Kelly Kulikoff
Mayor
Ronald Smith
Mayor Pro Tem
Jim Creighton
Councilmember
Karen Macedonio
Councilmember
Michael Kulikoff
Councilmember AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
MEETING
TUESDAY, FEBRUARY 14, 2023
CLOSED SESSION @ 4:00PM
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:
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4.Comments
a.Public must join Zoom meeting to comment
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1 February 14, 2023
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. ** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 4:00 PM
CALL TO ORDER
ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, 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.
CLOSED SESSION
CS 1. Public Employment/Employee Appointment - Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
CS 2. Conference with legal Counsel – Potential Exposure to Litigation SDI Funds Paragraph (2) of subdivision (d) of Section 54956.9 and subdivision (a) of Section 54956.95 CS 3. Conference with Labor Negotiator with the following bargaining units: Miscellaneous Unit, Fire Department Unit & Police Department Unit - Pursuant to Government Code Section 54957.6
City Negotiator: Victor Ponto, City Attorney
REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff
CITY CLERK REPORTS/LATE COMMINICATIONS
• Correspondence from J.M. Powers dated February 4, 2023, February 5, 2023 & February 6, 2023..
J.M. Powers has requested that 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
2 February 14, 2023
PRESENTATION
P 1. Oath of Office for our New Sergeant Rivera – by Police Department P 2. Officer Angulo to be Awarded 10851 Pin – by Police Department P 3. Safely Surrender Baby Month – Kern County Human Services
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
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.
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 01/20/2023 through 02/09/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve Surplus Declaration/Disposition – by Chief Hightower, Police Department CC 3. Title 24 Code Update – by Chief Kosick, Fire Department Introduce Ordinance No. 24-800 for first reading
CC 4. Approve Recruitment of Additional OHV Staff – by Inge Elmes, OHV Manager CC 5. Fireworks for 4TH of July – by Theresa Oaks, Park and Recreation Supervisor
CITY MANAGER REPORT
CM 1. Water Board Deficiency Notification – Oral Report
PUBLIC HEARING
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
PH 1. Public Hearing for the use of CDBG FY 23/24 Funds – by Theresa Oaks, Park and Recreation Supervisor
Recommendation:
The City Council conduct the public hearing tonight, listen to the public’s ideas for the 3 February 14, 2023
use of the CDBG Funds, including current and future projects. Council accept one of the ideas so that Staff can submit the application.
PH 2. Amending Section 2-1.104(b) of the California City Municipal Code – by Councilmember Creighton
Recommendation:
Approve the proposed version of CCMC section 2-1.104(b) with accepted modifications if Agreed
CONTINUED BUSINESS
CB 1. The future of all Commissions – by Mayor Kulikoff Recommendation:
Direct the City Manager per City Council direction
NEW BUSINESS
NB 1. Police Department Roof Repair – Chief Hightower, Police Department Recommendation:
Council approves the bid from Western Pacific Roofing Corporation to perform the roof repairs as outlined for $3,750.00.
NB 2. Change Regular City Council Meeting Start Time – by Mayor Kulikoff Recommendation:
City Council consensus to change the regular meeting start time to 5:00pm.
NB 3. Adoption of Resolution No. 02-23-2965, a Resolution of the City Council of the City of California City, Establishing Check Signing Authority – by Mayor Kulikoff Recommendation:
Staff recommends that the City Council adopt Resolution No. 02-23-2965 authorizing the Mayor Pro Tem, Acting Finance Manager/Finance Manager, Acting City Clerk/City Clerk, and the Acting City Manager/City Manager, in addition to the Mayor, to sign checks presented by the City Treasurer
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk 4 February 14, 2023
Late Communications
5 February 14, 2023
6 February 14, 2023
7 February 14, 2023
8 February 14, 2023
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10 February 14, 2023
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
February 14, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
President’s Holiday weekend is expected to bring in a good number of OHV visitors, weather permitting.
Operations
Ground crew continues to maintain OHV riding areas, install signage, and upkeep amenities. Staff has been busy cleaning up riding areas and routes. Park aides are preparing for the upcoming holiday.
Manager Updates
Staff is focused on the G23/24 grant application cycle. Preliminary applications are due March 6, 2023, by 5pm. From March 7 – May 1, the public has the opportunity to view and comment on all OHMVR Division applications. Final applications are due June 5th by 5pm.
Attached is the Annual OHV Report and updated Annual OHV Visitor Count Report.
Finance Report
For the month of January, OHV sales totaled $7,451.00. 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 February 14, 2023
OHV ANNUAL VISITOR COUNTS
FY - 2020 FY - 2021 FY - 2022
RV Campsite Counts Former Year Prior Year Current Year
President's Day Holiday 114 266 243
Easter Holiday Closed due to Covid 62 54
Memorial Day Holiday Closed due to Covid 68 39
Labor Day Holiday 34 28 35
Columbus Day Holiday 28 42 31
Thanksgiving Holiday 498 645 342
New Year's Holiday 382 482 292
Total RV visible campsites 1056 1593 1036
Notes: A visual count is completed at the peak of each holiday weekend. These counts are completed by staff and volunteers from Twenty Mule Team Parkway and campground visits. Each count includes a campsite of approximately 4 -10 Recreational Vehicles. Each RV will bring approximately 4 - 6 visitors.
These figures are a best estimate and are not actuals.
12 February 14, 2023
Jan 2023 MONTHLY OHV PROGRAM SALES FY 22/23
SALES QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10
Single Permits $15 225 $1,665 $750 $750 $210 $3,375 27,420.00 Small Family (Prorated) $40
Small Family $60 23 $600 $300 $300 $180 $1,380 36,840.00 Large Family (Prorated) $80
Large Family $100 5 $300 $200 $500 9,600.00
OHV 4 Pack (Prorated) $35
OHV 4 Pack $50 16 $350 $50 $250 $150 $800 11,850
RV Pass (Prorated) $15
RV Pass $30 11 $150 $60 $60 $60 $330 5,940.00
Single Dump Pass $5 15 $55 $20 $75 595
Single Water Pass $5 7 $20 $15 $35 575
Additional Permits (Prorated) $5
Additional Permits $10 2 $10 $10 $20 2,040.00
Free Free 6 0
Residents Permits Free 0
Paypal Fees - $4 $4 17 $68 $68 $396
Holiday Week Day - Power $25 50
Holiday Week Day - Water $15 30
Non-Holiday Weekday-Power $15 4 $45 $15 $60 420.00
Non-Holiday Weekday-Water $10 4 $40 $40 140.00
Holiday Weekend - Power $40 200
Holiday Weekend - Water $20 80
Non-Holiday Weekend-Power $25 5 $75 $50 $125 775.00
Non-Holiay Weekend-Water $15 3 $45 $45 255
Shower Tokens $0.50 254 $107 $20 $127 1,911.00
Transient Lodging $150
Vendor Fees $1 1,960.00
Special Event Fees $5 0
Map Sales $3 7 $21 $21 162
Donations $1 154
Hoodies $40 4 $80 $80 $160 3,880.00
Short Sleeve Shirts $20 6 $80 $40 $120 660.00
Long Sleeve Shirts $30 1 $30 $30 345.00
Caps $20 860.00
Bucket Hats $20 130.00
Visors $15 60.00
Beenies $15 4 $15 $45 $60 1,100.00
Tumblers $25 145.00
Magnets $5 3 $10 $5 $15 75.00
Ornaments $8 20.00
Stickers $3 10 $10 $12 $22 151.00
Coffee Mugs $15 1 $10 $10 160.00
Shot Glasses $8 1 $8 $8 223.00
Keychain $10 3 $5 $20 $25 190.00
MONTHLY TOTALS $3,713 $1,370 $1,700 $668 $7,451 $109,392.00 13 February 14, 2023
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
February 14, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV 2022 ANNUAL REPORT
___________________________________________________________________ Overview
Permit Sale quantities have been totaled for the period of January 1, 2022 – December 31, 2022. These numbers are derived from the OHV Department’s monthly permit sale reports.
List of Items Quantities Sold
Single Permits 2844
Small Family Pack 334
Large Family Pack 113
OHV 4 Pack 343
RV Passes 232
Single Dump Passes 212
Single Water Passes 187
Additional permits 273
______________________________________________________________________________ A visual count is completed at the peak of each holiday weekend. Each count includes a campsite of approximately 4-10 RV’s/Trailers at each campsite. Each trailer will bring approximately 4-6 visitors. These figures are a best estimate and not actuals. Please refer to attached Annual Visitor Counts Report for holiday data and comparisons.
Date of Count Group Counts RV/Trailer Estimates Visitor Estimates Holiday 02/19/2022 243 972 – 2430 3888 – 14580 Presidents Day
04/17/2022 54 216 – 540 864 - 3240 Easter
05/28/2022 39 156 – 390 624 – 2340 Memorial
09/03/2022 35 140 – 350 560 – 2100 Labor Day
10/08/2022 31 124 – 310 496 – 1860 Columbus Day
11/28/2022 342 1368 – 3420 5472 – 20520 Thanksgiving
12/31/2022 292 1168 – 2920 4672 – 17520 New Year
14 February 14, 2023
CITY COUNCIL
DATE: 02/14/2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of January
______________________________________________________________________ Events
Staff and volunteers are focusing on preparing for Desert Tortoise Days Event.
Operations
During the month January, staff continues to focus on clean up at Central Park, Balsitis, and Par 3. Graffiti in all of our parks has escalated and staff is spending a substantial amount of time cleaning and painting over it. Staff will continue to do weekly cleanings of all 3 parks including the bathrooms.
Staff have begun requiring ID for coming into the Strata to help alleviate the destruction that has been happening, as well as to alleviate the fights that had been happening. We previously required people sign in, however they were leaving fake names. Since instituting this rule there has been a decrease in the damage done in the bathrooms, as well as a decrease in the fighting at the Strata.
As staff begins to prepare for Desert Tortoise Days staff are looking at mailing fliers with the water bill to advertise for vendors and parade entries. As we plan for our Desert Tortoise Days schedule of events, we will be utilizing Google forms in addition to hard copies for vendor forms and parade registration.
The adult aerobics class continues to be held on Tues, Wed and Friday from 10-
11. The Strata is open for adult walking club from 11- 12 on Tues., Wed., and Fri.
ABC Learning is a preschool program offered at the Strata Tues – Fri from 9-12.
We are currently at capacity with a waiting list. 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. The number of people using the Strata varies on a day-to-day basis, but according to 15 February 14, 2023
our sign in sheets we have had an average daily attendance of approximately 28 people. This includes kid’s basketball practice, open gym, game room, etc.
Staff has been working with the city engineer, as well as Kern County on moving forward with the Balsitis project. The project includes new playground equipment, playground surfacing, and a new basketball court.
Programming
Programming will continue to include the adult aerobics, adult walking club, ABC Learning and open gym. Staff continues to partner with We Got Next Sports which has brought a phenomenal basketball program, NFL flag football as well as cheerleading. 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.
Future Programming
Some future programming includes line dancing classes, indoor soccer, kids dance classes, and kid’s martial arts. Currently waiting on volunteers to get approved before moving forward with these.
Schedule
We Got Next Basketball and cheer – Tues, Thurs, and Fri 4-6pm Kids Art Class – Wednesdays 2:30-4p
Adult Aerobics – Tues, Wed, and Fri 10-11
Adult Walking Club – Tues, Wed and Fri 11-12
Open Gym - Tues, Thurs, and Fri 1-4, and 6-7, and Wednesday from 1-7 Paint and Sip – 3rd Saturday of every month at 5pm
Farmer’s Market – every Saturday 9-1 p
16 February 14, 2023
CC 1.
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36 February 14, 2023
STAFF REPORT
City Council
Council Meeting Date: February 14, 2023
TO: Mayor and Council
FROM: Jesse Hightower, Chief of Police
SUBJECT: Surplus Declaration/Disposition
BACKGROUND:
On February 1, 2022, California City Police Department vehicle 307 was involved in a solo traffic collision, causing extensive and unrepairable damage. On December 13, 2022, monies were received from the insurance company and applied to GL 18-3871. Since that time, the wrecked vehicle has been parked in the lot of the police department. We have removed all the salvageable equipment such as radios, gun locks and computer mounts and have no other use for the vehicle itself and would now consider it “surplus.” FISCAL IMPACT:
Profit of $500.00.
ATTACHMENT(S):
Photos of CCPD vehicle 307.
RECOMMENDATION:
Council approves the classification of CCPD vehicle 307, Vehicle Identification Number (VIN) 2FAFP71V38X180022, as surplus, and to allow CCPD to sell the vehicle to SA Recycling for $500.00.
ENVIRONMENTAL IMPACT:
None.
PREPARED BY:
Jesse Hightower, Chief of Police
CC 2.
37 February 14, 2023
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CITY COUNCIL
DATE: Feburary 14, 2022
TO: Mayor and City Council
FROM: Jeremy Kosick, Fire Chief
SUBJECT: Title 24 Code updates
_____________________________________________________________________________________ The Fire Department and Building Department is requesting to update the fire and building codes to the current 2022 publication.
BACKGROUND:
Every three years Title 24 is updated throughout the State of California for all Fire and Building Codes. Updating to the latest code iteration is customary and has been standard practice for the City of California City. Updating to the latest code iteration ensures compliance with new industry safety standards and required mandates for the State of California.
RECOMMENDATION:
The City Council adopts the 2022 version of Title 24 (All 12 Parts) including all appendices and NFPA standards to be known as the Fire Code and the Building and Safety Code per municipal code sections Sec. 4-1.101 and Sec. 8-1.01 respectively.
FISCAL IMPACT:
An estimated cost of $4,649.37 for three physical copies of each code as required by the municipalde (Sec. 4-1.102 and Sec. 8-1.102) and PDF Download versions split between the fire department, the general fund, and the building department.
Fire GL# 19-4222-210-$1,549.79
Building GL# 10-4168-210-$1,549.79
General Fund GL# 10-4155-210-$1,549.79
CC 3.
42 February 14, 2023
ENVIRONMENTAL IMPACT:
Helps to ensure compliance with current state laws and codes.
Attachments:
Ordaniance No. 24-800
43 February 14, 2023
ORDINANCE NO. 24-800
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA, CALIFORNIA, ADOPTING THE 2022 EDITION OF THE TITLE 24 CALIFORNIA BUILDING STANDARDS OF REGULATIONS AND FIRE CODE (ALL 12 PARTS)
WITHOUT AMENDMENTS, AND ALL NFPA STANDARDS WHICH WILL COMPRISE
THE BUILDING AND SAFETY CODE OF THE CITY OF CALIFORNIA CITY, AND THE FIRE CODE OF CALIFORNIA CITY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CALIFORNIA CITY SECTION 1: The City of California City hereby adopts the 2022 California Code of Regulations Title 24 all 12 parts, all appendices, and NFPA standards, without amendments as the City of California City Building and Safety Code 2022, and California City Fire Code 2022.
SECTION 2: References to Prior Code: Upon the effective date, the 2022 City of California City Building and Safety Code, and California City Fire Code, will supersede and expressly repeal any and all previous city building codes.
SECTION 3: Effective Date: The 2022 City of California City Building and Safety Code, and California City Fire Code will be in force and effective on January 1, 2023.
SECTION 4: if any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more of them would be declared invalid or unconstitutional.
SECTION 5: Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within City of California City, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this _____ day of ______, 2023.
Kelly Kulikoff, Mayor
44 February 14, 2023
I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of California City held on the 14 day of February, 2023, and was adopted at a regular meeting of the City Council of the City of California on the ____ day of _________,__, by the following roll call vote:
AYES:
NOES: ABSENT:
ABSTAINED:
ATTEST:
Socorro Chavez , City Clerk
45 February 14, 2023
ITEM NO. CC 4
COUNCIL AGENDA ITEM
February 14, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Approve Recruitment of Additional OHV Staff
BACKGROUND/ DISCUSSION
The OHV Department is requesting two additional part time Park Aides and one full time Park Aide to assist at Borax Bill Park. The part time Park Aide positions are included in the current G22 grant cycle and are fully grant funded. These positions were included in the current grant to assist with medical walk ins and visitor assistance. The full time Park Aide position was part of the OHV program in year’s past and staff is requesting to fill this position again. The full time Park Aide position, OHV Clerk, will be fully funded through the OHV Permit Fund Program for the remainder of this Fiscal Year. The OHV Clerk will assist full time at Borax Bill Park to accommodate the increase of visitors during the week. Future plans will continue to include the additional part time park aides and full time Park Aide, OHV Clerk, in the G23 grant applications to be fully grant funded. These positions are included in the FY22/23 budget requests.
FISCAL IMPACT
Fiscal impact will be no more than $40,000.00 for two additional part time OHV Park Aides to GL code 16- 4247-120. Additional fiscal impact will be $18,500.00 for one full time Park Aide - OHV Clerk to GL code 29- 4219-110.
RECOMMENDATION
Council to approve the addition and recruitment of OHV staff.
46 February 14, 2023
City Council
February 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: THERESA OAKS, PARKS AND RECREATION
SUBJECT: 4th of July Fireworks
BACKGROUND:
4th of July is a long-standing tradition for our community. Staff would like to continue this tradition by having our 4th of July Extravaganza culminate in a fireworks show.
RECOMMENDATION:
In January staff contacted 3 pyrotechnic companies that would come to our area and that offer fireworks shows. Those 3 companies were Fireworks America, Zambelli Fireworks and PyroSpectaculars by Souza. Fireworks America, and Zambelli were both booked. PyroSpectaculars is the company that we had used in the past, and has continued to be accommodating with the price they are charging. Staff recommends using Pyrospectaculars as they are available on the 4th of July, and they have done a fantastic job at a great price in the past.
FISCAL IMPACT:
Fiscal impact will be $23,500.00 out of 10-4561-429 for the fireworks show. $11750 due immediately, to secure spot. $11,750 due on the 4th of July.
ATTACHMENTS:
Attachment 1 – proposal from
CC 5.
47 February 14, 2023
48 February 14, 2023
January 20, 2023
California City
Theresa Oaks
21000 Hacienda Blvd.
California City, CA 93505
Dear Ms. Oaks,
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your July 4, 2023 event. The following proposal outlines your custom designed Program "A" for the amount of $23,500.00. The various fireworks elements provided are prepared to shoot from Central Park for approximately 15-20 minutes.
Our full service program includes necessary preproduction services, the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and pyrotechnic safety equipment used for support and protection. The price also includes insurance coverage, sales tax, and delivery. To help ensure public safety, we work directly with the local fire authority, and we apply for the necessary fireworks related permits. Our winning combination of products, people, and production capabilities help produce the best fireworks entertainment package for your event.
Your organization will be responsible for payment of permit fees and/or standby firemen fees, if any. The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location, necessary security for the display site, and other event permits.
Please review the enclosed Proposal, Product Synopsis, Production Agreement, and Scope of Work in detail. In order to reserve your program, it is imperative that you return the fully executed agreement, your initial payment, and applicable permit fees to our office by March 1, 2023, the price firm date in your production agreement. The program, pricing, and show date may not be available beyond the price firm date.
If you wish to discuss your program or need more information, please call either me or your Customer Service Representative Maria Barajas at (909) 355-8120 ext. 228.
Sincerely,
PYRO SPECTACULARS, INC.
Jeff Martin
Sales Manager
JM/mb
Enclosures Pyro Spectaculars, Inc.
P.O. Box 2329 • Rialto, CA 92377 • Phone: (909) 355-8120 or (888) 477-PYRO • Fax: (909) 355-9813 49 February 14, 2023
Product Synopsis • Pyrotechnic Proposal
California City
PROGRAM A- July 4, 2023
$23,500.00
Main Body - Aerial Shells
Description
♦ 3" Souza Designer Selections
♦ 4" Souza Designer Selections
♦ 5" Souza Designer Selections
Total of Main Body - Aerial Shells
Quantity
150
90 60
300
Grand Finale
Description
♦ 2.5" Souza Designer Bombardment Shells
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Bombardment Shells
Total of Grand Finale
Grand Total
Quantity
72 90
60 222
522
*Display duration approximately 15-20 minutes*
Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. 50 February 14, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page I of 4
PRODUCTION AGREEMENT
This agreement ("Agreement") is made this day of ------------ 2023 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and California City, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein.
I. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference.
1.1 PYRO Duties- PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, all as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1.2 CLIE T Duties- CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2. Time and Place - The Production shall take place on Julv 4, 2023, at approximately 9:00 p.m., at Central Park between baseball fields. 10350 Heather Ave., California Cicv, CA, Site.
3. Fees, Interest, and Expenses -
3.1 Fee- CLIENT agrees to pay PYRO a fee of$23,S00.00USD(TWENTY THREE THO D Ff E HUNDRED DOLLAR )("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee $11,750.00USD (ELEVEN THOUS D EVE H OREO FlITY DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at S00.00 OR an amount to be determined, for a total of SI 1,750.00, upon the execution of this Agreement by both parties but no later than March I. 2023. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fee shall be paid no later than July 5, 2023. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 .Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses - PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costsrelated to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Proprietarv Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in the Production, and as to such CLIENT-owned and third-partyowned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited.
5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach ofthis Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.
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8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the California City Fire Department, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (I) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services.
10. lndemnilicntion - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinarv Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.
12. Force ajeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.
13. Rescheduling Of Evcnl - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. rught To Cancel-CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. I) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.
15. No Joint Venture- It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.
I 6. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.
17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
Locust Avenue, Rialto, California 92377. CLIENT - California Citv, 2 IO00 Hacienda Blvd., Cnlifornia Citv. CA 93505.
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18. Modification of Terms- All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. cverabilitv - If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.
20. Price Firm - If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through March 1, 2023
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS, INC. California City
By:
Its: President Its:
Date: _ _,_/_, /J'1--_0_,./'--;;;,_-Q__O_
Print Name
Date:
SHOW PRODUCER: Jeff Martin
PSI V-2021-2
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SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
California City ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production on Julv 4, 2023, at approximately 9:00 p.m. at Central Park between baseball fields, 10350 Heather Ave.• California City, CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:
Insurance Requirements Limits
Commercial General Liability
Business Auto LiabilityOwned. Non-Owned and Hired Autos Workers' Compensation
Employer Liability
$5,000,000.00
$5,000,000.00
Statutory
$1,000,000
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
54 February 14, 2023
CLIENT shall provide to PYRO the following goods and services:
• All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.
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55 February 14, 2023
CITY COUNCIL
February 14, 2023
TO: Mayor and City Council
FROM: Theresa Oaks Recreation Supervisor
SUBJECT: Public Hearing for the use of CDBG FY 23/24 Funds BACKGROUND: In order to comply with the requirements of the Community Development Block Grant (CDBG) Funds application, Staff published a public notice stating that the city expects to receive approximately $70,000 in CDBG funds next year and is seeking help from the community to identify eligible and qualifying projects including both current and future projects. The application also requires Staff to conduct a public hearing before City Council to discuss and prioritize a proposed project ideas. City Council should listen to the public’s comments before approving the selected project idea to be submitted by Staff to Kern County in the form of the CDBG FY 23/24 Application. Qualifying projects include current underfunded projects, or future projects which are listed in attachment.
RECOMMENDATION: The City Council conduct the public hearing tonight, listen to the public’s ideas for the use of the CDBG Funds, including current and future projects. Council accept one of the ideas so that Staff can submit the application.
ATTACHMENTS:
1. Map of Qualifying Areas
2. Eligible Activities
FISCAL IMPACT: None
ENVIRONMENTAL ACTION: N/A
PH 1.
56 February 14, 2023
Attachment A
57 February 14, 2023
Attachment A
58 February 14, 2023
ELIGIBLE ACTIVITIES and
NATIONAL OBJECTIVES
Federal regulations specify that all projects and programs funded with CDBG, HOME, and ESG funds must be both “Eligible” for funding and meet one of three “National Objectives.” EXAMPLES OF ELIGIBLE ACTIVITIES by major category include:
CDBG Program:
Public Facilities, including but not limited to
acquisition for, design, construction, reconstruction, or rehabilitation of:
Community/Neighborhood Centers
Senior Centers
Child Day Care Facilities
Parks/Recreation Facilities
Branch Fire Stations and Libraries
Shelters and Rehab Centers for Specified
Groups
Public Improvements
Domestic Water System Improvements
Fire Prevention Improvements
Sewer System Improvements
Drainage Facilities (Basins, Drain Lines, Curb
and Gutter)
Removal of Architectural Barriers
Street Improvements
Improvements to Public and Private Utilities
Public Services (only as approved by the Board of
Supervisors)
Housing Programs/Projects
Rehab of Owner/Tenant Occupied Housing
Direct Home Ownership Assistance
Acquisition of Land, and/or Off-Site
Improvements in Support of Affordable
Housing
American Dream Downpayment Initiative Program
Economic Development
Assistance to Private Businesses to Facilitate
Creation of New Jobs
Other Activities to complement those previously listed:
Relocation Assistance
Demolition/Clearance
Code Enforcement
Historic Preservation
Interim Assistance – in time of Emergency
Planning for and Administration of the CDBG
Program
HOME Program
Rehabilitation of Owner and Rental Units
Acquisition of Real Property for Housing
Construction of Units for Sale or Rent
Land Acquisition for New Housing
Construction
Reconstruction of Residential Units
Development Costs/Fees
Transitional Housing, Single Room Occupancy
Housing, and Group Homes
Demolition Where New Units Will Be Built
First Time Home Buyers Program
ESG Program
Rehabilitation of Homeless Facilities
Payment of Operating Costs
Essential Homeless Services
The THREE NATIONAL OBJECTIVES are:
- Principally Benefit Low and Moderate
Income Persons
- Aid in the Prevention or Elimination of
Slums, Blight, or Blighting Influences
- Meet Community Development Need of
“Particular Urgency”
ATTACHMENT 2
59 February 14, 2023
ITEM NO. PH 2.
COUNCIL AGENDA ITEM
FEBRUARY 00, 2023
PREPARED BY: Councilman Jim Creighton
SUBJECT: Amending Section 2-1.104(b) of the California City Municipal Code
BACKGROUND/ DISCUSSION
After the 2022 election there was considerable discussion and varying interpretation of CCMC 2-
1.104(b) (Presiding officer) in determining the Mayor Pro Tempore. The code states the following: "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 the purpose of 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." The first two (2) sentences "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." caused the most discussion and consternation by members of council, public and the City Attorney.
Many members of the public and members of council interpreted the first sentence to be the deciding factor in determining the Mayor Pro Tempore. Clearly it states that "the most senior member of the Council who has not yet served as Mayor Pro Tempore shall serve as Mayor Pro Tempore." The confusion, discussion and argument came from the interpretation of the second sentence "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." Arguments were put forth stating that a newly elected member of council cannot and should not be considered a senior member. However due to the ambiguity of this sentence a newly elected member of council was determined to be Mayor Pro Tempore.
I am requesting that council consider changing CCMC section 2-1.104(b) to eliminate the 60 February 14, 2023
ambiguity in the determination of selection of Mayor Pro Tempore.
I propose the following rewrite of CCMC section 2-1.104(b) to read:
"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. Seniority shall be based on elections prior to the most recent. If the council member was re-elected to council (for consecutive terms) then their seniority shall remain in effect. Newly elected members to council (to include members who have had a break in service) shall not be considered eligible for the position of Mayor Pro Tempore unless all remaining senior members of council have been disqualified due to 1) having served as Mayor Pro Tempore at any time they served on council or 2) from declining the position of Mayor Pro Tempore. If remaining senior members of council have equal seniority then the member who received the most votes in the election in which they were seated would be determined to be Mayor Pro Tempore. Any council member who declines to serve as Mayor Pro Tempore shall be deemed to have served for the purpose of 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."
One question not addressed in the proposed rewrite is how should a Pro Tempore be selected if all council members have at some time served as Mayor Pro Tempore.
FISCAL IMPACT
Cost of amending the CCMC through publication and cost of writing the resolution and ordinance by the City Attorney
COUNCIL OPTIONS
- Do nothing and allow current version of CCMC section 2-1.104(b) stand - Discuss and approve the proposed version of the CCMC section 2-1.104(b) - Discuss and approve a modified version proposed version
RECOMMENDATION
Approve the proposed version of CCMC section 2-1.104(b) with accepted modifications if agreed
ATTACHMENTS
Resolution and proposed ordinance
61 February 14, 2023
ITEM NO. CB 1.
COUNCIL AGENDA ITEM
February 14, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: The Future of All Commissions
BACKGROUND/ DISCUSSION
During the November 22, 2022 City Council meeting, Councilmember Kulikoff requested this item on the December 13, 2022 City Council meeting agenda.
FISCAL IMPACT
Minimal fiscal impact for discussion.
COUNCIL OPTIONS
Direct City Manager per Recommendation.
Other City Council direction.
RECOMMENDATION
DIRECT THE CITY MANAGER PER CITY COUNCIL DIRECTION.
ATTACHMENTS
NONE.
62 February 14, 2023
STAFF REPORT
City Council
Council Meeting Date: February 14, 2023
TO: Mayor and Council
FROM: Jesse Hightower, Chief of Police
SUBJECT: Police Department Roof Repair
BACKGROUND:
The “new” California City Police Department opened its doors 29 years ago in 1994. Since then, all who have occupied it have done what we can to keep the building presentable and in good shape, but time is a natural enemy and now we are faced with several roof leaks. During the past few months, California City has experienced a fair amount of rain fall. This rain has shed light on several leaks throughout the building such as the Chief’s office, Sergeant’s office, briefing room and east and west hallways, to name a few. The leaks have gotten to the point of utilizing buckets to catch the water as it enters the building. These leaks have progressed and have done damage to the ceiling tiles and walls. Based on the amount of water that has leaked into the building, I fear that mold may soon become an issue if this situation is not rectified, which would be a major health concern. I have reached out to three roofing companies who all provided quotes to repair the leaks, and all three have valid contractor’s licenses and DIR numbers registered with the State.
QUOTES:
1) AV Roofing and Construction Company, $4,920.00 (DIR 1000014706) 2) Western Pacific Roofing Corporation, $3,750.00 (DIR 1000001599) 3) BSW Roofing Company, $6,200.00 (DIR 1000017442)
FISCAL IMPACT:
Minimal, with payment to come from GL 18-4212-270.
ATTACHMENT(S):
Quote from AV Roofing Construction Company.
Quote from Western Pacific Roofing Corporation.
Quote from BSW Roofing Company.
Interior photos of the Police Department.
RECOMMENDATION:
Council approves the bid from Western Pacific Roofing Corporation to perform the roof repairs as outlined for $3,750.00.
NB 1.
63 February 14, 2023
ENVIRONMENTAL IMPACT:
None.
PREPARED BY:
Jesse Hightower, Chief of Police
64 February 14, 2023
65 February 14, 2023
66 February 14, 2023
67 February 14, 2023
68 February 14, 2023
69 February 14, 2023
70 February 14, 2023
71 February 14, 2023
72 February 14, 2023
ITEM NO. NB 2.
COUNCIL AGENDA ITEM
FEBRUARY 14, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Change Regular City Council Meeting Start Time
BACKGROUND/ DISCUSSION
During the January 24, 2023 City Council meeting, Mayor Kulikoff requested this item on the February 14, 2023 City Council meeting agenda.
The current start time for the regular City Council meeting is 6PM. I’m requesting that City Council change the regular City Council meeting start time to 5PM in order to better serve public interests. By moving the time earlier, the routine agenda items should be completed before 6PM. We can then schedule Public Business from The Floor at the same time every meeting to remain consistent (Potentially around 5:30PM-6:00PM). We had meetings where Public Business from The Floor was at the beginning of a meeting and a different time where it was after several presentations and dragging into the next hour.
By time blocking the meetings, we can better address public concerns for items not on the agenda and develop a more efficient flow of public information.
FISCAL IMPACT
Minimal fiscal impact for discussion.
COUNCIL OPTIONS
Motion to Change the regular City Council Meeting start time to 5PM.
Other City Council direction.
RECOMMENDATION
CITY COUNCIL CONSENSUS TO CHANGE THE REGULAR MEETING START TIME TO 5PM.
ATTACHMENTS
NONE.
73 February 14, 2023
CITY COUNCIL
DATE: February 14, 2023
TO: Mayor and City Council
FROM: Dr. Jim Hart, Acting City Manager
SUBJECT: Adoption of Resolution No. 02-23-2965, a Resolution of the City Council of the City of California City, Establishing Check Signing Authority
_____________________________________________________________________________________
BACKGROUND
California City Municipal Code (“Municipal Code”) Section 3-3.205(b) authorizes the City Treasurer to draw checks for payroll, utility fees and charges, petty cash replenishment, SDI improvement reconveyance fees, aircraft fuel delivered to the municipal airport on a COD basis, and emergencies, with or without Council approval as necessary. Municipal Code section 3-3.205(c) authorizes the City Council to designate who in the City, other than the Mayor, is authorized to sign checks presented by the Treasurer.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 02-23-2965 authorizing the Mayor Pro Tem, Acting Finance Manager/Finance Manager, Acting City Clerk/City Clerk, and the Acting City Manager/City Manager, in addition to the Mayor, to sign checks presented by the City Treasurer.
ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
Resolution No. 02-23-2965
NB 3.
74 February 14, 2023
RESOLUTION NO. 02-23-2965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, ESTABLISHING CHECK SIGNING AUTHORITY
WHEREAS, California City Municipal Code (“Municipal Code”) Section 3-3.205(b) authorizes the City Treasurer to draw checks for payroll, utility fees and charges, petty cash replenishment, SDI improvement reconveyance fees, aircraft fuel delivered to the municipal airport on a COD basis, and emergencies, with or without Council approval as necessary; WHEREAS, Municipal Code section 3-3.205(c) authorizes the City Council to designate who in the City, other than the Mayor, is authorized to sign checks presented by the Treasurer.
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 authorizes the following persons, in addition to the Mayor, to sign checks presented by the City Treasurer:
a. The Mayor Pro Tem
b. The Acting Finance Manager/Finance Manager
c. The Acting City Clerk/City Clerk
d. The Acting City Manager/City Manager
3. Each authorized signatory shall have on file, with the bank holding the applicable checking account with the City, a form granting such authority.
PASSED, APPROVED AND ADOPTED this 14th day of February 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kelly Kulikoff, Mayor
ATTEST:
_______________________________
Socorro Chavez, City Clerk
75 February 14, 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 14th day of February 2023. _______________________________
Socorro Chavez, City Clerk
APPROVED AS TO FORM
________________________
Victor Ponto, City Attorney
76 February 14, 2023