CITY OF CALIFORNIA CITY
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY
TUESDAY, APRIL 26, 2022
MEETING MINUTES
CLOSED SESSION @4:00 PM
REGULAR MEETING @ 6:00 PM
CLOSED SESSION 4:00PM
CALL TO ORDER
Mayor 'Laughlin called the meeting to order at 4:00PM.
ROLL CALL
City Clerk Sutton called roll:
Present: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch, Mayor O'Laughlin
Absent: None
ADOPT AGENDA
Interim City Manager Ambrose - Need to pull NB4. City Attorneys office is still working with PERS and was unable to answer all the questions. Interim City Attorney Ponto - Ok to move NB3 to closed session and to potentially bring out in open session for discussion. Councilmember Macedonio - Asked to change the order of the agenda to New Business first then Continued Business and then Consent Calendar.
Motion to adopt the agenda pulling NB4, moving NB3 to closed session and reversing the order of the agenda, as noted above:
Motion by: Councilmember Macedonio
Second by: Councilmember Kulikoff
All in favor.
Motion carried.
PUBLIC COMMENTS
None
CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION FROM CURRENT
EMPLOYEE
Paragraph (2) of subdivision (d) of Section 54956.9
Employee's name not disclosed to protect the employee's privacy rights (Article 1, Section 1 of the California Constitution; Civil Code s. 1798 et al.)
CS 2. CONFERENCE WITH LEGAL COUNSEL - COMPLAINTS OR CHARGES BROUGHT AGAINST
CURRENT EMPLOYEE
Paragraph (1) of subdivision (b) of Section 54957
Employee's name not disclosed to protect the employee's privacy rights (Article 1, Section 1 of the California Constitution; Civil Code s. 1798 et al.)
CS 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Gene Stump v. City of California City and Nicholas Lessenevitch, Superior Court for the State of California, County of Kern, Case No. BCV-21-102947 CS 4. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL EXPOSURE TO LITIGATION RELATED
TO JOINT POWERS AUTHORITY
Paragraph (2) of subdivision (d) of Section 54956.9 and subdivision (a) of Section 54956.95 Name of Joint Powers Authority: Employment Risk Management Authority NB 3. Consider, approve and adopt Ordinance No. 22-798 Amending Section 5-6.401 of the City of California City's Municipal Code to Approve an Increase in The Number of Cannabis Dispensaries Permitted to Operate within the City- by Interim City Manager Anne Ambrose
REPORT OUT OF CLOSED SESSION
Interim City Attorney Ponto - Council went into closed session for CS1-CS4 and CS5. For each of those item's counsel was given, and direction was received. There is no reportable action at this time.
REGULAR MEETING 6:00
*Note: Mayor O' Laughlin left after closed session due to illness.
CALL TO ORDER
Mayor Pro Tem Lessenevitch called the meeting to order at 6:00PM.
PLEDGE OF ALLEGIANCE / INVOCATION
Mayor Pro Tem Lessenevitch led the Pledge of Allegiance. Pastor Mohr from New Life Assembly gave the invocation.
ROLL CALL
City Clerk Sutton called roll:
Present: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch
Absent: Mayor O'Laughlin
Motion to accept Mayors O'Laughlin's absence from the meeting:
Motion by: Councilmember Creighton
Second by: Councilmember Macedonio
All in favor.
Motion carried.
NEW BUSINESS
NB 1. STAFF FOR SUMMER CAMP PROGRAM
PUBLIC COMMENT
• Carolinda Fleming - Spoke in support of the Summer Camp Program. • Al Hutson - Spoke in support of the Summer Camp Program Council and staff discussed the item.
Motion to approve NB1:
Motion by: Councilmember Kulikoff
Second by: Councilmember Creighton
AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch
NOES: None
ABSENT: Mayor O'Laughlin
ABSTAIN: None
VOTE: 4 Yes 0 Nays 0 Abstain 1 Absent Motion Carried
NB 2. Authorize CITY MANAGER TO EXECUTE AGREEMENTS FOR PHASE 2 - IT INFRASTRUCTURE PROJECT - ARPA FUNDED - Interim City Manager Ambrose
PUBLIC COMMENT
None
Council and staff discussed the item.
Motion to approve NB2:
Motion by: Councilmember Kulikoff
Second by: Councilmember Creighton
AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch
NOES: None
ABSENT: Mayor O'Laughlin
ABSTAIN: None
VOTE: 4 Yes Nays 0 Abstain 1 Absent Motion Carried
NEW BUSINESS - Added via the Addendum (FOR DISCUSSION ONLY) NB 3. Consider, approve and adopt Ordinance No. 22-798 Amending Section 5-6.401 of the City of California City's Municipal Code to Approve an Increase in The Number of Cannabis Dispensaries Permitted to Operate within the City-by Interim City Manager Anne Ambrose
PUBLIC COMMENT
• Ron Hogan - Spoke against an increase in the number dispensaries. • Shawn Bradley - Spoke against an increase in the number dispensaries. • Tami Johnson - Spoke against an increase in the number dispensaries. • Anthony Espinola - Spoke in favor of an increase in the number dispensaries. • Al Hutson - Spoke against an increase in the number dispensaries. • Don Parris - Spoke against an increase in the number dispensaries. • Alex Freedman - Spoke in favor of an increase in the number dispensaries. • Jason Meister - Spoke in favor of an increase in the number dispensaries. • Wanda Hogan - Spoke against an increase in the number dispensaries. • Amanda Adolf - Spoke against an increase in the number dispensaries. • Duane Vasquez - Spoke against an increase in the number dispensaries. • Bruce - Spoke in favor of an increase in the number dispensaries. • Josh Meister - Spoke in favor of an increase in the number dispensaries. • Sylvia - Spoke in favor of an increase in the number dispensaries. • Josh - Spoke in favor of an increase in the number dispensaries. • DJ Twohig - Stated he is neutral in regards to this item. • Ron Smith - Spoke against an increase in the number dispensaries. • Mike Espinoza - Spoke in favor of an increase in the number dispensaries. • Connie Reekes - (eComment) In favor of an increase in the number dispensaries. • Rick Jones - (via email) Against an increase in the number dispensaries • Amanda Adolf - (via email) - Placed into the meeting record.
Council and staff discussed the item.
DIRECTION
We need compliance and auditing of the existing businesses. We need to know where we are on the odor control created by the temporary greenhouses. Also, we need to look at the ordinance and updating the language. We need factual data to make a good decision.
NEW BUSINESS - Added via the Addendum 2 (REMOVED FROM THE AGENDA) NB 4. Consideration and approval of Limited-Term Appointment of Greeson as Extra-Help Retired Annuitant - Interim City Manager Ambrose
NEW BUSINESS - Added via the Addendum 2
NB 5. Approval of Revised Publicly Available Pay Schedules to Comply with CaPERS Regulations - Interim City manager Ambrose
PUBLIC COMMENT
• Al Hutson - Commented on the pay rate for the City Manager.
Council and staff discussed the item.
Motion to approve NB5:
Motion by: Councilmember Kulikoff
Second by: Councilmember Creighton
AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch
NOES: None
ABSENT: Mayor O'Laughlin
ABSTAIN: None
VOTE: Yes 0 Nays 0 Abstain 1 Absent Motion Carried
CONTINUED BUSINESS
CB 1. (REMOVED FROM AGENDA) Introduce and read by title only Adoption of Proposed Ordinance No. 22-797, an Ordinance Amending Section 2-3.209 (Powers and Duties) of Article 2 (City Manager) of Chapter 3 (Management) of Title 2 (Administration) of the California City Municipal Code - Interim City Attorney Ponto
CB 2. Appointment of Planning and Parks and Recreation Commissioners - Mayor O'Laughlin
PUBLIC COMMENT
• Shawn Bradley - Asked question in regard to applications received. Also, status of Vicious Dog Review Board
• Mary Wady - Asked about the application process for commissioners.
Ron Smith - Feels the bar should be higher for the planning commission applicants.
Council and staff discussed the item.
Direction:
Table the item for the next meeting
CITY CLERK REPORTS / LATE COMMUNICATIONS
City's Failure to Pay for their Municipal Water and Sewage Use- JM Powers Extravagant Overestimation of Expenses Hallmark the Mid-Year Budget Review - JM Powers
DEPARTMENTAL REPORTS
AIRPORT
Councilmember Macedonio - Update on the status of the restaurant at the airport.
BUILDING
CITY CLERK
Councilmember Macedonio - Add the list of new businesses to the clerk's report.
FIRE
HUMAN RESOURCES
POLICE
PUBLIC WORKS
Councilmember Macedonio - Desert Cleanup Crew, question is on the low number of work orders.
TREASURER
Mayor pro Tem Lessenevitch - Has questions for the Treasurer regarding the Local Agency Investment Fund.
PUBLIC COMMENT
• DJ Twohig - Concerned about the low number of housing inventory in the city and the importance of over the counter plan checking.
• Al Hutson - Clarification of how the water rates were constructed and the PRR that he submitted.
CITY MANAGERS REPORT
Interim City Manager Ambrose - •Staff from Public Works, Engineering and I met with the Lahontan Water Board and a local property owner to address options to solve a problem the property owner is having with the septic system at their apartment complex. The agencies discussed the property owner's responsibilities, options to address the problem, and other solutions. There is an opportunity for the City to apply for funding through the State to extend sewer connection into this area. Staff will explore submitting an application for grant funding. •Planning staff and I met with the California Department of Fish and Wildlife to discuss CEQA reviews of cannabis projects and received clarification on what they are looking for in their environmental reviews and comments. •I met with representatives from Southern California Edison. They wish to lease/acquire a small portion of the airport property on the southeast side of the runway to install equipment that is part of their efforts to increase transmission and distribution of power to our City. •OMLO Law and I met with representatives for Baker Energy to review and discuss an agreement they've submitted to the city for consideration of establishing a microgrid to provide power to cannabis operators withing a geographic area of the City. •Staff and I completed work on the midyear budget. •The Workstation Refresh project commenced on April 20 with the first round of computers being installed at City Hall and the Police Department. Spectrum was also onsite on April 20 to lay fiber in the Civic complex.
These projects are efforts funded by ARPA funds. •This is my final report as Interim City Manager for California City. I want to extend my gratitude to the Council for giving me this opportunity to serve your community.
PUBLIC COMMENT
• Al Hutson - Spoke in regards to the midyear budget.
• Ron Smith - Suggested to add to report a list all the grants Police and Fire receive.
CIVIC/COMMUNITY/ORGANIZATIONS ANNOUNCEMENTS
None
PUBLIC BUSINESS FROM THE FLOOR
• Ron Smith - Spoke on order control and temporary greenhouses. • Tami Johnson - Thanked Anne Ambrose for a job well done. • Shawn Bradley - Asked questions regarding the Vicious Dog Review Board. • Duane Vasquez - Feels the signs regarding the missing children should be taken down. • Al Hutson - Expressed the need to have the senior center to be open on weekends.
CONSENT CALENDAR
CC 1. Approve City Check Register dated 04//08/2022 through 04/21/2022.
CC 2. Approve Minutes from the April 12, 2022, City Council Meeting.
CC 3. Approve second reading by title only and adopt ORDINANCE NO. 22-796, TO CONSIDER A
MUNICIPAL CODE AMENDMENT OF INDUSTRIAL ZONE DEVELOPMENT STANDARDS BY THE CITY OF CALIFORNIA CITY - Contract Planner Paul Junker CC 4. Adopt "RESOLUTION NO. 04-21-2856 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA
CITY AUTHORIZING THE FINANCE ACCOUNTANT TO EXECUTE THE FEDERAL TRANSPORTATION ACT (FTA) SECTION 5311 OPERATING EXPENSE ASSISTANCE GRANT
AND TITLE VI ASSURANCE AND URBAN MASS TRANSPORTATION CIVIL RIGHTS ASSURANCE" - Annual Housekeeping item
CC 6. Ratify Purchase of Microsoft 365 Licensing - Interim City manager Ambrose
PUBLIC COMMENT
None
Council and staff discussed the item.
Motion to approve CC1-CC4 and CC6:
Motion by: Councilmember Creighton
Second by: Councilmember Kulikoff
AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch
NOES: None
ABSENT: Mayor O'Laughlin
ABSTAIN: None
VOTE: 4 Yes 0 Nays 0 Abstain 1 Absent Motion Carried
cC 5. Adopt "RESOLUTION NO. 04-22-2914 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE and
Adopt "RESOLUTION NO. 04-22-2915 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA
CITY, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT REGARDING
THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS FOR THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2022/2023" and Adopt "RESOLUTION NO. 04-22-2916 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022/2023" - Finance Manager Cooper
PUBLIC COMMENT
None
Council and staff discussed the item.
Councilmember Macedonio - We have a problem in the Aspen mall with upkeep. We've talked about it for years and years and years. And these numbers make no sense. We're assessing, we're not spending, we've got expenditures way beyond the amount of assessed, how can we have a landscape and lighting district that can't take care of it. And the city is the general fund is stepping in $60,000 more than we're collecting. This is something we really need to talk about.
Motion to approve CC5:
Motion by: Councilmember Creighton
Second by: Councilmember Macedonio
AYES: Councilmember Creighton, Councilmember Macedonio, Mayor Pro Tem Lessenevitch NOES: None
ABSENT: Mayor O'Laughlin
ABSTAIN: Councilmember Kulikoff
VOTE: 3 Yes 0 Nays 1 Abstain 1 Absent Motion Carried
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS Councilmember Creighton - Thanked Anne Ambrose for her service to the city. Thanked Theresa Oaks and staff for Tortoise days. Next year we need to have rides on Sunday as well. Yesterday there was a mobile spay neuter clinic hosted by Pastor Smith and Victory Baptist Church. We utilize their restroom and parking apron, and it was a huge success. 37 dogs 19 females and 18 males were altered. The clinic was funded by Traditional, Bissell, Greenstone and California City Animal Outreach Foundation. The cost was about $7,000 and the staff expressed the desire to come back. If anybody wishes to donate, whether it be an individual, nonprofit, or a business, you can contact them through the CCA web page, they will accept your donations.
Councilmember Kulikoff - Need to update the City Hall evacuation plan. Attended the Edwards TED talks recently. Overall, it was focused on recruiting future talent and did a really deep dive into the subject. I thought historically Tortoise Days occurred like in the first week of May, and I was asked by some several members of the community why it was at the end of April and not May and they were just not ready for it.
My other comment would be the zoning code for the airport district appears to be incorrect or creating a misunderstanding with the public. I would like to see the Planning Commission look into the residential zoning district code. It appears that some of the language is backwards and the municode is inconsistent with the Master Plan. Also, the Zoom meeting sound needs to be updated.
Councilmember Macedonio - I'm sending a message forward to our City Manager Doug Dunford, I want to talk about water. The current California standard tor residential indoor use is 55 gallons per person per day, there is legislation going through the Senate that would lower that to 47 gallons per person per day in 2025 and 42 gallons per person per day in 2030. What's going to happen is we are going to end up with rates going up so that we use less water because of the drought. City Manager let's talk about the water rate study that needs to be completed. Let's talk about our water lines that need to be replaced. The easiest way to save water is lines that don't link don't leak. Let's talk about our city.
Mayor Pro Tem Lessenevitch
ADJOURNMENT
Motion to Adjourn: 1sT Councilmember Creighton 2ND Councilmember Kulikoff. Meeting adjourned at 09:00PM on April 26, 2022.
PASSED, APPROVED, AND ADOPTED this 10th day of May 2022.
Jeanie O'Laughlin, Mayor'
Laurie Sutton, City Clerk