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HomeMy WebLinkAboutSJFM_OIL WELL ENFORCEMENT 2019�G S �Gf vr,Y•S� Anthony Gologazo ■ Fire Chief ■ Deputy Chief Traver Morlinusen Operations /Training /Arson 661 - 326 -3655 Deputy Chief John Frando Fire Prevention /EMSMSAR 661- 326 -3652 December 30, 2019 Frederick B. Sainick. Agent for Service SAN JOAQUIN FACILITIES MANAGMENT. INC. 190 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Michael Gooding, Chief Executive Officer San Joaquin Facilities Management, Inc. 4250 California Avenue, Suite 300 Bakersfield, CA 93309 5642 Victor Street (ODFTF) ., Bakersfield, CA 93308 (661) 399-4697 3M5763 (fox) Howard H. Wines, III PG 7239 (661) 3995763 (fox) Director Of Prevention Services 106 E. While Lane (FS 5) Bakersfield, CA 93307 Enclosures (661) 397 -6305 (main) (661) 852 -2170 (fox) cc: J. Rudnick, Deputy City Attorney J. Fmndo, Deputy Fire Chief T. Crosby, Business Manager 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (66119522172 (fax) - C L A S 5 2 F 1 R E D E P A R T M E N T Certified Mail 2101 H Street, now I RE: Consent Agreement for Permits to Drill Oil Wells in the City of Bakersfield Bakersfield, CA 93301 (661) 326 -3911 (main) f661) 852.2170 (fox) Dear Mr. Sainick. Enclosed, please rind an Order on Consent Agreement concerning requirements of the 2101 H Street, Floor I Bakersfield Municipal Code, This Consent Agreement pertains to obtaining certain Bakersfield, CA 93301 permits to drill oil wells in the City of Bakersfield. The prior Enforcement Order, (661) 326 -3688 (ouicei (66118522170 (fax) (pocket No. 2019 -02), is thereby rescinded in lieu of this consent. If acceptable. please sign and return together with remittance as indicated therein. 2101 H Street, Floor 2 Bokersfi.W. CA 93301 If you have any questions, please call me at (661) 326 -3659. (6611 326 -3979 (main) 16611852-2171 (fox) Sincerely. 5642 Victor Street (ODFTF) ., Bakersfield, CA 93308 (661) 399-4697 3M5763 (fox) Howard H. Wines, III PG 7239 (661) 3995763 (fox) Director Of Prevention Services 106 E. While Lane (FS 5) Bakersfield, CA 93307 Enclosures (661) 397 -6305 (main) (661) 852 -2170 (fox) cc: J. Rudnick, Deputy City Attorney J. Fmndo, Deputy Fire Chief T. Crosby, Business Manager 2101 H Street, Floor 2 Bakersfield, CA 93301 (661) 326 -3911 (main) (66119522172 (fax) - C L A S 5 2 F 1 R E D E P A R T M E N T STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION No.: 2019 -02 SAN JOAQUIN FACILITIES MANAGEMENT, INC. ORDER ON CONSENT A CALIFORNIA CORPORATION AGREEMENT NO: C3185010 Bakersfield Municipal Code Section 15.65.120 Respondent. INTRODUCTION 1. Parties. The Bakersfield Fire Department, Prevention Services Division (BFD -PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Order on Consent Agreement (Order) to SAN JOAQUIN FACILITIES MANAGEMENT, INC. (Respondent), a California Company doing business in the City of Bakersfield, California. 1.2. Site. Respondent violations occurred at the Red Ribbon Ranch lease, in the City of Bakersfield, California on or before December 20, 2019, whereupon the respondent was observed to have drilled two new oil wells: Red Ribbon 37B and 72A prior to obtaining approved oil well drilling permits from the Bakersfield Fire Department. 1.3 Jurisdiction. Section 15.65.120 of the Bakersfield Municipal Code authorizes the BFD -PSD to order action necessary to correct violations and assess a penalty when the BFD -PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. 1 DETERMINATION OF VIOLATIONS The BFD -PSD hereby determines that Respondent violated: 2.1 The Bakersfield Municipal Code Section 15.66.030, to wit? No person shall drill operate or maintain any well or well site for petroleum natural gas, or related drilling nor operate or maintain any production operation without first obtaining a permit Applications for drilling /production permits shall be made in writing to the director of prevention services or designee on such forms as provided by the director. 2.2 Respondent drilled two new oil wells, Red Ribbon 37B and 72A, at the above referenced site without having first obtained a valid permit for each well. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to comply with the fire code requirements for submitting and obtaining an approved permit through this office prior to engaging in a regulated activity. 3.2 Communications. All approvals and decisions of the BFD -PSD made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD -PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.3 Review and Approval. If the BFD -PSD determines that the schedule, or other documents submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD -PSD may: 2 a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the BFD -PSD a revised document incorporating the recommended changes. 3.4 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits prior to performing any work and to assure worker safety. 3.5 Endangerment during Implementation In the event that the BFD -PSD determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the BFD - PSD may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.6 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.7 Data and Document Availability. Respondent shall permit the BFD -PSD and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way 3 pertaining to work undertaken pursuant to this Order. Respondent shall allow the BFD - PSD and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the BFD -PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the BFD -PSD, or permit the BFD -PSD to copy the documents prior to destruction. 3.8 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.9 Additional Enforcement Actions. By issuance of this Order, the BFD -PSD does not waive the right to take further enforcement actions. 3.10 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD -PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD -PSD. 3.11 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.12 Extension Approvals. If the BFD -PSD determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 4 3.13 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and /or punitive damages for any costs incurred by the BFD -PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.14 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD -PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The BFD -PSD assesses a revised penalty of $1,000. Payment of the total penalty of $1,000 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Toni Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, California 93301 5, This Order is final and effective upon execution by the City and Respondent. 5 6. "Days" for purposes of this Order means calendar days. Date of Issuance: December 30, 2019, Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield SAN JOAQUIN FACIL IES MANAGMENT, INC. Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Deputy Chief John Frando Bakersfield Fire Department 2101 H Street Bakersfield, Ca. 93301 Ms. Toni Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 Date � z Into Date F 0 m C N 'u v 0 LO I,— ° N O f Z W f R W Fi r g 4.1 0>0 WQ� F ¢ LL OH ZYwY try O` O Z N O �I P P-` 0 O <°x a o lam] N Q 5 0 tlA 0 1 Z 3 aye.. s o- .n P O El rD S co S O O O ti A Ir N ❑ 0 18-016611 •.. State of California s Secretary of State 2 Statement of Information RLED (Domestic Stock and Agricultural Cooperative Corporations) Secretarj Of State FEES (Filing and Disclosure): $25.00. State Of Califomia If this is an amendment, see Instructions. IMPORTANT- READ INSTRUCTIONS BEFORE COMPLETING THIS FORM FEB 2 0 2018 1. CORPORATENAME SAN JOAQUIN FACILITIES MANAGEMENT, INC. 2. CALIFORNIA CORPORATE NUMBER C3185010 TM " spate f°' Firrre D°° Dint No Change Statement (Not applicable if agent address of record is a P.O. Box address. Sea instructions.) S. If there have been any changes to the Information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed In its entirety. ❑ If there has been no Change in any of the Information contained in the last Statement of Information filed with the California Secretary Of Stale. check the box and proceed to Item 1T. Complete Addresses for the Following (Da not abbreviate the name of the city. Items 4 and 5 mrnol be P.O. Boxes.) 4. STREETADDRESSOFPRINCIPAL EXECUTIVE OFFICE CITY STATE ZIPCODE 4250 California Avenue, Suite 300 Bakersfield CA 93309 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA IF ANY CITY STATE ZIP CODE 4250 California Avenue, Suite 300 Bakersfield CA 93309 B. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIPCODE Names and Complete Addresses of the Following Officers (The corporation must 1151 these three othcers. A comparable dlle far the spedfic officer maybe added; however, the preprinted titles on this form TOM not be aherad) . T. CHRFEXECUTIVEOFFICERI ADDRESS CITY STATE ZIP CODE Michael Gooding 4250 California Avenue, Suite 300 Bakersfield CA 93309 & SECRETARY ADDRESS CITY STATE ZIPCODE Melt! Moilbi P.O. Box SS76 Bakersfield CA 93308 S. CRIEFFINANCIALOFFICER/ ADDRESS CITY STATE ZIPCODE John T. Surtdlaell P.O. Box 5576 Bakersfield CA 93308 Names and Complete Address" of All Directors, Including Directors Who are Also Officers (The corporation must have at least one direclor. AttMh edt5tional pa ec, anecessary.) IS. NAME ADDRESS CITY STATE ZIP CODE Michael Gooding 4250 California Avenue Suite 300 Bakersfield CA 93309 11, NAME ADDRESS CITY STATE ZIP WOE Maid MDtbl P.O. Box 5576 Bakersfield CA 93308 12, NAME ADDRESS CITY STATE ZIP CODE Barrett C. Fart 190 Newport Center Drive, Suite 100 Newport Beach CA 92660 13. NUMBERCFVACANCIES ON THE BOARD OF DIRECTORS .IFANY: e Agent for Service of Process If the agent is an individual, the agent must resuce In California and Item 15 must be completed with a California street atltlress. a P.O. Box atltlress is not acceptable. If the agent is another corporation, the agent must have on File with the California Secretary of Stale a certificate pursuant to California Corporations Code section 1505 and Item 15 must be ref blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS Frederick B. Sainick 15. STREET ADDRESS OF AGENT FOR SEROIDE OF PROCESS IN CALIFORNIA IF AI INDIVI DUAL CITY STATE ZIPCODE 190 Newport Center Drive, Suite 200 Newport Beach CA 92660 Type Of Business 16, DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION Oil field operations 1T. BY 5,EMMM THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE COR pg�aT wN CER ISS THE IMF NATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 2/16/18 Frederick B. Sainkk Attorney DATE TYPEIPRNT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SL206IREV dVID13) APPROVED SY SECRETARY OF STATE December 20. 2019 Anthony Galogaza ■ Fire Chief ■ Frederick B. Sainick, Agent for Service SAN lOAQUIN FACILITIES MANAGMENT. INC. 190 Newport Center Drive, Suite 200 Deputy Chief Trever MaAinusen Newport Beach, CA 92660 Operations /Training /Arson 661- 326 -3655 Michael Goading, Chief Executive Officer San Joaquin Facilities Management, Inc. Deputy Chief John Frando 4250 California Avenue, Suite 300 Fire Prevention /EMS /USAR Bakersfield, CA 93309 661 -326 -3652 Certified Mail 2101 H Street, Floor 1 RE: Failure to Obtain Permits to Drill Oil Wells in the City of Bakersfield Bakersfield, CA 93301 (661) 326 -3911 (main] 1661) 852- 2170(fox) Dear Mr. Sainick, Enclosed, please find an Enforcement Order concerning violations of the 2101 H Street, Floor I Bakersfield Municipal Code. This Enforcement Order pertains to the failure to Bakersfield, CA 93901 properly obtain permits to drill oil wells in the City of Bakersfield. (6611326-3688 (office) (661) 852 -2170 (fax) You are invited to attend an informal conference at 9:00 am on Tuesday, January 7, 2020 at 2101 11 Street, Bakersfield, Califomia 93301. 2 101 ake H Steel, C Floor 1 If you have an uestions, lease call me at 661 326 -3659. Bakersfield CA oor 2 Y Y 9 P (661132&3979 (main) (661) 852 -2171 (tax) Sincerely, 5642 Victor Street IODWF) Bakersfield, CA 93308 (661) 399 -4697 (main) Howard 11. Wines, III PG 7239 (661) 399 -5763 pazl Director of Prevention Services 106 E. White Lane (F5 5) Bakersfield, CA 93307 Enclosures (6611397 63D5 (main) (661) 852 -2170 (tax) cc: J. Rudnick, Deputy City Attorney J. Frando, Deputy Fire Chief T. Crosby, Business Manager 2101 H Street, Floor 2 Bakersfield CA 93301 (661) 326 -3911 (main) (6611852-2172 (fax) - C L A S S 2 F R E D E P A R I M E N T- STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter SAN JOAQUIN FACILITIES MANAGEMENT, INC. A CALIFORNIA CORPORATION NO: C3185010 Respondent. TO THE ABOVE RESPONDENT: STATEMENT TO RESPONDENT Enforcement Order An Enforcement Order ( "Order ") is attached to this statement and is hereby served upon you. The Order has been filed by the City of Bakersfield Fire Department — Prevention Services Division (BFD -PSD). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to the BFD -PSD within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled "Notice of Defense' or by delivering or mailing a Notice of Defense as provided in Section 11506 of the Government Code to: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3721 The enclosed Notice of Defense, if signed and filed with the BFD -PSD, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section11506 of the Government Code within fifteen (15) days after service of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Office of Administrative Hearings of the Department of General Services in accordance with the procedures specified in Bakersfield Municipal Code section 15.65.125 and Government Code sections 11507, at seq. The hearing may be postponed for good cause. If you have good cause, you must notify the BFD -PSD within ten (10) working days after you discover the good cause. Failure to notify the BFD -PSD within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of the BFD -PSD, you may contact: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3721 Whether or not you have a hearing, you may confer informally with the BFD -PSD to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not, however, postpone the fifteen (15) day period you have to request 2 a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with the BFD -PSD, an Informal Conference has been scheduled for: Date: January 7, 2020 Time 9:00 AM Location: Bakersfield Fire Department Prevention Services Division 2101 H Street Bakersfield, California 93301 (661) 326 -3659 You may inform the BFD -PSD at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below. FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT /PREVENTION SERVICES DIVISION In SAN JOAQUIN FACILITIES MANAGEMENT, INC. A CALIFORNIA CORPORATION NO: C3185010 Respondent. INTRODUCTION ENFORCEMENT ORDER Bakersfield Municipal Code Section 15.65.120 Parties. The Bakersfield Fire Department, Prevention Services Division (BFD -PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Enforcement Order (Order) to SAN JOAQUIN FACILITIES. MANAGEMENT, INC. (Respondent), a California Company doing business in the City of Bakersfield, California. 12. Site. Respondent violations occurred at the Red Ribbon Ranch lease, in the City of Bakersfield, California on or before December 20, 2019, whereupon the respondent was observed to have drilled two new oil wells: Red Ribbon 37B and 72A prior to obtaining approved oil well drilling permits from the Bakersfield Fire Department. 1.3 Jurisdiction. Section 15.65.120 of the Bakersfield Municipal Code authorizes the BFD -PSD to order action necessary to correct violations and assess a penalty when the BFD -PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The BFD -PSD hereby determines that Respondent violated: 2.1 The Bakersfield Municipal Code Section 15.66.030, to wit: No person shall drill operate or maintain any well or well site for petroleum, natural gas, or related drilling nor operate or maintain any production operation without first obtaining a permit. Applications for drilling /production permits shall be made in writing to the director of prevention services or designee on such forms as provided by the director. 2.2 Respondent drilled two new oil wells, Red Ribbon 37B and 72A, at the above referenced site without having first obtained a valid permit for each well. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 31 Respondent shall make all necessary arrangements to comply with the fire code requirements for submitting and obtaining an approved permit through this office prior to engaging in a regulated activity. 3.2 Communications. All approvals and decisions of the BFD -PSD made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his /her designee. No informal advice, guidance, suggestions, or comments by the BFD -PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.3 Review and Approval. If the BFD -PSD determines that the schedule, or other documents submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD -PSD may: E a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the BFD -PSD a revised document incorporating the recommended changes. 3.4 Compliance with Applicable Laws Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits prior to performing any work and to assure worker safety. 3.5 Endangerment during Implementation. In the event that the BFD -PSD determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the BFD - PSD may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.6 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.7 Data and Document Availability. Respondent shall permit the BFD -PSD and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way 3 pertaining to work undertaken pursuant to this Order. Respondent shall allow the BFD - PSD and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the BFD -PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the BFD -PSD, or permit the BFD -PSD to copy the documents prior to destruction. 3.8 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.9 Additional Enforcement Actions. By issuance of this Order, the BFD -PSD does not waive the right to take further enforcement actions. 3.10 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD -PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD -PSD. 3.11 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.12 Extension Approvals. If the BFD -PSD determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 0 3.13 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject. Respondent to costs, penalties, and /or punitive damages for any costs incurred by the BFD -PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.14 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD -PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The BFD -PSD assesses a penalty of $2,000. Payment of the total penalty of $2,000 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Toni Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Howard H. Wines, III Director of Prevention Services City of Bakersfield 2101 H Street Bakersfield, . California 93301 5.. This Order is final and effective upon execution by the City and Respondent. 5 6. "Days" for purposes of this Order means calendar days. Date of Issuance: December 20, 2019. Mr. Howard H. Wines, III Date Director of Prevention Services City of Bakersfield SAN JOAQUIN FACILITIES MANAGMENT, INC. Typed or Printed Name of Respondent's Representative cc: Mr. Joshua Rudnick Deputy City Attorney City Attorney's Office City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Deputy Chief John Frando Bakersfield Fire Department 2101 H Street Bakersfield, Ca. 93301 Ms, Toni Crosby Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, CA 93301 Date STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT! PREVENTION SERVICES DIVISION SAN JOAQUIN FACILITIES MANAGEMENT, INC. NOTICE OF DEFENSE A CALIFORNIA CORPORATION NO: C3185010 Bakersfield Municipal Code Section 15.65.125 Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, Bakersfield Municipal Code sections 15.65.120, 15.65.125, and 15.65.130, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (State) (Zip) (Telephone Number) 1 STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In SAN JOAQUIN FACILITIES MANAGEMENT, INC.' NOTICE OF DEFENSE A CALIFORNIA CORPORATION NO: C3185010 Bakersfield Municipal Code Section 15.65.125 Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, Bakersfield Municipal Code sections 15.65,120, 15.65.125, and 15.65.130, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) Address) (City) (State) (Zip) (Telephone Number) 1 Government Code Section 11507.5 The provisions of Section 11509,6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Government Code Section 11507.6 After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after the service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be tailed to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party; (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to this person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; (c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above; (d) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; (f) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that these reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in (a) to (e) , inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of these oral statements. Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product. Government Code Section 11507.7 (a) Any party claiming the party's request for discovery pursuant to Section 11507.6 has not been complied with may serve and file with the administrative law judge a motion to compel discovery, naming as respondent the party refusing or failing to comply with Section 11507.6. The motion shall state facts showing the respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under that section, that a reasonable and good faith attempt to contact the respondent for an informal resolution of the issue has been made, and the ground or grounds of respondent's refusal so far as known to the moving party. (b) The motion . shall be served upon respondent party and filed within 15 days after the respondent party first evidenced failure or refusal to comply with Section 11507.6 or within 30 days after request was made and the party has failed to reply to the request, or within another time provided by stipulation, whichever period is longer. (c) The hearing on the motion to compel discovery shall be held within 15 days after the motion is made, or a later time that the administrative law judge may on the judge's own motion for good cause determine. The respondent party shall have the right to serve and file a written answer or other response to the motion before or at the time of the hearing. (d) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that the matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under those provisions, the administrative law judge may order lodged with it matters provided in subdivision (b) of Section 915 of the Evidence Code and examine the matters in accordance with its provisions. (e) The administrative law judge shall decide the case on the matters examined in camera, the papers filed by the parties, and such oral argument and additional evidence as the administrative law judge may allow. (f) Unless otherwise stipulated by the parties, the administrative law judge shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the administrative law judge upon the parties, where the order grants the motion in whole or in part, the order shall not become effective until 10 days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. Bakersfield Municipal Code Section 15.65.12o as section 109.3.3 of the Fire Code 109.3.3 Prosecution of violations. When the chief finds any buildings, premises, vehicle, storage facility or outdoor area that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or fire safety or the environment, the violator's ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. Bakersfield Municipal Code Section 15.65.125 as section 109.3.3.1 of the Fire Code 109.3.3.1 Administrative hearings. Any person served with an order pursuant to Section 109.3.3 who has been unable to resolve any violation with the prevention services division, may within fifteen days after service of the order, request a hearing pursuant to this section by filing with the chief a notice of defense. The notice shall be filed with the prevention services office that issued the order. A notice of defense shall be deemed filed within the fifteen -day period provided by this section if it is postmarked within that fifteen -day period.. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final. t The hearing decision issued pursuant to this section shall be effective and final upon issuance by the chief. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any. Any provision of an order issued under this section, except the imposition of an administrative penalty, shall take effect upon issuance by the chief if the chief finds that the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the chief determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the chief. A request for a hearing shall not stay the effect of the order as a whole pending a bearing decision. A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. in all proceedings pursuant to this section, the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to Section 109.3.2 or the accrual of any penalties assessed. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. Bakersfield Municipal Code Section 15.65.13o as section 109.4 of the Fire Code 109.4 violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.