Jeanie O’Laughlin
Mayor
Nick Lessenevitch
Mayor Pro Tem
Jim Creighton
Councilmember
Kelly Kulikoff
Councilmember
Karen Macedonio
Councilmember
AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL
TUESDAY, JUNE 14, 2022
REGULAR MEETING @ 6:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, please contact the City Clerk at (760)373-7140 or via email at [email protected] . We request a 72-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities ACT Title II) Zoom instructions and notes:
1. Web Link : https://us06web.zoom.us/j/87015097706
2. Meeting ID: 870 1509 7706
3. Public can dial into the Zoom line:
• One tap mobile: +16699009128,,87015097706 # US (San Jose) • Dial the following number: +1 669 900 9128 US (San Jose)
4. Comments
• Public must join Zoom meeting to comment
• Keep your mic on Mute until you are requested to speak • Use the “Raise your Hand” button to request to speak or, • Send a chat request to City Clerk for request to speak • When requested to speak state your name for the record • Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 ** At this time, please take a moment to turn off your cell phones **
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
ADOPT AGENDA
Adopt Agenda: June 14, 2022
CITY CLERK REPORTS/ LATE COMMINICATIONS
DEPARTMENTAL REPORTS
• OHV
• Parks and Recreation
• Planning
CIVIC/COMMUNITY/ORGANIZATIONS ANNOUNCEMENTS
PUBLIC BUSINESS FROM THE FLOOR
The portion of the meeting is reserved for public who desire to address the City Council on any matter not on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes.
These will be placed in the binder in the back of the room for public to view along with a complete copy for the tonight’s Agenda
CONSENT CALENDAR
All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions.
Public comments to be limited to (3) three minutes. Roll call vote required.
CC 1. Approve City Clerk Register dated 05/20/2022 through 06/09/2022 CC 2. Adopt “RESOLUTION NO. 06-22-2930, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, RATIFYING THE PROCLAMATION OF STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY, FOR THE PERIOD FROM JUNE 14, 2022, THROUGH JULY 14, 2022” – City Manager Dunford
NEW BUSINESS
NB.1 Information and Discussion on the Odor Mitigation Process for Cannabis Complaints - City Manager Dunford
Recommendations:
Staff recommends that Council support the currently written ordinance and allow that process to be used to its fullest extent possible.
NB. 2 Council Discussion and Direction on Directing the Mayor to Verbally Approve the Recommendations of the California League of Cities Requests for Letters of Support or Opposition - City Manager Dunford
2 Recommendations:
Staff recommends that the Council approve the Mayor giving verbal approval for letter submittal to the California League of Cities.
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate.
The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 24 hours prior to the Council Meeting. Tiffany Carter, Deputy City Clerk 3 OHV DEPARTMENT
Monthly Departmental Report – June 2022
OHV Manager – Inge Elmes
Events
Memorial Day brought out a smaller number of visitors due to high winds. A total of 39 campsites were visible during peak of weekend. There are no scheduled events for the summer as riding season slows down significantly. The next holiday weekend will be Labor Day.
Operations
Park Aides have closed out the season successfully. Staff will re-open station in time to prepare for the new season. New riding permits and passes will be available July 1, 2022, for the upcoming riding season and may be purchased through PayPal, California City permit vendors, OHV office, City Hall, and Borax Bill Park Station.
Manager Updates
Final Applications were submitted on time for the OHMVR Division OHV G22/23 grant cycle.
Staff has included a year-to-year comparison spreadsheet of visitor campsite counts. Please see attachment: OHV Annual Visitor Counts Report.
Finance Report
For the month of May, OHV sales totaled $3,631.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.
4 OHV ANNUAL VISITOR COUNTS
FY - 2020 FY - 2021 FY - 2022
RV Campsite Counts Former Year Prior Year Current Year
President's Day Holiday 114 266 243
Easter Holiday Closed due to Covid 62 54
Memorial Day Holiday Closed due to Covid 68 39
Labor Day Holiday 34 28
Columbus Day Holiday 28 42
Thanksgiving Holiday 498 645
New Year's Holiday 382 482
Total RV visible campsites 1056 1593 336
Notes: A visual count is completed at the peak of each holiday weekend. These counts are completed by staff and volunteers from Twenty Mule Team Parkway and campground visits. Each count includes a campsite of approximately 4 -10 Recreational Vehicles. Each RV will bring approximately 4 - 6 visitors.
These figures are a best estimate and are not actuals.
5 May 2022 MONTHLY PERMIT SALES FY 21/22
SALES $0 QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10 71 $550 $160 $710 2290
Single Permits $15 52 $720 $60 $780 42,435.00
Small Family (Prorated) $40 4 $40 $120 $160 400
Small Family $60 3 $120 $60 $180 48,400.00
Large Family (Prorated) $80 1 $80 $80 240
Large Family $100 2 $100 $100 $200 14,900.00
OHV 4 Pack (Prorated) $35 4 $70 $70 $140 525
OHV 4 Pack $50 5 $250 $250 19,950
RV Pass (Prorated) $15 3 $30 $15 $45 150
RV Pass $30 1 $30 $30 7,620.00
Single Dump Pass $5 6 $30 $30 985
Single Water Pass $5 8 $35 $5 $40 685
Additional Permits (Prorated) $5 2 $10 $10 10
Additional Permits $10 4 $40 $40 2,780.00
Free Free $0 0
Residents Permits Free $0 0
Paypal Fees - $4 $4 4 $16 $16 576
Holiday Week Day - Power $25 1 $25 $25 550
Holiday Week Day - Water $15 1 $15 $15 240
Non-Holiday Weekday-Power $15 7 $60 $45 $105 630
Non-Holiday Weekday-Water $10 1 $10 $10 160
Holiday Weekend - Power $40 1 $40 $40 840
Holiday Weekend - Water $20 1 $20 $20 340
Non-Holiday Weekend-Power $25 10 $175 $75 $250 1275
Non-Holiay Weekend-Water $15 2 $30 $30 390
Shower Tokens $0.50 450 $170 $55 $225 4,919.00
Transient Lodging $150 0
Vendor Fees $1 $0 3,620.00
Special Event Fees $5 200
Map Sales $3 $0 285
Donations $1 $0 241
6 Hoodies $40
1 $40 $40 5,140.00
Short Sleeve Shirts $203 $60 $60 200.00
Long Sleeve Shirts $30 $0 2,130.00
Caps $202 $20 $20 $40 2,350.00
Bucket Hats $203 $60 $60 210.00
Visors $15 $0 10.00
Beenies $15 $0 1,090.00
MONTHLY TOTALS $2,650 $100 $745 $136 $3,631 $166,766.00 7 City Council
June 14, 2022
TO: MAYOR AND CITY COUNCIL
FROM: THERESA OAKS, PARKS AND RECREATION
SUBJECT: 4th OF JULY CARNIVAL RIDES
BACKGROUND:
The 4th of July Extravaganza is an annual event for our city. It is one that kids and families look forward to all year. On 4th of July people come to the park to have old fashioned community fun. They enjoy the variety of vendors, the pool, and the fireworks show in the evening.
We were told that during our Tortoise Days event the carnival rides were a big hit. We would like to bring a little different selection to this event. The elephant ride is the same on that was Tortoise Days, but we would like to have a ferris wheel, (kids size), tubs of fun (kids and adults) as well as a dunk tank. This selection of rides offers rides for kids and adults. Below is the quote from Carnival Services.
Emerald services is booked for the day.
RECOMMENDATION:
Staff recommends using Carnival Services as they have offered the best customer service and the lowest price. Staff would ask that the agreement be approved and that council approves city manager to execute the agreement. If this is approved staff will need a pre-issue to pay the deposit for the event.
FISCAL IMPACT:
Fiscal impact will be $8010.00 out of 10-4561-235 for special events. The special events GL currently has a balance of $10,513.85, with a remaining balance of $14,486.15.
ATTACHMENTS:
Attachment 1 – quote from Carnival Services
8 Printed on 6/7/2022 04:30 PM Initials: Page 1 of 5
Carnival Services
3866 E Ninth Street, Pomona, CA
91766 Phone: (909)214-4595
Website: www.carnivalservices.com Email: [email protected] Rental Agreement
Start Date & Time: Mon Jul 4, 2022 3:00 PM
End Date & Time: Mon Jul 4, 2022 8:00 PM
Order No: O12335
Reserved: June 5, 2022
Customer Location
PRIVATE EVENTS
Theresa Oaks
21000 Hacienda Blvd.
California City, CA 93505
Phone: (760)412-9312
Cell Phone: (760)412-9312
Email: [email protected]
PRIVATE EVENT
Theresa Oaks
California City Central Park
10350 Heather Ave.
California City, CA 93505
Phone: (760)412-9312
Cell Phone: (760)412-9312
Email: [email protected]
InvNo Description Qty Unit Price Extension
Mechanical Rides
18528 Elephant Ride 1 $1,700.00 $1,700.00
158 Tubs of Fun #1 1 $1,750.00 $1,750.00
17331 14' Ferris Wheel (5 baskets) 1 $1,750.00 $1,750.00 Other Services
INV53 Special Discount
Dscount from last event.
1 ($350.00) ($350.00)
Power Supplies
101 7000 Watt Generator/s 3 $100.00 $300.00
Tanks & Hi-Strikers
49 Deluxe Dunk Tank 1 $700.00 $700.00
Subtotal: $5,850.00
Discount: $0.00
Delivery: $2,160.00
Total: $8,010.00
Payments Received: $0.00
Balance Due: $8,010.00
TERMS AND CONDITIONS OF CARNIVAL SERVICES RENTAL AGREEMENT Please sign and initial each area of this agreement to indicate that you have read and understand the sixteen (16) areas of the Terms and Conditions.
1. TERMS AND CONDITIONS. For Special Event Attractions, Inc. DBA Carnival Services, and SEA (Special Events Attractions LLC) and/or any affiliated companies, their respective officers, directors, employees and agents. For use in this agreement Carnival Services and affiliated companies will hereinafter be described as the/this “Company” (“we,” “us,” or “our”). The Terms and Conditions of this Rental Agreement will hereinafter be described as the/this "Agreement" (“Rental Agreement,” “Rental Order,” “Contact” or “Terms and Conditions”). This Agreement is valid as of the date of execution by the Customer. The customer, their agents, officers or employees and any third party that is affiliated to anyone signing this Agreement on the behalf of those third parties for the purpose of this Agreement will hereinafter be described as the “Customer” (“you,” “your” or yours”). Any third-party signer who agrees to this agreement for services provided to their client is also a Customer, and will hereinafter be described as both the Customer and the Broker. For the purpose of this Agreement all properties, assets, merchandise, equipment, possessions, and/or articles belonging to the Company will hereinafter be described as “Equipment.” The period of time in which the Customer agrees to be bound by this Agreement for the purpose of renting Equipment or Services fromthe Company will herein after be described as the “Rental Period” (“length of contract,” “Agreement Period,” or “Life of the Agreement”). The Rental Period is fromthe last date of full execution of the Agreement until the Equipment is returned to the Company.
2. CUSTOMER OBLIGATION. The Customer rents or leases the Equipment fromthe Company pursuant to the signing of this Agreement. Customershall pay the Company the agreed amount in full on the day of the event, less any amounts paid as a deposit to secure services. This contract is a true lease. The Equipment is and shall remain the personal property of the Company and shall not be affixed to any other party. All aforementioned terms and conditions are subject to change upon mutual written agreement of Customer and Company. The Customer acknowledges and understands that these terms and conditions may have changed recently, including after the Customer’s last Agreement.
3. PERMITTED USE. The Customer warrants that: (a) prior to the use of any Equipment the Company has or will inspect the Equipment to confirmthat the Equipment is in a safe condition and suitable for the Customers intended use; (b) The Customer agrees that any person at the delivery address is authorized to accept delivery of the Equipment. Customer agrees that accepting the Equipment includes indication of where the Equipment will be placed for the intended use; (c) The Customer agrees to immediately notify the Company if the Equipment is lost, damaged, vandalized, stolen, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if an Incident occurs; (d) The Customer acknowledges and agrees that they have received fromthe Company all information necessary for the operation or use of rented Equipment that does not explicitly require an operator provided by the Company (i.e. booths, canopies, and games, concessions, concession supplies, game supplies, generators, power cords, tables and chairs or any other specified Equipment, which for the purpose of this Agreement will herein after be described as “Customer Operated Equipment”); (e) The Customer agrees that the Company is not responsible to provide an operator for any Customer Operated Equipment, unless otherwise 9 Printed on 6/7/2022 04:30 PM Initials: Page 2 of 5
specified by the Company or unless an affiliate of the Company is requested with this Agreement as the intended operator of the Customer Operated Equipment; (f) The Customer agrees that the Company has no control over the manner in which Customer Operated Equipment is operated, maintained, or used by the customer and/or any third party that the Customer implicitly or explicitly 10 Rental Agreement Contract for Order # O12335
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permits to operate the Equipment with the exception of Equipment operated by Company’s employees (“Company Operated Equipment”); (g) The Customer agrees that only authorized persons (by the Company) shall be permitted to use or operate any of the Company’s Equipment; and (h) The Customer agrees to secure the safety and integrity of the Equipment and to keep and/or store the Equipment in a safe location before, during, and after intended use until the completion of the Rental Period.
4. PROHIBITED USE. The Customershall not: (a) alter or remove any operational instructions, safety decals, or other Equipment instructions or requirements; (b) move the Equipment fromthe delivery address without the Companies explicated consent; (c) use the Equipment in a manner not permitted by the Company including the intent to or the use of the Equipment in a negligent, illegal, unauthorized or abusive manner, nor allow the use of the Equipment by unauthorized parties; (d) or use the equipment in a publication, advertisement or in a promotional way without the explicated authorization of the Company. (Customer acknowledges that improper use of the Equipment and/or the use of the Equipment by untrained parties may be dangerous and is strictly forbidden under this Agreement).
5. CUSTOMER LIABILITY. The Customer assumes all risk and full responsibility associated with: (a) the Customer’s operation and/or use of the Customer Operated Equipment while Equipment is in the possession of the Customer as agreed in this Agreement; (b) for the amounts due for the Equipment rented fromthe Company, including all rental charges, fees, applicable taxes, incurred cost, permit expenses, penalties or other incurred expenses due to prohibited use; (c) for all damages, injuries, deaths, losses, destruction of property or any incident that may occur during the Customer operation and/ or as a result of any prohibited use, however, all damages, injuries, deaths, losses, destruction of property or any incident that may occur in connection with the Company Operated Equipment will be the sole risk and responsibility of the Company “Incident” is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or property, claimed by any person, or entity that appears to have occurred in connection with the Equipment.
6. RELEASE OF LIABLITY. To the fullest extent permitted by law, the Customer indemnifies, releases, and holds the Company harmless and at the Company’s request, defends the Company, against all liabilities, claims, losses, damages, and expenses (including attorney’s fees and expenses) however arising or incurred, related to an incident, any damage to property, injury to, or death of, any person or any contamination or alleged contamination, or violation of law or regulation caused by or connected with: (a) the use, possession or control of the equipment during the Rental Period or breach of this Agreement, caused by the negligence or other fault of Customer; and (b) the Customer’s indemnity obligations shallsurvive the expiration or termination of the contract.
This indemnification and release does not extend to Incidents arising out of or incurred through Company’s negligence or willful misconduct. If any part of this section is determined invalid by a court of competent jurisdiction, Customer agrees that this clause shall be enforceable to the fullest extent permitted by law.
7. ACKNOWLEDGMENT OF LIABILITY. The Customer acknowledges that the Company has described some of, but not all, of the risk involved with the rental of Customer Operated Equipment. The Customer understands that not all incidents are foreseeable and it is impossible for the Company to detail every possible risk inherent with the rental of Customer Operated Equipment. The Customer understands there are unknown or unanticipated risks in the operation of Customer Operated Equipment which may result in injury, illness, or death and agree knowingly and without coercion to the Release of Liability written above.
8. DEPOSITS & PAYMENT. The Customer agrees to pay a deposit of not less than 50% of the total rental cost in order to reserve Equipment. The Customer agrees to pay the remaining balance on the account before the start time of their event, unless otherwise agreed. Customer acknowledges that: (a) the Company has the right to cancel any Agreement where a deposit has not been received by Company, within five (5) days of execution of this Agreement; (b) The Company has the right to cancel any proposal/quote that has not received a deposit within five days of its creation date. The Customer agrees to pay all amounts due the day of the event before the operation of any Equipment or the use of any services provided by the Company unless the Company approves an alternative payment date or time, at which time the customer agrees to pay the full amount due; (c) the Customer agrees to allow the Company to charge credit cards on outstanding balances if payments are notsecured within three (3) days of the event completion or the otherwise agreed time for payment; (d) the Customer agrees to pay a forty-five dollar ($45) fee for any late payments. Furthermore, the Customer agrees to pay an additional fee of forty-five-dollar ($45) as a penalty for every seven (7) days a payment is not received by the Company; (e) the Customer further acknowledges that the Company will add a 20% Collection Fee to any account that is ninety (90) days past due. The Customer acknowledges that the Company may use a third-party collection company to collect on outstanding accounts, and agrees to pay all penalties and fees as a result of late payments.
9. ADVERTISING. The Customer agrees to allow the Company to pass out business cards. However, if Company desires to advertise, market, and/or promote, by means other than handing out business cards, at the event or location where the Equipment or Company’s services will be used; Company must obtain permission in writing fromthe Customer.
10. RAIN POLICY. Customer agrees that in the event of rain, Customer shall notify the Company no less than one (1) day before the event start time to request a delay, alter, or to cancel the Equipment or Services (for the purpose of this Agreement, the twenty-four (24) hours prior to a contracted start time will hereinafter be described as the “Timeframe”). A rain date can only be called if the weather is predicted to be more than 20% precipitation during the twelve (12) hours before and after the contracted start and end times noted on the contract; Customer must contact the Company by way of a telephone and leave a detailed message as appropriate. Customer understands that attempts to contact the Company by any means other than through the use of the telephone may result in a continuation of the Rental Agreement at the Customers own expense. Customer agrees to pay for improperly canceled Equipment or Services or to pay in accordance to the following: (a) if cancellation is not done prior to the twenty-four (24) hour timeframe, then the Customer gives the Company the explicit right to retain any deposits which will be credited toward a future event, unless otherwise agreed upon by the Company; (b) if cancellation is within the twenty-four (24) hour timeframe, then the Customer agrees to pay twenty-five percent (25%) of the contracted total price plus any delivery charges that may apply, which total amountshall be offset by the deposit; (c) if cancellation is after the contracted start time but before half of the event rental period has passed, then the Customer agrees to pay seventy-five percent (75%) of the contracted total price plus any delivery charges that may apply; or (d) if cancellation is after the contracted start time and occurs after half of the rental period has passed, then the Customer agrees to pay in full all amounts of the contracted total price plus any delivery charges that may apply.
11. CANCELLING OR ALTERING. The Customer agrees that a request for information is nothing more than a proposal/quote and without a deposit a proposal/quote can be canceled or altered by the Customer or the Company at any time. The Customer agrees: (a) All deposits are nonrefundable; (b) altering or changing rental orders must be completed by 5:00 pm a minimum of twentyfour (24) hours before the event start time, or 5:00 pmon Friday if the event is for a Sunday or the following Monday. A twenty-five ($25) dollar fee will be included on the order for any changes to the Rental Agreement within the twenty-four (24) hours prior to the event; (c) altering the Rental Order will not change the Agreement nor will it alter any part of the Terms and Conditions. The Customer agrees to the Agreement regardless of changes to the Rental Order. This includes but is not limited to, fixing or updating dates, times, notes, Equipment ordered, payments, discounts, travel changing, insurance requirements or any fees required for the event. The Customer agrees and acknowledges that canceling an order will result in the forfeiting of all deposits not to exceed 25% of the rental amount unless otherwise agreed upon by the Company, however Company agrees that the full amount of Customer’s forfeited deposit can be used as a credit for Customer’s future orders.
12. ELECTRICAL REQUIREMENTS. The Customer is responsible for providing, securing, acquiring, or ascertaining any and all electrical power requirements necessary to operate or cause the operation of all Equipment. Customer agrees: (a) to pay in full the amounts due regardless of the Customer’s inability to provide the necessary electrical requirements for the Equipment; (b) for Customer Operated Equipment, to keep all electrical required Equipment within one hundred (100) feet of an electricalsource. Customer acknowledges thatsome and not all Equipment provided by the Company may come with power by means of a generator. (Customer understands that generators are a rental itemand are classified as Equipment and may be rented fromthe Company under this Agreement).
13. PERMITS, LICENSES & INSURANCE. The Customer is responsible to acquire all event permits, event licenses and/or event insurance; and will assume any and all cost associated with event permits, event licenses and/or event insurance. The Customer assumes all risk and full responsibility when acquiring event permits, event licenses and/or event insurance and will pay in full all amounts due to the Company if this agreement is canceled as a result of failure to comply with any State or Local agencies that required event permits, event licenses and/or event insurance. The Company will carry current State required insurance for all Company personal, vehicles & trailers, and for all Company Rental Equipment. The Company will provide proof of the Companies insurance upon Customer request. If Customer requires insurance beyond the standard proof of insurance, the Customer must request, in writing: (a) all Additional Insurance needs, at least three (3) days before the event Rental Period; (b) all attached Endorsement or Waver of Subrogation needs at least two weeks or fourteen (14) days prior to the event Rental Period. The Customer agrees to pay in full all cost, including fees associated with the Companies purchase of Additional Insurance, including but not limited to, the cost of adding additional limits to the Companies insurance policy, Additional Insurance Certificates, attached Endorsement, and/or Wavers of Subrogation, prior to obtaining said insurance from the Company.
14. DELIVERY & OPERATIONAL DIFFICULTIES. The Customer acknowledges and understands that many of the attractions rented fromthe Company may present a delivery and/or operational difficulty. The Customer agrees: (a) to make all information concerning an events delivery methods or circumstances, including making the Company aware of obstacles such as stairs, ramps, sidewalks, distances over (100) one hundred feet froma vehicle, backyard deliveries, gate restrictions, animal issues, delivers onto decks, terraces, sand, grass or inside of a building, available to the Company before conformation of a rental price can be assessed; (b) to gather all information concerning the Company’s Equipment restrictions or limitations that may prevent or complicate a delivery or operation of Equipment. This includes but may not be limited to, the size of equipment such as width, height, length, weight, and whether the Equipment can be carried or is trailer mounted, and make that information known to the company so a proper rental price and feasibility can be assessed; (c) to informthe Company of any operations limitations or restrictions such as, crowd age, weight or size issues, crowd ability or desire and to make that information known to the company so a proper rental price and feasibility can be assessed; (d) to be aware of the Company’s equipment limitations concerning operational limitations (e) to pay the full amount for all equipment rental/s due to failure to use the Equipment rented fromthe Company for any reason mentioned in the aforementioned area; (f) to allow a window of no less than (3) three hours before the contracted start time and (3) three hours after the contracted end time, for the necessary delivery, setup, takedown, and pickup of the Company’s Equipment; (h) Customer acknowledges that any required time that would otherwise interfere, restrict, or infringe upon the (3) three hour window will need to be added to this Agreement as an line itemdescription listing the Customer as having a Preferred Setup or Takedown. Customer agrees that failure to acquire the Preferred Setup or Preferred Takedown on the Customer’s Agreement subjects the Customer to the (3) three-hour window, and any additional cost accrued by the Company in the Company’s attempts to drop off, setup, takedown, or pick up the Equipment. Furthermore, the use of Equipment in any way by the Customer authenticates this Agreement and binds the Customer to these Terms and Conditions.
15. EQUIPMENT MALFUNCTION AND ALLOTTED BREAKS. In the event of equipment malfunction as a result of the Equipment and not of the Customer, the Customer agrees to allow the Company: (a) Fifteen (15) minutes of down time per each piece of Equipment during each three (3) hours of operation. An additional five (5) minutes of down time for each piece of Equipment per extra overtime hour will also apply. If the Equipment is down for more than fifteen (15) minutes in a three-hour period, a refund based on the total cost of the rental Equipment on a piece by piece basis (not including discounts, delivery charges, and insurance cost) rounded in fifteen (15) minute intervals and then divided by the total cost of the rental will be used to calculate the total amount of a refund. All other factors such as weather, failure to provide adequate power, crowd size, temperature, potential loss of income, etc. shall not be a factor in determining or calculating an 11 Rental Agreement Contract for Order # O12335
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adjustment; (b) Customer agrees to pay in full all amounts due for the Equipment regardless of Equipment malfunction or Equipment breakdown. Customer agrees to allow the Company to refund any necessary adjustments within fourteen (14) days of the event. (c) Additionally, Customer agrees to accommodate the Company’s staff, treating themin a fair manner including allowing for at least a single bathroombreak, meal break, and any other necessary break that does not exceed the fifteen (15) minutes of down time per each piece of equipment during each three (3) hours of operation.
16. FAILURE TO PROVIDE EQUIPMENT ORDERED. The Customer acknowledges that unexpected incidents can delay or prohibit the arrival of Equipment. The Company will do as much as possible within reason to provide Equipment ordered but may not be capable of doing so. The Customer agrees that: (a) the Company has the right to substitute Equipment of equal or greater value at any time up to the end of the event; (b) the Company has the right to charge the entire amount of the original equipment for the substituted Equipment if determined necessary by the Company; (c) the Customer agrees to accept any reasonably equalsubstitute as long as the original idea of the Equipment was maintained and the value of the Equipment remained the same or became greater. If Equipment cannot be substituted, the full amount of the rental including the deposit shall be returned to the Customer.
I, the undersigned, herby confirm that I am authorized to sign this Agreement on behalf of Customer, and acknowledge that I do this of my own free will. I have fully read and understand the terms and conditions set forth herein and agree to adhere to the conditions set forth in this Agreement.
CUSTOMER (PRINT)
CUSTOMER (SIGN) DATE
Please remember to initial each page of the agreement and return all pages of the agreement back to Carnival Services.
Fax: 909.212.0175 Email: [email protected] <<<<mailto:[email protected]>>>> Mail: 3866 E Ninth Street. Pomona, CA 91766 12 June 2022 Planning Staff Report
June 14, 2022
TO: PLANNING COMMISSIONERS
FROM: PLANNING STAFF
SUBJECT: MONTHLY PLANNING DEPARTMENTAL COUNCIL REPORT
Staff
1-Planning Clerk (Sonia Tapia)
1-Planning Admin (Marie Stowers)
1-City Planner (Open Position)
1-Consulting Company (Interwest)
Projects/Applications
This report includes the following items:
• A summary of projects and revenue for the month of May 2022 • A list of approved, new, and open projects for May 2022 8 Minute Solar EIR Review
City review of 8 Minute Solar’s Kudu project is located on both City lands and unincorporated County lands. Kudu is located in the northwest portion of California City in general proximity to the California City Municipal Airport.
The Kudu project has been approved by Kern County and the County has certified the project Environmental Impact Report (EIR). While sharing many similarities with the Bellefield project, there are certain unique features of Kudu which City staff will be discussing with 8 Minute Solar. It is likely the Kudu project will be presented to the Planning Commission for review at its July meeting.
SB9 Housing Regulations
Staff is discussing practices for implementing the provision of SB9, a recently adopted housing law. SB9 supersedes local authority for certain approvals related to housing projects. Specifically, SB9 allows division of a residential lot to lot sizes less than allowed under City regulations and allows multiple dwellings on individual lots that are zoned for single family residential use. SB9 allows local agencies to adopt objective standards related to SB9 lot splits and SB9 housing projects. The Planning Department supports and encourages the City Council to consider adopting local SB9 related provisions in the Municipal Code.
Thank You
Planning Staff
13 PROJECT TYPE MAY TOTAL FY TOTAL
CUP: NA
LOT LINE ADJUSTMENTS: NA
LOT MERGERS: NA
SPR: 1 NA
SPR MINOR: 1 NA
TENATIVE PARCEL MAPS: NA
VARIANCE: NA
ZONE CHANGE & GPA: NA
ZONE TEXT AMENDMENTS: NA
PROJECT TYPE MAY TOTAL FY TOTAL
CUP: 1
LOT LINE ADJUSTMENTS: 1
LOT MERGERS: 2
SPR M: 12
SPR: 17
TENATIVE PARCEL MAPS: 3
VARIANCE:
ZONE CHANGE & GPA:
ZONE TEXT AMENDMENTS:
PROJECT TYPE MAY TOTAL
CUP: 1 NA
LOT LINE ADJUSTMENTS: 1 NA
LOT MERGERS: 8 NA
SPR M: 1 NA
SPR: 43 NA
TENATIVE PARCEL MAPS: 7 NA
TENTATIVE TRACT MAPS: 1 NA
VARIANCE: 3 NA
ZONE CHANGE & GPA: 4 NA
PROJECT TYPE MAY TOTAL FY TOTAL
CUP:
LOT LINE ADJUSTMENTS: $ 375.00
LOT MERGERS: $ 1,475.00
SPR: $ 5,045.00 $ 56,990.00
TENATIVE PARCEL MAPS: $ 1,814.00
TENATIVE TRACT MAPS: $ 2,814.00
VARIANCE:
ZONE CHANGE & GPA: $ 3,592.00 $ 10,776.00
Other: $ 2,450.00
TOTALS $ 8,637.00 $ 76,694.00
The FY Total includes May
PLANNING
MONTHLY REPORT
JUNE 2022
Covers Period May 1- May 31, 2022
NEW PROJECTS
APPROVED / COMPLETED PROJECTS
OPEN PROJECTS
REVENUE (Non Reimbursable)
The FY Total includes May Total
14 Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C SPR 22-20 Vardan Nalbandyan / APN 216-150-41 4/25/2022 Interwest NC SPR M 22-21 Will's Boxing / 9072 CCB Suite B NA 5/26/2022 Planning Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC CUP 19-04 8 Minute Solar - Kudu Processing - PC in July 2022 EIR 08/06/19 06/07/22 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Unknown LLA 22-01 George Mamayan/APN 302-273-31,32 and 33 Surveyor has submitted correction to applicant N/A 1/12/2022 2/27/2022 Interwest
PLANNING PROJECT LIST
Tuesday, June 14, 2022
NEW PROJECTS MAY 2022
LOT LINE ADJUSTMENT
Planning Review Completed - PROJECTS MAY 2022
NOTE: NEXT MEETING THE PROJECTS LISTED ABOVE WILL BE MOVED TO ASSOCIATED PROJECT TYPE ON THE FOLLOWING PAGES AND NEW PROJECTS WILL BE LISTED ABOVE. **ALL PROJECTS ON FOLLOWING PAGES ARE SEPARATED BY PROJECT TYPE
CONDITIONAL USE PERMITS
15 Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Unknown LM 19-02 Leland Krelle/APN's 299-263-01 & 08 Waiting for Resubmittal - Applicant to provide redundant deed & title guarantee N/A 03/27/19 02/01/22 Interwest C LM 19-03 Leland Krelle/APN's 299-263-04 & 05 Waiting for Resubmittal - Applicant to provide redundant deed & title guarantee N/A 03/27/19 02/01/22 Interwest Unknown LM 19-04 Leland Krelle/APN's 261-111-05, 06, 09 & 10 Waiting for Resubmittal - Applicant to provide matching deed & title N/A 09/23/19 02/01/22 Interwest C LM 21-02 Arvin Bagdsaryan/APN's 216-010-14 & 30 Under Review - Revised submittal received on 12-7-21 N/A 02/19/21 02/01/22 Interwest Unknown LM 21-06 Jason VanCuren/APN's 206-032-20 & 21 Waiting for Resubmittal - Applicant to provide info requested on 07/23/2021 & 09/07/2021 N/A 03/29/21 02/01/22 Interwest Unknown LM 21-07 Patrick Henderson/APN 302-271-01 & 39 Under Review - Sent to Engineer on 10/19/2021 N/A 10/07/21 02/01/22 Interwest C LM 22-01 APN 299-263-01 & 08 Waiting on client corrections N/A 02/22/22 04/06/22 Interwest NC LM 22-02 APN 203-420-02 & 30 Planning Review N/A 03/15/22 04/24/22 Interwest Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC SPR M 22-21 Will's Boxing / 9072 CCB Suite B 5/26/2022 Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C SPR 20-02 APN 302-077-15 Altanova Planning Review IS/MND 01/23/20 05/02/22 Interwest C SPR 20-11 APN 216-162-06 Green Canna Awaiting payment prior to review of the project. IS/MND 04/22/20 03/29/22 Interwest C SPR 20-13 APN 302-310-16 Cannaplex Update Circulated internally for comments. N/A 10/19/20 05/31/22 Interwest C SPR 20-14 CoreCivic Planning Review (applicant non-communicative) EIR 05/15/20 05/02/22 Interwest C SPR 20-16 Urban Leaf APN 302-271-37 Urban Leaf Circulated internally for comments. NOE 07/09/20 04/06/22 Interwest C SPR 20-24 Complex Greens APN 216-140-06 Circulated internally for comments. IS/MND 11/18/20 04/06/22 Interwest C SPR 20-30 APN 302-271-37 Planning Review IS/MND 08/26/20 05/02/22 Interwest C SPR 20-32 Cantebury/APN 206-041-44 & 206-041-07 Planning Review IS/MND 08/25/20 05/02/22 Interwest C SPR 20-43 Herban Collective LLC APN 216-150-04 Circulated internally for comments. Site plan changed. Trying to contact applicant. IS/MND 02/22/21 06/06/22 Interwest C SPR 20-44 Leland Krelle APN 216-120-04 Awaiting payment prior to review of the project. IS/MND 10/30/19 01/13/22 Interwest C SPR 20-45 APN 216-113-08, 09 and 10 Awaiting payment prior to review of the project. IS/MND NA 01/10/22 Interwest C SPR 21-04 Soft Gold APN 216-010-04 Planning Review IS/MND 02/05/21 04/06/22 Interwest C SPR 21-17 Padron APN 210-263-14 Planning Review IS/MND 03/18/21 04/06/22 Interwest C SPR 21-20 Naughty Panda APN 302-273-30 Waiting on applicant to agree to COAs, then NOE/DH, pending TPM (6/7) NOE 04/05/21 06/07/22 Interwest C SPR 21-21 Gary Allen Shaw APN 206-042-36 Waiting for Resubmittal - Applicant to provide site plan and additional documents IS/MND 04/06/21 01/10/22 Interwest C SPR 21-24 Goodfellas APN 216-010-18 MND complete, applicant has received COAs, schedule DH IS/MND 03/30/21 06/07/22 Interwest C SPR 21-25 Level Up APN 206-031-14 MND complete, applicant has received COAs, schedule DH IS/MND 03/31/21 06/07/22 Interwest C SPR 21-32 APN 206-031-19 Circulated interally for comments. IS/MND 04/05/21 06/07/22 Interwest C SPR 21-36 La Canada LLC/APN 206-032-22 Planning Review IS/MND 12/15/21 05/02/22 Interwest C SPR 21-39 Apo Jan, APN 299-263-01 & 08 Pending LM 22-01, applicant working on additional engineering NOE 08/31/21 06/07/22 Interwest NC SPR 21-40 Mariscos La Perla/APN 213-500-14 applicant reviewing engineering COAs, then schedule DH NOE 10/25/21 06/07/22 Interwest C SPR 21-41 Gentle Greens/APN 206-031-29 Applicant has COAs and is working on updates NOE 09/09/21 06/07/22 Interwest C SPR 21-42 Mr. Saadatkandi/APN 216-180-18 Waiting for Resbumittal - Applicant to revise site plan and complete application NOE 10/25/21 01/15/22 Interwest C SPR 21-43 Artur Grigoryan/APN 216-120-16 Circulated internally for comments. NOE 10/07/21 06/07/22 Interwest C SPR 21-44 Lana Karapetyan/APN 216-120-15 Circulated internally for comments. IS/MND 10/07/21 06/07/22 Interwest C SPR 21-47 Mohammad R Saadatmandi/APN 216-180-18 Awaiting payment prior to review of the project. IS/MND 10/21/21 10/21/21 Interwest SITE PLAN REVIEW - Under Review & Verification of Project Status
LOT MERGER
SITE PLAN REVIEW (MINOR)
16 NC SPR 21-53 Arrow Engineering/APN 225-221-02 &03 MND being corrected by consultant, circualted for comments internally IS/MND 11/08/21 05/02/22 Interwest C SPR 21-56 Mr.Calderon/APN 212-320-36 Incomplete application, awaiting for resubmittal IS/MND 12/14/21 01/14/22 Interwest C SPR 21-57 Natural Green Empire/299-263-02 Applicant has COAs and is working on updates NOE 11/23/21 06/07/22 Interwest C SPR 21-58 Canniland/APN 350-140-10 Applicant has COAs and is working on updates IS/MND 12/22/21 06/07/22 Interwest C SPR 22-01 760 Line/APN 216-010-16 CEQA is done, applicant is working on updates per COAs IS/MND 01/24/22 06/07/22 Interwest C SPR 22-02 California Jungle/APN 206-041-42 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 Interwest C SPR 22-03 Vass Green/APN 216-130-01 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 Interwest C SPR 22-04 Exotica Nursery Gardens/APN 206-042-07 Planning Review - need to be circulated internally IS/MND 01/18/22 05/20/22 Interwest C SPR 22-05 7 Leaves/APN 216-150-19 Planning Review - need to be circulated internally IS/MND 01/20/22 05/20/22 Interwest C SPR 22-08
05,11,12 and 26 Planning Review - need to be circulated internally IS/MND 02/09/22 05/20/22 Interwest C SPR 22-10 GG Wholesales/APN 206-032-25 Planning Review - need to be circulated internally IS/MND 02/18/22 05/20/22 Interwest C SPR 22-11 Allay Essence/APN 299-264-02 Planning Review - need to be circulated internally IS/MND 02/22/22 05/20/22 Interwest C SPR 22-12 APN 302-273-03 Planning Review - need to be circulated internally IS/MND 03/03/22 05/20/22 Interwest C SPR 22-13 APN 302-271-07 Planning Review - need to be circulated internally IS/MND 03/15/22 05/20/22 Interwest NC SPR 22-14 Oasis AG/APN 225-092-13 Fire comments received, waiting on engineering comments, MND in IW review IS/MND 03/14/22 06/05/22 Interwest NC SPR 22-16 APN 203-081-30/Green Pay Recycling Planning Review - need to be circulated internally IS/MND 03/23/22 05/20/22 Interwest C SPR 22-20 Vardan Nalbandyan / APN 216-150-41 4/25/2022 Cannabis (C)
Non-Cannabis (NC) TENATIVE PARCEL MAPS
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF Unknown TPM 12223 APN 302-271-38 PC approved TPM, now in Final Map Review TBD 4/14/2021 Interwest Unknown TPM 12324 APN 216-114-01 PC approval 12-2019, in Final Map Review, needs updated COAs IS/MND Interwest NC TPM 12374 V. Lungari/APN 350-031-02 Correctional Facility - EIR in public review period IS/MND 11/10/2020 02/04/22 Interwest C TPM 12401 A. Tsaturiyan/APN 302-273-30 PC on 6/7 IS/MND 4/13/2021 06/07/22 Interwest C TPM 12407 APN 302-271-19 PC on 6/7 IS/MND 4/12/2021 06/07/22 Interwest C TPM 12417 APN 302-271-15 PC on 6/7 IS/MND NA 06/07/22 Interwest C TPM 12450 APN 229-010-37 Need to route to surveyors IS/MND 12/16/2021 2/27/2022 Interwest C Interwest
Cannabis (C)
Non-Cannabis (NC)
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF TTM 22-01 APN 302-274-01, 02, 03, 04 & 05 3/22/2022
Interwest
Cannabis (C)
Non-Cannabis (NC) VARIANCES
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF NC VAR 20-03 Shell/APN 225-061-12 601 Cal City Blvd Waiting for resubmittal - Email sent to applicant on 07/06/2021 NOE TBD Pending Interwest NC VAR M 21-02 M.Ellison/9532 Rea Ave/10' instead of 8' Planning Review - Documents received on ___________ N/A 04/21/21 Pending Interwest NC VAR M 21-03 J. Heller/9800 Joshua Bld. Block Wall Waiting for Resubmittal email sent on 04/21/2021 N/A 3/1/2021 Pending City City
Cannabis (C)
Non-Cannabis (NC) ZONE CHANGES
TYPE PROJECT APPLICANT/APN PLANNING PROJECT STATUS CEQA TYPE APP DATE ACTIVITY DATE STAFF C ZC 21-05 Arias/299-173-02, 03, 04 City Council consideration of the Appeal on 11-9-21 - Appeal withdrawn NA 04/12/21 NA Interwest C ZC 21-06 M. Ellison/APN 299-173-02, 03, 04 PC July 2022 IS/MND 4/6/2021 06/07/22 Interwest ZC 21-07 R. Milner/APN 225-201-12 PC July 2022 IS/MND 10/18/2021 06/07/22 Interwest C ZC 22-01 Mr. Leaf/APN 302-020-22 PC July 2022 IS/MND 3/16/2022 06/07/22 Interwest
TENATIVE TRACT MAPS
17 *LEGEND ABBREVIATIONS **CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) LEGEND ABBREVIA CUP CE
DH M
LLA MND
LM EIR
NA
SDR
SPR
SPR M
SPR E
TPM
TBD
VAR
ZC
DIRECTOR'S HEARING
LOT LINE ADJUSTMENTS
LOT MERGERS
FOOTNOTE:
Red text indicates payment still needed. No approval will be given without full payment of fees.
CONDITIONAL USE PERMIT
TO BE DETERMINED
VARIANCE
ZONE CHANGE
NOT APPLICABLE
STAFF DEVELOPMENT REVIEW
SITE PLAN REVIEW
SITE PLAN REVIEW MINOR
SITE PLAN REVIEW E (BUSINESS - EXISTING BLDG.)
TENATIVE PARCEL MAPS
18 CC. 1
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 CITY COUNCIL
DATE: June 14, 2022
TO: Mayor and City Council
FROM: Doug Dunford, City Manager
SUBJECT: Adoption of Resolution No. 06-22-2930, a Resolution of the City Council Ratifying the Proclamation of State of Emergency by Governor Newsom on March 4, 2020, and Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency for the Period from June 14, 2022, through July 14, 2022
_____________________________________________________________________________________
BACKGROUND
Since March 12, 2020, Executive Orders from the Governor have relaxed various Brown Act meeting requirements to allow remote meetings and to temporarily suspend the Brown Act provisions requiring the physical presence of Councilmembers at public meetings. Those authorizations expired on September 30, 2021.
On September 16, 2021, the Governor signed AB 361. AB 361 allows local agencies to continue to conduct remote (“Zoom”) meetings during a declared State of Emergency, provided local agencies make specified findings by Resolution. Absent this legislation, local agencies would have had to return to traditional meetings beginning on October 1, 2021, and traditional methods of remote participation by Councilmembers including the requirements of Government code 54953(b)(3).
Government Code 54953(b)(3) provides:
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
To utilize the exemption of AB 361 there must be a Proclamation from the Governor of a State of Emergency. On March 4, 2020, the Governor declared a State of Emergency which continues to this date.
In addition, to utilize AB 361, one of the following must also be true:
CC. 2
36 1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”1; or
2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body will be determining whether there is such risk; or 3) By “majority vote”2 the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
State officials continue to impose and recommend social distancing and indoor masking measures supporting an appropriate finding. The Kern County Public Health Services news release from March 8, 2022, outlined the latest COVID-19 facts and guidelines, including referencing the State’s continued recommendation for indoor masking.
The Council has the option to either return to the traditional Brown Act provisions or continue to pass the required AB 361 Resolution and avail themselves of the modified Brown Act provisions. So long as the declared State of Emergency by Governor Newsom remains in place, along with the local recommendations by Kern County, the Council will have the necessary findings to continue holding meetings under the modified Brown Act rules made available under AB 361. While the Council is not obligated to pass the attached resolution, failure to do so will require the Council, along with all boards and commissions of the City to return to traditional Brown Act requirements.
At the May 24, 2022, City Council meeting, the Council approved Resolution No. 05-22-2924 that made the findings to authorize the conduct of remote “telephonic” meetings during the State of Emergency.
However, the findings only last for a period of thirty days. To continue this exemption, the Council must adopt a new resolution making such findings every thirty days to continue to utilize the exemptions of AB 361. Given that Resolution Number 05-22-2924 expires on June 23, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 06-22-2930 reaffirming that the aforementioned conditions continue to be true and extend the exemption from the requirements of the Government Code Section 54953(b)(3) for an additional thirty days.
ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations.
ATTACHMENTS:
Resolution No. 06-22-2930
1 It is important to distinguish social distancing recommendations (e.g., stay 6 feet apart) from other safety protocols such as masking and vaccines. 2 This would include a majority of a quorum. If, for example, there are 5 members of a legislative body, but only 3 are in attendance at a meeting, then 2 would constitute a majority of those in attendance, and therefore may vote to conduct the meeting remotely.
37 1
RESOLUTION NO. 06-22-2930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, RATIFYING THE PROCLAMATION OF STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND
MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO
AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC”
MEETINGS DURING THE STATE OF EMERGENCY, FOR THE PERIOD
FROM JUNE 14, 2022, THROUGH JULY 14, 2022
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of California City (“City”);
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California, which continues to this date;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 16, 2020, a local emergency related to the Coronavirus, was declared by the Kern County Administrative Office, this declaration was subsequently ratified by the Kern County Board of Supervisors on March 17, 2020; WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 authorizing legislative bodies to telephonically participate in meetings without compliance with the requirements of Government Code section 54953(b)(3) provided the legislative body makes specified findings; WHEREAS, a required condition is that a State of Emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;
WHEREAS, a further condition of AB 361 if one of the following is true:
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”; or
38 2
2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees”; or
3) By “majority vote” the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
WHEREAS, the Kern County Public Health Services news release from March 8, 2022, outlined the latest COVID-19 facts and guidelines as well as current State recommendations that public indoor masking for unvaccinated individuals is no longer required, but continues to be strongly recommended;
WHEREAS, within the last 30 days, on May 24, 2022, the City Council of the City of California City adopted a Resolution finding that the circumstances of the State of Emergency declared by the Governor and (1) the State of Emergency directly impacts the ability of the members of this legislative body to meet safely in person; and (2) state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, the City Council, by this Resolution herein authorizes, for an additional thirty (30) days, exemption from the requirements of Government code section 54953(b)(3) for telephonic participation by Councilmembers in Council meetings from June 14, 2022, through July 14, 2022.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of California City as follows:
1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. The City Council finds that local officials, specifically, the Kern County Public Health Services, continues to reference State recommendations regarding recommended masking measures to ensure the safety of residents.
3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
5. This Resolution shall take effect immediately upon its adoption and shall be effective starting June 14, 2022, until the earlier of July 14, 2022, or such time as the City Council adopts a subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of California City may 39 3
continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 14th day of June 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanie O’Laughlin, Mayor
ATTEST:
_______________________________
Tiffany Carter, Deputy City Clerk
40 4
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF CALIFORNIA CITY )
I, Laurie Sutton do hereby certify that I am the duly appointed City Clerk of the City of California City, and that the foregoing Resolution was duly adopted at a regular meeting of the Mayor and City Council of the City of California City held on the 14th day of June 2022. _______________________________
Tiffany Carter, Deputy City Clerk
APPROVED AS TO FORM
________________________
Victor Ponto, City Attorney
41 ITEM NO. NB.1
COUNCIL AGENDA ITEM
JUNE 14, 2022
PREPARED BY: Doug Dunford, City Manager
SUBJECT: Information and Discussion on the Odor Mitigation Process for Cannabis Complaints
BACKGROUND/ DISCUSSION:
Staff at the request of Council researched the odor mitigation process for the Cannabis industry in California City. Per our Municipal Code:
Sec. 5-6.906 Miscellaneous Operating Requirements subsection (h) states:
Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site.
Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
42 The City has the process in place and the enforcement section as well, under:
Sec 5-6.1405 – Inspection and Enforcement –
a) The City's Police Department, Fire Department, Code Enforcement and Building Department, and Finance Department are charged with enforcing the provisions of the California City Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time during the hours of operation without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
b) It is unlawful for any person having responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under State or local law.
Sec.5-6.1503 - Criminal Penalties. Each and every violation of the provisions of this Chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
The process for all this to have an impact on the quality of life for our citizens is to begin the initial report with the Code Enforcement Officer. They will develop a case from there to ascertain if there is a violation or not. If no violation, the case is closed.
If there is a violation then they will increase there presence on the business to gain compliance. If no compliance is gained, then the issuance of citations will be used to gain compliance.
FISCAL IMPACT
None
COUNCIL OPTIONS
The Council Options would include:
1. Do Nothing
2. Support the current ordinance as written
3. Direct Staff to determine what other cities are doing with cannabis regarding odor mitigation concerns
RECOMMENDATION
43 Staff recommends that Council support the currently written ordinance and allow that process to be used to its fullest extent possible.
ATTACHMENTS
None
44 ITEM NO. NB.2
COUNCIL AGENDA ITEM
JUNE 14, 2022
PREPARED BY: Doug Dunford, City Manager
SUBJECT: Council Discussion and Direction on Directing the Mayor to Verbally Approve the Recommendations of the California League of Cities Requests for Letters of Support or Opposition
BACKGROUND/ DISCUSSION
Staff has been approached by Council to obtain clarification on communications with respect to current bills that the City would like to support or oppose. The California League of Cities makes recommendations on whether to support or oppose a bill or action of the legislature. Normally, when Cal Cities sends out the request for letter of support or opposition it is a short turnaround time that they request the letter. Staff is asking for direction on allowing the Mayor to verbally approve the requested letters to the City Manager to execute.
FISCAL IMPACT
None
COUNCIL OPTIONS
The Council options are:
1. Do Nothing
2. Council give direction approving the Mayor verbally supporting Cal Cities recommendation
RECOMMENDATION
Staff recommends that the Council approve the Mayor giving verbal approval for letter submittal to the California League of Cities.
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