow on June 7, 2022.
Staff is bringing this item to the City Council to adopt a Resolution to support the Authorization given to the City Manager for the purchases of the real estate properties.
Fiscal Impact:
Funding for purchase of the properties was approved during FY 2021-22, no budget action is required with approval of this item.
Attachments:
1. Resolution
STAFF REPORT
City of Wasco
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RESOLUTION NO. 2022 - ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO RATIFYING THE CITY MANAGER’S AUTHORIZATION TO FULLY EXECUTE PURCHASE AGREEMENTS FOR PORTIONS OF APN: 490-020-04 AND 487-010-11
WHEREAS, on November 2, 2021, at a Closed Session meeting the City Council Authorized the City Manager to open escrow and execute purchase agreement s for portions of APN: 490-020-04 and 487-010-11and;
WHEREAS, the City Manager fully executed and closed the purchase agreements with Investment Grade Loans, Inc. on June 7, 2022.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Ratifies the City Manager’s authority to fully execute the purchase agreements with Investment Grade Loans, Inc. for the purchase of portions of APN: 490-020-04 and 487- 010-11.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
AB SENT:
__________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest:
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk
DATE: July 19, 2022
SUBJECT: Approval for Travel Expenses Exceeding $500.00 per trip for the Administrative Manager, to attend the 2022 CALACT Autumn Conference & Expo on November 1
st through 4th, 2022 in Santa Rosa, CA.
Recommendation:
Staff recommends the City Council’s approval of the travel expenses.
Discussion:
This request is for the approval of the Administrative Manager, to attend the 2022 CALACT Autumn Conference & Expo on November 1st through 4th, 2022 in Santa Rosa, CA The CALACT represents transit agencies throughout California and beyond, providing support and advocacy to help agencies serve their riders more effectively. The conference consists of several sessions that focus on current trends, issues, and challenges.
The CALACT Conference would offer staff the opportunity to network with other professionals in the Transportation industry and provide opportunities to understand innovative methods to address various transportation issues.
The cost of the training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 -2327, limiting expenses to $500.00 per trip.
As a result, the City Council will need to approve the travel requested by the Administrative Manager as the expenses for the cost of the trip will exceed $500.00.
Fiscal Impact:
The estimated cost of the travel will not exceed $2,000.
Attachments:
1. Conference Information
STAFF REPORT
City of Wasco
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EXTERNAL MESSAGE: Use caution when clicking links or attachments Happeni ng Nove mber 1-4 in Santa Rosa!
SAVE THE DATE
The 2022 CALACT Autumn Conference &
Expo
November 1-4, 2022, in Santa Rosa, CA
The conference is scheduled
November 1-4th, 2022, and
Registration and
room block to open
JULY 11, 2022
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located at the Hyatt Regency
Sonoma Wine Country at 170
Railroad Street, Santa Rosa, CA
95401. The conference hotel room
block will open in conjunction
with registration on July 11th, 2022.
Only registered attendees can
access the room block.
LEARN
The Conference Committee is working
together to assemble excellent
offerings this fall. Topics will include
efforts to inhibit human trafficking on
transit, experiences related to Zero
Emissions technology implementation,
as well as other subject matter
designed to meet your educational
and professional development needs.
A draft Agenda-At-A-Glance is
available to assist with travel planning.
CALL FOR PROPOSALS
The call for proposals is currently open.
The deadline for submissions is July
22nd, 2022. CALACT conferences are
able to offer a wide variety of subjects
through topics submitted by members
and attendees. Have an idea? Please
submit your proposal on our website in
order to be considered for the Autumn
2022 Conference & Bus Show!
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EXPO & SPONSORSHIPS
CALACT is excited to once again offer
an interactive Expo and Bus Show at
our upcoming Autumn Conference.
Designed to maximize participation,
the Expo allows for networking and
product-based learning. Space for the
Expo is extremely limited. A show
prospectus will be available in early
July with registration and room block to
open July 11.
CALACT
916-920-8018
https://calact.org/autumn-conference-and-expo-2022/
See what's happening on our social sites:
Photos by Hyatt Sonoma Wine Country, Shutterstock Images
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 19, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager or his designee fully execute a purchase contract with Sourcewell in the amount of $ 39,610.64 to purchase one Hybrid SUV.
Recommendation:
Staff recommends City Council adopt a resolution.
Discussion:
Currently, the Fleet Department only has larger service trucks to use when bringing parts to the City from surrounding areas. This Is very inefficient due to the gas mileage the service trucks get and the cost of fuel. The Fleet Department will utilize th is new vehicle mostly for running parts, but also potentially for out-of-town training and quick local trips too. This will allow the Department to use much less fuel than by using their service truck to run back and forth.
In accordance with the City’s municipal code, the City may utilize joint powers agreements to procure equipment. The City is a member of Sourcewell.
Sourcewell is a national joint power agreement that allows the City to make equipment purchases without further competitive bidding. The City will be obtaining the SUVs using Sourcewell Contract No. 091521-NAF.
Fiscal Impact:
The City budgeted $166,000 in the 2022-23 budget (Project No. 22007) for three vehicles, one of which is an SUV for the Fleet Department. The funding for this SUV includes a $20,000 grant incentive from the Air Pollution Control District as shown in the budget. The SUV cost is $39,610.64 leaving $126,389.36 to purchase the other two vehicles specified in that Project Budget.
STAFF REPORT
City of Wasco
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Attachments:
1. Resolution
2. Sourcewell Quote
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER TO APPROVE A PURCHASE ORDER TO PURCHASE ONE HYBRID SUV FOR THE FLEET DEPARTMENT IN THE AMOUNT OF $39,610.64
WHEREAS, the City wishes to purchase an SUV from National Auto Fleet Group
WHEREAS, said Sourcewell purchase Agreement attached hereto as “Exhibit A” has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and,
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and,
WHEREAS, the City’s cost for the SUV in the amount of $39,610.64 is to be from the Capital Outlay Fund; and,
NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager to sign and execute a purchase order with National Auto Fleet Group to purchase one SUV for the Fleet Department in the amount of $39,610.64.
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I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022 , by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 19, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager or his designee to Execute an Agreement with Crosswhite Construction, Inc. in the amount of $81,650.00 for wrought iron fencing around the Annex Building parking lot.
Recommendation:
Staff recommends City Council adopt a resolution.
Discussion:
The parking lot on the East end of the Annex building where the Finance, Building , and Planning departments are located we have had issues with people wandering into the site. This parking lot also houses the City water tower and is where department vehicles are kept overnight.
Currently, this area has no fencing or gates to keep people from entering the lot as they please. This ability for people to access the parking lot, City Vehicles and Water Tower as they please poses risks to Staff, equipment, and the people who decide to enter the area.
The fencing being proposed will contain electronic gates similar to the ones used behind City Hall as well as a man gate to provide walking access in and out of the area. These gates are securable and will alleviate many of the risks noted above.
Fencing will be constructed and painted in a manner to match the fencing currently enclosing the backup generator behind the building.
The City of Wasco received Three Quotes from the following Vendors:
BID TOTAL
Crosswhite Construction, Inc. $ 81,650.00
San Joaquin Fence $ 97,475.00
Rudnick Fence Co. $ 123,978.00
STAFF REPORT
City of Wasco
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After reviewing the Quotes, Staff has determined that the quote from Crosswhite Construction, Inc. meets all of our criteria, and is the lowest cost for this proposed project. As such Staff recommends awarding the purchase to Crosswhite Construction, Inc.
Fiscal Impact:
The City originally budgeted $81,650.00 in the 2022-23 budget (Project No. 23014) for the installation of the fence and gates. This agreement would match that budgeted amount, no budget action is needed with approval of this item. General funds will be utilized to fund this Project.
Attachments:
1. Resolution
2. Agreement
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH CROSSWHITE
CONSTRUCTION, INC
WHEREAS, the City wishes to contract with Crosswhite Construction, INC. to construct fencing and gates around the Annex Parking Lot; and
WHEREAS, the services provided are described in the Agreement found in Exhibit “A”; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, Crosswhite Construction, INC. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and,
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and
WHEREAS, Crosswhite Construction, INC . agrees to comply with the State prevailing wage determinations in effect ten days prior to the award of this Project.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Approves the agreement with Crosswhite Construction, INC.
SECTION 2: Authorizes the City Manager or his designee to execute the agreement.
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I HEREBY CERTIFY that the foregoing Resolution No. 202 2 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 AGREEMENT No. 2022-____
THIS AGREEMENT made this ___________ day of _________, 2022, by and between the CITY OF WASCO, hereinafter "City ", and Crosswhite Construction, INC., a California Corporation, hereinafter "Contractor,"
W I T N E S S E T H:
WHEREAS, City wishes to hire Contractor to install fencing and gates at the Annex Parking Lot and such other services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") under the terms and conditions described hereinafter and Contractor is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Contractor hereby agrees to perform the Services under the terms and conditions described hereinafter.
3. Contractor shall perform the Services for a total price of not to exceed $81,650.00 (the "Total Price"). The Total Price shall be payable upon completion and acceptance of the Services by the City and after receipt of an invoice from Contractor which shall be subject to approval by the City Manager and the City Council.
4. Contractor shall complete the Services within thirty (30) working days after issuance of a Notice to Proceed by the City.
5. Contractor, at Contractor 's sole cost and expense, shall maintain throughout the term of this Agreement all worker' s compensation insurance where and in the amounts required by law and a comprehensive general public liability insurance policy from a company approved by the City for protection against liability to the public arising as an incident of Contractor 's performance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least ten (10) days notice prior to cancellation or reduction of coverage. In the event any such policy shall lapse or be canceled, City may, at City 's sole discretion, terminate this Agreement without further notice to the Contractor. Contractor shall provide City with a 39 of 107
2 Certificate of Insurance verifying Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor shall pay, and shall require subcontractors to pay, employees working for a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determination and wage standards for the State of California. In accordance with Section 1775 of California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and its subcontractors shall pay to persons employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours.
Contractor shall keep an accurate payroll record showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor.
7. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof and any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
8. In addition to any other method of termination described in this Agreement, City, in its sole and absolute discretion, may terminate this Agreement at any time upon ten (10) days written notice to Contractor. In the event of any such termination and except as otherwise described herein, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance.
City may terminate this Agreement upon twenty -four (24) hours’ notice to Contractor in the event of Contractor's default hereunder in which case, Contractor shall not be entitled to payment for any Services which were performed in breach of this Agreement. In addition to City's right to terminate this Agreement due to Contractor's default, City shall have all other remedies available under this Agreement in the event of Contractor's default as well as all remedies available at law or in equity.
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3 9. Contractor's Services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor 's relationship to City shall, during the term of this Agreement, be that of an independent contractor.
10. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor 's employees, subcontractors, agents, and representatives may encounter dangerous conditions on the premises where the Services are performed . Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor' s employees, sub contractors, agents, or representatives including any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by Contractor, or Contractor' s officers, employees , , subcontractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
11. Contractor shall not assign any portion of this Agreement to any other person or entity.
12. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.
13. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to be noticed or upon deposit in the United States mail, first class, postage prepaid, addressed as hereinafter described or when sent by facsimile tra nsmission or when sent by electronic mail ("Email"). The following shall be used in providing the foregoing notices: City- M. Scott Hurlbert, City Manager, 746 8
th Street, Wasco, California
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4 93280, Fax — (661) 758-7239,email: [email protected]; a nd :
Contractor Jeff Crosswhite, Crosswhite Construction, INC. , 17459 HARVEST GROVE COURT Bakersfield, CA 93314 Phone—(661) 889-8933, email:
[email protected] .
Any party may change its address or fax number by giving notice to the other party in the manner herein described.
14. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party 's attorney fees in such action.
15. This Agreement may only be amended by a writ ing executed by all parties.
16. Each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
17. This Agre ement contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
18. This Agreement may be executed in count erparts. A facsimile or electronic version of this Agreement shall be as effective as the original for all purposes.
19. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
20. Subject to the restrictions on assignment in Paragraph 1 3, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
21. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
22. Time is of the essence with regard to each covenant, condition, and 42 of 107
5 provision of this Agreement.
IN WITNESS WHEREOF , the parties have executed this Agreement on the date first hereinabove written.
_________________________________
M. SCOTT HURLBERT, City Manager,
City of Wasco, California, "City"
Crosswhite Construction, Inc.,
a California Corporation, "Contractor"
By: _____________________________
Jeff Crosswhite, President
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6 EXHIBIT “A”
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STAFF REPORT
CITY OF WASCO
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director
DATE: July 19, 2022
SUBJECT: Receive and File the Investment Report for the month ended May 31, 2022. _____________________________________________________________________________________
Recommendation:
Staff recommends the City Council receive and file the Investment Report for the month ended May 31, 2022.
Background:
This report is prepared and presented to the City Manager and City Council pursuant to the City’s Investment Policy requirements and the California Government Code. The City’s investment policy requires the Treasurer or Chief Fiscal Officer to render monthly investment reports to the City Manager and the City Council and requires specific information about the City’s investments to be presented in the report and that the report contains statements that:
1) The City is in compliance with its investment policy; and 2) The City is able to meet its expenditure requirements for the following six (6) months or provide an explanation of why sufficient funds will or may not be available.
The City’s investment strategy continues to prioritize its investment opportunities on t he following; in order of importance:
1) Safety;
2) Liquidity; and
3) Yield
This strategy is consistent with the Government Code and stresses keeping the citizens’ funds safe and available for operations rather than attempting to maximize returns by making riskier investments.
The Finance Department has prepared the Investment Report for the month ending May 31, 2022. This report meets the latest requirements of the City’s Investment Policy as 45 of 107
presented to the City Council on June 16 , 20 20, as well as Govern ment Code Section 53646.
Discussion:
The City’s total cash and investments market value on May 31 , 2022 , was $ 55,394,950 compared to $ 54,850,131 on April 30, 2022. This is a $ 547.819 increase from the previous month (a $523,725 increase on a cost basis).
Several monthly miscellaneous deposits and payments increased from last month to this month. This month did not have a notable transaction that resulted in a significant increase or decrease.
As of May 31, 2022, the City has $40.4 million (72.96%) of its Cash and Investment Portfolio held in the State of California Local Agency Investment Fund (“LAIF”), which earned 0.32 % during the quarter (ended March 31, 2022). This earnings rate exceeded the short -term benchmark. Other cash pools held a combined $7.1 million (12.60%) of the City’s Cash and Investment Portfolio. The City also has $ 1.25 million ( 2.77 % of its Portfolio) held by UnionBanc Investment Services (“UBIS”) and invested, pursuant to City instructions, in Certificates of Deposit and Governmental Securities with a Money Market account being used to maximize returns on otherwise idle cash.
The metrics used in the attached report are based on Securities issued by the United States Government. The short -term benchmark of 0. 69 % is the average earned by a 3- month Treasury Bill during the month ended May 31 , 2022 , and the long and medium- term benchmark of 0. 67 % is the average earnings of 2 -year and 3 -year treasury notes during that time frame. Lastly, the one- year U.S Treasury benchmark for the month ended May 31, 2022, was .38%.
All the information presented in this report is consistent with the disclosures included in the City’s Audited Financial Statements previously presented to the City Council.
Fiscal Impact:
There is no fiscal impact to this action.
Attachments:
1. Investment Report for the month ended May 31, 2022
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ATTACHMENT 1
362,814.44
35,167,686 35,352,740
Investment Report 32,808,198
Tuesday, May 31, 2022
Average Earnings Rate
this Month Metrics (3) Cost Market Value(1) Days % of Portfolio WAM (2) Investments
Local Agency Investment Fund (LAIF) - Beginning Available Quarterly 0.99% 40,218,942 40,416,529 Local Agency Investment Fund (LAIF) - Deposit Wells Fargo - - Local Agency Investment Fund (LAIF) - Total 40,218,942 40,416,529 7 72.96 % 0.01 Other Cash Pools:
CSJVRMA Investment Pool 1.29% 0.99% 2,278,690 2,196,415 7 3.96 % 0.00 Cal Trust Short Term Money Market Fund 0.69% 0.99% 1,593,752 1,594,213 1 2.88 % 0.02 Cal Trust Medium Term Money Market Fund 1.05% 2.71% 3,238,740 3,187,022 3 5.75 % 0.00 Certificates of Deposit 3.03% 2.71% 1,250,000 1,264,133 369 2.28 % 0.02 Money Market Funds (May 31, 2022 ) 0.01% 0.99% 272,003 272,003 1 0.49 % 0.00 Investments current month (May 31, 2022) 48,852,127 48,930,314 0.02 Investments previous month (April 30, 2022) 48,846,234 48,900,327 Net Investment Increase(Decrease) (May 31, 2022) 5,893 29,987 Cash on Hand (May 31, 2022) 6,467,636 6,467,636 1 13.22 % 0.00 6,467,636 6,467,636
Cash on Hand previous month (April 30, 2022) 5,949,804 5,949,804 1 - Total Deposits and Cash on Hand - Increase(Decrease) 517,832 517,832 Total Cash and Investments (May 31, 2022) 55,319,764 55,397,950 Total Cash and Investments previous month (April 30, 2022) 54,796,038 54,850,131 Investments held in trust by UnionBanc Investment Services, Inc (see Details on next page)
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ATTACHMENT 1
(1) Sources: State of CA PMIA, National Financial Services, LLC and published Sources (2) Weighted Average Maturity
(3) Metrics from public sources
● One-year U.S Treasury Benchmark .38%
Certificates of Deposit and Government Securities Held in trust by Unionbanc Investment Services May 31, 2022
Investment Tranche if applicable CUSIP Rate Maturity Cost Market Value(1) Days % of Portfolio WAM (2)
INSBANK NASHVILLE TENN 45776NCU8 3.050 % 9/21/2022 250,000 252,192.50 113 0.45 % 0.00 AMERICAN EXPRESS CENTRN 02587D2Q0 2.500 % 10/5/2022 250,000 251,925.00 127 0.45 % 0.00 AMERICAN EXP FED SVGS BK 02587CHK9 2.500 % 12/12/2022 250,000 252,097.50 195 0.45 % 0.00 COMENTITY CAP BK UTAH 20033AF43 3.300 % 9/14/2023 250,000 253,960.00 471 0.45 % 0.01 CITIBANK NATIONAL ASSOCIATION 17312QT33 3.300 % 9/21/2023 250,000 253,957.50 478 0.45 % 0.01 TOTAL CERTIFICATES OF DEPOSIT 1,250,000 1,264,132.50 369 2.28 % 0.02
MONEY MARKET FUNDS
FIDELITY TREASURY MMKT CAPITAL RESERVES FSRXX 0.010 % 6/1/2022 272,003 272,003 1 0.49 % 0.00 Total Held by Unionbanc Investment Services 1,522,003 1,536,135 370 2.77 % 0.02 (1) Sources: National Bank Financial Services, LLC
(2) Weighted Average Maturity
● Short Term Portfolio: 13 Week Treasury Bill Rate
(i) The City's Portfolio of Investments comply with the City's Investment Policy. (ii) According to Government Code Section 53646(b)(3) this report shall include a statement denoting the City's ability to meet its expenditure requirement for the next six months. The City has sufficient available funds on hand to meet its estimated expenditures for the next six months but is also relying on cash inflows to supplement its available funds.
● Long and Medium Term Portfolio: Average US Treasury Note 2 and 3 year rate (*) August include true-up adjustments from previous periods.
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STAFF REPORT
CITY OF WASCO
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director
DATE: July 19, 2022
SUBJECT: Adopt a Resolution authorizing the City Manager or Designee to enter into an Agreement for services between the City of Wasco and the Office of the State Controller, Division of Audits, to Prepare the Annual Street Report for the Fiscal Year Ended June 30, 2022.
_____________________________________________________________________________________
Recommendation:
Staff recommends the City Council Approve a resolution authorizing the City Manager or designee to enter into a Services Agreement between the City of Wasco and the Office of the State Controller, Division of Audits, to prepare the annual street report for the Fiscal Year ended June 30, 2022.
Background:
The City of Wasco is required to file an Annual Street Report at the end of each fiscal year. The California State Controller will assist in the preparation of this report on a cost recovery basis , not to exceed $ 3,000. There is a significant advantage in having the assistance of the State of California in preparing the report. The assistance provided by the State Controller's office is very valuable in creating an accurate and timely report. It should also be noted that if the State of California is involved in preparing the report, the more likely it is that the report will be accepted without further inquiry or audit. The cost of this report will be funded from the Gas Tax Revenues as allowed by the State.
Discussion:
Staff is recommending the approval of this resolution because the assistance provided by the State Controller's office is very valuable in creating an accurate and timely report.
It should also be noted that the closer we work with the State Controller 's office in preparing this report more likely it is that the report will be accepted without further inquiry or audit because the State will have already been involved in compiling the financial figures. The cost of this report will be funded from the Gas Tax Revenues as allowed by the State.
Fiscal Impact:
None; the cost will be charged to the Gas Tax Fund.
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Attachments:
1. Resolution
2. Agreement
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RESOLUTION NO. 2022 -_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE STATE
CONTROLLER, DIVISION OF AUDITS
WHEREAS, the City wishes to enter into an agreement with the Office of the State Controller, Division of Audits; and
WHEREAS, the Office of the State Controller, Division of Audits will provide services to prepare the annual street report for the Fiscal Year ended June 30, 2022; and
WHEREAS, said agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, the Office of the State Controller, Division of Audits, and the City each acknowledge that each party has reviewed the agreement; and
WHEREAS, the agreement shall be governed by and construed in accordance with the laws of the State of California
NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco that it hereby authorizes the City Manager or designee to enter into an agreement with the Office of the State Controller, Division of Audits and not to exceed $3,000.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution NO. 2022- was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
GILBERTO REYNA,
MAYOR of the City of Wasco
Attest:
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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BETTY T. YEE
California State Controller
July 1, 2022
Isarel Perez-Hernandez
Finance Director
City of Wasco
764 E Street
Wasco, CA 93280
Dear Mr. Perez-Hernandez:
The State Controller’s Office, Division of Audits, is available to assist in preparing your fiscal year 2021-22 Annual Street Report on a cost-recovery basis. The estimated cost for our assistance should not exceed $3000. This preparation fee may be charged to your Special Gas Tax Street Fund.
If you would like our office to provide this service, please complete and return:
The Contract for Services to Prepare the Annual Street Report; and The Contract Information Sheet for scheduling assistance.
Please return the above documents at your earliest convenience, to the State Controller’s Office, Division of Audits, Local Government Audits Bureau, by email at [email protected].
Scheduling priority will be given to those who respond promptly.
If you have any questions,
please email us or contact Lisa Tam at (916) 323-5932.
Sincerely,
Original signed by
EFREN LOSTE, CPA
Chief, Local Government Audits Bureau
Division of Audits
EL/lt
Enclosures
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BETTY T. YEE
California State Controller
CONTRACT FOR SERVICES TO PREPARE
THE ANNUAL STREET REPORT
This contract is executed between the State Controller’s Office (SCO), Division of Audits and the City of Wasco.
Whereas Section 2151 of the California Streets and Highways Code requires cities to file with the SCO on or before December 1 of each year, an Annual Street Report; and
Whereas the SCO is able to furnish and the city wishes to receive the services of the SCO to prepare its report; now therefore, in consideration of th e following promises and conditions, the parties hereby agree that:
I. For the fiscal year ended June 30, 2022, the SCO shall assist in the preparation of the city’s report, a non-audit service.
II. The report shall be in the form prescribed by the SCO.
III. The report shall include a statement of all revenues and expenditures concerning city streets, and shall be prepared from the city’s records made available to the SCO.
IV. The report will be prepared from the city’s unaudited records, and no determination shall be made at time of preparation regarding the accuracy of the records or the legality of the expenditures reported herein.
V. The city understands that the report is subject to subsequent review by the SCO and exceptions may be taken at the time regarding the legality of expenditures contained in the report, the accuracy of the records from which the report was prepared, or the accuracy of the report.
VI. The SCO will furnish sufficient personnel to complete the report on or before the report’s filing due date of D ecember 1, 2022 , except that the SCO is excused from such date if the city’s accounting records and personnel are not ready for the preparation of the report at the time scheduled by the SCO and the city, or if circumstances beyond the control of the parti es prevent completion.
VII. The city understands that this contract does not extend the filing due date of the report, and does not exempt the city from SCO’s withholding of highway users tax fund allocations if the city is delinquent in filing the report, in accordance to Section 2155 of the California Streets and Highways Code.
VIII. The city will designate a management -level individual to be responsible and accountable for overseeing the non-audit service.
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IX. The city will establish and monitor the performance of the non-audit service to ensure that it meets management’s objectives.
X. The city will make any decision that involves management functions related to the non-audit service and accept full responsibility for such decisions.
XI. The city will evaluate the adequacy of the services performed and review the completed report for accuracy.
XII. The SCO will furnish one copy of the completed report to the city.
XIII. This contract is subject to the SCO’s charges for services rendered, and such charges shall be computed in accordance with Sections 9210 and 9211 of the State Administrative Manual.
Charges shall include both direct and indirect costs, and shall be expressed in dollars per unit time whenever possible.
XIV. Except as provided in paragraph XV, the aggregate cost of services provided under this agreement shall not exceed $3000.
XV. If unforeseen circumstances develop during the course of the SCO’s preparation of the report and additional time is needed to complete preparation, the parties will confer; and if it is agreed that the preparation of the report is to continue, the SCO is to be compensated for any additional time required. In any case, the SCO shall be compensated for services rendered prior to the development of such unforeseen circumstances.
XVI. The city will pay the SCO for services rendered in a timely manner (including additional time pursuant to paragraph XV) and hereby warrants that funds are available from which payment may be made.
XVII. Either party may terminate this contract by giving seven days written notice. Notice is effective upon receipt. SCO will give notice to the city’s contracting officer or authorized representative.
Notice to SCO may be served by e-mail at [email protected]. During the seven-day period, the SCO may continue with the preparation of the report then in progress.
City of Wasco BETTY T. YEE
STATE CONTROLLER
By: ________________________________________
Signature
By:___________________________________
Printed Name:
____________________________________________
KIMBERLY TARVIN, CPA
Chief, Division of Audits
Title:
____________________________________________ Date:__________________________________ Address:
____________________________________________
____________________________________________
Date:________________________________________
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BETTY T. YEE
California State Controller
STREETS/ROADS REPORT CONTRACT INFORMATION SHEET
CITY OR COUNTY NAME: ____________________________________________________________ FINANCE DIRECTOR / AUDITOR-CONTROLLER NAME (Mr. or Ms.):
_____________________________________________________________________________________ E-MAIL ADDRESS: ___________________________________________________________________ PUBLIC WORKS DIRECTOR NAME (Mr. or Ms.):
_____________________________________________________________________________________ E-MAIL ADDRESS: ___________________________________________________________________ ANNUAL STREETS/ROADS REPORT CONTACT PERSON (Mr. or Ms.):
NAME: ______________________________________________________________________________ TITLE: ______________________________________________________________________________ E-MAIL ADDRESS: ___________________________________________________________________ TELEPHONE NUMBER: _______________________________________________________________ MAILING ADDRESS: _________________________________________________________________ _____________________________________________________________________________________ BILLING ADDRESS (IF DIFFERENT FROM ABOVE):______________________________________ _____________________________________________________________________________________ THE ANNUAL STREETS/ROADS REPORT IS DUE ON DECEMBER 1. AN SCO AUDITOR WILL
CONTACT THE CITY/COUNTY TO SCHEDULE THE REPORT PREPARATION UPON RECEIPT OF THE SIGNED CONTRACTS.
MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250-5874 55 of 107
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
DATE: July 19, 2022
SUBJECT: Introduce and Waive the First Reading by title only of an Ordinance of the City of Wasco Amending Title 9 “Public Peace, Morals, and Welfare” of the City of Wasco Municipal Code, Chapter 9 , to Establishing Regulations Prohibiting the Unlawful Possession of a Catalytic Converter and Making a Determination of Exemption Under CEQA.
Recommendation:
Staff recommends that the City Council introduce and waive the first read-by title only of the Ordinance, and make a determination that the items is exempt under CEQA.
Discussion:
The City of Wasco Municipal Code currently does not reference Catalytic Converter thefts. This ordinance will make it unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
According to State Farm, the company paid $2.5 million for 1,104 catalytic converter theft claims in 2019. In 2020, it paid out more than four times that amou nt for 4,507 catalytic converter theft claims. Last year, California made up almost one -third of all catalytic converter claims in the United States, with $23 million being spent on 9,057 catalytic converter theft claims within the state.
According to the Kern County Sheriff, in 2021, there were 27 catalytic converter thefts in Wasco reported, and from January 1, 2022, there have been 27 already. Based on the data, the catalytic convertor thefts are on track to double by the end of 2022 from 2021 in the City of Wasco. Replacing a catalytic converter can cost about $2,500.00 (Wasco victims have paid approximately $135,000.00 for 54 catalytic converter thefts ); for a severely disadvantaged community where the median household income is $39,291 (Source: U.S. Census 2022), coming up with $2500 to make a vehicle workable again, is a substantial financial impact on our residents.
Existing law makes it extremely difficult for local law enforcement officers to apprehend catalytic converter thieves despite the significant increase in catalytic converter thefts.
STAFF REPORT
City of Wasco
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This ordinance seeks to address the dramatic rise in catalytic converter thefts in Wasco by establishing regulations prohibiting the unlawful possession of catalytic converters in the City of Wasco.
Fiscal Impact:
None.
Attachments:
1. Ordinance 2022-
2. Kern County Sheriff Crime Statistics for Catalytic Converter Thefts
3. Notice of Public Hearing
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ORDINANCE NO.2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO , CALIFORNIA, AMENDING CHAPTER 9 OF THE WASCO MUNICIPAL
CODE, TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE) ESTA BLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA
WHEREAS, the City of Wasco, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; WHEREAS, the citizens of Wasco have experienced increased numbers of catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Wasco to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Wasco requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of Wasco and the Kern County Sheriff's Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Wasco and the Kern County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
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WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Wasco and the Kern County Sheriff's Department clear legal authority to better protect the public and deter this criminal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by this reference.
Section 2. Chapter 9 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 9 (Public Peace, Morals, and Welfare) of the Wasco Municipal Code is hereby added to read in its entirety as follows:
“Chapter 9 .46 (Unlawful Possession of a Catalytic
Converter Prohibited) of Title 9 (Public Peace, Morals, and Welfare)
9.46.010 Unlawful Possession of a Catalytic Converter Is Prohibited It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
9.46.020 Definitions
a. For purposes of this section, "lawful possession" includes (1) being the lawful owner of the catalytic converter or (2) in the possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."
b. For purposes of this section, "documentation or other proof" means the written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with photographs.
2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.
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3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated.
9.46.030 Violations
a. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Wasco Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
b. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.08 of Title 1 of this Code, for any person to violate any provision of this section. c. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law." Section 3. If any section, subsection, sentence, clause, phrase, or portion of t his Ordinance or Chapter 9.46.010 is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Wasco hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 4. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment.
Section 5. The City Clerk of the City of Wasco shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 6. This Ordinance shall take effect 30 days after the date of its passage and within 15 days of its passage shall be published in a newspaper of general circulation, printed and published in the City of Wasco.
INTRODUCED at a regular meeting of the City Council of the City of Wasco on the 19 th day of July 2022.
PASSED,AND ADOPTED at a regular meeting of the City Council of the City of Wasco this ___ day of ______ 2022.
I HEREBY CERTIFY t hat the foregoing Ordinance No. 202 2 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on ____ 2022, by the following vote:
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COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
GILBERTO REYNA,
MAYOR of the City of Wasco
Attest:
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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County-Wide Wasco County-Wide Wasco
632 27 258 27
Catalytic Converter Theft Reports Catalytic Converter Theft Reports 2021 01/01/2022 - 05/23/2022-YTD
Prepared by KCSO CAU - 05/25/2022 - ml
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: J uly 19, 2022
SUBJECT: Adopt a Resolution Amending the Traffic Impact Fee Rate Schedule.
Recommendation:
Staff recommends the City Council adopt the resolution.
Background:
On an annual basis, the City evaluates Traffic Impact Fees and updates accordingly.
Discussion:
Pursuant to Chapter 13.24 of the Wasco Municipal Code, Traffic Impact Fees are to be adjusted annually by reviewing the current April Engineering News Record Construction Cost Index (ENRCCI) from Los Angeles and San Francisco average and comparing it to the previous year’s ENRCCI average for the two cities. When the average of said indices differs from the average of the indices for the preceding April, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be compu ted by dividing the average ENRCCI for the current April by that pertaining to the previous April.
The individual transportation impact fee rates may be multiplied by the factor to determine the adjusted schedule of fees.
The increase for this year is calculated as follows:
ENRCCI April 2021: Los Angeles $12,139.56
San Francisco $13,157.41
Average: $12,648.48
ENRCCI April 2022: Los Angeles $13,698.12
San Francisco $15,103.81
Average: $14,400.96
Factor: $ 14,400.96 / 12,648.48 = + 1.1385
STAFF REPORT
City of Wasco
64 of 107
Current Traffic Impact Fee: $98.13 per daily trip
New Traffic Impact Fee = Current Traffic Impact Fee * Factor
$98.13 (Current Traffic Impact Fee) * 1.1385 (Factor) = $111.72 per daily trip (New Traffic Impact Fee)
The ENRCCI is an index of construction costs that take into account union wages and cost of materials. It is a method for tracking public improvement costs. The 1.14% increase is an appropriate amount for the change in costs for constructing or improving roadways. Therefore, it is recommended that the City follow the statutes of the Traffic Impact Fee Ordinance, setting one public hearing to consider passing a resolution approving the proposed fee increase.
Fiscal Impact:
The amount and type of new development will determine the amount of traffic impact fees collected.
Attachments:
1. Resolution
2. Exhibit A
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE TRAFFIC IMPACT FEE SCHEDULE PURSUANT TO CHAPTER 13.24 OF THE WASCO MUNICIPAL CODE (ORD. 02-469)
WHEREAS, the City Council of the City of Wasco adopted Ordinance 02 -469, adding Chapter 13.24 to the Wasco Municipal Code related to Traffic Impact Fees; and
WHEREAS, Section 13.24.070(B) calls for the City Engineer to adjust fees annually by comparing the average current Engineering News Record Construction Cost Index (ENRCCI) for the Cities of Los Angeles and San Francisco on April 1 of the current year to April 1 of the previous year; and
WHEREAS, the average factor of increase or decrease shall be applied to the schedule of fees by multiplying the current traffic impact fees by said factor; and
WHEREAS, the calculation and proposed new fee schedule is attached to Exhibit ‘A’; and
WHEREAS, the Traffic Impact Fees amended by this Resolution have a reasonable relationship between the fee and the type of particular development it will have on the City.
NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SECTION 1: That all of the facts in the recitals set forth above are hereby found to be true and that the City Council has jurisdiction in this matter.
SECTION 2: The City Council, pursuant to Chapter 13.24.070 of the Wasco Municipal Code, amends the Traffic Impact Fees as set forth in Exhibit “A ,” which is attached hereto and fully incorporated by this reference.
SECTION 3: The new Traffic Impact Fee schedule shall take effect sixty (60) days after the adoption of this resolution.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2021 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
GILBERTO REYNA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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EXHIBIT 'A'
Traffic Impact Fee Schedule
Fee Amount and Method of Trip Generation Calculation
Fee
New fee per daily trip $111.72
This fee was adjusted pursuant to Chapter 13.24 of the Wasco Municipal code (Ord. 02- 469).
Calculation of Daily Trip Generation Rates
Daily trip generation rates shall be calculated pursuant to the provisions of Chapter 13.24 of the Wasco Municipal Code (Ord. 02-469) using the Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles and San Francisco.
The increase for this year is calculated as follows:
ENRCCI April 2021: Los Angeles $12,139.56
San Francisco $13,157.41
Average: $12,648.48
ENRCCI April 2022: Los Angeles $13,698.12
San Francisco $15,103.81
Average: $14,400.96
Factor: $14,400.96 / 12,648.48 = + 1.1385
Current Traffic Impact Fee: $98.13 per daily trip
New Traffic Impact Fee: Current Traffic Impact Fee * Factor $98.13 * 1.1385 = $ 111.72 per daily trip
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: July 19, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager to Sign and Execute the First Amendment to Lease Agreement No. 2021-0 25 (1 ) with I&M Sheep Company to Permit Grazing on the City’s Municipal Ag Land.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to sign and execute the First Amendment to Lease Agreement No. 2021-0 25 (1) with I&M Sheep Company (“I&M”) to Permit Grazing on the City’s Municipal Ag Land.
Discussion:
On June 1 , 2021, the City Council approved WASTEWATER MUNICIPAL FARM LEASE Agreement No. 2021-025 with I&M Sheep Company (“I&M”) to graze on City-owned land adjacent to the wastewater treatment plant (the "Lease") in which Lessee leased from Lessor the real property described therein totaling approximately 696 acres in three parcels (the “Leased Land”). The 5-year lease runs from July 1, 2021 through June 30, 2026 with a 3% inflator applied July 1st of each lease year.
The grazing lease benefits the City through use of the treated wastewater to irrigate alfalfa and hay for sheep grazing. The land remains productive and excess water percolates to recharge the groundwater basin.
The City was approached by a third-party interested in leasing (for one year) a 160 acre portion of the Leased L and for a mulching operation. The company takes agricultural green waste, specifically pistachio hulls, leaves and twigs, and processes the material into a saleable mulch.
The proposal was presented to I&M, who is agreeable to a one-year, 160 acre reduction in their current lease. The specific parcel in question is the least suited for feed crop growth and grazing. A straight per-acre ratio was used to calculate the reduced lease rent for I&M and the lease rate for the new mulching operation. The temporary shift of land use does not impact the capacity of the reclaimed wastewater disposal activities performed by I&M but in fact provides an excellent test of diversified use of City lands.
STAFF REPORT
City of Wasco
72 of 107
Staff recommends the City Council authorize the City Manager to sign and execute the First Amendment to the original agreement. The dr afted amendment was reviewed by the City Attorney and by I&M Sheep Company.
Fiscal Impact:
There is no fiscal impact from approval of this First Amendment along with the corresponding mulching operation Lease Agreement. The loss and gain of revenues offset.
Attachments:
1. Agreement No. 2021-025
2. Resolution
3. First Amendment Agreement 2021-025 (1)
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 AGREEMENT NO. 2021- 025
WASTEWATER MUNICIPAL FARM LEASE
This Leaseis madeand enteredinto this 1Stday of June2021, betweenthe City of Vasco, a municipal corporation, hereinafter called " Lessor," and I& M Sheep Company hereinafter called " Lessee."
WITNESSETH
WHEREAS, Lessor owns improved farmland for the purpose of locating and maintainingthereonsewagedisposalfacilities for its City sewerservices; and WHEREAS, the Lesseedesiresto rent a portion of saidpropertyfor agriculturaluse; and
WHEREAS, it is the understandingof the parties that an important considerationfor the rental of this land is to provide for the reclaimed wastewater upon the premises ( hereinafter described), as it comes from the sewage disposal and treatment plant of the Lessor, as well as the continued development of the land for its improvement for irrigated agricultural purposes.
NOW THEREFORE, and in consideration of the mutual covenants herein contained, it is mutually agreedby andbetweenthepartiesheretoasfollows:
1. DESCRIPTION:
Lessor hereby leasesto Lessee and Lesseehires from Lessor, on the terms and conditions hereinaftersetforth, that certainreal propertyhereinafterreferredto asthe "premises" situated in theCountyof Kern, Stateof California, andmoreparticularlyfeaturedin Exhibit "A."
2. TERMS:
The term of the Lease shall be for a period of five ( 5) years ( the " Lease term"), commencing on July 1, 20215and terminating on June 305 20265unless earlier terminated as hereinafter described. As usedhereinafter, theterm "leaseyear" shallmeaneachcalendaryearfromJuly 1 to thefollowing June30. Lesseeis herebygrantedfour successiveoptions (the "Option") of one year each ( the " Option Term"), which Lesseemay exerciseby written notice to Lessorno laterthan 30 daysprior to the endof the Term or OptionTerm, asthe casemay be, and provided that Lessee is not then in default under this Lease. The Option is exclusive to Lessee, and Lessee may not assign the Option.
3. RENT:
Lesseeshall pay rentalto Lessorin cashin the amountof onehundredandtwenty-five thousandonehundredandforty-sevendollarsandseventy-six Cents ($125, 147. 76) per Lease year (" Rent") commencing on July 1, 2021. The Rent shall increaseon July 1 of each lease year
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- 8681- 512DB88C8704 thereafter as follows: 3% in the second lease year, 3% in the third lease year, 3% in the fourth lease year, and 3% in the fifth lease year, Rent shall be payable in advance in equal quarterly installments on July 15, O ct ob er 15, January 15, and April 15 of each leaseyear. The Rent during each Option Term, if applicable, shall be increased3% over the prior years. Rent at the commencement of each Option Term. The Rent in each Option Term shall be payable in advance in equalquarterly installments on July 15, October 15, January15, andApril 15 of eachOption Term.
Any holding over after the expiration of the Lease term, with the consent of Lessor, will not be considereda renewal but shall be treatedas a tenancy from month-to-month at a rental of 125% of the existing rental per month and shall otherwise be on the terms and conditions in this Lease as applicable.
4. ADDITIONAL RENT:
If Lesseefails to make a rental payment in a timely manner asprovided in Section 3, then Lessee shall be charged an additional ten percent ( 10%) of the quarterly rent amount, which is then due andwhich amount shall be consideredas additional rent. In addition, for any rent, which includes additional rent which is more than twenty ( 20) days past due, the Lessor may at its option place a U.C.C. 4 lien on any crop or cropson the premisesandtake any other action it deemsnecessary.
5. PERMITTED CROPS:
Only the permitted cropsassetforth in Title 22 of the California Code of Regulations governing secondary treated wastewater and non -edible crop production shall be grown on the premises.
Notwithstanding the foregoing, Lessee shall not grow cannabis or industrial hemp (hereinafter described) which are strictly prohibited for cultivation on the premises. The foregoing terms are defined as follows:
Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indicia, or Cannabis ruderalis, whether growing or not; the seedsthereof; the resin, whethercrudeor purified, extractedfrom anypart of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. " Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. " Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cakemadefrom the seedsof the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks ( except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
Industrial hemp" meansa fiber or oilseedcrop, or both, that is limited to types of the plant Cannabis sativaL. having no more thanthree -tenthsof 1percenttetrahydrocannabinol (T.H.C.) containedin the driedflowering tops, whethergrowing or not; the seedsof theplant; theresinextractedfrom anypart of the plant; and every compound, manufacture, salt, derivative, mixture, or preparationof the plant, its seeds or resin produced therefrom.
6. INSURANCE:
Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damagesto property which may arise from or in connection with the Lessee's operation and use of the leased premises.
Coverage shall be at least as broad as:
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704
1. Insurance Services Office Commercial General
Liability Coverage.
2. Worker's Compensationinsuranceasrequiredby the Stateof California andEmployer's Liability insurance.
3. Property insurance againstall risks of loss to any
Tenant improvements or betterments. Lessee shall
maintain limits no less than:
1. General Liability: $ 1,000,000 per occurrence for
Bodily injury, personal injury, andproperty damage. IfCommercial General Liability Insurance or other form with a general aggregate limit is used, eitherthe generalaggregatelimit shall apply separately to this project/ location, or the general aggregate limits shall be twice the required occurrence limit.
2. Employer' s Liability: $ 1,000,000 per accident for bodily injury or disease.
3. Full replacement cost with no coinsurance penalty provision.
Any deductibles or self- insuredretentionsmustbedeclaredt o and approved by the Lessor. At the option of the Lessor, either: the insurer shall reduce or eliminate such deductibles or se 1f -insured retentions as respects the Lessor, its officers, officials, employees, and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the Lessor guaranteeingpayment of losses and related investigations, claim administration and defense expenses.
The generalliability policy is to contain, or be endorsedto contain, the following provisions:
1. The Lessor, its officers, councilmembers, officials, employees, and volunteers are to be covered as insuredwith respectto liability arising out of ownership, maintenance, or use of that part of the premises leased to the Lessee.
2. The Lessee's insurancecoverageshall be primary insuranceasrespectsthe Lessor, its officers, councilmembers, officials, employees, and volunteers. Any insurance or self- insurance maintainedby the Lessor, its officers, councilmembers, officials, employees, or volunteers shall be excess of the Lessee' s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except afterthirty ( 30) daysprior written noticeby certified mail, return receipt requested, has been given to the Lessor.
Insuranceis to be placedwith insurerswith a current A.M. Best's rating of no lessthan A: VII.
Lessee shall furnish Lessor with the original certificatesandamendatoryendorsementeffecting coveragerequired by this clause. The endorsementshouldbe on forms provided by the Lessoror on other than the Lessor' s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements areto be receivedandapprovedby the Lessorprior to Lesseeoccupying the premises. The Lessor reserves the right to require complete, certified copies of all requiredinsurancepolicies, including endorsementsaffecting the coveragerequired by these _., G^ e 3 U O
ORIGINAL
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 specifications at any time. Lesseehereby agreesand acknowledgesthat the premiseshave been acceptedin an "asis" condition and without representationor warranty by Lessor asto fitness for any purpose or use.
7. CASUALTY INSURANCE:
The parties each specifically ack now 1edge that Lessorshall not be obligatedto keep the premisesinsured againstfire or any other insurable risk Lessee herebyand foreverwaives all right to claim or recover damagesfrom Lessor in any amountasthe result of any damageto the premisesby fire, earthquake, flooding, stem or any other casualty.
8. TAXES. ASSESSMENTS AND LIENS:
Lesseeagreesto pay, when due, all taxes, and assessmentswhich may be levied against Lessee's possessoryinterestin thepremisesand upon any crops orpersonalpropertywhich Lesseecauses to be grown, placed, or maintained uponthe premises, and agreesto keep t he premisesfree from all liens andencumbrancesby reason of the useof occupancyof the premisesby Lessee or any personclaiming under Lesseeexceptfor any UCC4 lien which is placedagainstthe crop or crops growing on the premises.
9. IMPROVEMENTS
Lessee shall not make any alterations, additions, or improvements upon the premises without the express prior written consent of Lessor. All alterations, additions, and improvements shall be done in a good and workman- like mannerand diligently prosecutedto completion, and shall beperformed and maintained in strict accordwith all laws and ordinancesrelating thereto. Unless otherwise expressly agreedto by Lessor, any and all alteration, additions, and improvements shall remain on and be surrendered with the premises upon the expiration or termination of this Lease Lessee agrees that all structures and improvements, such as fences, gates, towers, derricks, tanks, pipesor otherimprovements, whether of like or differentnaturethanthe foregoing, and excepting there from any personalproperty of Lessee's, shallbe andremain a part of thereal property and shall not be removed or damagedby Lesseeafter constructionor installation and shall be surrendered to Lessor upon termination of this Lease.
Lesseeagreesthat any and all irrigation pipelines, well -pumpingequipment, andotherstructures, buildings, and fixtures, appurtenanthereto, hereinafter collectively referred to as " irrigation equipment" locatedon the premises, ar e andshall remainthe property of the Lessorandshall be surrenderedin goodconditionandrepair, to be determinedby the City or repairedatthe sole cost of the Lessee. Notwithstanding the foregoing, the Lessor and Lessee agree to split the cost of all irrigation well repair equally up to the first $50,000. Any well repair thereafterwill be the Lessor's responsibility, provided, however, the Lessor will have the option to make repairs or terminate this L e a s e, and if Lessor chooses to terminate the L e asc, Lessor shall give Lessee thirty ( 30) days prior writtennotice and Lessorshall have no liability or responsibilityfor any damageor lossescaused to Lessee as a resultthereof including, without limitation, Lessee's loss of its cultural costs and crop.
Lesseeagreesthat any damageto equipmentand infrastructurecaused by Lesseeor any person visiting or doing businesswith Lessee on the premisesshall be repaired in good order at the sole Nxpense of Lessee.
D
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB8BC8704 Lesseewill maintain the areaimmediately outside the fence of the treatment plant in a clean, weed - free, and grass - free condition.
10. PESTICIDES AND HERBICIDES:
Lesseeagreesthat any and all pesticide or herbicide applicationson the premises shall be made in strict accordancewith all Federal, State, County, and local laws. Lesseefurther agreesto dispose of any pesticides, herbicides, or any other hazardousmaterialswhich are declaredto be either a health or environmental hazard in such a manner asprescribed by law. This shall include, but shall not be limited to, contaminatedcontainers, clothing, equipmentor anyother contaminated material.
11. UNDERGROUND TANKS:
Notwithstanding anything to the contrary set forth in this Lease, Lessee shall not have the right to install underground or aboveground storage tanks without the express prior written consent of the Lessor.
12. HAZARDOUS MATERIALS INDEMNITY:
Lesseehereby agreesto indemnify and hold harmless Lessor and it' s officers, employees, servants and agents from and against any and all claims, actions, losses, liabilities, damages, costs, attorney' s fees and other expenses (A) including, without limitation, all foreseeable and all unforeseeableconsequentialdamages, directly or indirectly arising out of theuse, generation, storage or disposal of Hazardous Materials on the premises, or arising out of the premises, and ( B) including, without limitation, the cost of any required or necessaryplans, to the full extent that suchaction is attributable, directly or indirectly, to the presence, or disposalof HazardousMaterials on the premises. As used in this SectionHazardousMaterials meansany flammable explosives, radioactive materials, asbestos, P.C.B.' s, hazardous waste, toxic substances of related materials, including, without limitation, substancesdefined as "hazardoussubstance", "hazardous materials" or toxic substances" in the Comprehensive Environmental response, Compensation and Liability action on 1980 as amended, 42 U. S. C., Section 9601, et seq.; the Hazardous Materials Transportation act, 49 U. S. C., Section1801, et seq.; the resourceConservationandRecoveryAct, 42 U.S.C., Section6901, et seq.; the Toxic SubstanceControlAct 15 U.S.C., Section2601, et seq.; any other Federal, State, County, or local law applicable to the premises, and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Lessee's previous ownership or possessionof the premises.
13. WATER:
Lesseeshall not removewater from the premisesto anyotherlocationwithout unittenpermissionof the Lessor, i n which event , Lesseeshall provide Lessor with a monthly written statementof water r e m o v e d . In addition, Lessee shall be solely responsible for all costs and expenses of transporting, extracting, and metering, andfor all reporting requiredto the Lessorandany other entities.
14. UTILITIES:
All charges andassessmentsfor or in connection with Lessee's useof the premisesincluding, without limitation, all utilities which may be furnishedto or used on the premisesby Lessee, shall E
U n
C
CfiNAL
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 be paid by Lesseeat Lessee's sole cost and expense.
15. WORKER' S COMPENSATION:
Lesseeis awareof theprovisionsof Section3700of the Labor Codewhichrequireeveryemployer to be insuredagainstliability for worker's compensationor to undertakeself-insurancein accordance with the provisions of that code, and will comply with suchprovisionsbefore commencingfarming under this contract.
16. MAINTENANCE:
Throughoutthetermof this LeaseLesseeshall, atLessee's solecostandexpense, repair, replace, keep and maintain the premises in good order, condition and repair. Lessee shall at Lessee' s own expense, takeall actionsandprecautionsnecessaryfor the careof the premisesincluding, but not limited to, irrigation, insect control, disease control, weed control, weed abatement in accordance with the Kern County Fire Department's annual Weed Abatement Program, rodent control, soil erosion control and any other items necessaryfor the useof the premises in accordancewith approved standardsof farming andagricultural practices. Lesseeshall, atits solecostandexpense, keepanybuildings, fences, irrigation systems or other improvements on or placed on the premises in • good repair and condition, Except as otherwise described in this Lease, Lessor shall not be obligated to repair, replace or maintain the premisesin any mannerthroughout the term of this Lease. Lesseeshallprovide a written reportto LessoratLessee's sole costandexpenseat theendof eachcalendarquartersettingforth the maintenancethat hasbeendoneandany structuresor improvementsthat havebeenconstructed. Lessor shallhavetheright to inspectthepremisesto confirm accuracyof eachreport.
Neither shall Lessor be obligated to perform any precautionary nor preventivemeasureswith respectto the premises, including, but not limited to, drainage and flood control measures. Should Lessor perform any of the foregoing, such servicesshall be at the sole discretion of Lessor, and the performanceof suchservicesshall not be construedas an obligation or warrantyby Lessorof future ongoing performanceof suchservices.
17. ASSIGNMENTS AND SUBLETTING:
Lesseemay subletthepremisesfor sheepgrazingundersuchtermsandconditionsasapprovedby Lessorin its soleandabsolutediscretion. Exceptfor theforegoing, Lesseeshallnot assignthe Lease, nor any interesttherein, and shallnot subletthe premisesor any part thereof, or any right or privilege appurtenant thereto, or suffer any other person ( the agents and servants of Lessee excepted) to occupy or use the premises, or any portion thereof, without the prior written consent of Lessor.
Saidconsentis atthesolediscretionof Lessor. Consentt o one assignment, subletting, occupationor useby anotherpersonshallnotbedeemedto be consentto anysubsequentassignment, subletting, occupation, or use by anotherperson. This Lease shall not, nor shall any interestherein, be assignable, as to the interest of Lesseeby operation of law, without the written consent of Lessor.
Any assignmentor subletting without such consent shall be void andshall, atthe option of Lessor, terminate this Lease.
18. INSOLVENCY OR BANKRUPTCY:
If Lesseeshallbe adjudged, bankruptor insolventthis Leaseshall thereuponimmediatelyterminate and the same shall not be treated as an asset of the Lessee under such adjudication, nor shall it pass under the control of any trusteeor assigneeby virtue of anyprocessin bankruptcyor insolvency, or by executionor assignmentfor thebenefit of creditors. If anysucheventoccurs, this Leaseshall D
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 immediatelybecomenull andvoid andof no effect, andtheLessormayimmediatelyretakepossession of the premises and all crops growing thereon.
19. STATUTORY COMPLIANCE:
Lessee will forthwith enter into possessionof the premisesand will assumethe duty and responsibility of disposal of all SecondaryWastewatertransferredfrom the treatment plant of the Lessor to Lessee. The Lessee will adhere to the State of California Department of Health Services Guidelines ( Title 22) for Use of SecondaryEffluentWastewater. Lesseewill notify the City in the eventthat theLesseecannot disposeof the SecondaryWastewaterin the approvedmann er, Lesseewill not usethe SecondaryWastewaterfor anyusenot prescribedin Title 22. Lesseewill take all SecondaryEffluent Wastewatertransferredto Lesseeby Lessorat all times, and if necessary, provide asump for short- term storage wheneverafluctuation in agricultureoperationdoesnotpermit continual usage.
It will be the sole responsibility of Lesseeto provide signageto inform the public that Reclaimed Wastewaterisbeingusedon thepremises. Thewarningsignsshouldbe postedat leastevery500 feet with a minimum of one sign at each corner and one at each access route unless additional signageis requiredby law. Lessorshallinitially provideLesseewith therequiredwarningsignswhich Lessor shall maintain, repair and replace as required.
Lessee shall, at Lessee's own cost and expense, take reasonable efforts to restrict public access to the premises. Lesseefurtheragreesto gradetheperimeterof thepremisesto preventpoundingalongany public road or other public area. Setbacks shall also be put into effect to limit and restrict the ReclaimedWastewaterfrom comingin contactwith thepublic and any otherwater sources.
Lessee shall permit Lessor and Lessor' s agents and/ or employees at all reasonable times, to enter the premises and to use the roads established in the premises now, andin the future, for the purpose of inspectingcompliancewith the terms of theLease.
20. INDEMNIFICATION AND HOLD HARMLESS:
Lesseeherebyagreesto defend, indemnify andhold harmlessthe Lessor and its City Council Members, officers, employees, servants, and agents from and against all claims, actions, liabilities, losses, damages, costs, attorney's fees and otherexpensesarisingout of any loss or damageto propertyor injuryto or deathof persons, resultingin any mannerwhatsoever, directlyor indirectly, by reasonof this Leaseor useor occupancyof thepremisesortheuseof SecondaryWastewaterby Lessee, or any person claiming under or through Lessee. The provision of this section shall survive the expiration or termination of this Lease.
21. PARTIES BOUND AND BENEFITTED:
The covenants and conditionsherein contained shall apply to and bind all successorsand assigns of the parties hereto.
22. NOTICES AND PAYMENTS:
Any noticeto begivenhereunderor at law to eitherpartyshallbedeemeddeliveredwhenpersonally servedon the party to be noticedor on thenextbusinessday following depositof the noticewith an overnightdeliveryserviceprovidedtheovernightcarrier'srecordsconfirmdelivery, orwhendeliveredby the United States mail, postage prepaid, registered or certified mail, return receipt requested with the date of signing (or refusalto sign) the returnreceiptdeemedthe dateof service, or forty-eight (48) hours following depositin the United Statesmail, postageprepaid, or when sentby confirmedfacsimile 7 U C
O
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 transmission or when sent by electronic mail " email"), The following shall be used in providing the foregoing notices:
LESSOR: THE CITY OF WASCO
Attention: City Manager
7 54 E Street
Wasco, CA 93280
Fax. ( 661) 758- 5411
Email: daortiz@ci. wasco. ca.us
LESSEE: I & M SheepCompany
Attention: Frankie Iturria
PO Box 5306
Bakersfield, CA 93388
Fax: N/ A
Email: fjithuriria@gmail. com
Either party may changeits addressby providing written notice to the other in the mannerdescribedherein.
23. PARTIAL INVALIDITY:
If anyterm, covenant, condition, or provision of this Leaseis found by a Court of competentjurisdiction to be invalid, void, or unenforceable, the remainder of this Lease shall nonetheless remain in full force and effect to the full extent allowed by law.
24. RIGHT TO TERMINATE LEASE IN WHOLE OR IN PART:
Lessormay terminatethis Leaseandretakepossessionof the entirepremisesor any portion thereof, at anytime by providing Lesseewith written notice of suchtermination at least six monthsprior to the date of any suchtermination . In the event Lessor shall retake only a portion of the premises, rentals, shall be abatedon a per acrebasis, any fractional componentroundedupward to the next acre. Lesseeshall refrain from planting or preparationof any land soremovedunlessanycropthereoncanbeharvested prior to the time setforth in the notice. Lesseehereby agreesto quit and surrenderpossessionof the premises at the termination of this Lease
25. MISCELLANEOUS
a). Eachindividualexecutingthis Lease representsandwarrantsthat he or she i s duly authorizedto executeanddelivertheLeaseonbehalfof theLessee, andthis Leaseshall be binding upon Lessee in accordance with its terns.
b). Lessor makes no warranties or representations as to the condition of the premises or their suitability for thepurposesfor which theLesseewill usethem. Lesseeacceptsthe premises "AS IS, WHERE IS, AND WITH ALL FAULTS" andherebyassumesthe risk of use of the premisesandreleasesLessor, its officers, councilmembers, employees, agents, and representativesfrom any and all claims relating to the condition of thepremises. Lesseerepresentsandwarrantsthatit hasreadandfully understandstheprovisions of Section 1542of the Civil Codeof California andwaives andreleasesany right or benefit which Lessee has thereunder which Section reads as follows:
A generalreleasedoesnot extendto claimswhich the creditoror releasingparty doesnotknowor suspectto existin his orherfavoratthetime of executingtherelease, and 81 of 107
DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 that if known by him or her would havematerially affectedhis or her settlementwith the debtoror releasedparty."
c). This Lease contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
anyactionis commencedarisingoutof or relatingto this Lease, theprevang partyshallbe entitled to its reasonableattorney's feesandactualcosts. e). This Leasemayonly be amendedby awriting executedby all parties. f). This Lease shall be governed by and construed in accordancewith the laws of the State of California.
g). Waiverby aparty of anyprovision of this Leaseshallnot beconsideredacontinuingwaiver or awaiver of anyotherprovision, including thetime for performanceof any suchprovision. h). Lessor's remedies for a tenant default described herein are not exclusive but are cumulative and in addition to all availableunderthelaw or in equity.
i). Paragraphheadingsin this Leaseareusedsolely for convenienceandshallbe disregardedin the construction of this Lease.
j). Onthelastdayof theLeaseterm, orextensionthereof, Lesseeshallpeaceablyandquietlyleave, surrender, and yield up to Lessor the premises in as good condition and repair as existed at the commencement of Lessee's occupancy, reasonableuse and wear there of excepted.
IN WITNESSWHEREOF, the partieshavecausedthis LeaseAgreementto be executedby their duly authorized representatives and the date first written above.
DocuSigned by:
4)I" aw pa" U YasW)W (fuYlirI&
I & M SheepCompany, Lessee
CITY OF WASCO, Lessor
DocuSigned by:
By. 9; 9;4 AARAF
auut, l, i Vttttij it,Vlna.V,,t,ryj
W NME" OlUTIZOHERNANDEZ,
City Manager
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DocuSign Envelope ID: C2641502- 19BF- 4A8E- B681- 512DB88C8704 EXHIBIT " A"
DESCRIPTION
PARCEL 1: The West Half ( W -''/ Z) of the Southeast Quarter ; and the Southeast Quarter ( SE -'/ 4) of the Southeast Quarter ( SE -'/ 4) and the South Half ( S-'/ 2) of the Northeast Quarter ( NE -'/ 4) of the Southeast Quarter ( SE - 1/4); and the South Half ( S-'/ 2) of the Northeast Quarter NE -1/4) in Section 9, Township 27 South, Range24 East, M.D.BM., in the County of Kern, Stateof California; containing220 acres, more or less.
PARCEL 2: The Northwest Quarter (NW -'/4) in Section 16, Township 27 South, Range24 East, M.D.B.M., in the County of Kern, State of California;
EXCEPTING the West 30 feet thereof.
Containing 158 acres, more or less.
PARCELS: The North Half ( N-'/ 2) of Section 17, 27 South, Range 24 East, M.D.B.M., in the County of Kern, Stateof California; containing 318 acres, more or less.
SAVE AND EXCEPT, AND RESERVING to the Lessor all lands
reasonablynecessaryfor the sewagedisposaltreatmentplant, andfuture additions and developmentasmay be required by the Lessor, 10 U
n
G
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DocuSign Envelope ID: FC6A5D5C- 6BF6- 4877- BOA9- 539E16D86748 RESOLUTION NO. 2021 - 3613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING Inc CITY
MANAGER TO SIGN AND EXECUTE AGREEMENT WITH I & M SHEEP COMPANY TO LEASE 696 ACRES OF MUNICIPAL LAND FOR AGRICULTURAL PURPOSES WHEREAS, the City of Wasco owns 696 acres of municipal land located near the Wastewater Treatment Plant;
WHEREAS, the City leases this municipal land out for agricultural purposes as a mutual benefit for effluent water management; and
WHEREAS, I & M Sheep Company will lease the 696 acres based on the terms and conditions outlined in the agreement attached as Exhibit " A"; and WHEREAS, said agreement was drafted by the City Attorney and reviewed by I & M Sheep Company;
NOW THEREFOREBEIT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager to endorse and execute an agreement with I & M Sheep Company to lease 696 acres of municipal land for agricultural purposes.
000-
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DocuSign Envelope ID: FC6A5D5C- 6BF6- 4877- BOA9- 539E16D86748 HEREBYCERTIFYthat the foregoing Resolution No. 2021 - 3613 was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on June 1, 2021, by the following vote:
COUNCIL MEMBERS:
AYES: GARCIA, REYNA, CORTEZ, MARTINEZ, PALLARES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DocuSigned by: //
WG!/ xa, n NG L( i6Gi
ALEXANDRO GARCIA,
MAYOR of the City of Wasco
Attest:
6/ 2/ 2021
DocuSigned' oy:
f?orv ca oara
MON11CA FLORES
DEPUTY CITY CLERK and r x Officio Clerk of
the Council of tree City of Wasco
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE THIRD AMENDMENT TO AGREEMENT NO. 2021- 004 WITH I&M SHEEP COMPANY TO PERMIT GRAZING ON THE CITY’S MUNICIPAL AG LAND
WHEREAS, the City owns and leases municipal land for agricultural purposes ; and,
WHEREAS, I&M Sheep Company has historically used the City’s agricultural land to graze sheep, specifically land located at APN 487 -200-04, 487-140-52, and 487-180-01; and,
WHEREAS, the City wishes to amend Agreement No. 2021-004 with I&M Sheep Company to temporarily reduce the number of acres under lease from 696 acres to 536 acres for one year; and,
WHEREAS, the City will benefit by entering a separate agreement to use the 160 acres reduced from the I&M Sheep Company lease to enter a land lease for an agricultural green waste mulching operation; and
WHEREAS, the City and I&M Sheep Company reviewed the terms and conditions of the agreement; and
WHEREAS, the area affected is reflected in Exhibit “A”;
NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager or his designee to endorse the third amendment to Agreement No. 2021 -004 with I&M Sheep Company to temporarily reduce the number of acres under lease from 696 acres to 536 acres for a period of one year.
SECTION 2: The Agreement shall not be valid unless and until so approved by the City Attorney and executed by the City Manager upon satisfaction of the requirements and contingencies identified herein.
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-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest: _______________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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FIRST AMENDMENT TO LEASE AGREEMENT NO. 2021 – 025 (1)
THIS AMENDMENT TO LEASE (the " First Amendment") made this 19th day of July 2022 , by and between the CITY OF WASCO ( the "Lessor") and FRANCISCO ITURRIRIA dba I&M SHEEP COMPANY (the "Lessee"),
WITNESSETH :
WHEREAS, Lessor and Lessee entered into that certain lease agreement entitled Lease Agreement No. 2021-0 25 dated June 1, 2021 (the "Lease") in which Lessee leased from Lessor the real property described therein and the parties wish to amend the Lease as more particularly described and pursuant to the terms hereinafter set forth; and
WHEREAS, the current lease year as defined in the Lease begins July 1, 2022 and ends June 30, 2023; and
WHEREAS, a third party has expressed interest in leasing, a portion of the real property covered by said Lease for one year; and
WHEREAS, Lessee is agreeable to reduce the amount of real property covered under Lease for one year by 160 acres, (from 696 acres to 536 acres) and the Lessor is agreeable to amending Lease and creating a new lease with the third party, covering that 160-acre portion of real property.
NOW, THEREFORE, the parties hereby amend the Lease as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim. The capitalized terms used herein shall have the same meaning as in the Lease unless otherwise specifically described herein.
2. The parties hereby amend Exhibit “A” of the Lease to modify the description of Parcel 3:
to read:
The Northeast Quarter (NE-1/4) of Section 17, Township 27 South, Range 24 East, M.D.B.M., in the County of Kern, State of California; containing 158 acres, more or less.
3. The parties to the Lease hereby agree to an adjustment of rent due for the current lease year as follows:
a. The third-party lease for the 160 acres will run from August 1, 2022 through July 31, 2023.
b. Accounting for the reduction in acreage beginning August 1, 2022, total annual rent for the current lease year shall be reduced from $128,902.19 to $ 101,738.90 representing a net reduction of $27,163.29.
c. Lessee has paid the first quarterly payment for the Lease covering the period July 1, 2022 through September 30, 2022 in the amount of $32,225.55 leaving an amount due for the remainder of the lease year equaling: $69,513.35. d. Remaining payments for this lease year shall be $23,171.12 per quarter, due and payable on or before October 15, 2022, January 15, 2023, and April 15, 2023. e. Unless otherwise amended, the rent under Lease for the month of July, 2023 shall also be calculated using the reduction in acreage, thereby reducing the annual total due for lease year 2023-2024. Following July of 2023, the Lease shall return to covering 696 acres and rent due under the Lease shall be calculated using that full acreage amount. 88 of 107
4. Except as amended herein, the parties hereby reaffirm the Lease and each and every term and condition described therein. Any inconsistency or ambiguity between this First Amendment and the Lease shall be resolved in favor of this First Amendment.
5. This First Amendment may be executed in counterparts. A facsimile or electronic copy of this fully executed First Amendment shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives and to be effective on the date first written above.
For: I&M Sheep Company, Inc., Lessee
By: _____________________________________
FRANCISCO ITURRIRIA
For: CITY OF WASCO, Lessor
By: _____________________________________
M. Scott Hurlbert, City Manager
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EXHIBIT “A”
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: July 19, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager to Sign and Execute a Lease Agreement with Marlow Ag Logistics, Inc. to Permit an Agricultural Green Waste Mulching Operation on 160 Acres of the City’s Municipal Ag Land.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to sign and execute a one-year Lease Agreement with Marlow Ag Logistics, Inc. to Permit an Agricultural Green Waste Mulching Operation on 160 Acres of the City’s Municipal Ag Land.
Discussion:
The City currently leases approximately 696 acres of Municipal Ag Land to I&M Sheep Company (“I&M”) under WASTEWATER MUNICIPAL FARM LEASE Agreement No. 2021- 025.
I&M uses treated City wastewater (reclaimed water) to irrigate feed crops (alfalfa and hay) and graze sheep on the leased land. The grazing lease benefits the City through use of the treated wastewater to irrigate alfalfa and hay for sheep grazing. The land remains productive and excess water percolates to recharge the groundwater basin.
The City was approached by Marlow Ag Logistics, Inc. (“Marlow”) interested in l easing (for one year) a 160 acre portion of the leased land for a mulching operation. The company takes agricultural green waste, specifically pistachio hulls, leave and twigs, and processes the material into a saleable mulch. The City land is ideally loca ted approximately 1.5 miles from the primary provider of the agricultural green waste material.
The proposal was presented to I&M, who is agreeable to a one year, 160 acre reduction in their current lease. The specific parcel in question is the least suit ed for feed crop growth and grazing. A straight per-acre ratio was used to calculate the reduced lease rent for I&M and the new lease rate for Marlow’s mulching operation. The temporary shift of land use does not impact the capacity of the reclaimed wastewater disposal activities performed by I&M and provides an excellent test of diversified use of City lands.
STAFF REPORT
City of Wasco
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Staff recommends the City Council authorize the City Manager to sign and execute the Lease Agreement with Marlow Ag Logistics, Inc. The drafted agr eement was reviewed by the City Attorney and by Marlow Ag Logistics, Inc.
Fiscal Impact:
There is no fiscal impact from approval of this mulching operation Lease Agreement along with the corresponding Third Amendment to the I&M Sheep Company Lease. The gain and loss of revenues offset.
Attachments:
1. Agreement No. 2022 - ___
2. Resolution
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AGREEMENT NO. 2022- WITH MARLOW AG LOGISTICS, INC. TO PERMIT AN AGRICULTURAL GREEN WASTE MULCHING OPERATION ON THE CITY’S MUNICIPAL AG LAND
WHEREAS, the City owns and leases municipal land for agricultural purposes ; and,
WHEREAS, Marlow Ag Logistics, Inc. wishes to operate an agricultural green waste (specifically pistachio hulls, leaves and twigs) mulching operation on approximately 160 acres of the City’s agricultural land , specifically the Northwest Quarter (NW ¼) of Section 17, Township 27 South, Range 24 East, M.D.B.M., in the County of Kern, State of California; and
WHEREAS, the City has approved a First Amendment to Agreement No. 2021- 025 with I&M Sheep Company to temporarily reduce the number of acres under that lease from 696 acres to 536 acres for one year; and
WHEREAS, the City will benefit by entering a separate agreement to use the 160 acres reduced from the I&M Sheep Company lease to enter a one- year land lease for an agricultural green waste mulching operation with Marlow Ag Logistics, Inc.; and
WHEREAS, the City Attorney and Marlow Ag Logistics, Inc. reviewed the terms and conditions of the agreement; and
WHEREAS, the area affected is reflected in Exhibit “A”.
NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager or his designee to endorse a one- year Lease Agreement with Marlow Ag Logistics, Inc. to permit an agricultural green waste mulching operation on the City’s Municipal Ag Land.
SECTION 2: The Agreement shall not be valid unless and until so approved by the City Attorney and executed by the City Manager upon satisfaction of the requirements and contingencies identified herein.
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-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 19, 2022, by the following vote:
COUNCIL MEMBERS: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Gilberto Reyna,
MAYOR of the City of Wasco
Attest: _______________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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EXHIBIT “A”
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AGREEMENT NO. 2022 –
WASTEWATER MUNICIPAL FARM LEASE
This Lease is made and entered into this 19th day of July 2022, between the City of Wasco, a California municipal corporation, hereinafter called "Lessor," and Marlow Ag Logistics, Inc. hereinafter called "Lessee."
WITNESSETH
WHEREAS, Lessor owns land for the purpose of locating and maintaining thereon wastewater disposal facilities for its City sewer services; and
WHEREAS, the Lessee desires to rent a portion of said property for production of mulch from agricultural green waste, specifically including pistachio hulls, leaves and twigs; and
WHEREAS, it is the understanding of the parties that an important consideration for the rental of this land is to maintain its use as recharge of reclaimed waste water upon portions of the premises (hereinafter described), as it comes from the sewage disposal and treatment plant of the Lessor; and
WHEREAS, it is the understanding of the parties that an important consideration for the rental of this land is that such use will not conflict with the continued use of adjacent Lessor properties as leased grazing land.
NOW THEREFORE, and in consideration of the mutual covenants herein contained, it is mutually agreed by and between the parties hereto as follows:
1. DESCRIPTION:
Lessor hereby leases to Lessee and Lessee hires from Lessor, on the terms and conditions hereinafter set forth, that certain real property hereinafter referred to as the "premises" situated in the County of Kern, State of California, and more particularly featured in Exhibit "A."
2. TERMS:
The term of the Lease shall be for a period of one (1) year (the "Lease term"), commencing on August 1, 2022, and terminating on July 31, 2023, unless earlier terminated as hereinafter described. As used hereinafter, the term "lease year" shall mean each calendar year from August 1 to the following July 31.
3. RENT:
Lessee shall pay rental to Lessor in cash in the amount of twenty -nine thousand seven hundred seven dollars ($29, 707.00) per Lease year ("Rent") commencing on August 1, 2022. Rent shall be payable in advance in equal quarterly installments of seven thousand four hundred twenty-six dollars and seventy - five cents ($7,426.75) on August 15, 2022 , November 15, 2022, February 15, 2023, and May 15, 2023 of the lease year.
Any holding over after the expiration of the Lease term, with the consent of Lessor, will not be considered a renewal but shall be treated as a tenancy from month-to-month at a rental of 125% of the existing re ntal per month and shall otherwise be on the terms and conditions in this Lease as applicable. 96 of 107
4. ADDITIONAL RENT:
If Lessee fails to make a rental payment as provided in Section 3, then Lessee shall be charged an additional ten percent (10%) of the quarterly rent amount, (the “Late Charge”) and the quarterly rent amount plus the Late Charge shall be payable within twenty (20) days from the date when the quarterly payment was due and if full payment is not then made, Lessee shall be deemed in default.
5. PERMITTED USE:
Lessee may use the premises solely for the production of mulch from agricultural green waste specifically including pistachio hulls, leaves and twigs (the “Permitted Use”). The premises may only be used for the Permitted Use and no crops shall be grown on the premises nor any other use made of the premises.
6. INSURANCE:
Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General
Liability Coverage.
2. Worker's Compensation insurance as required by the State of California and Employer's
Liability insurance.
3. Property insurance against all risks of loss to any Tenant improvements or betterments. Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for Bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limits shall be twice the required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Full replacement cost with no coinsurance penalty provision.
Any deductibles or self -insured retentions must be declared to and approved by the Lessor. At the option of the Lessor, either: the insurer shall reduce or eliminate such deductibles or se l f -insured retentions as respects the Lessor, its officers, officials, employees, and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the Lessor gu aranteeing payment of losses and related investigations, claim administration and defense expenses.
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The Lessor, its officers, councilmembers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of ownership, maintenance, or use of that part of the premises leased to the Lessee.
2. The L
essee's insurance coverage shall be primary insurance as respects the Lessor, its 97 of 107
officers, councilmembers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Lessor, its officers, councilmembers, officials, employees, or volunteers shall be excess of the Lessee's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Lessor.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII.
Lessee shall furnish Lessor with the original certificates and amendatory endorsement effecting coverage required by this clause. The endorsement should be on forms provided by the Lessor or on other than the Lessor's forms, provided those endorsements or policies conform to the requirements.
All certificates and endorsements are to be received and approved by the Lessor prior to Lessee occupying the premises. The Lessor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Lessee hereby agrees and acknowledges that the premises have been accepted in an "as is" condition and without representation or warranty by Lessor as to fitness for any purpose or use.
7. CASUALTY INSURANCE:
The parties each specifically acknowledge that Lessor shall not be obligated to keep the premises insured against fire or any other insurable risk Lessee hereby and forever waives all right to claim or recover damages from Lessor in any amount as the result of any damage to the premises by fire, earthquake, flooding, stem or any other casualty.
8. TAXES. ASSESSMENTS AND LIENS:
Lessee agrees to pay, when due, all taxes, and assessments which may be levied against Lessee's possessory interest in the premises and upon any product or personal property which Lessee causes to be placed, or maintained upon the premises, and agrees to keep the premises free from all liens and encumbrances by reason of the use of occupancy of the premises by Lessee.
9. IMPROVEMENTS:
Except as provided herein, Lessee shall not make any alterations, additions, or improvements upon the premises without the express prior written consent of Lessor, which consent shall be given at the sole and absolute discretion of Lessor. All alterations, additions, and improvements shall be done in a good and workman- like manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all laws and ordinances relating thereto. Unless otherwise expressly agreed to by Lessor, any and all alteration, additions, and improvements shall remain on and be surrendered with the premises upon the expiration or termination of this Lease.
The Parties acknowledge that Lessee’s use of the premises will require initial clearing and leveling of the premises, and ongoing deposit and manipulation of agricultural green waste, and removal of resulting mulch product. Lessee agrees that all existing structures and improvements, such as fences, gates, perimeter berms , pipes, monitoring wells, and ponds, shall be and remain a part of the real property and shall not be removed 98 of 107
or damaged by Lessee. Lessee agrees that any damage to structures and improvements caused by Lessee or any person visiting or doing business with Lessee on the premises shall be repaired in good order at the sole expense of Lessee and to Lessor’s reasonable satisfaction.
Except during initial clearing and leveling of the premises, primary access for operations upon the premises shall be limited to the western boundary of the premises, north of the existing pond structures and south of the areas graded to contain excess Reclaimed Wastewater flows . Lessee shall coordinate with Lessor to determine specific locations for ingress and egress from the adjacent unpaved roadway. Such coordination will also consider and establish the disposition of existing fences and perimeter berms.
10. PESTICIDES AND HERBICIDES:
Lessee agrees that any and all proposed pesticide or herbicide applications on the premises shall be fully disclosed to Lessor and approved in writing at the sole and absolute discretion of Lessor prior to such application. If such application is approved by Lessor, the application shall be made in strict accordance with all Federal, State, County, and local laws. Lessee further agrees to dispose of any pesticides, herbicides, or any other hazardous materials which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material.
11. UNDERGROUND TANKS:
Notwithstanding anything to the contrary set forth in this Lease, Lessee shall not have the right to install underground or aboveground storage tanks without the express prior written consent of the Lessor.
12. HAZARDOUS MATERIALS INDEMNITY:
Lessee hereby agrees no use, generation, storage or disposal of Hazardous Materials shall occur on the premises, provided, however, that if Lessee should be in default of its obligation hereunder and use, generate, store, or dispose of Hazardous Materials on the premises, Lessee, at its sole expense, shall clean up, remediate, remove and restore the premises to its condition prior to Lessee’s possession of the premises and to the reasonable satisfaction of Lessor. In the event of Lessee’s default hereunder Lessee hereby agrees to indemnify and hold harmless Lessor and it's officers, councilmembers, employees, servants and agents from and against any and all claims, actions, losses, liabilities, damages, costs, attorney's fees and other expenses (A) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Materials on the premises, or arising out of the premises, and (B) including, without limitation, the cost of any required or necessary plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or disposal of Hazardous Materials on the premises.
As used in this Section Hazardous Materials means any flammable explosives, radioactive materials, asbestos, P.C.B.'s, hazardous waste, toxic substances of related materials, including, without limitation, substances defined as "hazardous substance", "hazardous materials" or "toxic substances" in the Comprehensive Environmental response, Compensation and Liability action on 1980 as amended, 42 U.S.C., Section 9601, et seq.; the Hazardous Materials Transportation act, 49 U.S.C., Section 1801, et seq.; the resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et seq.; the Toxic Substance Control Act 15 U.S.C., Section 2601, et seq.; any other Federal, State, County, or local law applicable to the premises, and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. 99 of 107
The provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Lessee's previous ownership or possession of the premises.
13. WATER:
Lessee shall not use or remove any water from the premises to any other location without express prior, written permission of the Lessor which may be given or denied in Lessor’s sole discretion.
14. UTILITIES:
All charges and assessments for or in connection with Lessee's use of the premises including, without limitation, all utilities which may be furnished to or used on the premises by Lessee, shall be paid by Lessee at Lessee's sole cost and expense.
15. WORKER'S COMPENSATION:
Lessee is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing activities under this contract.
16. MAINTENANCE:
Throughout the term of this Lease Lessee shall, at Lessee's sole cost and expense, repair, replace, keep and maintain the premises in good order, condition and repair. Lessee shall at Lessee's own expense, take all actions and precautions necessary for the care of the premises including, but not limited to, irrigation, insect control, disease control, weed control, weed abatement in accordance with the Kern County Fire Department's annual Weed Abatement Program, rodent control, soil erosion control and any other items necessary for the use of the premises in accordance with approved standards of farming and agricultural practices. Lessee shall, at i ts sole cost and expense, keep any, fences, irrigation systems or other improvements on or placed on the premises in good repair and condition. Except as otherwise described in this Lease, Lessor shall not be obligated to repair, replace or maintain the premises in any manner throughout the term of this Lease. Lessee shall provide a written report to Lessor at Lessee's sole cost and expense at the end of each calendar quarter setting forth the maintenance that has been done and any structures or improvements that have been constructed. Lessor shall have the right to inspect the premises to confirm accuracy of each report.
Neither shall Lessor be obligated to perform any precautionary nor preventive measures with respect to the premises, including, but not limited to, drainage and flood control measures. Should Lessor perform any of the foregoing, such services shall be at the sole discretion of Lessor, and the performance of such services shall not be construed as an obligation or warranty by Lessor of future ongoing performance of such services.
17. ASSIGNMENTS AND SUBLETTING:
Lessee shall not assign the Lease, nor any interest therein, and shall not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of Lessee excepted) to occupy or use the premises, or any portion thereof, without the prior written consent of 100 of 107
Lessor. Said consent is at the sole discretion of Lessor. Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation, or use by another person. This Lease shall not, nor shall any interest herein, be assignable, as to the interest of Lessee by operation of law, without the written consent of Lessor. Any assignment or subletting without such consent shall be void and shall, at the option of Lessor, terminate this Lease.
18. INSOLVENCY OR BANKRUPTCY:
If Lessee shall be adjudged, bankrupt or insolvent this Lease shall thereupon immediately terminate and the same shall not be treated as an asset of the Lessee under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or b y execution or assignment for the benefit of creditors. If any such event occurs, this Lease shall immediately become null and void and of no effect, and the Lessor may immediately retake possession of the premises and all crops growing thereon.
19. STATUTORY COMPLIANCE:
The Lessee will adhere to the State of California Department of Health Services Guidelines (Title 22 of the California Code of Regulations (Title 22)) for u se of Secondary Effluent Wastewater (Reclaimed Wastewater) to the extent that such Reclaimed Wastewater may at times be present on the premises. Lessee shall be solely responsible for determining the effect of such Reclaimed Wastewater coming into contact with its agricultural green waste (hulls, leaves and twigs) or its mulch product , provided, however, that Lessee shall defend, indemnify, and hold harmless the Lessor and its councilmembers, officers, employees, servants, and agents from and against the failure of Lessee to abide by Title 22 and the resultant claims arising therefrom. .
Lessee shall, at Lessee's own cost and expense, take reasonable efforts to restrict public access to the premises. Lessee further agrees to grade the perimeter of the premises to prevent pounding along any public road or other public area. Setbacks and berms shall be maintained to limit and restrict the Reclaimed Wastewater from coming in contact with adjacent properties, the public and any other water sources.
Lessee shall permit Lessor and Lessor's agents and/or employees at all reasonable times, to enter the premises and to use the roads established in the premises now, and in the future, for the purpose of inspecting compliance with the terms of the Lease.
20. INDEMNIFICATION AND HOLD HARMLESS:
Lessee hereby agrees to defend, indemnify and hold harmless the Lessor and its City Council Members, officers, employees, servants, and agents from and against all claims, actions, liabilities, losses, damages, costs, attorney's fees and other expenses arising out of any loss or damage to property or injury to or death of persons, resulting in any manner whatsoever, directly or indirectly, by reason of this Lease or use or occupancy of the premises or the use of Reclaimed Wastewater by Lessee, or any person claiming under or through Lessee. The provision of this section shall survive the expiration or termination of this Lease.
21. PARTIES BOUND AND BENEFITTED:
The covenants and conditions herein contained shall apply to and bind all successors and assigns of the 101 of 107
parties hereto.
22. NOTICES AND PAYMENTS:
Any notice to be given hereunder or at law to either party shall be deemed delivered when personally served on the party to be noticed or on the next business day following deposit of the notice with an overnight delivery service provided the overnight carrier's records confirm delivery, or when delivered by the United States mail, postage prepaid, registered or certified mail, return receipt requested with the date of signing (or refusal to sign) the return receipt deemed the date of service, or forty-eight (48) hours following deposit in the United States mail, postage prepaid, or when sent by confirmed facsimile transmission or when sent by electronic mail ("email"). The following shall be used in providing the foregoing notices:
LESSOR: THE CITY OF WASCO
Attention: City Manager
764 E Street
Wasco, CA 93280
Fax: (661) 758-5411
Email: [email protected]
LESSEE: Marlow Ag Logistics, Inc.
Attention: Erica Marin
____________________________
Wasco, CA 93280
Email: [email protected]
Either party may change its address by providing written notice to the other in the manner described herein.
23. PARTIAL INVALIDITY:
If any term, covenant, condition, or provision of this Lease is found by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Lease shall nonetheless remain in full force and effect to the full extent allowed by law.
24. RIGHT TO TERMINATE LEASE IN WHOLE OR IN PART:
Lessor may terminate this Lease and retake possession of the entire premises or any portion thereof, at any time by providing Lessee with written notice of such termination at least sixty (60) days prior to the date of any such termination or, in the event Lessee is in default of any of its obligations hereunder, within ten (10) days prior written notice. In the event Lessor shall retake only a portion of the premises, rentals, shall be abated on a per acre basis, any fractional component rounded upward to the next acre. Lessee shall refrain from use or preparation of any land so removed unless any materials thereon can be removed prior to the time set forth in the notice. Lessee hereby agrees to quit and surrender possession of the premises at the termination of this Lease
25. MISCELLANEOUS :
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(a). Each individual executing this Lease represents and warrants that he or she is duly authorized to execute and deliver the Lease on behalf of the Lessee, and this Lease shall be binding upon Lessee in accordance with its terms.
(b). Lessor makes no warranties or representations as to the condition of the premises or their suitability for the purposes for which the Lessee will use them. Lessee accepts the premises "AS IS, WHERE IS, AND WITH ALL FAULTS" and hereby assumes the risk of use of the premises and releases Lessor, its officers, councilmembers, employees, agents, and representatives from any and all claims relating to the condition of the premises. Lessee represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California and waives and releases any right or benefit which Lessee has thereunder which Section reads as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."
(c
). This Lease contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
(d). If any action is commenced arising out of or relating to this Lease, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
(e). This Lease may only be amended by a writing executed by all parties.
(f). This Lease shall be governed by and construed in accordance with the laws of the State of California.
(g). Waiver by a party of any provision of this Lease shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
(h). Lessor's remedies for a tenant default described herein are not exclusive but are cumulative and in addition to all available under the law or in equity.
(i). Paragraph headings in this Lease are used solely for convenience and shall be disregarded in the construction of this Lease.
(j). On the last day of the Lease term, or extension thereof, Lessee shall peaceably and quietly leave, surrender, and yield up to Lessor the premises in as good condition and repair as existed at the commencement of Lessee's occupancy, reasonable use and wear thereof excepted.
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IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives to be effective on the date first written above.
For: Marlow Ag Logistics, Inc., Lessee
By: _____________________________________
Its: ____ _________________________________
For: CITY OF WASCO, Lessor
_____________________________________
By: M. Scott Hurlbert, City Manager
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Exhibit “A”
The Northwest Quarter (NW- 1/4) of Section 17, Township 27 South, Range 24 East, M.D.B.M., in the County of Kern, State of California; containing 160 acres, more or less.
SAVE AND EXCEPT, AND RESERVING to the Lessor all lands reasonably necessary for the sewage disposal treatment plant, ponds, and structures as may be required by the Lessor,
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.
TO: Honorable Mayor and Council Members
FROM: John Pallares, Mayor Pro Tem
Alexandro Garcia, City Council Member
DATE: July 19, 2022
SUBJECT: Appointment of Jeremiah Skeels to fill an unexpired seat on the Planning Commission Board, term expiring on December 31, 2022
Recommendation:
Recommendation to appoint Jeremiah Skeels to fill an unexpired seat, term expiring on December 31, 2022.
Discussion:
On January 18, 2022, the city received a letter of resignation from Scott Hight from the Planning Commission. A notice was sent to the Wasco Tribune seeking applicants to fill the unexpired term.
An application was received from Jeremiah Skeels. A committee consisting of Mayor Pro Tem Pallares and Council Member Garc ia interviewed the applicant. It is their recommendation to appoint Marcos Torres to fill one (1) unexpired seat term expiring on December 31, 2022.
Attachments:
1. Recruitment Notice
STAFF REPORT
City of Wasco
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I
I
L
RECRUITMENT
The Wasco City Council is recruiting
for one ( 1) individual to serve on the
Wasco Planning Commission due to
the resignation of Scott Hight to fill
the remainder of the term through
December 2022.
The Wasco Planning Commission
l.s o fiYe:.memt>@r body oi:;ipolnted
by the City CoJJncil. It .serves �s a
policy m:M.sory copccity to tMe City
Couriell. The Cornrnls.si©n retain§
jun dlctlon over vorlou.s land u.se
motter.s, ll'lch.1dlris tMe C©n.s1dercitlon
of coridltlonol u.se perrnit.s, subdivision
moJ;;>.s, and certoln de isn review
matters.
Members are nominated and
appointed by the full Council
and must be residents of the City
throughout their term. Applicants
are advised that a Statement of
Economic Interests (F.P.P.C. Form
700) will be required upon assuming
office. Pursuant to State law, any
person newly appointed shall
successfully complete a course in
ethics training approved by the Fair
Political Practices Commission and
the Attorney General. Each member
is required to complete this training
every two years.
Applications are available online
on the City website: https://www.
cityofwasco.orq/FormCenter/
Applications-9 /Commission-Committee
Board-Application-50
and must be submitted by 5:00 p.m.,
Monday, June 13, 2022.
For further information and assistance
regarding this appointment, please
contact the City Clerk's Office
at (661) 758-7215 or by email at
citycferk@cityofwasco org
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