Cities Index.
Agenda packet, regular meeting

California City City Council
January 10, 2023

Document
Agenda packet, regular meeting
Meeting
January 10, 2023
Body
California City City Council
Pages
33
Original file
34.8 MB
Text extracted from the city's file for reading and search. Open the original on www.californiacity-ca.gov. That file is the official record.

AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

MEETING
TUESDAY, JANUARY 10, 2023
CLOSED SESSION @ 5:00PM
REGULAR MEETING @ 6:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Deputy City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-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/84598281042

2.Meeting ID: 845 9828 1042

3.Public can dial into the Zoom line:
a.One tap mobile: +16694449171,,87475859247# US
b.Dial the following number: +1 564 217 2000 US

4.Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. 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 January 10, 2023
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 5:00 PM

CALL TO ORDER

ROLL CALL
Councilmembers: Kulikoff, Smith, Creighton, Macedonio, Mayor Kulikoff

ADOPT AGENDA

PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items the Closed Session agenda. Each member of the public will be given (3) three minutes to speak. Please state your name for the record.

CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL EXPOSURE TO LITIGATION Paragraph (2) of subdivision (d) of Section 54956.9 and subdivision (a) of Section 54956.95

REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

ROLL CALL
Councilmembers: Kulikoff, Smith, Creighton, Macedonio, Mayor Kulikoff

CITY CLERK REPORTS/ LATE COMMUNICATIONS
• Correspondence from J.M. Powers dated December 9, 2022. J.M. Powers has requested they be part of the official record. They will be attached to the minute meetings closest to the date he submitted.

DEPARTMENTAL REPORTS
• OHV
• Park & Recreation

PRESENTATION
P 1. Oath of Office for our New Police Officer – by Police Department P 2. Introduction of New Dispatcher – by Police Department 2 January 10, 2023

DESIGNATION OF MAYOR PRO TEMPORE
Pursuant to CCMC 2.1.104 (b),
Each time a Mayor is seated, the most senior member of the Council who has not yet served as Mayor Pro Tempore shall serve as Mayor Pro Tempore. The council member who has received the most votes during the most recent election shall serve as Mayor Pro Tempore if two council members have equal seniority.

The council member who declines to serve as Mayor Pro Tempore shall be deemed to have served for determining succession. Mayor Pro Tempore shall serve at the pleasure of the council and may be removed by the affirmative vote of majority of the council, in which event a majority of the council shall select a successor

NEW BUSINESS
NB 1. City Council Appointments - Boards/Agency’s/Commissions/Committees – Interim City Manager Dr. Jim Hart
Recommendation:

Staff recommends the City Council review the boards and commissions and direct staff if there are:

1. Any changes to City Council representation on current board or commission assignments.

2. Any City boards or commissions that need to be discontinued.

3. Any City boards or commissions that need to be activated.

CITY MANAGER REPORT
CM 1. CORE Compliance
Recommendation:

Receive the presentation and approve to execute an agreement with Core Compliance for an amount not to exceed $97,600.00 for a 12- month period.

CM 2. NORESCO
Recommendation:

Receive the presentation from NORESCO and provide further direction to staff

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.

CONSENT CALENDAR
All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no council member, staff, or public member wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required. 3 January 10, 2023
CC 1. Approve City Check Register dated 12/20/2022 through 01/05/2023 – By Finance Manager, Kenny Cooper

CC 2. Approve Resolution No. 01-23-2961, A Resolution of the City Council of the City of California City approving the applicant to apply for, and receive grant funds for the state of California, Department of Parks and Recreation, Off-Highway Vehicle Recreation grant funds – By OHV Manager, Inge Elmes
CC 3. Approve Resolution No. 01-23-2960, A Resolution of the City Council of the City of California City to establish a new project entitled “Balsitis Park Recreational Soccer Field” and submit an application for $72,607 in Kern County community development block grant (CDBG) Funds for fiscal year 2023-2024 – By Park and Recreation Manager, Theresa Oaks

CC 4. Approve Resolution No. 01-23-2962, 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 January 10, 2023, through February 9, 2023 – By Interim City Manager, Dr. Jim Hart CC 5. Approve Minutes for October 11, 2022 & December 13, 2022 City Council Meeting – By City Clerk, Socorro Chavez

CC 6. Approve Update to Salary Schedule – By Human Resource Generalist, Serina Rodarte

PUBLIC HEARING
PH 1. Introduce and Waive the First Reading of Ordinance No. 23-799 to Adopt Military Equipment Use Policy (“Policy”) as Required by Assembly Bill 481 (“AB 481”) – By Interim City Manager, Dr. Jim Hart

PUBLIC HEARING PROCEDURE
A. Mayor read the item
B. Mayor declare the Public Hearing open
C. Hear staff report
D. Council questions only
E. Ask city clerk to report on any communication(s)
F. Mayor call for public testimony
G. Close Public Hearing by motion
H. Council discussion
I. Council motion and vote
Recommendation:

Staff recommends that the City Council approve the following actions:
(1) Introduce and waive the first reading of the proposed Ordinance of the City of California City adopting a Military Equipment Policy (“Policy”) in accordance with state law; and (2) Recommend Ordinance No. 23-799 for second reading on January 24, 2023.

NEW BUSINESS
NB 2. Motion to Approve Advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. – CML – 5399 (031) project – By Interim City Manager Dr. Jim Hart
4 January 10, 2023
Recommendation:

Motion to authorize the advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. – CML – 5399 (031) project.

NB 3. Reed Removal Equipment Purchase – By Parks and Recreation Manager, Theresa Oaks

Recommendation:

Staff recommends council authorize purchase of reed removal equipment from Weedoo NB 4. Desert Jade – Update – Discussion – Action – By Councilmember Ronald Smith

Recommendation:

Allow volunteers to prepare these units for immediate occupancy by our seniors that are on the waiting list.

NB 5. Special Tax Discussion – By Councilmember Ronald Smith

Recommendation:

Immediately pursue discussion and develop a plan for Public Safety protection.

NB 6. Cannabis Odor Mitigation - Temporary Greenhouse – By Councilmember Ronald Smith

Recommendation:

Take immediate action on odor mitigation and adherence to cannabis ordinance. Take immediate action on temporary greenhouses.

NB 6A. Disposition of Temporary Greenhouses - By Councilmember Jim Creighton Recommendation:

Direct the City Manager and City Attorney to eliminate all temporary greenhouses or allow a period of time for the cannabis business to bring the facilities into compliance

CONTINUED BUSINESS
CB 1. Reconsideration of Fast Track Resolution - By Interim City Manager, Dr. Jim Hart

Recommendation:

The City Council adopt Fast Track Resolution 01-23-2963 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 as well as the City website at least 72 hours prior to the Adjourned Regular Meeting. Socorro Chavez, City Clerk 5 January 10, 2023
6 January 10, 2023
Late Communications
7 January 10, 2023
8 January 10, 2023
9 January 10, 2023
10 January 10, 2023
ITEM NO.

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
New Year’s holiday weekend was met with inclement weather yet brought out an OHV visitor count of 292 visible RV groups in the OHV riding areas. Next major holiday staff is preparing for, will be President’s Day Holiday weekend.

Operations
Ground crew continues to maintain OHV riding areas, install signage, and upkeep amenities. Park aides are preparing for the next holiday.

Manager Updates
Staff attended the Grants Cooperative Agreement Program Workshop and is preparing for the G23 OHMVR grant application cycle.

Finance Report
For the month of December, OHV sales totaled $18,382.00. 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.
11 January 10, 2023
DEC 2022 MONTHLY OHV PROGRAM SALES FY 22/23

SALES QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10
Single Permits $15 361 $2,775 $840 $1,665 $135 $5,415 24,045.00 Small Family (Prorated) $40
Small Family $60 88 $2,040 $660 $2,340 $240 $5,280 35,460.00 Large Family (Prorated) $80
Large Family $100 13 $600 $300 $400 $1,300 9,100.00
OHV 4 Pack (Prorated) $35
OHV 4 Pack $50 38 $950 $250 $700 $1,900 11,050
RV Pass (Prorated) $15
RV Pass $30 36 $450 $90 $510 $30 $1,080 5,610.00
Single Dump Pass $5 16 $55 $25 $80 520
Single Water Pass $5 29 $110 $5 $30 $145 540
Additional Permits (Prorated) $5
Additional Permits $10 31 $210 $30 $70 $310 2,020.00
Free Free 13 0
Residents Permits Free 12 0
Paypal Fees - $4 $4 12 $48 $48 $328
Holiday Week Day - Power $25 50
Holiday Week Day - Water $15 30
Non-Holiday Weekday-Power $15 4 $15 $45 $60 360.00
Non-Holiday Weekday-Water $10 100.00
Holiday Weekend - Power $40 200
Holiday Weekend - Water $20 80
Non-Holiday Weekend-Power $25 3 $75 $75 650.00
Non-Holiay Weekend-Water $15 210
Shower Tokens $0.50 746 $318 $55 $373 1,784.00
Transient Lodging $150
Vendor Fees $1 5 $365 $215 $580 1,960.00
Special Event Fees $5 0
Map Sales $3 10 $24 $6 $30 141
Donations $1 11 $11 $11 154
Hoodies $40 28 $360 $640 $1,000 3,720.00
Short Sleeve Shirts $20 2 $40 $40 540.00
Long Sleeve Shirts $30 315.00
Caps $20 9 $120 $40 $160 860.00
Bucket Hats $20 130.00
Visors $15 60.00
Beenies $15 23 $120 $205 $325 1,040.00
Tumblers $25 1 $15 $15 145.00
Magnets $5 4 $15 $5 $20 60.00
Ornaments $8 4 $20 $20 20.00
Stickers $3 5 $6 $9 $15 129.00
Coffee Mugs $15 3 $20 $10 $30 150.00
Shot Glasses $8 9 $52 $8 $60 215.00
Keychain $10 1 $10 $10 165.00
MONTHLY TOTALS $8,726 $2,175 $7,028 $453 $18,382 $101,941.00 12 January 10, 2023

CITY COUNCIL
DATE: 01/10/2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of December
______________________________________________________________________ Events
The annual Tree Lighting, Parade, and Holiday Village event was a major success.

The parade had over 40 entries and ended at the Holiday Village where there were over 30 vendors, fun and games. Staff are continuing to plan movie nights with our next at the end of January and weather permitting, will be outside. The City’s annual easter egg hunt, partnering with Safe haven Kids league will be our next event, and Tortoise Days, hopefully with a parade, will be not long after.

Operations
During the month of October, our staff has had their focus on Holiday Village as well as supporting the many non-profits with their holiday events that were held at Central Park. Our maintenance staff has been focused on the influx of graffiti, as well as daily clean up at Par 3, the dog park, and Balsitis.

The adult aerobics class is back. The class is Tues, Wed, and Fri from 10-11. The Strata is open for adult walking club from 11- 12 on Tues., Wed., and Fri. The Strata Center also continues to be open with game room activities and open gym.

The Parks free art classes are every Wednesday afternoon from 2:30- 4 pm at the Strata Center.

Staff are moving forward with the Balsitis playground and basketball court project. Staff will also be holding another town hall meeting at the Art Center at Central Park to talk more about the 5-year plan.
13 January 10, 2023
The parks and recreation commission has revised their meeting schedule to be the third Monday of the month at 6 pm.

Programming
Programming will continue to include adult aerobics, adult walking club, as well as open gym. Staff are still working with We Got Next Sports which has brought a phenomenal basketball program, NFL flag football as well as cheerleading. In the coming year they will be adding Soccer, as well as tackle football. Staff continues to partner with the Art Commission in hosting art classes for kids of all ages. The Art Commission also hosts a paint n sip the third Saturday of every month. In late January/ early February staff will also begin martial arts training for kids of all ages. Staff are in the beginning stages of providing dance classes, as well as a drama club for the people in this community. In addition, therehas been recent interest shown in having a line dancing class, which we will be begin planning for early spring.

ABC Learning Program is starting their second round. Staff and the kids are all having a great time. We are currently running at capacity with a waiting list.

Future Programming
Staff and volunteers are working to finalize everything for the ceramics class. Staff have begun planning for summer camp. Staff has also begun searching for potential lifeguards as well as finding training for these potential lifeguards. 14 January 10, 2023

A LIMITED LIABILITY PARTNERSHIP
WWW.OMLOLAW.COM
500 SOUTH GRAND AVENUE ∎ 12TH FLOOR ∎ LOS ANGELES, CA 90071 PHONE 213.744.0099 ∎ FAX 213.744.0093

MEMORANDUM
To: California City City Council
From: Office of the City Attorney
Date: January 6, 2023
Subject: Appointment of Mayor Pro Tempore Post Certification of November 8, 2022 Election

EXECUTIVE SUMMARY
Following certification of the election results for the November 8, 2022, election, the City Attorney’s Office was asked to provide input regarding the appointment of Mayor Pro Tempore pursuant to California City Municipal Code (“Municipal Code”) Section 2-1.104(b). A review of the Municipal Code, California Government Code, and past practices in the City of California City (“City”) has determined that Ronald V.

Smith Jr. should be appointed as Mayor Pro Tempore for the City.

DISCUSSION
Municipal Code Section 2-1.104(b) states “the most senior member of the Council who has not yet served as Mayor Pro Tempore shall serve as Mayor Pro Tempore.” It goes on to say that in the event two councilmembers have equal seniority, as is the current case with Councilmember Jim Creighton and Councilmember Karen Macedonio, then “the council member who has received the most votes during the most recent election shall serve as Mayor Pro Tempore.” There is a question as to whether the use of “most recent election” in the Municipal Code refers to the general election held on November 3, 2020, or the general election held on November 8, 2022.

Government Code Section 36801 states “The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore.” Pursuant to the Government Code, the Mayor Pro Tempore position is selected after certification of election results and installation of newly elected officials, the reference to the “most recent election” in the Municipal Code refers to the election whose results have just been certified. In addition, section 2-1.104 (b) of the Municipal 15 January 10, 2023
Designation of Mayor Pro Tem
January 6, 2023

Page 2 ends

Code states the appointment of the Mayor Pro Tempore is to occur after a Mayor has been seated, after certification of election results.

Both Government Code Section 36801 and Municipal Code Section 2-1.104(b) are clear that the Mayor Pro Tempore appointment occurs after certification of election results, making the reference to “most recent election” in Municipal Code Section 2-1.104(b) to the most recently certified election, the general election held on November 8, 2022.

CONCLUSION AND RECOMMENDATION
The California City Municipal Code is clear as to the process for appointing a Mayor Pro Tempore in the event that there are two councilmembers with equal seniority, as is currently the case. The councilmember who received the most votes in the November 8, 2022, election is Ronald V. Smith Jr and Councilmember Smith should be appointed as Mayor Pro Tempore.

Both the appointment in 2020 and 2018 were made with a motion by the Mayor and a second by another Councilmember, there was no nomination process or discussion prior to either appointment. Both appointments took place at the beginning of the meeting, after adoption of the agenda, as their own item, with a citation to Municipal Code Section 2-1.104(b) included in the agenda, our office recommends the same process be followed for this appointment.
16 January 10, 2023

CITY COUNCIL
Date: January 10, 2023
To: Mayor and City Council
From: Interim City Manager, Dr. Jim Hart
Subject: City Council Appointments - Boards/Agency’s/Commissions/Committees Background
The City Council requested that staff bring to the Council meeting the list of the boards, commissions, and advisory committees that the council appoint or serve on as representatives of the City.

Recommendation
Staff recommends the City Council l review the boards and commissions and direct staff if there are:

1. Any changes to City Council representation on current board or commission assignments.

2. Any City boards or commissions that need to be discontinued.

3. Any City boards or commissions that need to be activated.

Fiscal Impact
None
17 January 10, 2023
NB 1.

ORGANIZATION APPOINTMENT MEETING SCHEDULE
Administration/Budget/Audit Subcommittee (Primary and Alt) Finance, staff meetings called as necessary Police and Fire Issues
AIRPORT ADVISORY COMMISSION The Board shall consist of
five residents of the City,
who are qualified by virtue
of their interest in the
community and interest in
the operations of the Airport.

The Board shall advise the Airport Manager, City
Manager and Council on matters affecting the
Airport. The Council may refer specific issues to
the Board for its advice.

California City Correctional Facility Citizen Advisory
Committee
Four times per year - dates TBD
California City Economic Development Corporation
(CCEDC)
(Not Active)
Meetings held 1st Thursday at 8:30am at the
Sprague building (Board Mtg.) and 3rd Thursday
(General Mtg.) of each month at 7:30am at
varying locations.

California City Housing Authority Jeannie O’Laughlin Nick Lessenevitch Jim
Creighton Kelly Kulikoff
Karen Macedonio
As Needed
California City/MUSD Cooperation Committee Karen Macedonio Jeannie O’Laughlin (Alt)
Quarterly
No meetings scheduled at this time
Citizen Advisory Committee (CAC)
Chairman reports quarterly on Special Tax, road paving
(Not Active. Need to Confirm)
Meet at 6:00 p.m. on 3rd Thursday of each month
in the City Council chambers.

Page 1 of 4 ends

18 January 10, 2023

ORGANIZATION APPOINTMENT MEETING SCHEDULE
Disaster Council Mayor, who shall serve as
chair; (2)The Director of
Emergency Services, who
shall serve as the vicechair;
(3)The Assistant Director of
Emergency Services; ( 4)
Such Chiefs of Emergency
Services as are provided for
in the current Emergency
Plan adopted by the City;
and (5)Such representatives
of various civic, business,
labor, veteran, professional,
or other organizations
having an official emergency
responsibility which has
been appointed by the
Director of Emergency
Services with the advice
and consent of the Council.

The Disaster Council shall meet upon the call of
the Chair, or upon call of 10/7/14 43the Vice
Chair (in the absence of the Chair).

EAFB Civilian Military Support Group
Jim Creighton
7:30 am second Thursday of every month.

Location: California Edison Bldg. on 10th
Street West in Lancaster.

EAFB Installation Restoration Program/Restoration
Advisory Board (PENDING)
Jim Creighton Quarterly at a minimum
East Kern Economic Alliance Karen Macedonio
Kelly Kulikoff (Alt)
East Kern Economic Alliance Jim Creighton Jeannie
O’Laughlin (Alt)
As needed
Eastern Kern Air Pollution Control Board Jim Creighton Nick Lessenevitch (Alt)
Every other month

Page 2 of 4 ends

19 January 10, 2023

ORGANIZATION APPOINTMENT MEETING SCHEDULE
Friends of EAFB Jeannie
Kelly Kulikoff (Alt)
Meeting schedule not yet determined
Golf Course Subcommittee Nick Lessenevitch
Jeannie O’Laughlin
As needed
Kern Council of Governments (KCOG) Nick Lessenevitch Jim Creighton (Alt)
Third Thursday of the month
Kern County Association of Cities
Karen Macedonio
Last Thursday in months of March, May, July,
September, November
Host city rotates through membership
Kern County City Selection Committee: Hazardous
Waste Management Committee
Nick Lessenevitch Jim
Creighton (Alt)
Kern Economic Development Corporation (KEDC) Jeannie O’Laughlin Nick Lessenevitch (Alt)
First Thursday of every other month
League of California Cities/ Desert Mountain Division Jeannie O’Laughlin Kelly Kulikoff (Alt)
Fourth Friday every other month.

Host city rotates through membership.

Local Agency Formation Commission (LAFCO)
Membership expired
5:00pm 4th Wednesday of each month
Park and Recreation Commission Terry Lucy Shauna Royten Carolinda Batiste Todd
Broussard
Duane Vasquez
2:30 pm the third Wednesday of each month
Personnel Relations Subcommittee (Primary and Alt) No direct participation in negotiations Planning Commission Carolinda Fleming
Carla Conry Ralph
Cantrell Jay
Dunham
Kim Welling
6:00pm the first and third Tuesday of each
month
(2-year term, staggered appointments made
yearly in April by Council, take office May 1)
Public Safety Development Public Works Subcommittee (Primary and Alt) Planning/Community Development Engineering, Water, Sewer, Streets
Regional Water Management Group
(Confirm)
Primary
Alt CONFIRMED??

Page 3 of 4 ends

20 January 10, 2023

ORGANIZATION APPOINTMENT MEETING SCHEDULE
SDI ADVISORY COMMITTEE The SDI
Advisory Committee shall
consist of two (2) members
serving four-year terms.

One (1) member shall be
appointed by the City. (1)
One member shall be
appointed by Mojave County
Landowners News, Inc., dba
California City Landowners
Association
The SDI Committee shall have no further force
or effect when the SDI Agreements have been
fully performed.

Successor Agency to the California City
Redevelopment Agency
Directors Jeannie
O’Laughlin Nick
Lessenevitch
Jim Creighton Kelly Kulikoff
Karen Macedonio
As needed
Traffic Committee Traffic Engineer, the Chief
of Police, and the City
Manager. The Traffic
Engineer shall serve as
chair of the Committee.
75th Anniversary Committee Pending

Page 4 of 4 ends

21 January 10, 2023
ITEM NO. CM 1.

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Dr. Jim Hart, Interim City Manager
SUBJECT: PRESENTATION BY CORE COMPLIANCE AND APPROVAL FOR CITY MANAGER TO

ENTER INTO AND AGREEMENT FOR CANNABIS COMPLIANCE SERVICES

BACKGROUND/ DISCUSSION
The City currently allows cannabis manufacturing, cultivation, delivery and retail sales.

To date, the City has not had sufficient staff to ensure approved cannabis operations are complying with City codes, keeping proper records, properly calculating taxes, etc.

The Fire Department and Code Enforcement has monitored compliance with planning and building codes but has not done any enforcement/oversight of the business operations, sales or tax calculations.

Staff was authorized by the City Council to recruit for and employ a Cannabis Compliance Manager but staff has been unsuccessful in receiving qualified applicants.

Through involvement with cannabis in other jurisdictions, the City Manager has worked with Core Compliance which is a business that does cannabis business operation compliance in other cities. They have been successful in bringing cannabis businesses into compliance with city codes, ensuring proper accounting for and reporting of cannabis taxes, and ensuring all regulations for the State are followed.

Staff reached out to Core Compliance requesting a scope of work to assist the City in its compliance efforts.

Attached is the scope of work with a total cost not to exceed $97,600.00 for a 12-month period. There are some quoted functions that may not take as long as anticipated (i.e. ordinance review) and that is why this is a “not to exceed” amount. 22 January 10, 2023
As a comparison, to hire a Cannabis Compliance Manager, assuming staff received qualified applicants, the cost would be approximately $132,000 with salary and benefits. And possibly only one person would not perform the scope of services that Core Compliance can.

As a result of the need to ensure the City is receiving proper revenue, that operators are complying with City and State codes, staff is seeking the City Council’s authority for the City Manager to execute an agreement with Core Compliance.

FISCAL IMPACT
A cost of no more than $97,600.00 for a 12-month period of time. Funds are available in the Cannabis account 10-4171-310 to cover this cost.

COUNCIL OPTIONS

1. Approve staff’s recommendation to authorize the City Manager to execute an agreement with Core Compliance for an amount not to exceed $97,600.00

2. Not authorize the City Manager to execute an agreement with Core Compliance

3. Provide other direction to staff

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute an agreement with Core Compliance for an amount not to exceed $97,600.00 for a 12- month period of time.

ATTACHMENTS
Presentation by Core Compliance
Proposed scope of work
23 January 10, 2023
24 January 10, 2023
25 January 10, 2023
26 January 10, 2023
27 January 10, 2023
28 January 10, 2023
29 January 10, 2023
30 January 10, 2023
31 January 10, 2023
32 January 10, 2023
33 January 10, 2023
34 January 10, 2023
35 January 10, 2023
36 January 10, 2023
37 January 10, 2023
38 January 10, 2023
UPDATED: PROPOSED

SCOPE OF WORK
California City
Core Compliance LLC
2026 N Riverside Ave
Suite C168
Rialto, California 92377
United States
8182358750
www.corecompliancellc.com

BILL TO
California City
Dr. Jim Hart
21000 Hacienda Blvd
California City, 93505
United States
(760) 373-8661
[email protected]
Estimate Number: Cannabis
Compliance
Estimate Date: November 14, 2022
Expires On: December 31, 2022
Grand Total (USD): $97,600.00
Items Quantity Price Amount
Ordinance Review
Review of existing ordinance to propose changes
that will favor improved cannabis compliance.

Assigned Staff: 1 Compliance Analyst
Timeline: January-March 2023
80 $150.00 $12,000.00
Compliance Inspections
Compliance meeting will be scheduled and
implemented with each of the 25 permitted
operators. During the compliance meeting, an
inspection will occur and operator will be informed
of compliance expectations.

Assigned Staff: 1 Compliance Analyst, 1 Inspector
(25 licenses, 2 hours each)
Timeline: April-June 2023
50 $300.00 $15,000.00
Financial Audit
A financial audit will be conducted for each operator
who was active in the City. Audit period will cover
2020-present day unless advised otherwise.

Assigned Staff: 1 Auditor (20 hours month 1 & 2, 10
hours month 3-12)
Timeline: April-September 2023
140 $165.00 $23,100.00

Page 1 of 3 ends

39 January 10, 2023
Items Quantity Price Amount
Technical Assistance
Consultant will provide ongoing technical assistance
to operators to assist with maintaining compliance.

Consultant will also provide general ongoing
compliance activities such as managing a Listserv
for operators to remind of excise tax due dates,
permit renewals, etc.

Consultant will also develop and maintain
compliance assets such as inspection reports, audit
working papers, and excise tax forms.

Assigned Staff: 1 Compliance Analyst (20 hours per
month)
Timeline for ongoing management: January -
December 2023
240 $150.00 $36,000.00
Database Development
A cannabis compliance case management system
will be developed and implemented to properly track
all operators, manage audit and inspection notes,
and provide a database for consistent follow up to
maintain annual compliance.

Assigned Staff: 1 Compliance Analyst, 1 Developer
40 hours month 1 & 2
Initial Draft ETA February 2023
Timeline for ongoing management: January -
December 2023
40 $250.00 $10,000.00
Travel
Fuel for inspections (240 miles round trip)- Estimate
assumes an estimate of three inspections per day
for a not to exceed amount of 10 inspection days for
the year.

Rialto to CA City 10x
2400 $0.625 $1,500.00

Page 2 of 3 ends

UPDATED: PROPOSED

SCOPE OF WORK
California City
Core Compliance LLC
2026 N Riverside Ave
Suite C168
Rialto, California 92377
United States
8182358750
www.corecompliancellc.com
40 January 10, 2023
Total: $97,600.00
Grand Total (USD): $97,600.00
Notes / Terms
Scope of work requested by Dr. Jim Hart as a result of a meeting held on November 3, 2022.

Page 3 of 3 ends

Cannabis Compliance Proposal
UPDATED: PROPOSED

SCOPE OF WORK
California City
Core Compliance LLC
2026 N Riverside Ave
Suite C168
Rialto, California 92377
United States
8182358750
www.corecompliancellc.com
41 January 10, 2023
ITEM NO. CM 2.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Dr. Jim Hart, Interim City Manager
SUBJECT: Presentation by NORESCO and Direction to Staff

BACKGROUND/ DISCUSSION
Ryan Gunstream representing NORESCO will be making a presentation (attached) and is requesting the City Council consider adopting a resolution authorizing the City Manager to execute a Project Development Agreement with NORESCO to develop a Water and Energy Efficiency Project pursuant to California Government Code Section 4217.

California Government Code Sections 4217.10-4217.18 (attached) were enacted in 1984 because of an energy crisis. The purpose was to assist public agencies in expediting and financing energy conservation measures. This Code eliminates the necessity to separately contract for the design and construction phases of a project. As well, it provides public agencies an exception from statutory competitive bidding requirements for public works energy services contracts related to renewable energy and energy conservation. Under these provisions of law, the agency must: (1) provide a two-week public notice before authorizing the procurement; and (2) find that funds for the repayment of the financing or the cost of design, construction, and operation of the facility, or both, as required by contract, are projected to be available from revenues resulting from sales of electricity from the facility.

Advantages of Energy Savings Performance Design-Build Contracting California Government Code Section 4217 allows the City to forgo its standard low-bid public procurement processes to implement turn-key energy services projects when the City finds this procurement method is in its best interest. This procurement model ensures that NORESCO will implement the project for a Guarantee Maximum Price with no change orders, complete the project on-time, and ensure that the systems are performing as specified in the design-build contract. This consists of the following:
42 January 10, 2023
• Collaborative Project Development Process — The design process enables the City to define project goals, participate in the project's design process, and select the subcontractors and equipment vendors that provide the best value solution. • Faster Project Delivery — Since the design build procurement method integrates the project design and pricing/bidding process, this enables the City to significantly reduce the time it takes to move from design to construction.
• Fixed Price Contract (with no change orders) — The detailed design process will define the project's scope of work, develop engineering documentation and specifications, and engage subcontractors and equipment vendors to verify project constructability and pricing.
• Fewer Construction Issues & Cost Impact — The project team (NORESCO and City) will work together for the term of the project development; together they will identify many of the probable construction issues and potential project pitfalls. This collaborative approach would not be possible as part of a normal design, bid, and build project.

To provide more efficient services consistent with General Plan policies, and with electricity costs continuously on the rise, staff would like to explore the potential for achieving greater energy efficiency and improve facility infrastructure for the City. A strong driver was the desire to create more sustainable facilities by using new technologies and clean energy.

The NORESCO Water and Energy Efficiency Project Development Agreement involves a unique public/private partnership; an approach that allows for a streamlined solution to implementing energy and infrastructure replacement projects. The program is divided into four phases:

1. Preliminary Analysis

2. Detailed Design Analysis and Cost Analysis

3. Installation

4. Performance Guarantee Term
A major objective of this process is to minimize risk to the City. NORESCO does this in several ways. First, the City expends no funds until the City has co-authored goals and objectives that must be met by the project in order to move forward and has developed a scope-of-work that meets those criteria. Second, Project cost is a guaranteed maximum price with no change orders.

Finally, the annual savings are guaranteed and backed by the financial stability of Carrier Corp, NORESCO’s parent company.

Preliminary Analysis will be developed to provide a Water and Energy Services project that will be self-funding. NORESCO will collect data and conduct onsite surveys of infrastructure improvements. This effort will develop a list of potential Facility Improvement Measures (FIMs) that will be the basis of the energy, water, and operational and maintenance savings plan. A ProForma business case for the financial impact of the FIMs relative to the baseline will be developed.

The deliverables resulting from the Preliminary ("Step 1") Analysis will include:
43 January 10, 2023
a. A list of FIMs expected to meet financial criteria with a summary of the scope of each measure.
b. A summary of the energy savings and greenhouse gas emissions reduction expected to result from the package of FIMs.
c. An estimated cost to implement the package of FIMs and to provide optional ongoing services.
d. A recommended implementation process.
e. A cash flow Pro-Forma and Potential financing, grant and rebate sources. f. Preliminary analysis.
g. Water Audit.

Cost: All costs associated with Step 1 except for staff time to assist in the study, are to be funded by NORESCO and, therefore, NORESCO will not charge the City for any work associated with Step 1. If the City decides not to proceed to Step 2 at this point, no costs will be incurred by the City. Upon final determination of scope of work from Preliminary Analysis, the City will move into Step 2 and provide a written Notice to Proceed from the City to NORESCO. All costs associated with Step 2 will be included in the Guaranteed Maximum Price.

As there is no cost to the City for this phase, no budget impact is anticipated. Should the City proceed with Steps 2 and 3, appropriate budget measures will be identified.

FISCAL IMPACT
At this time there is no fiscal impact to the City.

COUNCIL OPTIONS
Receive the presentation from NORESCO and provide further direction to staff.

Receive the presentation and not provide any further direction to staff.

RECOMMENDATION
Receive the presentation from NORESCO and provide further direction to staff

ATTACHMENTS
Presentation by Ryan Gunstream on behalf of NORESCO
Government Code Sections 4217.10-4217.18
44 January 10, 2023
November 22, 2022

ENERGY SERVICES PERFORMANCE CONTRACTING
45 January 10, 2023
Presentation
Overview
Goals of ESPC project
Schedule and milestones
Selections from May INRAC Meeting
ECM – Measure Review
Project Bundles
Measurement & Verification
Financing & Contracts
• City Council input on Energy Services
Performance Contracting (ESPC)
project development.
• Review of Options on how to proceed
with next steps
46 January 10, 2023
Develop a bundled project where cost savings pay
for the improvements by leveraging the ESPC model.

Goals of ESPC Project
GOALS
 Energy/water efficiency
Air conditioning, lighting, building automation, irrigation, etc.  Renewable energy/on site generation
Including evaluating eV charging and/or resiliency.
 Water infrastructure
City-wide water meter upgrade / AMI / pumps
 Streetlights
Identify savings & explore funding sources (series circuit issue) 47 January 10, 2023
3 Field Audits
Tentative Schedule

SCHEDULE
 Noresco engineer field audits with staff assistance
 Constructability reviews
 Final Measurement & Verifications (M&V)
Preliminary Assessment
 Review utility data on buildings, systems, etc.
 Noresco’s estimators - cost & savings
 Baseline analysis & additional utility data from SCE
 Self-funding project identification
City Council Approved IGA development
IGA Kickoff Meetings with Staff
January 2023 Data Collection completed & Begin Legal Review of ESA
February 2023 Consultant Engineering Site Visits
February 2023 Preliminary Analysis Review & Review of
Conceptual Funding Models
March 2023 60% INRAC Status Update & Community
Outreach
February 2023
April 2023 90% review/ Public workshop with INRAC
April 2023 Final IGA Report & CA 4217 posting
March 2023 30% Design Review of Project with Staff
January 2023
January 2023
INRAC Status Update & Community Outreach
May City Council Approval to begin Installation 2023
48 January 10, 2023
4 SELF-FUNDING OPTION
Self-Funding Option Energy Conservation Measure Summary 5 • Renewable Energy and Sustainable Upgrades
• Solar PV Carports and Electric Vehicle Chargers
included in self-funding project model
• Renewable energy to reduce City Hall
electric consumption
• Integrated electric vehicle chargers
49 January 10, 2023

RENEWABLE ENERGY
Optional Energy Conservation Measure Summary
6 • Police Department Solar PV Carports
• Shaded parking for approximately 80
parking spaces
• Renewable energy to reduce Police
Department electric consumption
• Integrated electric vehicle chargers
50 January 10, 2023

SELF-FUNDING
Self-Funding Option Energy Conservation Measure Summary 7 • Solar PV Ground-mount at Main Wells
• Renewable energy to reduce Water
Well electric consumption
Upgrade of SCADA Historian Server
• Replacement of the inoperable SCADA
Historian server will re-establish collection
of constant water operations data
• Data collected may support Phase II energy
cost savings project
51 January 10, 2023

ECM MATRIX
Energy Conservation Measure Matrix Options
52 January 10, 2023
8 M&V PLAN
Measure and Verification Plan
53 January 10, 2023
9 FINANCING
Financing & Contracts
10 • Overall Structure: Annual Energy Cost Savings exceed Annual Payments (Debt Service + M&V/O&M) for each year of the contract • Typical ESPC Financing: Tax-Exempt Lease Purchase (TELP) ⁻ Often the lowest rate
⁻ Payments deferred until Construction is complete and savings begin to accrue ⁻ Subject to annual appropriations
⁻ Simple agreement with low transaction costs
Contracts

1. Energy Services Agreement (ESA) – between NORESCO and City, includes design/build, O&M/M&V, and Savings Guarantee

2. TELP financing contract – Between City and financier for debt service payments • Interest Rate: Typically bid as a Fixed Premium above a floating rate (usually interpolated Treasury Rate based on Term of financing), with the final rate determined just before contract signing Potential Project Financing Options* - NORESCO is not a municipal advisor and cannot give advice with respect to municipal financial products. This information is
provided for educational purposes about possible
financing options and is not to be considered advice, or a recommendation to pursue, any financing option.

NORESCO recommends the City of Fullerton Consult with
your municipal advisor or financial advisor about the
financing option appropriate for your situation.
54 January 10, 2023
55 January 10, 2023
56 January 10, 2023
57 January 10, 2023
58 January 10, 2023
CC 1.
59 January 10, 2023
60 January 10, 2023
61 January 10, 2023
62 January 10, 2023
63 January 10, 2023
64 January 10, 2023
65 January 10, 2023
66 January 10, 2023
67 January 10, 2023
68 January 10, 2023
69 January 10, 2023
70 January 10, 2023
71 January 10, 2023
72 January 10, 2023
73 January 10, 2023

ITEM NO. CC 2.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: Adopt Resolution No. 01-23-2961, A Resolution of the City Council of the City of California City approving the applicant to apply for and receive grant funds for the California State Parks Grants Cooperative Agreement Program, Off-Highway Motor Vehicle Recreation grant funds.

BACKGROUND/ DISCUSSION
The city of California City applies annually for funding through the Off Highway Motor Vehicle Recreation Grants and Cooperative Agreements Program. The state OHMVR Division requires an annual resolution from the city council that approves the applicant to apply for and receive grant funding from the California State Parks Grants Cooperative Agreement Program.

FISCAL IMPACT
Staff will be requesting funding consistently with previous years applications. Exact amounts will be calculated after application is submitted.

RECOMMENDATION
Staff recommends that city council adopt Resolution No. 01-23-2961 which allows applicant to apply for and receive grant funding for the upcoming 2023/2024 grant cycle from the OHMVR Division Grants and Cooperative Agreements Program.

ATTACHMENTS
A. Resolution 01-23-2961

74 January 10, 2023
RESOLUTION NO. 01-23-2961

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING THE

APPLICANT TO APPLY FOR, AND RECEIVE GRANT FUNDS FOR THE STATE OF CALIFORNIA,

DEPARTMENT OF PARKS AND RECREATION, OFF-HIGHWAY VEHICLE RECREATION GRANT FUNDS
WHEREAS, the people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for Operation and Maintenance, Restoration, Law Enforcement, Development, Planning, and Education and Safety for off-highway vehicle recreation; and
WHEREAS, the Off-Highway Motor Vehicle Recreation Division with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and WHEREAS, procedures established by the California Department of Parks and Recreation require the Applicant’s Governing Body to certify by resolution the approval to apply for and receive grant funding from the Off-Highway Motor Vehicle Grants Cooperative Agreement Program; and WHEREAS, this Project appears on, or is in conformance with this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding the Project, Now therefore be it resolved that the City of California City hereby:

1. Approves the applicant to apply for and the receiving of grant funding from the OffHighway Vehicle Recreation Grant or Cooperative Agreement Program; and

2. Certifies that this agency understands its legal obligations to the State upon approval of the Grant; and

3. Certifies that this agency understands the California Public Resources Code requirement that Acquisition, and Development Projects be maintained to specific conservation standards; and

4. Certifies that the Project will be well-maintained during its useful life;and

5. Certifies that this agency will implement the Project with diligence once funds are available and the Applicant has reviewed, understands, and agrees with the Project Agreement; and

6. Certifies that this agency will provide the required matching funds; and

7. Certifies that the public and adjacent property owners have been notified of thisProject (as applicable);and

8. Appoints Inge Elmes as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for completion of theProject.

PASSED, APPROVED, AND ADOPTED on this 10th day of January 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
75 January 10, 2023

__________________________
Kelly Kulikoff, Mayor
ATTEST:
___________________________
Socorro Chavez, City Clerk

APPROVED AS TO FORM
______________________________
Victor Ponto, City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City at a regular meeting thereof held on the 10th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Socorro Chavez, City Clerk
76 January 10, 2023

CITY COUNCIL
January 10, 2023
TO: Mayor and City Council
FROM: Theresa Oaks Recreation Supervisor
SUBJECT: City Council's Resolution approving the Balsitis Project for the City's Annual Action Plan (CDBG FY 23/24 Funds).

BACKGROUND:

In order to comply with the requirements of the Community Development Block Grant (CDBG) Funds application; a public hearing was held on December 13, 2022, to receive input, ideas, and help from the community to identify eligible and qualifying projects for the use of the Fiscal Year 2023/24 CDBG funds (approximately $72,607). The Council voted to apply for the Balsitis Park Recreational
Soccer Fields Project.

RECOMMENDATION:

The City Council adopt "RESOLUTION NO. 01-23-2960 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY TO ESTABLISH A NEW PROJECT ENTITLED ‘BALSITIS PARK RECREATIONAL SOCCER FIELDS’ AND SUBMIT AN APPLICATION FOR $72,607 IN KERN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE FISCAL YEAR 2023-2024."
ATTACHMENTS:

Resolution
FISCAL IMPACT:

None
ENVIRONMENTAL ACTION:

N/A
CC 3.
77 January 10, 2023
RESOLUTION NO. 01-23-2960

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY TO ESTABLISH A NEW PROJECT ENTITLED "BALSITIS PARK RECREATIONAL SOCCER FIELD" AND SUBMIT AN APPLICATION FOR $72,607 IN KERN COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE FISCAL YEAR 2023-2024

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, STATE OF CALIFORNIA as follows:

Section 1. Purpose
A public hearing was held on December 13, 2022, to consider the City's proposed use of CDBG Funds for the Fiscal Year 2023-2024.

The purpose of this resolution is to establish a new project entitled " Balsitis Park Recreational Soccer Field Project " and authorize the submission of the application package for $72,6071 in CDBG Funds for the Fiscal Year 2023-2024.

PASSED, APPROVED, AND ADOPTED this 10th day of January 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Kelly Kulikoff Mayor
ATTEST:

Socorro Chavez, City Clerk
78 January 10, 2023

CITY COUNCIL
DATE: January 10, 2023
TO: Mayor and City Council
FROM: Dr. Jim Hart, Interim City Manager
SUBJECT: Adoption of Resolution No. 01-23-2962, 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 January 10, 2023, through February 9, 2023
_____________________________________________________________________________________

BACKGROUND
Since March 12, 2020, Executive Orders from Governor Newsom 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 4.
79 January 10, 2023
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.

The Kern County Public Health Services news release from December 1, 2022, encourages everyone to take preventative measures as winter viruses, including COVID-19 circulate. Additionally, State officials continue to impose and recommend social distancing and indoor masking measures for additional protections.

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.

To utilize the exemptions available under AB 361, the City Council must adopt a resolution making the required findings and renew the resolution every thirty (30) days.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 01-23-2962 reaffirming that the aforementioned conditions continue to be true and utilize 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 of the California Code of Regulations.

ATTACHMENTS:

Resolution No. 01-23-2962
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.
80 January 10, 2023
RESOLUTION NO. 01-23-2962

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 JANUARY 10, 2023, THROUGH FEBRUARY 9, 2023
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:
81 January 10, 2023
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”; 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”; 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 December 1, 2022, encouraged all individuals to take preventative measures as winter viruses, including COVID-19 circulate;
WHEREAS, the City Council, by this Resolution herein authorizes, for thirty (30) days, exemption from the requirements of Government code section 54953(b)(3) for telephonic participation by Councilmembers and Commissioners in all meetings from January 10, 2023, through February 9, 2023.

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 January 10, 2023, until the earlier February 9, 2023, 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 continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
82 January 10, 2023

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 acting 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 10th day of January 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kelly Kulikoff, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
83 January 10, 2023

STATE OF CALIFORNIA )

COUNTY OF KERN ) SS

CITY OF CALIFORNIA CITY )
I, Socorro Chavez 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 10th day of January 2023. _______________________________
Socorro Chavez, City Clerk

APPROVED AS TO FORM
_______________________
Victor Ponto, City Attorney
84 January 10, 2023

CITY OF CALIFORNIA CITY

CITY COUNCIL
TUESDAY OCTOBER 11, 2022

MEETING MINUTES
REGULAR MEETING @6:00 PM
21000 Hacienda Blvd., California City, CA 93505

CALL TO ORDER
Mayor O’Laughlin called the meeting to order at 6:00 PM.

PLEDGE OF ALLEGIANCE/INVOCATION
Pledge of allegiance by: Councilmember Creighton
Invocation by: Pastor Mohr from New Life Assembly of God

ROLL CALL
City Clerk Chavez called roll:

Present: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin

Absent: None

ADOPT AGENDA
Motion by: Councilmember Macedonio 2nd by: Councilmember Creighton VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
CITY CLERK REPORTS/LATE COMMUNICATIONS - No Audio available • Correspondence from J.M. Powers dated October 10, 2022. We received correspondence from J.M. Powers he requested they be part of the official record. They will be attached to the minute meetings closest to the date he submitted.
• Correspondence from DJ Twohig dated October 10, 2022.

DEPARTMENT REPORTS - No Audio available
• OHV
• Park and Recreation
• Planning (Department report will be on October 25th agenda)

CITY MANAGER REPORT
• City Manager Dr. Jim Hart – Update council about recruitment, people aren’t applying for jobs.

Middle of November, getting back together and getting the process started.

PRESENTATION
None

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
None

PUBLIC BUSINESS FROM THE FLOOR
CC 5.
85 January 10, 2023
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
• Al Hudson – Spoke
• Howard – Spoke
• Shawn B – Spoke Via Zoom
• David Toledo – Union Member Spoke
• Andrew M - Union Member Spoke
• Pete G - Union Member Spoke
• Onjie S - Union Member Spoke
• Jesus R - Union Member Spoke
• Jose - Union Member Spoke
• Cesar - Union Member Spoke
• Simon R - Union Member Spoke
• Mike G - Union Member Spoke
• Adrian B - Union Member Spoke
• Harley B - Union Member Spoke
• Belinda - Spoke

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 Check Register dated 09/23/2022 through 10/06/2022 CC 2. approve bid for Section 21 Water Mains Replacement Project by - City Engineer Ramon H Pantoja
Motion to approve CC1: Motion by: Councilmember Creighton 2nd by: Councilmember Kulikoff AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
Discussion on CC2:
• Councilmember Creighton – we are replacing 32,991 linear feet of water line it’s a great start.

Comments on contract 2.2 you still have road construction vs. water line replacement, and section

3.3 should be 100 working days not 25.
• Councilmember Kulikoff – Mentioned that it seems a lot higher that previous approval for a water main replacement.
• Mayor O’Laughlin – Questioned on how the process works, how would a local firm have been invited.

Public Comments on CC2:
• Al Hudson – Spoke
• Shawn B – Spoke
• Duane Vazquez – Spoke
86 January 10, 2023
Motion to approve CC2 with modification of 100 days and project typo: Motion by Councilmember Creighton 2nd by: Councilmember Macedonio
AYES: Councilmember Creighton, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin NOES: Councilmember Kulikoff,
VOTE: 4 Yes 1 Nays 0 Abstain 0 Absent Motion Carried

NEW BUSINESS
NB 1. Presentation of FY 2020-21 Financial Audit Report Prepared by Bryant L. Jolley, Certified Public Accountants by - Kenneth Cooper, Finance Manager
Recommendation: Staff recommends that Council receive and file the FY20-21 Audit Report from Bryant Jolley CPA’s.
• Finance Manager Kenny Cooper read NB1 Report
• Ryan Jolly mentioned the completion of audit for FY 20-21. Issued an unqualified and unmodified opinion on the city’s books and records and found them in compliance with generate accepted accounting principles. General fund on page 9, this year the Net change of fund balance was an increase of 1.7 million. Revenues exceeded expenditures by 1.7 million. The most concerned is the airport Fund. Recommendation is to not be treated as an enterprise fund, because is not being supportive of user fees but roll it into department on the general fund. Enterprise funds on pages 11 & 12 are operating an intended, nothing to report. Financial position improved for the city for the FY 21. Issued a management report to city council, regarding findings. Significant improvements.

Councilmember Comments:
• Pro Tem Lessenevitch – This is a turnaround accomplishment from where we were previous 3 years.
• Mayor O’Laughlin – Agreed to Pro Tem Lessenevitch comments. Page 135 of agenda item or

Page 33 ends

Public Comments:
• Al Hudson – Spoke
• DJ Twohig – Spoke
Motion to accept and file Councilmember Creighton 2nd by: Councilmember Macedonio AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 2. Fast Track Resolution 10-22-2952 (Pursuant to Resolution 05-19-2090) by - Interim City Manager Dr.

Jim Hart 2 October 11, 2022
Recommendation: The City Council approve the Resolution adopting a Fast Track process to improve processing and tracking of applications submitted to the planning and building departments. • City Manager Dr. Jim Hart read NB2 report.

Councilmember Comments:
• Councilmember Macedonio: Personal challenge after the grand jury reports in prior discussions that the policy belongs to the council and procedure and processes belong to the city manager. 87 January 10, 2023
Questioned the city Attorney Victor Ponto, is it possible that document can be broken in two parts.

One that is the policy that starts above now therefore, where council is saying that we want to support local law and the streamlining act? And actual procedures and processed will be under the jurisdiction of the city manager. Attorney Victor Ponto responded to her questions. Concerned that we need to address the back log.
• Councilmember Creighton – Questioned about Fiscal impact on planning and building department are generally revenue neutral, there paid for by the fees collected from developers. • Councilmember Kulikoff – Commented on Councilmember Creighton comment. • Pro Tem Lessenevitch– if we already approved a resolution that encourage city to implement fast tracking. How we done since it was approved? Wasn’t it approved by the previous city council, so it been 3 years in the making and it has not happened?
• Mayor O’Laughlin – We have the resolution on the book, but we haven’t been following it. We have an Internal City Manager who is looking at it, him as the administrator has been procedures to makes sure it gets done.

Public Comments:
• Ron S – Spoke
• DJ Twohig – Spoke
• Al Hudson – Spoke
Direction from Council - We have a resolution to implement fast track, we would like to see that going.

We want to have a clear line between council policy and administrative policy so that we are setting the president to move this city forward. We will bring it back, directing city manager and city attorney.

Amended Motion to bring back on October 25th /adopt resolution in different ways: Motion by:

Councilmember Kulikoff 2nd by: Councilmember Pro Tem Lessenevitch AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 3. Water Standby Charge-Intention to Levy by – Dr. Jim Hart, Interim City Manager Recommendation: Adopt “Resolution No. 10-22-2953 Of the City Council of the City of California City initiating proceedings for the establishment of the Water Standby charges for fiscal year 2022-23” • Mayor O’Laughin – Opened to Public Hearing and take motion to continue the public hearing to October 25th city council meeting. Read resolution no. 10-22-2953.

Public Comments:
• DJ Twohig – Spoke
Motion to continue hearing to October 25th meeting: Motion by: Mayor O’Laughlin 2nd by:

Councilmember Macedonio
AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
88 January 10, 2023
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 4. Approval of Service Order with Clear Gov for City Budget Preparation by – Dr. Jim Hart, Interim City Manager
Recommendation: Staff recommends that the City Council approve the Service Order with Clear Gov in the amount of $19,240.00.
• City Manager Dr. Jim Hart spoke about the ClearGov.
• Joe made presentation about ClearGov.
• Mayor O’Laughin - Questioned if Digital Budget book can upload into Casselle. On the Charts and graphs can we get expenses by function. Does it have a account numbers. Asked if a link can be put on website, so residents can look at it.
• Councilmember Macedonio – Mentioned an accounting calendar. Questioned, how many personnels can we train and cross train with this contract. Is data ready for cleargov to go? Would like to know more about the AI forecasting tool. Would this help us with our prop 218 compliance? • Councilmember Kulikoff – it’s a good idea to clean up the budgeting.

Public Comments:
• Al Hudson – Spoke
• Mark Goodell – Spoke
• Duane Vazquez – Spoke
Motion to Approve NB4: Motion by Councilmember Kulikoff 2nd by: Councilmember Macedonio AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 5. Pothole and Roads Problem by – Kelly Kulikoff, Councilmember Recommendation: City Council and public to discuss possible solutions. Bring back an action item, workshop, or trail item for further discussion.
• Councilmember Kulikoff read NB5 report.
• Councilmember Macedonio – Mentioned a presentation about a road survey that state has, there is a form that we can fill out. Asked Amo if there has ever been a master plan for streets? We need to explore on getting a road assessment.
• Mayor O’Laughlin – Mentioned that the City Engineering had done a street survey. Asked to see one, to see what is available.
• Councilmember Creighton - Mentioned that it has been a while a survey was done, last time it was with Joe Barragan he was producing one, when he was public works director. • City Manager Dr. Him Hart – Mentioned that he will follow up with Ramon from BHT.

Public Comments:
• Al Hudson – Spoke
• Mark Goodell – Spoke
• Shawn B – Spoke Via Zoom
• Duane Vazquez – Spoke
89 January 10, 2023
Councilmember Kulikoff - Recommendation to get information from BHT about the road assessment and City Manager comes back to us with that information and move forward.

COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS • Councilmember Creighton – Question to staff since 2019 how much in impact an connections fees have been waived?
• Councilmember Kulikoff – Mentioned that he was contacted by engineer about the bridge.

Requested to add to agenda report on next council meeting. • Councilmember Macedonio – Asked for a Granicus link of a webinar and its available on the homepage. I am going to attend a 6 hour training on October 19 and 20th from the institute of local government. Request the city manager review document and incorporate the procedures for the use of SDI homes and 22-23 budget process.
• Mayor O’Laughlin – We need to figure out, what is going on with Desert Jade. Would like to have this as a discussion on the next agenda item. There is a housing corporation that has desert jade and a desert jade corporation that has the legends. Would like to have the city attorney review and see if we have any legal obligation to sell it base on the reason they transferred.

ADJOURNMENT
Motion by: Councilmember Creighton 2
nd by: Councilmember Kulikoff
PASSED, APPROVED, AND ADOPTED this 8
th day of December 2022.
______________________________
Kelly Kulikoff, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
90 January 10, 2023

CITY OF CALIFORNIA CITY

CITY COUNCIL
TUESDAY DECEMBER 13, 2022

MEETING MINUTES
REGULAR MEETING @6:00 PM
21000 Hacienda Blvd., California City, CA 93505

CALL TO ORDER
Mayor O’Laughlin called the meeting to order at 6:00 PM.

PLEDGE OF ALLEGIANCE/INVOCATION
Pledge of allegiance by: Mayor Pro Tem Lessenevitch
Invocation by: Pastor Mohr from New Life Assembly of God

ROLL CALL
City Clerk Chavez called roll:

Present: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin

Absent: None

ADOPT AGENDA
Motion by: Mayor Pro Tem Lessenevitch 2nd by: Mayor O’Laughlin VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
CITY CLERK REPORTS/LATE COMMUNICATIONS - No Audio available • Correspondence from J.M. Powers dated October 10, 2022. We received correspondence from J.M. Powers he requested they be part of the official record. They will be attached to the minute meetings closest to the date he submitted.
• Correspondence from DJ Twohig dated October 10, 2022.

DEPARTMENT REPORTS - No Audio available
• OHV
• Park and Recreation
• Planning (Department report will be on October 25th agenda)

CITY MANAGER REPORT
• City Manager Dr. Jim Hart – Update council about recruitment, people aren’t applying for jobs.

Middle of November, getting back together and getting the process started.

PRESENTATION
None

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
None
91 January 10, 2023

PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
• Al Hudson – Spoke
• Howard – Spoke
• Shawn B – Spoke Via Zoom
• David Toledo – Union Member Spoke
• Andrew M - Union Member Spoke
• Pete G - Union Member Spoke
• Onjie S - Union Member Spoke
• Jesus R - Union Member Spoke
• Jose - Union Member Spoke
• Cesar - Union Member Spoke
• Simon R - Union Member Spoke
• Mike G - Union Member Spoke
• Adrian B - Union Member Spoke
• Harley B - Union Member Spoke
• Belinda - Spoke

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 Check Register dated 09/23/2022 through 10/06/2022 CC 2. approve bid for Section 21 Water Mains Replacement Project by - City Engineer Ramon H Pantoja
Motion to approve CC1: Motion by: Councilmember Creighton 2nd by: Councilmember Kulikoff AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
Discussion on CC2:
• Councilmember Creighton – we are replacing 32,991 linear feet of water line it’s a great start.

Comments on contract 2.2 you still have road construction vs. water line replacement, and section

3.3 should be 100 working days not 25.
• Councilmember Kulikoff – Mentioned that it seems a lot higher that previous approval for a water main replacement.
• Mayor O’Laughlin – Questioned on how the process works, how would a local firm have been invited.

Public Comments on CC2:
• Al Hudson – Spoke
• Shawn B – Spoke
92 January 10, 2023
• Duane Vazquez – Spoke
Motion to approve CC2 with modification of 100 days and project typo: Motion by Councilmember Creighton 2nd by: Councilmember Macedonio
AYES: Councilmember Creighton, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin NOES: Councilmember Kulikoff,
VOTE: 4 Yes 1 Nays 0 Abstain 0 Absent Motion Carried

NEW BUSINESS
NB 1. Presentation of FY 2020-21 Financial Audit Report Prepared by Bryant L. Jolley, Certified Public Accountants by - Kenneth Cooper, Finance Manager
Recommendation: Staff recommends that Council receive and file the FY20-21 Audit Report from Bryant Jolley CPA’s.
• Finance Manager Kenny Cooper read NB1 Report
• Ryan Jolly mentioned the completion of audit for FY 20-21. Issued an unqualified and unmodified opinion on the city’s books and records and found them in compliance with generate accepted accounting principles. General fund on page 9, this year the Net change of fund balance was an increase of 1.7 million. Revenues exceeded expenditures by 1.7 million. The most concerned is the airport Fund. Recommendation is to not be treated as an enterprise fund, because is not being supportive of user fees but roll it into department on the general fund. Enterprise funds on pages 11 & 12 are operating an intended, nothing to report. Financial position improved for the city for the FY 21. Issued a management report to city council, regarding findings. Significant improvements.

Councilmember Comments:
• Pro Tem Lessenevitch – This is a turnaround accomplishment from where we were previous 3 years.
• Mayor O’Laughlin – Agreed to Pro Tem Lessenevitch comments. Page 135 of agenda item or

Page 33 ends

Public Comments:
• Al Hudson – Spoke
• DJ Twohig – Spoke
Motion to accept and file Councilmember Creighton 2nd by: Councilmember Macedonio AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 2. Fast Track Resolution 10-22-2952 (Pursuant to Resolution 05-19-2090) by - Interim City Manager Dr.

Jim Hart 2 October 11, 2022
Recommendation: The City Council approve the Resolution adopting a Fast Track process to improve processing and tracking of applications submitted to the planning and building departments. • City Manager Dr. Jim Hart read NB2 report.

Councilmember Comments:
93 January 10, 2023
• Councilmember Macedonio: Personal challenge after the grand jury reports in prior discussions that the policy belongs to the council and procedure and processes belong to the city manager.

Questioned the city Attorney Victor Ponto, is it possible that document can be broken in two parts.

One that is the policy that starts above now therefore, where council is saying that we want to support local law and the streamlining act? And actual procedures and processed will be under the jurisdiction of the city manager. Attorney Victor Ponto responded to her questions. Concerned that we need to address the back log.
• Councilmember Creighton – Questioned about Fiscal impact on planning and building department are generally revenue neutral, there paid for by the fees collected from developers. • Councilmember Kulikoff – Commented on Councilmember Creighton comment. • Pro Tem Lessenevitch– if we already approved a resolution that encourage city to implement fast tracking. How we done since it was approved? Wasn’t it approved by the previous city council, so it been 3 years in the making and it has not happened?
• Mayor O’Laughlin – We have the resolution on the book, but we haven’t been following it. We have an Internal City Manager who is looking at it, him as the administrator has been procedures to makes sure it gets done.

Public Comments:
• Ron S – Spoke
• DJ Twohig – Spoke
• Al Hudson – Spoke
Direction from Council - We have a resolution to implement fast track, we would like to see that going.

We want to have a clear line between council policy and administrative policy so that we are setting the president to move this city forward. We will bring it back, directing city manager and city attorney.

Amended Motion to bring back on October 25th /adopt resolution in different ways: Motion by:

Councilmember Kulikoff 2nd by: Councilmember Pro Tem Lessenevitch AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 3. Water Standby Charge-Intention to Levy by – Dr. Jim Hart, Interim City Manager Recommendation: Adopt “Resolution No. 10-22-2953 Of the City Council of the City of California City initiating proceedings for the establishment of the Water Standby charges for fiscal year 2022-23” • Mayor O’Laughin – Opened to Public Hearing and take motion to continue the public hearing to October 25th city council meeting. Read resolution no. 10-22-2953.

Public Comments:
• DJ Twohig – Spoke
Motion to continue hearing to October 25th meeting: Motion by: Mayor O’Laughlin 2nd by:

Councilmember Macedonio
94 January 10, 2023
AYES: Councilmember Creighton, Councilmember Kulikoff,, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 4. Approval of Service Order with Clear Gov for City Budget Preparation by – Dr. Jim Hart, Interim City Manager
Recommendation: Staff recommends that the City Council approve the Service Order with Clear Gov in the amount of $19,240.00.
• City Manager Dr. Jim Hart spoke about the ClearGov.
• Joe made presentation about ClearGov.
• Mayor O’Laughin - Questioned if Digital Budget book can upload into Casselle. On the Charts and graphs can we get expenses by function. Does it have a account numbers. Asked if a link can be put on website, so residents can look at it.
• Councilmember Macedonio – Mentioned an accounting calendar. Questioned, how many personnels can we train and cross train with this contract. Is data ready for cleargov to go? Would like to know more about the AI forecasting tool. Would this help us with our prop 218 compliance? • Councilmember Kulikoff – it’s a good idea to clean up the budgeting.

Public Comments:
• Al Hudson – Spoke
• Mark Goodell – Spoke
• Duane Vazquez – Spoke
Motion to Approve NB4: Motion by Councilmember Kulikoff 2nd by: Councilmember Macedonio AYES: Councilmember Creighton, Councilmember Kulikoff, Councilmember Macedonio, Mayor Pro Lessenevitch, Mayor O’Laughlin
NOES: None
VOTE: 5 Yes 0 Nays 0 Abstain 0 Absent Motion Carried
NB 5. Pothole and Roads Problem by – Kelly Kulikoff, Councilmember Recommendation: City Council and public to discuss possible solutions. Bring back an action item, workshop, or trail item for further discussion.
• Councilmember Kulikoff read NB5 report.
• Councilmember Macedonio – Mentioned a presentation about a road survey that state has, there is a form that we can fill out. Asked Amo if there has ever been a master plan for streets? We need to explore on getting a road assessment.
• Mayor O’Laughlin – Mentioned that the City Engineering had done a street survey. Asked to see one, to see what is available.
• Councilmember Creighton - Mentioned that it has been a while a survey was done, last time it was with Joe Barragan he was producing one, when he was public works director. • City Manager Dr. Him Hart – Mentioned that he will follow up with Ramon from BHT.

Public Comments:
• Al Hudson – Spoke
95 January 10, 2023
• Mark Goodell – Spoke
• Shawn B – Spoke Via Zoom
• Duane Vazquez – Spoke
Councilmember Kulikoff - Recommendation to get information from BHT about the road assessment and City Manager comes back to us with that information and move forward.

COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS • Councilmember Creighton – Question to staff since 2019 how much in impact an connections fees have been waived?
• Councilmember Kulikoff – Mentioned that he was contacted by engineer about the bridge.

Requested to add to agenda report on next council meeting. • Councilmember Macedonio – Asked for a Granicus link of a webinar and its available on the homepage. I am going to attend a 6 hour training on October 19 and 20th from the institute of local government. Request the city manager review document and incorporate the procedures for the use of SDI homes and 22-23 budget process.
• Mayor O’Laughlin – We need to figure out, what is going on with Desert Jade. Would like to have this as a discussion on the next agenda item. There is a housing corporation that has desert jade and a desert jade corporation that has the legends. Would like to have the city attorney review and see if we have any legal obligation to sell it base on the reason they transferred.

ADJOURNMENT
Motion by: Councilmember Creighton 2
nd by: Councilmember Kulikoff
PASSED, APPROVED, AND ADOPTED this 8
th day of December 2022.
______________________________
Kelly Kulikoff, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
96 January 10, 2023

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Serina Rodarte, HR Generalist
SUBJECT: Update - Salary Schedule

BACKGROUND/ DISCUSSION
The California minimum wage increased to $15.50 per hour, effective January 1, 2023, for all employees receiving the 2022 minimum wage will be increased to $16.00 to complete with companies around the area.

As a result, a number of our positions must be adjusted in order to pay the employee the new wage.

FISCAL IMPACT
The fiscal impact will be $21,000

COUNCIL OPTIONS

RECOMMENDATION
Staff recommends approving the amended 2022-2023 Update Salary Schedule with the reflected changes.

ATTACHMENTS
A. California City 2022-2023 Updated Salary Schedule
CC 6.
97 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Account Clerk I 19 1 0.00 0.00 0.00
2 16.61 1328.80 2879.07
3 17.44 1395.24 3023.02
4 18.31 1465.00 3174.17
5 19.23 1538.25 3332.88
6 20.19 1615.16 3499.52
Misc Account Clerk II 29 1 20.20 1616.00 3501.33
2 21.21 1696.80 3676.40
3 22.27 1781.64 3860.22
4 23.38 1870.72 4053.23
5 24.55 1964.26 4255.89
6 25.78 2062.47 4468.69
Misc Account Clerk III 33 1 22.28 1782.40 3861.87
2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Administrative Clerk 19 1 0.00 0.00 0.00
2 16.61 1328.80 2879.07
3 17.44 1395.24 3023.02
4 18.31 1465.00 3174.17
5 19.23 1538.25 3332.88
6 20.19 1615.16 3499.52
Misc Administrative Secretary 52 1 22.02 1761.60 3816.80 2 23.12 1849.68 4007.64
3 24.28 1942.16 4208.02
4 25.49 2039.27 4418.42
5 26.77 2141.24 4639.34
6 28.10 2248.30 4871.31
Misc Airport Maint/OP Specialist 23 1 17.47 1397.60 3028.13 2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Updated January 10, 2023 1
98 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Airport Manager 36 1 23.93 1914.40 4147.87
2 25.13 2010.12 4355.26
3 26.38 2110.63 4573.02
4 27.70 2216.16 4801.67
5 29.09 2326.97 5041.76
6 30.54 2443.31 5293.85
Misc Building Inspector 33 1 22.28 1782.40 3861.87
2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Clerk Typist 15 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.70 1336.00 2894.67
Misc Cross Connection Specialist 55 1 29.10 2328.00 5044.00 2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Misc Data Processing/Analyst 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Deputy City Clerk 52 1 22.28 1782.40 3861.87
2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Updated January 10, 2023 2
99 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Dial-A-Ride Driver/Dispatcher 19 1 0.00 0.00 0.00
2 16.61 1328.80 2879.07
3 17.44 1395.24 3023.02
4 18.31 1465.00 3174.17
5 19.23 1538.25 3332.88
6 20.19 1615.16 3499.52
Misc Distribution Operator II 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Facilities Maintenance Supervisor 55 1 29.10 2328.00 5044.00 2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Misc Garage Superintendent 35 1 29.10 2328.00 5044.00
2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Misc General Service Worker 14 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.30 1304.00 2825.33
Misc Gen Serv Wkr/Park Aide 14 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.30 1304.00 2825.33
Updated January 10, 2023 3
100 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Heavy Equipment Mech. I 29 1 20.21 1616.80 3503.07 2 21.22 1697.64 3678.22
3 22.28 1782.52 3862.13
4 23.40 1871.65 4055.24
5 24.57 1965.23 4258.00
6 25.79 2063.49 4470.90
Misc Heavy Equipment Mech II 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Heavy Equipment Operator I 27 1 19.25 1540.00 3336.67 2 20.21 1617.00 3503.50
3 21.22 1697.85 3678.68
4 22.28 1782.74 3862.61
5 23.40 1871.88 4055.74
6 24.57 1965.47 4258.53
Misc Heavy Equipment Operator II 31 1 21.20 1696.00 3674.67 2 22.26 1780.80 3858.40
3 23.37 1869.84 4051.32
4 24.54 1963.33 4253.89
5 25.77 2061.50 4466.58
6 27.06 2164.57 4689.91
Misc Janitor Administator 18 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 16.24 1299.20 2814.93
4 17.05 1364.16 2955.68
5 17.90 1432.37 3103.46
6 18.80 1503.99 3258.64
Misc Lead Dial-A-Ride Driver/Disp. 30 1 20.72 1657.60 3591.47 2 21.76 1740.48 3771.04
3 22.84 1827.50 3959.59
4 23.99 1918.88 4157.57
5 25.19 2014.82 4365.45
6 26.44 2115.56 4583.72
Updated January 10, 2023 4
101 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Maintenance Worker I 23 1 17.47 1397.60 3028.13
2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Misc Maintenance Worker II 27 1 19.25 1540.00 3336.67
2 20.21 1617.00 3503.50
3 21.22 1697.85 3678.68
4 22.28 1782.74 3862.61
5 23.40 1871.88 4055.74
6 24.57 1965.47 4258.53
Misc OHV Clerk 19 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 16.30 1303.95 2825.22
5 17.11 1369.15 2966.48
6 17.97 1437.60 3114.81
Misc Operator in Training Pumping 23 1 17.47 1397.60 3028.13 2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Misc Operator in Training Water 23 1 17.47 1397.60 3028.13 2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Misc Operator in Training WWTP 23 1 17.47 1397.60 3028.13 2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Updated January 10, 2023 5
102 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Pumping Operator II 33 1 22.28 1782.40 3861.87
2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Pumping Operator III 55 1 29.09 2327.20 5042.27
2 30.54 2443.56 5294.38
3 32.07 2565.74 5559.10
4 33.68 2694.02 5837.05
5 35.36 2828.73 6128.91
6 37.13 2970.16 6435.35
Misc Receptionist 33 1 20.21 1616.80 3503.07
2 21.22 1697.64 3678.22
3 22.28 1782.52 3862.13
4 23.40 1871.65 4055.24
5 24.57 1965.23 4258.00
6 25.79 2063.49 4470.90
Misc Recreation Assistant 17 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 16.61 1328.80 2879.07
4 17.44 1395.24 3023.02
5 18.31 1465.00 3174.17
6 19.23 1538.25 3332.88
Misc Secretary 30 1 20.71 1656.80 3589.73
2 21.75 1739.64 3769.22
3 22.83 1826.62 3957.68
4 23.97 1917.95 4155.57
5 25.17 2013.85 4363.34
6 26.43 2114.54 4581.51
Misc Senior Bldg Maint Worker 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Updated January 10, 2023 6
103 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc Senior Clerk Typist 19 1 0.00 0.00 0.00
2 16.61 1328.80 2879.07
3 17.44 1395.24 3023.02
4 18.31 1465.00 3174.17
5 19.23 1538.25 3332.88
6 20.19 1615.16 3499.52
Misc Streets Lead 55 1 29.10 2328.00 5044.00
2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Misc Utility Billing Supervisor 53 1 24.55 1964.00 4255.33 2 25.78 2062.20 4468.10
3 27.07 2165.31 4691.51
4 28.42 2273.58 4926.08
5 29.84 2387.25 5172.38
6 31.33 2506.62 5431.00
Misc Distribution Operator II 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Misc Water Operator Lead 54 1 27.63 2210.40 4789.20
2 29.01 2320.92 5028.66
3 30.46 2436.97 5280.09
4 31.99 2558.81 5544.10
5 33.58 2686.76 5821.30
6 35.26 2821.09 6112.37
Misc WWTP Operator II 33 1 22.28 1782.40 3861.87
2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Updated January 10, 2023 7
104 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Misc WWTP Operator III 55 1 29.10 2328.00 5044.00
2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Misc WWTP Chief Plant Operator 38 1 33.51 2680.80 5808.40 2 35.19 2814.84 6098.82
3 36.94 2955.58 6403.76
4 38.79 3103.36 6723.95
5 40.73 3258.53 7060.15
6 42.77 3421.46 7413.15
Updated January 10, 2023 8
105 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Police Dept Animal Control Officer 23 1 17.28 1382.40 2995.20 2 18.14 1451.52 3144.96
3 19.05 1524.10 3302.21
4 20.00 1600.30 3467.32
5 21.00 1680.32 3640.68
6 22.05 1764.33 3822.72
Police Dept Animal Control Supervisor 33 1 22.03 1762.40 3818.53 2 23.13 1850.52 4009.46
3 24.29 1943.05 4209.93
4 25.50 2040.20 4420.43
5 26.78 2142.21 4641.45
6 28.12 2249.32 4873.52
Police Dept Corrections Officer/Jailer 28 1 22.30 1784.00 3865.33 2 23.42 1873.20 4058.60
3 24.59 1966.86 4261.53
4 25.82 2065.20 4474.61
5 27.11 2168.46 4698.34
6 28.46 2276.89 4933.25
Police Dept Code Enforcement Officer 34 1 22.58 1806.40 3913.87 2 23.71 1896.72 4109.56
3 24.89 1991.56 4315.04
4 26.14 2091.13 4530.79
5 27.45 2195.69 4757.33
6 28.82 2305.48 4995.20
Police Dept CSO 19 1 0.00 0.00 0.00
2 16.46 1316.80 2853.07
3 17.28 1382.64 2995.72
4 18.15 1451.77 3145.51
5 19.05 1524.36 3302.78
6 20.01 1600.58 3467.92
Police Dept CSO Officer II 28 1 20.46 1636.80 3546.40
2 21.48 1718.64 3723.72
3 22.56 1804.57 3909.91
4 23.69 1894.80 4105.40
5 24.87 1989.54 4310.67
6 26.11 2089.02 4526.20
Updated January 10, 2023 9
106 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Police Dept Police Admin Aide 15 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 16.22 1297.60 2811.47
5 17.03 1362.48 2952.04
6 17.88 1430.60 3099.64
Police Dept Police Clerk/Dispatcher 23 1 20.72 1657.60 3591.47 2 21.76 1740.48 3771.04
3 22.84 1827.50 3959.59
4 23.99 1918.88 4157.57
5 25.19 2014.82 4365.45
6 26.44 2115.56 4583.72
Police Dept Police Corporal/Police Officer II 85 1 29.42 2353.60 5099.47 2 30.89 2471.28 5354.44
3 32.44 2594.84 5622.16
4 34.06 2724.59 5903.27
5 35.76 2860.82 6198.43
6 37.55 3003.86 6508.36
Police Dept Police Lieutenant 76 1 40.69 3255.20 7052.93 2 42.72 3417.96 7405.58
3 44.86 3588.86 7775.86
4 47.10 3768.30 8164.65
5 49.46 3956.72 8572.88
6 51.93 4154.55 9001.53
Police Dept Police Officer 74 1 28.36 2268.80 4915.73
2 29.78 2382.24 5161.52
3 31.27 2501.35 5419.60
4 32.83 2626.42 5690.58
5 34.47 2757.74 5975.10
6 36.20 2895.63 6273.86
Police Dept Police Officer Trainee 74 1 23.52 1881.60 4076.80 2 24.70 1975.68 4280.64
3 25.93 2074.46 4494.67
4 27.23 2178.19 4719.41
5 28.59 2287.10 4955.38
6 30.02 2401.45 5203.14
Updated January 10, 2023 10
107 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Police Dept Police Sergeant 75 1 34.45 2756.00 5971.33
2 36.17 2893.80 6269.90
3 37.98 3038.49 6583.40
4 39.88 3190.41 6912.56
5 41.87 3349.94 7258.19
6 43.97 3517.43 7621.10
Police Dept Police Special Investigator 77 1 31.22 2497.60 5411.47 2 32.78 2622.48 5682.04
3 34.42 2753.60 5966.14
4 36.14 2891.28 6264.45
5 37.95 3035.85 6577.67
6 39.85 3187.64 6906.56
Police Dept Records Clerk 19 1 0.00 0.00 0.00
2 16.45 1316.00 2851.33
3 17.27 1381.80 2993.90
4 18.14 1450.89 3143.60
5 19.04 1523.43 3300.77
6 20.00 1599.61 3465.81
Updated January 10, 2023 11
108 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Fire Fire Fighter/ Paramedic 73 1 20.24 2266.88 4911.57 2 21.25 2380.22 5157.15
3 22.31 2499.24 5415.01
4 23.43 2624.20 5685.76
5 24.60 2755.41 5970.05
6 25.83 2893.18 6268.55
Fire Fire Apparatus Engineer 78 1 22.21 2487.52 5389.63 2 23.32 2611.90 5659.11
3 24.49 2742.49 5942.06
4 25.71 2879.62 6239.17
5 27.00 3023.60 6551.12
6 28.35 3174.78 6878.68
Fire Fire Captain 83 1 27.52 3082.24 6678.19
2 28.90 3236.35 7012.10
3 30.34 3398.17 7362.70
4 31.86 3568.08 7730.84
5 33.45 3746.48 8117.38
6 35.12 3933.81 8523.25
Fire Fire Captain II 84 1 31.24 3498.88 7580.91
2 32.80 2624.16 7959.95
3 34.44 2755.37 8357.95
4 36.16 2893.14 8775.85
5 37.97 3037.79 9214.64
6 39.87 3189.68 9675.37
Updated January 10, 2023 12
109 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt Accountant 49 1 33.58 2686.40 5820.53
2 35.26 2820.72 6111.56
3 37.02 2961.76 6417.14
4 38.87 3109.84 6737.99
5 40.82 3265.34 7074.89
6 42.86 3428.60 7428.64
Exempt Administrative Assistant 53 1 24.47 1957.60 4241.47 2 25.69 2055.48 4453.54
3 26.98 2158.25 4676.22
4 28.33 2266.17 4910.03
5 29.74 2379.48 5155.53
6 31.23 2498.45 5413.31
Exempt Associate Planner 39 1 25.79 2063.20 4470.27
2 27.08 2166.36 4693.78
3 28.43 2274.68 4928.47
4 29.86 2388.41 5174.89
5 31.35 2507.83 5433.64
6 32.92 2633.22 5705.32
Exempt Cannabis Program Manager 37 1 31.51 2520.80 5461.73 2 33.09 2646.84 5734.82
3 34.74 2779.18 6021.56
4 36.48 2918.14 6322.64
5 38.30 3064.05 6638.77
6 40.22 3217.25 6970.71
Exempt Chief Water Operator 81 1 43.00 3440.18 7453.72
2 45.15 3612.19 7826.41
3 47.41 3792.80 8217.73
4 49.78 3982.44 8628.62
5 52.27 4181.56 9060.05
6 54.88 4390.64 9513.05
Exempt City Clerk 49 1 33.58 2686.40 5820.53
2 35.26 2820.72 6111.56
3 37.02 2961.76 6417.14
4 38.87 3109.84 6737.99
5 40.82 3265.34 7074.89
6 42.86 3428.60 7428.64
Updated January 10, 2023 13
110 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt City Manager 86 1 86.54 6923.20 15000.27
Exempt City Manager Contract 86 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 57.70 4616.00 10001.33
Exempt Executive Administrative Assistant 55 1 29.10 2328.00 5044.00 2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Exempt Finance Dir/ Assis. City Mgr. 82 1 46.20 3696.00 8008.00 2 48.51 3880.80 8408.40
3 50.94 4074.84 8828.82
4 53.48 4278.58 9270.26
5 56.16 4492.51 9733.77
6 58.96 4717.14 10220.46
Exempt Fire Chief 56 1 46.20 3696.00 8008.00
2 48.51 3880.80 8408.40
3 50.94 4074.84 8828.82
4 53.48 4278.58 9270.26
5 56.16 4492.51 9733.77
6 58.96 4717.14 10220.46
Exempt Fire Mashal 57 1 40.22 3217.60 6971.47
2 42.23 3378.48 7320.04
3 44.34 3547.40 7686.04
4 46.56 3724.77 8070.34
5 48.89 3911.01 8473.86
6 51.33 4106.56 8897.55
Updated January 10, 2023 14
111 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt Housing Manager 40 1 26.42 2113.60 4579.47
2 27.74 2219.28 4808.44
3 29.13 2330.24 5048.86
4 30.58 2446.76 5301.31
5 32.11 2569.09 5566.37
6 33.72 2697.55 5844.69
Exempt Human Resource Director 60 1 46.20 3696.00 8008.00 2 48.51 3880.80 8408.40
3 50.94 4074.84 8828.82
4 53.48 4278.58 9270.26
5 56.16 4492.51 9733.77
6 58.96 4717.14 10220.46
Exempt Human Resource Generalist 52 1 31.22 2497.60 5411.47 2 32.78 2622.48 5682.04
3 34.42 2753.60 5966.14
4 36.14 2891.28 6264.45
5 37.95 3035.85 6577.67
6 39.85 3187.64 6906.56
Exempt OHV Manager 53 1 31.34 2507.20 5432.27
2 32.91 2632.56 5703.88
3 34.55 2764.19 5989.07
4 36.28 2902.40 6288.53
5 38.09 3047.52 6602.95
6 40.00 3199.89 6933.10
Exempt Payroll Generalist 43 1 28.36 2268.80 4915.73
2 29.78 2382.24 5161.52
3 31.27 2501.35 5419.60
4 32.83 2626.42 5690.58
5 34.47 2757.74 5975.10
6 36.20 2895.63 6273.86
Exempt Planning Tech. Econ. Develop. 39 1 25.78 2062.40 4468.53 2 27.07 2165.52 4691.96
3 28.42 2273.80 4926.56
4 29.84 2387.49 5172.89
5 31.34 2506.86 5431.53
6 32.90 2632.20 5703.11
Updated January 10, 2023 15
112 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt Planning/Econ Dev Admin 55 1 29.10 2328.00 5044.00 2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Exempt Police Chief 60 1 68.01 5440.80 11788.40
2 71.41 5712.84 12377.82
3 74.98 5998.48 12996.71
4 78.73 6298.41 13646.55
5 82.67 6613.33 14328.87
6 86.80 6943.99 15045.32
Exempt Public Works Director 56 1 46.20 3696.00 8008.00 2 48.51 3880.80 8408.40
3 50.94 4074.84 8828.82
4 53.48 4278.58 9270.26
5 56.16 4492.51 9733.77
6 58.96 4717.14 10220.46
Exempt Public Works Director (contract) 86 1 41.36 3308.80 7169.07 2 43.43 3474.24 7527.52
3 45.60 3647.95 7903.90
4 47.88 3830.35 8299.09
5 50.27 4021.87 8714.05
6 52.79 4222.96 9149.75
Exempt Recreation Coordinator 33 1 22.28 1782.40 3861.87 2 23.39 1871.52 4054.96
3 24.56 1965.10 4257.71
4 25.79 2063.35 4470.59
5 27.08 2166.52 4694.12
6 28.44 2274.84 4928.83
Exempt Recreation Supervisor 36 1 23.93 1914.40 4147.87 2 25.13 2010.12 4355.26
3 26.38 2110.63 4573.02
4 27.70 2216.16 4801.67
5 29.09 2326.97 5041.76
6 30.54 2443.31 5293.85
Updated January 10, 2023 16
113 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt Senior Building Official 38 1 33.51 2680.80 5808.40 2 35.19 2814.84 6098.82
3 36.94 2955.58 6403.76
4 38.79 3103.36 6723.95
5 40.73 3258.53 7060.15
6 42.77 3421.46 7413.15
Exempt Water Operator Supervisor 55 1 29.10 2328.00 5044.00 2 30.56 2444.40 5296.20
3 32.08 2566.62 5561.01
4 33.69 2694.95 5839.06
5 35.37 2829.70 6131.01
6 37.14 2971.18 6437.56
Updated January 10, 2023 17
114 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Class Title Range Step Hourly Bi-Weekly Monthly
PART TIME Airport Maintenance (P/T) 18 1 0.00 0.00 0.00 2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Animal Control Officer 23 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 16.14 1291.20 2797.60
4 16.95 1355.76 2937.48
5 17.79 1423.20 3083.60
6 18.68 1494.36 3237.78
Clerk Typist 15 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Code Enforcement Officer 34 1 19.12 1529.60 3314.13
2 20.08 1606.08 3479.84
3 21.08 1686.38 3653.83
4 22.13 1770.70 3836.52
5 23.24 1859.24 4028.35
6 24.40 1952.20 4229.77
Crime Analyst 75 1 35.00 2800.00 6066.67
2 36.75 2940.00 6370.00
3 38.59 3087.00 6688.50
4 40.52 3241.35 7022.93
5 42.54 3403.42 7374.07
6 44.67 3573.59 7742.77
DAR Dispatcher - On Call 15 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.68 1334.40 2891.20
Updated January 10, 2023 18
115 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Title Range Step Hourly Bi-Weekly Monthly
Equipment Operator 24 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 16.37 1309.60 2837.47
6 17.19 1375.08 2979.34
Finance Director (Part Time) 82 1 46.20 3696.00 8008.00 2 48.51 3880.80 8408.40
3 50.94 4074.84 8828.82
4 53.48 4278.58 9270.26
5 56.16 4492.51 9733.77
6 58.96 4717.14 10220.46
General Service Wkr (Temp) 14 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.30 1304.00 2825.33
Golf Attendent 14 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.30 1304.00 2825.33
GSW/Kennel Worker 14 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Groundskeeper (Temp) 12 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Updated January 10, 2023 19
116 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Title Range Step Hourly Bi-Weekly Monthly
Deputy City Clerk 52 1 19.12 1529.60 3314.11
2 20.08 1606.08 3479.82
3 21.08 1686.38 3653.81
4 22.13 1770.70 3836.50
5 23.24 1859.24 4028.32
6 24.40 1952.20 4229.74
Imaging Technician 10 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Lifeguard 15 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Lifeguard/Instructor 17 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 18.00 1440.00 3120.00
Part Time Firefighter 73 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 16.22 1816.64 2811.47
4 17.03 1907.47 2952.04
5 17.88 2002.85 3099.64
6 18.78 2102.99 3254.62
P/D Administrative Aide (P/T) 70 1 20.00 1600.00 3466.67 2 21.00 1680.00 3640.00
3 22.05 1764.00 3822.00
4 23.15 1852.20 4013.10
5 24.31 1944.81 4213.76
6 25.53 2042.05 4424.45
Updated January 10, 2023 20
117 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Title Range Step Hourly Bi-Weekly Monthly
Police Cadet 10 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Police Clerk/Dispatcher 20 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 16.51 1320.80 2861.73
5 17.34 1386.84 3004.82
6 18.20 1456.18 3155.06
General Service Worker/ Park Aide 10 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
OHV Clerk Typist 19 1 0.00 0.00 0.00
2 16.61 1328.80 2879.07
3 17.44 1395.24 3023.02
4 18.31 1465.00 3174.17
5 19.23 1538.25 3332.88
6 20.19 1615.16 3499.52
Police Sergeant 75 1 38.51 3080.80 6675.07
2 40.44 3234.84 7008.82
3 42.46 3396.58 7359.26
4 44.58 3566.41 7727.22
5 46.81 3744.73 8113.59
6 49.15 3931.97 8519.26
Pool Supervisor 29 1 17.10 1368.00 2964.00
2 17.96 1436.40 3112.20
3 18.85 1508.22 3267.81
4 19.80 1583.63 3431.20
5 20.79 1662.81 3602.76
6 21.82 1745.95 3782.90
Updated January 10, 2023 21
118 January 10, 2023
City of California City
Salary Schedule
2022‐2023
Title Range Step Hourly Bi-Weekly Monthly
PT Maintenance Worker I 23 1 17.47 1397.60 3028.13
2 18.34 1467.48 3179.54
3 19.26 1540.85 3338.52
4 20.22 1617.90 3505.44
5 21.23 1698.79 3680.71
6 22.30 1783.73 3864.75
Recreation Aide/Cashier 5 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.00 1280.00 2773.33
Senior Lifeguard 17 1 0.00 0.00 0.00
2 0.00 0.00 0.00
3 0.00 0.00 0.00
4 0.00 0.00 0.00
5 0.00 0.00 0.00
6 16.29 1303.20 2823.60
Updated January 10, 2023 22
119 January 10, 2023

CITY COUNCIL
DATE: January 10, 2023
TO: Mayor and City Council
FROM: Jesse Hightower, Chief of Police
By: Victor Ponto, City Attorney
SUBJECT: Introduce and Waive the First Reading of Ordinance No. 23-799 to Adopt Military Equipment Use Policy (“Policy”) as Required by Assembly Bill 481 (“AB 481”) _____________________________________________________________________________________

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), relating to the use of "military equipment" by law enforcement agencies in California. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481 (Attachment No. 2), codified at California Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain authorization from its governing body, via adoption of a military equipment use policy via ordinance, thus approving the military equipment. The governing body as defined under law for the City is the California City Council.

Pursuant to AB 481, the ordinance adopting the military equipment policy must be adopted at a regular meeting of the City Council. AB 481 requires that any law enforcement agency seeking to continue to use any “military equipment” as broadly defined by the law acquired before January 1, 2022, must commence the approval process prior to May 1, 2022. AB 481, as part of the public input and transparency process, requires posting of the agency policy for public feedback for 30 days prior to any public meeting. The Police Department’s proposed military equipment policy was posted on the City’s website for public comment on September 26, 2022. Pursuant to AB 481, the City Council may only approve the military equipment policy if it makes the following determinations:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Once adopted, AB 481 requires the governing body (City Council) to annually review the ordinance for approval or disapproval of a renewal of the authorization for a type, as defined, of Military Equipment or amend the Military Equipment Policy if the policy does not comply with the standards established by law. AB 481 also requires annual reporting on the military equipment identified in the policy, and an annual community engagement meeting regarding the annual report.

PH 1.
120 January 10, 2023
California City Police Department (CCPD) seeks the City Council’s adoption of Ordinance No. 23-799 (Attachment No. 1), approving the Department’s Military Equipment Policy (Exhibit A), allowing CCPD to continue to use the vital safety equipment specified therein.

ANALYSIS:

California City Police Department is committed to using various tools and equipment to safeguard the community, placing the community safety first. Many items defined by AB 481 as military equipment, as outlined below, are in fact utilized by the department today as well as many agencies throughout Kern County and the Nation. These items provide officers with critical tools and the ability to safely resolve dynamic and volatile situations that may otherwise rise to the level of a lethal encounter. These tools and equipment, combined with the proposed departmental military equipment policy, are a key component to facilitating compliance with the department’s Use of Force policy.
1) It is important to understand that the term “military equipment” as used within AB 481 does not necessarily indicate equipment that has been used or provided by the military. Only three items out of the full 2022 Military Equipment List report were obtained from the Federal 1033 program. The first equipment item is one (1) Armored Personnel Carrier obtained from the Federal 1033 program on March 6, 2014 (listed as Item 1 under Category 2 (Armored Personnel Vehicle)). The second equipment item are five (5) AM General High Mobility Multipurpose Wheeled Vehicle (HMMWV) obtained from the Federal 1033 program on January 2, 2009 (listed as Item 2 under Category 3 (HMMWV)). The third equipment item are fifteen (15) Colt Carbine Rifles obtained from the Federal 1033 program on August 24, 2010 and April 16, 2021 (listed as Item 3 under Category 9 (Ammunition of .50 caliber or greater)). The California City Police Department continues to utilize the Federal 1033 program.

AB 481 Definition of Military Equipment (Government Code Section 7070) Assembly Bill 481 has created Government Code Section 7070 to designate the following fifteen (15) categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically 121 January 10, 2023
excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

California City Police Department is currently in possession of items in Categories 2, 3, 9, 12 and 14 from the above list.

In accordance with the procedure set forth under AB 481, the California City Police Department’s draft Military Equipment Policy § 706 was first made available on the City’s website on September 26, 2022 — more than 30 days before the public meeting at which the policy is to be first considered by the City Council. The draft Military Equipment Policy includes a list of newly defined military equipment currently in the California City Police Department’s possession. The City’s website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.

The policy has been developed in consultation with the City Attorney, who reviewed and approved this policy as to content and form prior to release on the City’s website.

AB 481 Approval of the Military Equipment Use Policy (Government Code Section 7071) California Government Code Section 7071(d)(1) states the following:
“The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.” The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available 122 January 10, 2023
alternatives that can achieve the same objective of officer and civilian safety. All prior military equipment use complied with the City’s policies that were in effect at the time. Additionally, all items currently in possession of the California City Police Department have been approved during the associated budgetary periods commensurate with the items purchased.

AB 481 Funding, Acquisition and Use of Military Equipment (Government Code Section 7071) In accordance with California Government Code Section 7071(a)(1), the adoption of a military equipment use policy by ordinance, would give the Police Department the approval from City Council to do the following:
(A) Request military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seek funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquire military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Use any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Solicit or respond to a proposal for, or enter into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquire military equipment through any means not provided by this paragraph.

AB 481 Annual Reporting Requirements (Government Code Section 7072) Once approved, AB 481 establishes annual reporting requirements within Government Code Section 7072.

The Police Department’s annual report to Council requires reporting of each type of equipment used within the year and annual reporting thereafter. The annual report requires the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audit, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

FISCAL IMPACT:

Adoption of this Ordinance has no fiscal impact on the City. 123 January 10, 2023

ENVIRONMENTAL REVIEW
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

This determination reflects the City’s independent judgment and analysis.

RECOMMENDATION
Staff recommends that the City Council approve the following actions:
(1) Introduce and waive the first reading of the proposed Ordinance of the City of California City adopting a Military Equipment Policy (“Policy”) in accordance with state law; and (2) Recommend Ordinance No. 23-799 for second reading on January 24, 2023.

ATTACHMENTS:

1. Ordinance Adopting Military Equipment Policy with Exhibit A, California City Police Department Draft Military Equipment Policy, including the 2022 Annual Military Equipment List Report.

2. Text of California Assembly Bill 481.
124 January 10, 2023
ORDINANCE NO. 23-799

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CALIFORNIA CITY, CALIFORNIA, ADOPTING A

MILITARY EQUIPMENT POLICY GOVERNING THE USE

OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY
BILL 481

RECITALS

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the California City Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the California City Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the California City Police Department made the proposed Military Equipment Policy available on the Police Department’s website beginning on September 26, 2022, for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Policy; and
WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer 125 January 10, 2023
and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and
(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the California City Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of California City, having received the information required under AB 481 regarding the California City Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the California City Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City, and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the California City Police Department.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. 126 January 10, 2023
SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the City of California City Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Effective Date. In accordance with Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 7. Certification. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published or posted as required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City in a regular meeting held on the 10th day of January 2023.

Kelly Kulikoff, Mayor
ATTEST:

Socorro Chavez, City Clerk
APPROVED AS TO FORM:

Victor Ponto, City Attorney
127 January 10, 2023

CERTIFICATION
I, City Clerk of the City of California City, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 23-799 which was introduced on January 10, 2023 and adopted by the City Council of the City of California City, California at a regular meeting thereof held on the 10th day of January, 2023, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this _____ day of _________, ____.

Socorro Chavez, City Clerk
128 January 10, 2023

EXHIBIT A

MILITARY EQUIPMENT POLICY
129 January 10, 2023
DRAFT
Policy
706
California City Police Department
California City PD CA Policy Manual 2022
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.

Published with permission by California City Police
Department
Military Equipment - 522
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
130 January 10, 2023
DRAFT
California City Police Department
California City PD CA Policy Manual 2022
Military Equipment
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.

Published with permission by California City Police
Department
Military Equipment - 523
706.2 POLICY
It is the policy of the California City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of California City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See attachment: Qualifying Equipment.pdf 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
131 January 10, 2023
DRAFT
California City Police Department
California City PD CA Policy Manual 2022
Military Equipment
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.

Published with permission by California City Police
Department
Military Equipment - 524
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
132 January 10, 2023
DRAFT
Attachment California City PD - Policy Manual 2022
California City PD CA Policy Manual 2022
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.

Published with permission by California City Police
Department
Qualifying Equipment.pdf - 711
Qualifying Equipment.pdf
Qualifying Equipment.pdf
133 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
1 1) Armored Personnel Carrier (Category 2)
a) Quantity, Description, Capabilities, and Cost:

One (1) 2013 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission,

7.2 Diesel engine-powered personnel carrier with ballistic glass and armorratedto.50caliber.

The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designedtowithstandmultiple bulletsstrikesfromsmall armsfire aswell aslow-level explosions and is equipped with emergency lights/siren, a public address system, and the words "Police Rescue" on each side. A common use for the Caiman includes citizen and officer rescues, evacuations, and the deployment of officers.TheCaimanisaregionalmutual-aidassetthatcanbe deployedtosurrounding cities as well as community outreach eventsfor display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use ofarmoredvehiclesshallonly be authorizedbyawatchcommanderbasedon the specific circumstancesofagivenincident.Armoredvehiclesshallbeusedonlyby officerstrained in their deployment and in a manner consistent with the Department Policy and Training. d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance $0 - $1,000.
f) Training:

Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:

Use is established in the Department manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law. 134 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
2 2) High Mobility multipurpose wheeled vehicles (HMMWV) Commonly referred to as Humvees (Category 3)
a) Quantity, Description, Capabilities, and cost:

Five (5) AM General, The High Mobility Multipurpose Wheeled Vehicle (HMMWV) is a lightweight, highly mobile, high-performance, diesel-powered, four-wheel drive family of tactical vehicles. The HMMWV supports search and rescue service support units with a versatile, mission-configurable, tactical wheeled vehicle. HMMWVs are equipped with emergency lights/sirens, a public address system, and the words “Police” on each side. A common use for the HMMWV includes citizen and officer rescues, evacuations, and deployment of officers. The HMMWV is a regional mutual-aid asset that can be deployed to surrounding cities, as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use ofHHMMWVsshall only be authorized by a watch commander based on the specific circumstances ofa given incident. HHMMWVs shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training. d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance $0 - $1,000.
f) Training:

HHMMWVs may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicles Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize HHMMWVs for official law enforcement purposes, in conjunction with State and Federal law. 3) Specialized Firearms and Ammunition (Category 9)
135 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
3 a) Quantity, Description, Capabilities, and Purchase Cost:

Nineteen (19) Colt Carbine Rifles, capable ofaccurately stopping an armed subject at various distances. The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced orreplaced when the rifle fails or breaks.

Initialcost:TherifleswereobtainedoveraTwenty(20)yearperiodthroughpurchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable ofpenetrating soft body armor worn by armed subjects. i) TheWinchester 5.56 mm, 55 grain Bonded SolidBase isthe primary duty ammunition deployed during potential lethal encounters.
b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policyand Applicable Law. c) Authorized Use:

Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:

Carbine Rifle-No expiration.

Ammunition - Winchester 5.56 mm, 55 grain Bonded Solid Base-No expiration. e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
f) Training:

Officersreceive POSTcertifiedtrainingandon-goingin-service training above POST standards. Oncecertified, authorizedusersmust qualifywiththe rifle quarterly. g) Legal and Procedural rules:

Use is established in the Department Manual (Use of Force, firearms, and Patrol Rifles). It is the policy of the Department to utilize these refiles and the associated munitions only for official law enforcement purposes, according to State and Federal law. 136 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
4 4) Diversionary Devices (Category 12)
a) Quantity. Description, Capabilities, and Purchase Cost:

Five (5) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost $0 - $1,400.
b) Purpose and Authorized Use:

The purpose of a diversionary device is to temporarily disorient a hostile subject’s senses.

It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud “bang” of greater than 170 decibels. Only CCPD Special Enforcement Team (SET) members who have completed a California Police Officers Standard & Training SWAT academy are authorized to use the device. Refer to CCPD policy 404 Operations Division procedures. SET operators must complete an 80-hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SET operators regularly train on safe device deployments in various operational settings. c) Expected Lifespan:

Five (5) year shelf life.
d) Fiscal Impact:

The department orders fifty (50) devices as needed depending on usage.

These bulk purchases are approximately $2,000.
e) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.
f) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force Diversionary Devices – Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law. 137 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
5 5) Tear Gas/Chemical Munitions (Category 12)
a) Quantity, Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called “tear gas,” are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per California City Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
i) Chemical Munitions:
(1) SAF-Smoke white is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched, or hand thrown.

Cost: $33.83 per munition. Replace as needed.
(2) The Stinger® OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

Cost: $40.50 per munition. Replace as needed.
(3) Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous bum that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

Cost: $37.40 per munition.

Cost: $37.40 per munition. Replace as needed.
138 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
6 b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
(3) Circumstances where a tactical advantage can be obtained (4) Vicious animals
(5) Training exercises or approved demonstrations
(6) Non-lethal force
c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture. e) Fiscal Impact:

Initial cost $1,500 per munition category. The fiscal impact of the chemical munitions is between $0 - $2,000 annually, depending on usage.
f) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.
139 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
7 6) Projectile Launch Platforms and Associated Munitions – 40mm Launchers (Category 14)
a) Quantity, Description, Capabilities, and Purchase Cost:

Two (2) Defense Technology 40mm Launcher, one (1) Armor Holding 40mm Launcher. 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. As defined in Department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the Department policy. Officers’ primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
(3) Circumstances where a tactical advantage can be obtained (4) Vicious animals
(5) Training exercises or approved demonstrations
(6) Non-lethal force
c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training
d) Expected Lifespan:

Defense Technology 40mm Launchers – Two (2) year limited warranty. The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear. e) Fiscal Impact:

Cost: Two (2) Defense technology 40mm Launchers – Initial Cost: $3,000 One (1) Armor Holdings – Arms 40mm Launchers – Initial cost: $2,000 40mm Munitions – (Direct Impact 40mm OC Crushable Round) Manufacturer: Defense Technology
140 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
8 Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.

Cost: $20.50 each
40mm Munitions – (Exact Impact 40mm Standard Range Sponge Round) Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40mm sponge round is a point-of-aim, point-of impact direct-fire round. This lightweight, highspeed projectile consists of a plastic body and sponge nose that is spinstabilized via the incorporated rifling collar and the 40mm launcher’s rifle barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities Used for Crowd Control, Patrol, and Tactical Applications.

Cost: $18.75 each
f) Training:

All officers receive training on the use of the 40mm Launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a department-certified chemical agent instructor.
g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIMS) Less-Lethal, Chemical Agents, and Oleoresin Capsicum-OC). It is the policy of the Department to utilize the SIM Launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.
141 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
9 7. Projectile Launch platforms and associated munitions – Beanbag Shotguns (Category 14)
a) Quantity, Description, Capabilities, and Purchase Cost:

Beanbag Shotgun
Nine (9) Remington 870 12-Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore end.

Beanbag shotguns can fire a 12-guauge beanbag round with a maximum effective range of sixty (60) feet.

Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 300, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers’ primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12-Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Beanbag munition.

Beanbag Shotgun Munitions – (12GA Super Sock Beanbag Ammunition) Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75 ft.

Cost: $4.85 each per round. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c) Authorized Use:

Situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
142 January 10, 2023
DRAFT

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
10 (3) Circumstances where a tactical advantage can be obtained (4) Potentially vicious animals
(5) Training exercises or approved demonstrations
d) Expected Lifespan:
40mm Launcher: No expiration
40mm Sponge Munition – 5 years
Beanbag Launcher – 5 years
Beanbag Munition – 5 years
e) Fiscal Impact:
40mm Launcher - $0 and $250 annually
40mm Munitions - $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun - $0 and $1,000 annually.

Beanbag Munitions - $0 and $250 annually. Does not include training rounds. f) Training:

All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Beanbag round. This training occurs by a POST certified less-lethal instructor and through ongoing in-service training taught by Department instructors. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of force and Specialty Impact Munitions (SIM) Less Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 143 January 10, 2023
® STATE O F CALIFO RN IA
1 1:'t,~m' AUTHENTICATED r-uti"l.\ll ElECTROfjl( LEGAL MATERIAL Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessaiy to the execution of its powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delive1y of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the militaiy equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the militaiy equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 144 January 10, 2023
Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to J anuaiy 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incunnent of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 145 January 10, 2023
-3- Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before rnilitaiy equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title l of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND UsE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a h·ansit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Militaiy equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refe1Ted to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparahls attached. However, unarmored all-te1Tain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a h·acked system instead of wheels for fo1ward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparahlses that are explosive in nahlre. However, items designed to remove a lock, such as bolt cutters, 92 146 January 10, 2023
Ch. 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessmy that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platfmms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of rnilitaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of rnilitaiy equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the militaiy equipment use policy, including which independent persons or entities have oversight 92 147 January 10, 2023
-5- Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a militaiy equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring militaiy equipment either permanently or temporarily, including by bmrnwing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of milita1y equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any militaiy equipment that was acquired prior to Januaiy 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of milita1y equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed militaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 148 January 10, 2023
Ch. 406 -6-
the militaiy equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed militaiy equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed militaty equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaty equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, cotTective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public patticipation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
( e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Patt 1 of Division 3 of Title 2) or the Ralph M .

Brown Act (Chapter 9 (commencing with Section 54950) of Patt 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of militaty equipment identified in that report has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual militaiy equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of militaiy equipment or require modifications 92 149 January 10, 2023
-7- Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual militaiy equipment report required by this section publicly available on its internet website for as long as the militaiy equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A surnmaiy of how the militaiy equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual milita1y equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual militaiy equipment report and the law enforcement agency's funding, acquisition, or use ofmilitaiy equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting milita1y equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring militaiy equipment either pe1manently or temporarily, including by bon-owing or leasing.
92 I
I
~
150 January 10, 2023
Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the teITitorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring militaiy equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a militaiy equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the militaiy equipment use policy on the agency's internet website.
(2) Provide a copy of the milita1y equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of militaiy equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of militaiy equipment fu1ther exposes that activity to public scrntiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incmred by a local agency or school district under this act would 92 151 January 10, 2023
-9- Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
152 January 10, 2023

CITY COUNCIL
Consent Agenda Item:

January 10, 2023
TO: Mayor the City Council
FROM: Jim Hart, Interim City Manager
SUBJECT: Motion to authorize the advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. – CML – 5399 (031) project.
………………………………………………………………………………………………………
BACKGROUND:

Through the Kern COG, the City of California City was allocated $1,693,381 in Federal funds, for Construction under the Congestion Mitigation and Air Quality (CMAQ) grant. These CMAQ funds are being used for the roadway improvements, (surface unpaved road), on Mendiburu Road from Hacienda Blvd. to Neuralia Rd. The project will pave a 1-mile section of roadway, it includes installation of a concrete culvert at the existing drainage channel, and installation of signs, striping, and pavement markings.

Back on February 23, 2021 the City Council passed Resolution No.02-21-28534 to accept the design phase of this project. Our consultant BHT Engineering, Inc. has completed the design of the road project, see attached construction plans.

At this time, the engineer is requesting the Council’s authorization to put the project out to bid.

RECOMMENDATION:

Motion to authorize the advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. – CML – 5399 (031) project.

FISCAL IMPACT:

The costs are reimbursable at 88.53% up to $1,693,381 in Federal funds. The current estimated cost for Construction is $2,064,720. The Federal match is $1,693,381 and the local match is $371,339 for this project.

Finance Director to identify local funding source.

ENVIRONMENTAL ACTION:

This project meets Categorical Exemption requirements as outlined in Existing Facilities,- CEQA Section 15301 Class 1,c. The California Department of Transportation (Caltrans) has cleared the project under NEPA with a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26) Attachments: Site Map
Preliminary Cost Estimate
Construction Plans
NB 2.
153 January 10, 2023
CITY OF CALIFORNIA CITY – 2019 CMAQ CALL FOR PROJECTS
Mendiburu Road – Hacienda Blvd. to Neuralia Rd.
154 January 10, 2023
BHT Engineering, Inc. BHT # 20407
NO. ITEM DESCRIPTION UNIT OF

MEASURE
ESTD.

QUANTITY

COST PER

UNIT TOTAL COST
1 CLEARING & GRUBBING, SITE DEMOLITION, GRADING,
BALANCE ROADWAY/SITE TO NEW GRADES L.S. 1 100,000.00 $ 100,000.00 $ 2 COLD PLANE EXISTING AC SURFACE AND HAUL OFF SITE S.F. 5,551 2.50 $ 13,878.00 $ 3 CHANNEL EXCAVATION & GRADING L.S. 1 38,000.00 $ 38,000.00 $ 4 CEMENT TREATED SUBGRADE - PULVERIZE 12" EXIST.

MATERIAL & MIX WITH 4% CEMENT, WATER, AND COMPACT
TO 95%
S.Y. 21,358 $ 8.00 170,864.00 $
5 4" TYPE "A" HOT MIX ASPHALT TONS 5,178 92.00 $ 476,376.00 $ 6 INSTALL 3-CELL 12'x6' RCB CULVERT PER CALTRANS
STANDARD PLANS L.S. 1 250,000.00 $ 250,000.00 $
7 INSTALL TYPE "D" WINGWALL PER CALTRANS STANDARD
PLANS EA. 2 50,000.00 $ 100,000.00 $
8 INSTALL TYPE 732/732A CONCRETE BARRIER PER CALTRANS
STANDARD PLANS L.F. 68 280.00 $ 19,040.00 $
9 INSTALL TYPE 732SW CONCRETE BARRIER PER CALTRANS
STANDARD PLANS L.F. 68 360.00 $ 24,480.00 $
10 INSTALL TUBULAR HANDRAILING PER CALTRANS STANDARD
PLANS L.F. 136 80.00 $ 10,880.00 $
11 INSTALL 8" THICK CONCRETE CROSS GUTTER (INCLUDES

LAYOUT, SAWCUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE MATERIAL, GRADE, &
COMPACT TO 95%)
EA. 3 10,000.00 $ 30,000.00 $
12 INSTALL ADA CURB RAMP (INCLUDES LAYOUT, SAWCUT,
DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12"
NATIVE MATERIAL, GRADE, & COMPACT TO 90%)
EA. 6 3,500.00 $ 21,000.00 $
13 INSTALL CURB & GUTTER (INCLUDES LAYOUT, SAWCUT,
DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12"
NATIVE MATERIAL, GRADE, & COMPACT TO 95%)
L.F. 2,450 30.00 $ 73,500.00 $
14 ROCK SLOPE PROTECTION WITH DRAIN ROCK L.S. 1 30,000.00 $ 30,000.00 $ 15 ADJUST WATER VALVE COVER TO GRADE EA. 7 1,750.00 $ 12,250.00 $ 16 ADJUST SEWER MANHOLE TO GRADE (0 TO 18-INCHES) EA. 9 2,000.00 $ 18,000.00 $ 17 ADJUST SEWER MANHOLE TO GRADE (MORE THAN 18-
INCHES) EA. 2 3,600.00 $ 7,200.00 $
18 5" REINFORCED CONCRETE CAP FOR SEWER PROTECTION S.F. 208 60.00 $ 12,480.00 $ 19 INSTALL DRAIN INLET L.S. 1 8,000.00 $ 8,000.00 $
20 INSTALL 2 - 15" PVC STORM DRAIN PIPES L.F. 273 110.00 $ 30,030.00 $ 21 STRIPING, MARKINGS AND SIGNAGE L.S. 1 26,000.00 $ $ 26,000.00 22 INSTALL METAL BEAM GUARD RAIL SYSTEM PER CALTRANS
STANDARD PLANS L.F. 150 $ 200.00 $ 30,000.00
23 INSTALL DIKE TYPE F PER CALTRANS STANDARD PLANS L.F. 632 $ 16.00 $ 10,112.00 24 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL
PLAN L.S. 1 $ 12,000.00 $ 12,000.00
25 INSTALL TEMPORARY FENCE - TYPE ESA L.F. 5,275 $ 4.00 $ 21,100.00 26 QUALITY CONTROL PROGRAM L.S. 1 $ 20,000.00 $ 20,000.00 27 PRECONSTRUCTION BIOLOGICAL SURVEYS / BIOLOGICAL
MONITORING L.S. 1 $ 57,000.00 $ 57,000.00
28 TEMPORARY TRAFFIC CONTROL L.S. 1 $ 10,000.00 $ 10,000.00 Updated: 8/29/22 Construction Subtotal: 1,632,190.00 $
By: JMP Contingency (10%): 163,219.00 $
Construction Total: 1,795,409.00 $
Construction Management: 269,311.00 $
Total Project Estimated Cost: 2,064,720.00 $

CITY OF CALIFORNIA CITY
MENDIBURU RD. - CML 5399 (031)
FROM HACIENDA BLVD. TO NEURALIA RD. (1 MILE)

PRELIMINARY ENGINEER'S ESTIMATE
155 January 10, 2023

FERNWOOD
ST. 77TH
ST. 76TH
ST.FIR AVE. EUCALYPTUS AVE. DOGWOOD AVE. CATALPAAVE.

ST. KENNIS78TH
ST. TON
79TH
ST. 78TH AVE AVE ST. KENNIST.ON AVE AVE AVE77TH
79TH ST. ST. WINDSONG BEACH DR. CT. PUTTER CT. SANDTRAP 89TH
ST. 97TH
96TH ST LEWIS AVE. CHARLES PL. CT. OLIVO
CT. MEG
DENCT. GLORIA DR SLOAN ST. NIS
ST. 85TH LEWIS AVE RAYMOND AVEDENHART AVE. CT. SLOAN
ST. 82ND
81ST. NICKLES CT. NICKLESAVE AVE. JAY LINDBERGH BLVD AVE KAREN ST. EDWARD DR BOLDEN MILNER PL. JACKSON SALLY AVE. SALLYCT. SALLYAVE. EET DR OLIVO CT. MELINDA AVE IRENE CHARLES CT. CHARLES PL. RDREA AVE ST. 83 ST. 81ST.

DR.

ORCHID AVE. ST. 85TH XAVIER AVE COLUMBINE DOGBANE AVE ST. 84TH ST. NEMOPHILA
ST. ST.
85TH
83RD
ST.R NEMOPHILA WALPOLE DR HEATHER AVE QUEZON AVE JIMSON AVE NEURALIA RD ST. ST.ACY HILL ST.AN DR ORCHID AVE ST.EARNS AVE SALLY AVE ST.EWART CT. TABOR CT. SUSAN AVE. SPRING ST. ST. 90TH
89THST.

ST.ONECROP ST. 88THAVE MARGERY AVE DR MIKEDR ST. 89TH
ST. 88THREA AVE ST. ETHEL REA AVE EVELYN AVE MARGERY ST. 97TH ST. SARAH IRENE AVE SUSAN AVE ST. 98TH
ST. ST. SHAW
ST. 95TH
ST. 93RD ST. LYN SALLY AVE IRENE AVE SUSAN AVEKAREN MARGERY AVE EVELYN AVE REA AVE ST. CORWIN DR LOOP

LUPINELOOP NORTH
ST. FUCHSIA XAVIER COLUMBINE WALPOLE AVE. ST. 90TH QUEZON AVE. HEATHER ST. 94TH 91ST. AVE AVE DR AVE WEST.LAKEDR. DR. LAKEVIEW VILLAGE CT. VILLAGE

PARKWAY
DR. VILLAGE CENTER
ST. 92ND FIR AVE 94TH EUCALYPTUS AVE.

ST. 94TH
91ST. ST. BAY AVE ASPEN AVE ST. LASKY ST.
83RD DR HICKORY PEWOOD GRA HOLLY LOOP SOUTH
ST. 88TH FIR AVE
CORWIN
ST. CORWIN AVE EUCALYPTUS DOGWOODAVE CATALPA AVE
ST. 87THBAY AVE ASPEN AVE 86TH
ST. 84 THCATALPAAVE BAY AVE ASPENAVE ST. 83RD AVE EUCALYPTUSAVE DOGWOOD AVE CATALPA AVE ST. 82ND BAY AVE ST. 90TH CALIFORNIA CITY BLVD DENHART AVE. RAYMOND AVE.

NEURALIA RD POPPY BLVD BLVD HACIENDA BLVD

RUSCHE BLVD

POPPY BLVDMENDIBURU ROAD

HACIENDA BLVD CALIFORNIA CITY BLVD CITY HALL
NEURALIA RD BLVD. FIR ROBERT P. ULRICH E.S.

HACIENDA BLVD MENDIBURU ROAD HIGH SCHOOL
81ST. STREET
83 RD. STREET 83 RD. STREET
85 TH. STREET
88 TH. STREET
RUSCHE BLVDHIGH SCHOOL HIGH SCHOOL HACIENDA BLVD CONTACT INFORMATION VICINITY MAP NTS GENERAL NOTES LOCATION MAP NTS CITY OF CALIFORNIA CITY DEPARTMENT OF PUBLIC WORKS PROJECT PLANS FOR MENDIBURU ROAD HACIENDA BLVD. TO NEURALIA RD. CML 5399 (031) PROJECT SITE Know what's below Call 811 before you dig BHT OF SHEETS SHEET0110 20407 SHEET INDEX 156 January 10, 2023
8 1101
NEURALIA RD.
81ST.

STREET
SEE SHEET 3 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH EDGE OF PAVEMENT PROFILE MENDIBURU RD.

SEE SHEET 3 BHT OF SHEETS SHEET0210 20407
157 January 10, 2023
11 8
01 83 RD.

STREET
SEE SHEET 2 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH EDGE OF PAVEMENT PROFILE MENDIBURU RD.

SEE SHEET 4 SEE SHEET 4
SEE SHEET 2 BHT OF SHEETS SHEET0310 20407
158 January 10, 2023
1101 1102
RUSCHE

BLVDHIGH SCHOOL
SEE SHEET 3 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH EDGE OF PAVEMENT PROFILE MENDIBURU RD.

SEE SHEET 5
SEE SHEET 3
SEE SHEET 5 BHT OF SHEETS SHEET0410 20407
159 January 10, 2023
1102 HIGH SCHOOL HIGH SCHOOL
SEE SHEET 4 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH EDGE OF PAVEMENT PROFILE MENDIBURU RD.

SEE SHEET 6
SEE SHEET 4
SEE SHEET 6 BHT OF SHEETS SHEET0510 20407
160 January 10, 2023
1102 1102 HIGH SCHOOL HIGH SCHOOL
88TH.

STREET DRAINGE EASEMENT 1112 1110 1112 1110
SEE SHEET 5 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH FLOWLINE PROFILE MENDIBURU RD.

SEE SHEET 7 08A
SEE SHEET 5
SEE SHEET 7 BHT OF SHEETS SHEET0610 20407
161 January 10, 2023

HACIENDA
BLVD 1103
SEE SHEET 6 NORTH EDGE OF PAVEMENT PROFILE CENTER LINE PROFILE SOUTH FLOWLINE PROFILE MENDIBURU RD.

SEE SHEET 6 BHT OF SHEETS SHEET0710 20407
162 January 10, 2023
08B 08D 08C SECTION ALONG CHANNEL FL 08B CHANNEL GRADING PLAN 08A SECTION ALONG NORTH SIDE 08D SECTION ALONG SOUTH SIDE 08C BHT OF SHEETS SHEET0810 20407 163 January 10, 2023
9C 9D 9B ELEVATION - CULVERT 9B ELEVATION - NORTH WINGWALL 9D ELEVATION - SOUTH WINGWALL 9C PLAN - CULVERT & WINGWALLS 9A BHT OF SHEETS SHEET0910 20407 164 January 10, 2023
MENDIBURU RD.

MATCH LINE - SEE BELOW
MATCH LINE - SEE ABOVE BHT OF SHEETS SHEET1010 20407
165 January 10, 2023
11 CALTRANS STD. PLAN A20A, A20B, A20C, AND A20D (PARTIAL) NTS CALTRANS STD. PLAN A24E (PARTIAL) NTS 01 NTS SQUARE TUBE SIGN SUPPORT DETAIL DETAIL "A" SIGN SUPPORT RECEIVER ASSEMBLY 07 08 CALTRANS STD. PLAN A24D (PARTIAL) NTS 01 PROPOSED TYPICAL STREET SECTION - MENDIBURU RD. - NEURALIA RD. TO RUSCHE BLVD. 02 CALTRANS STD. PLAN A24A & A24C (PARTIAL) NTS DRAIN INLET STRUCTURE 12 NTS 10 NTS WITH NO CURB & GUTTER WITH CURB & GUTTER 13 ROADSIDE SIGN TYPICAL INSTALLATION PROPOSED TYPICAL STREET SECTION - MENDIBURU RD. - RUSCHE BLVD. TO STA. 47+00 09 03 PROPOSED TYPICAL STREET SECTION - STA. 47+00 TO HACIENDA BLVD. NTS NTS SHOULDER WITH DIKE DETAIL SHOULDER WITH DIKE & GUARDRAIL 14 NTS NTS 04 ADJUST UTILITY/MONUMENT COVERS TO GRADE NTS 05 ADJUST SEWER MANHOLE TO GRADE: UP TO 18" NTS 06 CURB BREAKDOWN DETAIL CITY OF CALIFORNIA CITY REINFORCED CROSS GUTTER R10 R26 CITY OF CALIFORNIA CITY CURB RAMP A A STREET OR ALLEY STREET OR ALLEY CURB, GUTTER AND SIDEWALK CITY OF CALIFORNIA CITYR15A BHT OF SHEETS SHEET1110 20407 166 January 10, 2023
BHT OF SHEETS SHEET1210 20407
167 January 10, 2023
BHT OF SHEETS SHEET1310 20407
168 January 10, 2023
BHT OF SHEETS SHEET1410 20407
169 January 10, 2023

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Theresa Oaks, Parks and Recreation Supervisor SUBJECT: Reed Removal Equipment Purchase
BACKGROUND/ DISCUSSION:

In January of 1960 giant earthmovers began shaping what was, back then a 20 acre lake in Central Park of California City. At one point there were kayaks and sailboats that community members brought out to enjoy our lake. The city even rented out paddle boats which was a big hit for young and old alike. There were annual fishing derbies, and kids of all ages enjoyed hanging out by the lake and fishing, or just feeding the ducks.

In addition to the community engagement benefits, Central Park Lake is one of the top birding spots in the state of California. The lake has become a habitat for the birds that migrate along the Pacific Flyway. According to ebird.org there have been 294 different species observed in Central Park.

In addition to the birding there are a variety of fish that have homes in Central Park Lake. These include crappie, carp, bass, and catfish among others. There are also toads, bull frogs, and a variety of turtles, like the red eared slider.

The years of neglect that our lake has seen are catching up with us. Currently the reeds have completely stifled the flow of water, so there is no natural current or flow. This is causing the water to be stagnant, and in the summertime the water heats up and will kill the fish. We saw this happen in the ponds around the golf course this last summer, and we saw some fish deaths at the main lake as well. We are currently at a point that we need to do some basic maintenance, or we run the risk of losing the lake and its ecosystem entirely. We are on a bit of a time crunch, as this needs to be done before the upcoming spring nesting season.

Central Park Lake https://www.youtube.com/watch?v=wItAbBOaOXY Staff has looked into the cost of having the reeds professionally removed, in the hopes that it would be a quick fix, as well as a little more financially feasible. However, it is not cost effective to have the reeds professionally removed. The company that we received the quote from stated that it would easily be a 15 day job, which means the total for professional reed removal would be $163,250. This far exceeds what it would cost the city by purchasing the equipment. Purchase of the equipment would allow for ongoing maintenance by the city, thus, eliminating the need to contract for the service 3 times a year.

NB 3.
170 January 10, 2023
Staff contacted Weedoo boats, aquamarine.ca., lakeweedharvester, and Silvermist aquatics services. Weedoo boats and lakeweedharvester got back to me with quotes for equipment that can be used in shallow water, and has the capabilities to do everything we need it to do, and that comes with a trailer. The weedoo does have the option for a muck removal tool that can be added later. Please check out this link to view the equipment. https://www.youtube.com/watch?v=cFChn2yPNKw
To ensure the City can maintain the lake for many years to come, staff suggests that purchase of the equipment would be the most cost effective way to provide that maintenance.

FISCAL IMPACT:

If purchased from Weedoo the total fiscal impact will be $100,122.50. This will be split between the water department and the parks department. $50,061.25 will be taken from the water department GL 51-4155-740 for equipment, and $50,061.25 from ARPA GL 10-4155-740.

RECOMMENDATION:

Staff recommends council authorize purchase of reed removal equipment from Weedoo.

ATTACHMENTS:

1. Quote for Weedoo reed removal equipment

2. Quote for Ecoharvester
171 January 10, 2023
Company Address
8020 Belvedere Rd
Ste 1
West Palm Beach, Florida 33411-6225
United States
(561) 204-5765
Created Date
Expiration Date
Quote Number
12/13/2022
12/31/2022
00001377
Prepared By
Phone
Email
Bobby O'Shields
(561) 508-8232
[email protected]
Contact Name
Phone
Email
Theresa Oaks
760.412.9312
[email protected]
Bill To Name
Bill To
Quote To
City of California City
7800 Moss Avenue
California City, California 93505
United States
United States
Ship To Name
Ship To
Additional To
City of California City
7800 Moss Avenue
California City, California 93505
United States
United States
Product
Code Product Product Description List Price Sales Price Quantity Discount Total Price TC-3012
TC
Loader/Cutter
Model
P-3012 Weedoo® TC Diesel Model
Fiberglass/Kevlar® hull configuration includes deck
mount marine boom cutter, front-end loader with
universal marine bucket system.

Three (3) year hull and deck warranty.

Factory installed PowerPack features fluid cooled
diesel engine with electric start. State-of-the-art
hydraulic reservoir provides eco-friendly fluid to high efficiency triple pump setup producing 27 GPM.

System includes twin propulsion outdrives with
Weedoo Weed-N-Mud propellers and quick change
hydraulics for Weedoo aquatic work attachments.

This also comes equipped with a customized trailer.
$92,700.00 $92,700.00 1.00 5.00% $88,065.00
WA-1017.3M SiltSucker
PLUS
The SiltSucker PLUS is designed to continuously rip
and shear solids with a 360° shredding action. The
smaller size allows for use in tight spaces. For
municipal , industrial, agricultural and institutional
waste applications.
$11,200.00 $11,200.00 1.00 $11,200.00
WA-1016
Operator
T-Top
Assembly
Workboat T-Top assembly includes seat base mount,
aluminum powder coated frame & marine Sunbrella
cover
$825.00 $825.00 1.00 $825.00
Subtotal $104,725.00
Discount 4.43%
Total Price $100,090.00
172 January 10, 2023
Shipping and
Handling
$6,597.50
Grand Total $106,687.50
Terms and Conditions
173 January 10, 2023
Lake Weeders Digest, LLC
5620 International Parkway
New Hope, MN 55428
Phone 763.551.1441
Invoice
INVOICE #010523
JANUARY 5, 2023
TO:

City of California City
Theresa Oaks
10350 Heather Avenue
California City, CA 93504
Phone: 760-412-9312
SHIP TO:

Same
COMMENTS OR SPECIAL INSTRUCTIONS:
50 % down payment via Bank Wire Transfer or Company Check, balance due upon delivery in the form of a Bank Certified Check. Lead-time approximately 90 days after receipt of purchase order and 50 % down payment. Customer to provide California tax exempt form to avoid paying state taxes.

SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA F.O.B. POINT TERMS MF TBD Courier Waupaca,
WI
Cash

QUANTITY DESCRIPTION UNIT PRICE TOTAL
1 Eco-Harvester, 2023 Model $109,949.00 $109,949.00
1 Customized Transport Trailer, 2023 Model $9,499.00 $9,499.00 1 Upgrade to Kubota Diesel Engine to meet CA
Emissions Requirements. $11,900.00 $11,900.00
1 Upgrade to 5’ x 5’ cutter-head attachment
w/double acting blades $18,000.00 $18,000.00
174 January 10, 2023

1. It is 2,056 miles to California City, CA and we
charge $3.00/mile for one-way delivery which
includes up to 2 hours of product training.

SUBTOTAL $149,348.00
SHIPPING $6,408.00
SALES TAX $0.00
TOTAL DUE $155,756.00
Make all checks payable to Lake Weeders Digest, LLC
If you have any questions concerning this invoice, contact Lake Weeders Digest at 763.551.1441 or [email protected]
THANK YOU FOR YOUR BUSINESS!
175 January 10, 2023
ITEM NO. NB 4.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Ron Smith

SUBJECT: Desert Jade – Update – Discussion - Action

BACKGROUND/ DISCUSSION
Our seniors have been waiting for many months to move into available units (at least 60 on waiting list. Volunteers have asked for the opportunity to clean and refresh these units for our seniors to be able to receive affordable housing.

FISCAL IMPACT. $500.00 per unit for cleaning, shampooing and paint if need be.

COUNCIL OPTIONS. 1. Permit volunteers to prepare these units for immediate occupancy for our seniors.

2. Not allow volunteers to prepare these units.

RECOMMENDATION. Allow volunteers to prepare these units for immediate occupancy by our seniors that are on the waiting list.

ATTACHMENTS
176 January 10, 2023
ITEM NO. NB 5.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Ron Smith

SUBJECT: Special Tax Discussion

BACKGROUND/ DISCUSSION
June 20, 2024 is fast approaching on our city. We need immediate discussion on plan for what will be presented to our community.

FISCAL IMPACT. Significant. Current parcel tax is nearly $7,000,000.00 annually.

COUNCIL OPTIONS. 1. Present a cohesive plan after pursuing discussion with citizens, KernTax, Howard Jarvis and Staff, etc.

2. Take no action.

RECOMMENDATION. Immediately pursue discussion and develop a plan for Public Safety protection.

ATTACHMENTS
177 January 10, 2023
ITEM NO. NB 6.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Ron Smith

SUBJECT: Cannabis Odor Mitigation – Temporary Greenhouses

BACKGROUND/ DISCUSSION
Our citizens were promised odor mitigation which is clearly stated in our Cannabis Ordinance. Whatever is being done to mitigate the odor is not working at some facilities. What is the status of temporary greenhouses in our community? How long is temporary?
FISCAL IMPACT. Unsure due to lack of specific tax information on individual cannabis facilities.

COUNCIL OPTIONS. 1. Require cannabis ordinance to be followed and offending cannabis facilities be required to install odor mitigation that is effective or be required to cease operation until installed. Take immediate action on all temporary greenhouses.

2. Do nothing and allow for continued ignoring of our cannabis ordinance and continued poor community image.

RECOMMENDATION. Take immediate action on odor mitigation and adherence to cannabis ordinance. Take immediate action on temporary greenhouses.

ATTACHMENTS
178 January 10, 2023
ITEM NO. NB 6A.

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Councilman Jim Creighton

SUBJECT: Disposition of Temporary Greenhouses

BACKGROUND/ DISCUSSION
On October 9, 2018, Council met to discuss whether to allow temporary greenhouses to be constructed for use by cannabis cultivators. The concerns by council revolved mainly around wind requirements and odor mitigation.

After considerable discussion by council and public the recommendation was to “Direct the City Manager and City Attorney to develop the necessary agreement to allow for the construction of greenhouses for the cultivation of cannabis on a temporary basis (2-5years) until there is enough power to support indoor cultivation” Vote was 4 Ayes and I recusal.

In the almost 5 years since this was adopted odor mitigation is still a concern of residents and council. So, in that respect the cannabis operators have failed to comply with CCMC Title 5, Chapter 6, Section 5-6.906(h) Odor Control.

As this was a temporary allowance per paragraph 3 of the Staff Report (attached) and cannabis operations have continued in these structures unabated it is time to discuss and direct the disposition of these facilities
FISCAL IMPACT:

It is likely that if greenhouses were directed to replace existing temporary greenhouses with permanent structures that the City would potentially lose revenue from 2 or 3 locations City wide
COUNCIL OPTIONS:

Do nothing and allow temporary structures to remain
Direct the City Manager and City Attorney to enforce CCMC and bring cannabis 179 January 10, 2023
operations into compliance
Direct the City Manager and City Attorney to start the elimination of all temporary greenhouses currently in place and prevent any future construction of temporary greenhouses
Direct the City Manager and City Attorney to eliminate all temporary greenhouses or allow a period of time for the cannabis business to bring the facilities into compliance RECOMMENDATION:

Direct the City Manager and City Attorney to eliminate all temporary greenhouses or allow a period of time for the cannabis business to bring the facilities into compliance ATTACHMENTS:

STAFF REPORT FROM CITY COUNCIL MEETING ON 9 OCTOBER, 2018 180 January 10, 2023
181 January 10, 2023
182 January 10, 2023
ITEM NO. CB 1.

COUNCIL AGENDA ITEM
JANUARY10, 2023
PREPARED BY: Dr. Jim Hart, Interim City Manager
SUBJECT: Reconsideration of Fast Track Resolution

BACKGROUND/ DISCUSSION
The City Council discussed the Fast Track Resolution 10-22-2952 at the October 25, 2022 meeting and directed staff to bring back a resolution that separated the policy provisions from the administrative procedures. That revised Fast Track Resolution 10-22- 2955 was adopted by the City Council and staff provided, for information purposes only, the Administrative Procedures to the City Council at the November 22, 2022 meeting.

At the December 13, 2022, City Council meeting, staff was asked to bring back for reconsideration Fast Track Resolution 10-22-2952. The reconsidered Fast Track Resolution has been prepared consistent with the Council’s direction and is provided as Fast Track Resolution 01-23-2963 for the City Council’s review, discussion, and action.

FISCAL IMPACT
There is no direct fiscal impact from reconsidering the Fast Track Resolution

COUNCIL OPTIONS
City Council can adopt Resolution 01-23-2963
City Council can discuss and modify Resolution 01-23-2963 City Council can take no action
City Council can provide further direction to staff

RECOMMENDATION
183 January 10, 2023
The City Council adopt Fast Track Resolution 01-23-2963

ATTACHMENTS
Fast Track Resolution 01-23-2963
184 January 10, 2023
RESOLUTION NO. 01-23-2963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY INTRODUCING FAST TRACK PERMITTING
POLICY
WHEREAS, the Permit Streamlining Act (“PSA”), California Government Code § 65920 et seq, enacted in 1977 was established in order to expedite the processing of permits for development projects by imposing time limits within which state and local government agencies must either approve or disapprove permits; and WHEREAS, on May 28, 2019, the City of California City (“City”) adopted Resolution 05-19-2090 which temporarily waived, for a period of 3 years, residential development impact fees for water and sewer and water connection fees; and directed staff to develop a “Fast Track Resolution” for adoption as policy to include expedited review and decision of entitlements subject to the PSA and a separate process for expedited review, and permitting of building and engineering plans and documents; and WHEREAS, pursuant to Resolution 05-19-2090, the Fast Track process shall include timelines for processing project, entitlement and environmental documents; and WHEREAS, “Fast Track” is defined as a commitment by City staff to expedite the plan review and permit process within a structured timeline, tracking status of applications from submission to approval; and
WHEREAS, on April 27, 2021, the City of California City adopted Resolution 04- 21-2857 extending the temporary waiver of the development impact fees and water connection fee for 5 years commencing from March 23, 2021. All other provisions of Resolution 05-19-2090 shall remain in full force and effect including the City Council’s instructions to staff to develop a Fast Track permitting process; and WHEREAS, on January 14, 2020, the City of California City adopted Resolution 01-20-2815 establishing a new Master Residential Plan Review fee for residential Master Plan sets, which contain identical sets; and
WHEREAS, local community developer and Kern County Taxpayers Association Director Mr. D.J. Twohig and City staff co-hosted meetings July 7, 2022, and July 14, 2022, including assembly of developer working group both virtually and in City Hall chambers, respectively, to specifically address the development industry questions and comments relating to unnecessary impediments involving entitlement and permitting processes; and
185 January 10, 2023
WHEREAS, discussions between the development community and City staff continued on September 29, 2022, to review and conclude the Draft Fast Track Resolution; and
WHEREAS, on October 25, 2022, City Council adopted Resolution 10-22-2955 and directed the City Manager to separate Resolution 10-22-2952 into a Resolution and separate administrative policy which City Manager brought back to the Council for its information only; and
WHEREAS, on December 13, 2022, City Council discussed the reconsideration of the original Resolution 10-22-2952 which did not include a separate administrative policy; and
WHEREAS, the City recognizes the burdens that unnecessary impediments and delays in processing applications for entitlement and new construction permits pose in attracting and sustaining momentum with residential, commercial, industrial development; and
WHEREAS, the City further recognizes the significance and importance of developers’ investment of ingenuity, capital, time and talent, while encountering risks, etc. as necessary to create jobs, tax base and housing opportunities in the community; and WHEREAS, as part of the permitting process, under California Residential Code (“CRC”) R106.1, Submittal Documents consisting of construction documents and other data shall be submitted in 2 or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

WHEREAS, the building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the CRC; and WHEREAS, under Health and Safety Code 17960 (a), the governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function; and WHEREAS, under Health and Safety Code 17960 (d), when there is an excessive delay in checking plans and specifications submitted as a part of an application for a residential building permit, the local agency shall, upon request of the applicant, contract 186 January 10, 2023
with or employ a private entity or persons on a temporary basis to perform the planchecking; and WHEREAS, the City Manager or Building Official is responsible to ensure the plan review and permit process is concurrently managed within a structured timeline in accordance with state law; and
WHEREAS, the City Manager or designee is responsible for tracking the status of applications from submission to approval, adopting local conditions for a rural community as prescribed in the CRC; and
WHEREAS, City staff and developer working group collectively recommend adopting the following public relations message to enhance the City’s customer service orientation, “Our Vision includes Fast Track permitting and attractive residential permit fees.”
NOW THEREFORE, the City Council of the City of California City resolves as follows:

Section 1. This Resolution shall supersede and replace Resolution 10-22-2955 in its entirety.

Section 2. Plan check shall occur upon submission and within 10 working days for residential building plan check and within 30 days for commercial building plan check.

Timelines for Entitlements subject to the PSA: 30 calendar day responses to Site Plan Review (“SPR”) applications and environmental documents (if complete). Staff will launch iWorQ tracking and issue passcodes to applicants to monitor the processing. Upon submission of entitlement application, a hearing date will be calendared (subject to completed application). Applicants will be informed by the Planning Department within 10 working days of application for SPR as to whether the application is complete. SPR review and Planning Director’s hearing shall be completed within 90 calendar days of the date an application is determined complete and all fees have been paid by the applicant.

An application number (receipt) will be issued and date stamp upon submission.

Section 3. City Manager is accountable to build the management team which includes City employees, entities and/or private persons as necessary to manage staff 187 January 10, 2023
professional responsiveness and timelines noted in Section 1 herein (consistent with the PSA and Health and Safety Code § 17960.1.

Section 4. Responsiveness to phone calls, emails, and/or over the counter communications shall occur within 2 working days.

Section 5. Staff will accept both electronic and/or over the counter submissions of applications as described in CRC.

Section 6. Staff will apply CRC regulations to permit applications, including, but not limited to, local known climatic, topographical or geological conditions.

Section 7. Soils testing shall not be required on residential projects unless greater than one acre or the soil cannot support greater than 1500 psf. Foundation designs by registered design professionals may include design specification for worst case local soil conditions.

Section 8. Per City Master Plan, Residential septic design may follow the historical local conditions for septic installation, per engineer recommended specifications.

Section 9. Staff will review within 1-5 working days, Master Plan Set Plot Plans (which include the subject Site Plan) for those new residential sites when identical and referenced to a previously approved Master Plan. Applicant may defer Survey Plat, solar and fire sprinkler design, subject to field inspection.

Section 10. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council of California City hereby declares that it would have adopted the Resolution and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

This Resolution was approved on the 10th day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:
_____________________________
Kelly Kulikoff, Mayor
188 January 10, 2023
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Unknown, City Clerk Victor Ponto, City Attorney
189 January 10, 2023

← All documents from this meeting