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
REGULAR MEETING
TUESDAY MAY 09, 2023
CLOSED SESSION @ 4:00PM
REGULAR MEETING @ 5:00PM
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)
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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 May 09, 2023
** 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. Conference with Legal Counsel – Anticipated Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Self-Insurance Coverage Liabilities- One (1) Matter
CS 2. Conference with Labor Negotiator with the following bargaining units:
Fire Department Unit & Police Department Unit - Pursuant to Government Code Section 54957.6
City Negotiator: Inge Elmes, Acting City Manager
REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff
CITY CLERK REPORTS/LATE COMMUNICATIONS
• Correspondence from J.M. Powers dated April 29, 2023, April 30, 2023, and May 01, 2023 J.M.
Powers has requested that they be part of the official meeting records.
DEPARTMENTAL REPORTS
• OHV
• Park and Recreation
• Planning
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.
2 May 09, 2023
PRESENTATION
P1. Officer Lopez to receive Certificate of Commendation – by Police Department P2. Honor of May 2023 as Community Action Month – Community Action Partnership of Kern
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 04/21/2023 through 05/04/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve First Due Software Agreement- Prop 64 Grant Funded– by Fire Chief, Jeremy Kosick
CC 3. Approve Transit Asset Management Plan (TAM) – by Public Works Director, Joe Barragan
CC 4. Approve Resolution for Drinking Water State Revolving Fund (DWSRF) – by Public Works Director, Joe Barragan
CC 5. Approve Resolution for Clean CA Grant – by Acting City Manager, Inge Elmes
CITY MANAGER REPORT
CM 1. 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. Aspen Mall Lighting and Landscape District – by Finance Manager, Kenny Cooper Recommendation:
Staff recommends the Council adopt the resolutions as presented PH 2. TDA Unmet Transit Needs – by Public Works Director, Joe Barragan Recommendation:
Staff recommends the Council adopt the resolutions as presented
CONTINUED BUSINESS
CB 1. Special Tax Discussion – by Acting City Manager, Inge Elmes 3 May 09, 2023
Recommendation
Staff is recommending open discussion from the council after presentations from Fire and Police Departments.
NEW BUSINESS
NB 1. Approve Purchase of EV Charging Station – by Acting City Manager, Inge Elmes Recommendation
Staff recommends reviewing both options and determine which unit council would like to purchase.
NB 2. Approve BHT Engineering to perform engineering services to fulfill the State Water Resources Control Board (SWRCB) annual LAMP reporting requirements – by Public Works Director, Joe Barragan
Recommendation
Staff recommends Council to approve the Task Order submitted by BHT Engineering to complete the LAMP report to the SWRCB on behalf of the City of California City.
NB 3. Calibration and Service agreement with HACH for the Wastewater Treatment Plant. – by Public Works Director, Joe Barragan
Recommendation
Staff recommends Council to authorize the City Manager to enter into an agreement with Hach Services for an amount not to exceed $4,513.88.
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 May 09, 2023
City Clerk Chavez
California City Hall, 21000 Hacienda Blvd
California City, CA 93505-2259
City Clerk Chavez,
April 29, 2023
Re: Incomplete Parcel Tax Revenue Data from City Finance Dept Understates Facts Include this letter into the record for the upcoming city council meeting and distribute to city council members, city manager, and finance director; place this topic on the agenda to discuss at the next city council meeting.
The City collected $6M more in parcel tax related revenue than planned under Measure A. So far, the City collected $2.27M more in parcel tax related revenue than planned in the first four years of Measure C. After Measure C ends, the City will continue to collect another $4M in Residual Revenue from the expired Measures A & C. The Finance Dept has been delinquent in crediting New Revenue to Police and Fire Funds.
At the April 11, 2023 Council Meeting Agenda Item CB 3 the Finance Dept presented Measure C and Measure A Financial Data. It was obvious at first glance that the data presented, were incomplete, this was serious enough to mislead the public and Council. The timeframe for Measure A (2012 to 2018) and Measure C (2018 to present) will be addressed separately for clarity. Most of the data presented below were provided to the City Council and City Manager in a Parcel Tax Executive Summary dated January 16, 2021; yes, over 15 months ago. The short memory of City Council risks repeating bad decisions of the past.
FIVE KEY POINTS TO UNDERSTAND
Part 1. Revenue Estimates and Uncollectible Parcel Tax Rate Each Parcel Tax measure voted on by the public is based on a theoretical maximum revenue and an expected revenue. The theoretical maximum revenue assumes every eligible parcel pays the parcel tax. The expected revenue is based on the reality that some parcels will NOT pay the parcel tax resulting in uncollectible rates; which is predictable for each year of the life of the parcel tax. The real uncollectible rate over the past 1 O years has ranged from 12% to 18%. Higher the uncollectible rate; results in a higher the per parcel tax rate.
During Measure A, a grossly high 27% uncollectible rate was used; results will be evident in the table of Part 4 on the next page.
During Measure C, an 18% uncollectible rate was used.
Part 2. Residual Revenue
Parcel taxes keep on taxing for up to 12 years after expiration (or sunset) of the parcel tax.
This continuous flow of parcel tax revenue after ending is called Residual Revenue and is a sizable portion of future revenue that is due to recipient departments, but the Finance Dept, habitually underestimates.
During Measure A, Residual Revenue was comprised of three former parcel tax measures: these were Measure C (old) (2001-2004), Measure L (2004-2007), Measure A (old) (2007-2012).
During current Measure C, Residual Revenue is comprised of Measure A (old) (2007- 2012) and Measure A (2012-2018).
1 Late Communications
5 May 09, 2023
6 May 09, 2023
7 May 09, 2023
8 May 09, 2023
9 May 09, 2023
10 May 09, 2023
11 May 09, 2023
12 May 09, 2023
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
May 9, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
As staff gears up for the end of the season, staff will prepare for the last holiday weekend before the summer. Memorial Day holiday weekend usually brings out an influx of OHV riders, weather pending.
Operations
Ground crew continues to maintain OHV riding areas, install signage, and upkeep amenities.
Manager Updates
Public comment period for the OHMVR Division grant program closed on May 1, 2023. Staff will review if any comments were received and respond accordingly. Final applications are due on June 5, 2023, by 5pm.
Finance Report
For the month of April, OHV sales totaled $11,156. 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 the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are 13 May 09, 2023
allocated to GL revenue code 29-3691.
14 May 09, 2023
APR MONTHLY OHV PROGRAM SALES FY 22/23
SALES 2023 W4 QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10 252 $1,690 $0 $830 $2,520 $2,520 Single Permits $15 128 $879 $765 $105 $135 $1,884 35,319.00 Small Family (Prorated) $40 20 $400 $0 $400 $800 800
Small Family $60 12 $360 $120 $180 $60 $720 39,480.00
Large Family (Prorated) $80 3 $160 $0 $80 $240 160
Large Family $100 1 $0 $0 $100 $100 10,200.00
OHV 4 Pack (Prorated) $35 23 $595 $0 $210 $805 805
OHV 4 Pack $50 14 $500 $100 $50 $50 $700 14,850
RV Pass (Prorated) $15 11 $90 $0 $75 $165 165
RV Pass $30 10 $150 $60 $30 $30 $270 6,780.00
Single Dump Pass $5 37 $115 $5 $65 $185 1,010
Single Water Pass $5 22 $90 $0 $20 $110 925
Additional Permits (Prorated) $5 4 $5 $0 $15 $20 20
Additional Permits $10 7 $30 $20 $20 $70 2,190.00
Free Free 33 $0 $0 $0 $0
Residents Permits Free 16 $0 $0 $0 $0
Paypal Fees - $4 $4 11 $0 $0 $0 $44 $44 $552
Holiday Week Day - Power $25 2 $25 $0 $25 $50 175
Holiday Week Day - Water $15 1 $15 $0 $0 $15 90
Non-Holiday Weekday-Power $15 20 $210 $0 $90 $300 840.00 Non-Holiday Weekday-Water $10 7 $50 $0 $20 $70 260.00
Holiday Weekend - Power $40 3 $80 $0 $40 $120 320
Holiday Weekend - Water $20 2 $40 $0 $0 $40 120
Non-Holiday Weekend-Power $25 12 $100 $0 $200 $300 1,400.00 Non-Holiay Weekend-Water $15 6 $15 $0 $75 $90 495
Shower Tokens $0.50 952 $469 $0 $7 $476 2,546.00
Transient Lodging $150 0 $0 $0 $0 $0
Vendor Fees $1 0 $0 $0 $0 $0 2,490.00
Special Event Fees $5 1 $125 $0 $0 $125
Map Sales $3 10 $24 $0 $6 $30 246
Donations $1 11 $124 $0 $0 $124 154
Hoodies $40 4 $80 $0 $80 $160 4,640.00
Short Sleeve Shirts $20 11 $100 $0 $120 $220 1,100.00
Long Sleeve Shirts $30 0 $0 $0 $0 $0 405.00
Caps $20 9 $60 $0 $120 $180 1,255.00
Bucket Hats $20 0 $0 $0 $0 $0 150.00
Visors $15 0 $0 $0 $0 $0 60.00
Beenies $15 5 $30 $0 $45 $75 1,485.00
Tumblers $25 1 $0 $0 $25 $25 170.00
Magnets $5 5 $20 $0 $5 $25 115.00
Ornaments $8 0 $0 $0 $0 $0 20.00
Stickers $3 11 $21 $0 $12 $33 211.00
Coffee Mugs $15 1 $0 $0 $15 $15 190.00
Shot Glasses $8 5 $8 $0 $32 $40 303.00
Keychain $10 1 $10 $0 $0 $10 210.00
MONTHLY TOTALS $6,670 $1,070 $3,097 $319 $11,156 $135,181.00 15 May 09, 2023
CITY COUNCIL
DATE: May 9, 2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of April
______________________________________________________________________ Events
The Desert Tortoise Days parade and event are on May 6th and May 7th. Staff have begun Memorial Day weekend planning as well as planning for the 4th of July.
Operations
During the month of April, our staff have been focused on planning for the upcoming events as well as implementing new programming, and planning for summer camp. Staff is continuing to work at putting together programming and activities that will be beneficial and of interest to the community around the Balsitis Park area. Staff are have hired lifeguards and have begun training so they are ready for opening day, which will be Memorial Day Weekend. We Got Next (WGN) Sports continues to offer a wide variety for sports for the youth in the community, including tackle football which has begun spring training at central Park. Staff are working with a volunteer that will be coaching volleyball on Wednesday evenings at 5 pm for those that are interested. Line dancing class have begun. They are on Thursday nights, at 6. The cost is $5 per class. Adult aerobics continues with an average attendance of about 5. The adult walking club is continuing with an average attendance of 3 to 4. The Strata Center also continues to be open to basketball practice, game room activities and open gym.
The Parks free art classes are every Wednesday afternoon. The Wednesday Art Class have proven to be wildly successful with an average attendance of about 15 16 May 09, 2023
people. According to our sign in sheets we have had an average daily attendance of approximately 20 people using the Strata.
The maintenance staff have done an amazing job at cleaning up graffiti, making repairs, paining, and cleaning. The Grounds Maintenance staff are currently working on getting the grass healthy at Central Park, as well as fixing the ongoing sprinkler problems at all of the parks.
Programming
ABC Learning – Tues- Fri 9:00-12:00
Adult Aerobics- Tues, Wed, Fri – 10:00-11:00
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-4:00, 6:00-7:00, and Wednesdays -1:00-8:00 WGN Basketball Practice Tues, Thurs, and Fri - 4:00-6:00 Kids Art Class – Wed 2:30-4 (Art Center)
Line Dancing Class – Thurs 6:00-7:00 (Art Center)
Future Programming
Staff will be bringing back monthly outdoor movie nights beginning May 19th.
Memorial Day weekend will kick off our pool season, and staff will have Adult Water Aerobics, Adult Open Swim, Special Needs Open Swim, and open swim into the late afternoon/evening. Staff are also working toward offering swimming lessons. Staff are looking forward to hosting concerts in the park on Friday evenings throughout the summer. In addition staff are looking forward to bringing basketballs and board games to Balsitis, and beginning to offer programming and interaction with the community in the area.
17 May 09, 2023
April 2023 Planning Staff Report
DEPARTMENT REPORT
CITY COUNCIL MEETING
May 9, 2023
FROM: INTERWEST/PLANNING
SUBJECT: MONTHLY PLANNING DEPARTMENTAL COUNCIL REPORT
Staff
1-Planning Clerk (LaShelle Cooper)
1-Planning Admin (Lilia “Liz” Garcia)
1-City Planner (Open Position)
1-Consulting Company (Interwest)
Projects/Applications
This report includes the following items:
An update on major planning efforts
A report on the status of projects for the month of April 2023 A tentative schedule for Director Hearings in the months of May and June Review of Pending General Plan Amendments/Rezones
The Planning Commission and the City Council considered a set of six pending projects that will require General Plan Amendments (GPAs) and/or zoning code amendments (Rezones). Five of the amendments involve converting O-RA designated land to M-1 for purposes of cannabis cultivation. These five projects require analysis of potential environmental impacts. Staff is preparing guidance for completing environmental analysis when there is not a specific project proposal. Once these projects have completed CEQA analysis they will move forward to Planning Commission and City Council consideration.
Residential Uses on California City Boulevard
In response to Commission and Council support for allowing residential uses on California City Boulevard, staff has analyzed potential approaches and will present three options for Planning Commission consideration at the Commission’s May 16, 2023 meeting. The Commission’s recommendations will be forwarded to the City Council for consideration and decision on either June 12 or June 26, 2023.
Padron Metal Finishing Project
Staff met with the CEQA consultant for the Padron rezoning on April 3rd. The applicant hasn’t submitted the CEQA document as of this date. The applicant will be meeting with the Chief Building Official to discuss how to bring the project into compliance with the building code and FEMA requirements.
Avantus Solar Projects
Avantus, the firm that proposed and entitled the Kudu and Bellefield solar projects, has moved forward with plans to construct the Kudu solar project. The City is in the process of reviewing the project for compliance with project conditions of approval and mitigation measures from the project EIR. While the Kudu Conditional Use Permit has been approved, the project design details were not previously available to complete the project’s Site Plan Review (SPR) – staff is now preparing the Kudu SPR for administrative review. 18 May 09, 2023
April 2023 Planning Staff Report
Attil Farms
Staff is working with the owner to bring the project into compliance with the existing development agreement.
Progress on SPR Backlog
Staff continues to reduce the backlog of pending projects. Since 2021, 40 completed SPR’s have been reviewed and approved, reducing the project backlog by over 60%. Of the active projects, approximately 9 applicants are waiting for CEQA revisions, 3 projects are pending re-submittal of site plans, 2 are incomplete submissions, and 5 projects are under staff review on the way to a director’s hearing. We are waiting for updated/revised plans or missing information from the applicants on many pending projects. The other remaining projects, applied to prior to 2021 present unique challenges that staff are working with applicants to resolve. Upcoming hearings are scheduled for May 4th, and May 18th, and June 1st.
Thank You
19 May 09, 2023
SPR Number APN Project Name Status
22-01 206-010-16 760 LINE Approved
22-02 206-041-42 California Jungle Approved
22-03 216-130-01 Vass Green CEQA Review
22-04 206-042-07 Exotica Nursery Gardens CEQA Review
22-05 216-150-19 7 Leaves LLC CEQA Review
22-06 299-173-18 Highly Fashionable Minor- Approved
22-07 216-170-05 El Patron Resturant Approved
22-08 457-020-05,11,12, 26 Traditional Ranch Withdrawn
22-09 203-090-07 ReMax Clearview Minor- Approved
22-10 206-032-25 GG Wholesale Approved
22-11 299-264-02 Allay Essence Approved
22-12 302-273-03 Arpine Cherkezyan Withdrawn
22-13 302-271-07 Gevorg Juharyan Withdrawn
22-14 225-092-12 Oasis Approved
22-15 299-173-16 Elsy's Donut Bakery Minor- Approved
22-16 230-081-30 Green Pay Recycle Minor- Approved
22-17 213-110-31 Operation Safe Minor- Approved
22-18 206-041-04 Accurate Green Approved
22-19 299-173-18 JMC Laundromat Minor- Approved
22-20 216-150-41 Vardan Nalbandyan CEQA Review
22-21 205-021-06 Willis Boxing Minor- Approved
22-22 206-042-02 Hemp Plantation LLC Withdrawn
22-23 227-010-03 RV Dump City Project Approved
22-24 206-031-27, 28 Nestle PM Approved
22-25 206-042-14, 15 HR Cali Inc Incomplete
22-26 299-173-17 Lee's Second Hand Minor- Approved
22-27 213-110-32 DNR Auto Registration Minor- Approved
22-28 210-230-14 GCC Transition LLC- 4plex Minor- Approved 22-29 213-244-22 Majestic Beautiy Supply Minor- Approved 22-30 235-234-05 Hyundai- Flying Car Approved
22-31 206-042-43 GOK Unlimited Approved
22-32 211-010-22 CCB Uhaul at Ace Minor- Approved
22-33 213-110-31 Royal Womb Ministries Minor- Approved
22-34 210-263-16 Cal City Auto Registration Minor- Approved 22-35 206-042-16, 28, 29 Biedenharn Equities, LLC Incomplete 22-36 218-010-04 RV Park Approved
22-37 216-170-05 El Patron no record of action
22-38 213-110-26 Dollar General Waiting for Resubmittal 22-39 302-077-02 Global Cannabis Corporation Waiting for Resubmittal 22-40 299-173-04, 03, 02 Rom & Ben's RV Service Minor- Approved 22-41 213-231-11 Cal City Car Wash Withdrawn
22-42 203-090-08 King Trillion Minor- Approved
22-43 206-032-36 ASM & MS Pure Line Cultivation Approved 22-44 79 parcels KUDU Under Staff Review
22-45 00-00 Bellefield Under Staff Review
22-46 235-243-05 Hyunndai Tech Center PH 1b Approved
22-47 302-271-09, thru -13 Calrox CEQA Review
22-48 213-110-32 DNR Auto Registration Minor- Approved
22-49 206-032-02 XO Quality CEQA Review
22-50 216-18-023 SFV Remodel Withdrawn
22-51 208381-02 General Dollar Expansion Withdrawn
22-52 206-032-32 MGGM Shulo Withdrawn
22-53 206-032-37 Veegn Galustyan Withdrawn
22-54 213-110-31 Taste of Fire Minor- Approved
22-55 205-330-33 Saucy Sliders Minor- Approved
22-56 299-072-01 Allison Morgan Family + Commiunity Approved 22-57 213-231-11 Cal City Car Wash Minor- Approved
2022-2023 Project Log
2022
20 May 09, 2023
23-01 206-042-27 Stock up Self Storage Approved
23-02 225-201-03 Mojave Jade Under Staff Review
23-03 225-091-19 Attil Farms Under Staff Review
23-04 205-021-03 Hair and Nails to Dye for Minor- Approved 23-05 203-090-12 The Winsom Church Withdrawn
23-06 216-180-10 KPACK Minor- Approved
23-07 20999 82nd Street La Tapatia Minor- Approved
23-08 216-130-03 Arabajyan Incomplete
23-09 216-130-04 Arabajyan Incomplete
23-10 302-077-05 SVABLE Incomplete
Incomplete 5
Withdrawn 9
CEQA Review 8
Waiting for Resubmittal 3
Under Staff Review 4
Minor- Approved 23
Approved 16
Open SPR Projects: 20
APN Project Name Status
22-01 235-243-05 Hyundai Approved
22-02 227-010-03 RV Dump Station Approved
22-03 218-010-04 RV Park Incomplete
2023 23-01 203-090-12 The Windsom Church Under Staff Review Lot Merger APN Project Name Status
21-02 216-010-14, 30 Arvin Bagdsaryan Under Staff Review 21-06 206-032-20, 21 Jason VanCuren Under Staff Review
21-07 302-271-01, 39 Patrick Henderson Under Staff Review 22-01 299-263-01 All in One Solution Tech Inc Under Staff Review 22-02 203-420-02 + 20 Urgent Care Under Staff Review
22-03 225-221-02 + 03 Karo Dzheragyan Approved
22-04 204-084-13 + 08 AL7 Engineering Approved
22-05 206-031-27 + 28 Chris Aslanyan Under Staff Review APN Project Name Status
2022 22-01 302-273-31; 32; 33 George Mamayan Approved
APN Project Name Status
ZC 22-01 302-020-22 Mr. Leaf Under Staff Review
ZC 22-02 302-391-19 Olivia Davidson Under Staff Review
ZC 22-03 340-03-830 Mike Levi Withdrawn
ZC 22-04 210-884-14 Pardon Metal Finishing Under Staff Review ZC 22-05 350-031-19 Innovative Realestate Under Staff Review ZC 22-06 225-201-09 Cal City Industrial Park Under Staff Review APN Project Name Status
2023 23-02 225-061-13-00 Shell Sign Under Staff Review
2021
2022
2022
SPR 2022-23 Totals
2023
Variance
Zone Change
2022
Conditional Use Permit
Lot Line Adjustment
21 May 09, 2023
PROJECT TYPE APRIL TOTALS
CUP: 1
LOT LINE ADJUSTMENTS:
LOT MERGERS:
SPR MAJOR:
SPR MINOR:
TENATIVE PARCEL MAPS:
VARIANCE:
ZONE CHANGE & GPA:
ZONE TEXT AMENDMENTS:
PROJECT TYPE APRIL TOTALS
CUP:
LOT LINE ADJUSTMENTS:
LOT MERGERS:
SPR MAJOR:
SPR MINOR :
TENATIVE PARCEL MAPS:
VARIANCE:
ZONE CHANGE & GPA:
ZONE TEXT AMENDMENTS:
PROJECT TYPE APRIL TOTALS
CUP: $ 842.00
LOT LINE ADJUSTMENTS:
LOT MERGERS:
SPR:
TENATIVE PARCEL MAPS:
TENATIVE TRACT MAPS:
VARIANCE:
ZONE CHANGE & GPA:
Other:
Monthly Total $ 842.00
PLANNING RECAP
Covers Period April 1- April 30, 2023
REVENUE (Non Reimbursable)
NEW PROJECTS
APPROVED / COMPLETED PROJECTS
22 May 09, 2023
Presentation 2.
23 May 09, 2023
WHEREAS, Community Action Partnership of Kern was established in 1965 and has made essential contributions to individuals and families across Kern County by creating economic opportunities and strengthening communities; and WHEREAS, Community Action Partnership of Kern addresses underlying causes of poverty, alleviates the effects, and promotes dignity and self-sufficiency in the communities we serve; and
WHEREAS, Community Action Partnership of Kern delivered over 19.1 million pounds of food across Kern County 2022 through CAPK Food Bank; and WHEREAS, Community Action of Kern operates the Head Start location in California City tending to the children within the community and providing a Head Start to their education; and
Community Action of Kern operates the East Kern Family Resource Center that serves as a hub for residents to obtain case management, food assistance, and access to an wide array of services; and
NOW, THEREFORE, The California City Council, hereby proclaims May 2023 as Community Action Month in recognition of the hard work and dedication throughout the community.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of California City, CA, on this day of 23rd of May, 2023.
SIGNATURE OF: [OFFICIAL SIGNATURE]
BY THE: [TITLE] OF: [CITY AND/OR STATE]
ATTEST: [NAME] [POSITION]
April 2023
California City
Council
Proclamation
24 May 09, 2023
CC 1.
25 May 09, 2023
26 May 09, 2023
27 May 09, 2023
28 May 09, 2023
29 May 09, 2023
30 May 09, 2023
31 May 09, 2023
32 May 09, 2023
CITY COUNCIL
DATE: May 9, 2023
TO: Mayor and City Council
FROM: Jeremy Kosick, Fire Chief
SUBJECT: First Due Software Agreement- Prop 64 Grant Funded _____________________________________________________________________________________ BACKGROUND:
The Proposition 64 Grant award included a software subscription to “FirstDue Size-up” which is funded at 100% for five years including startup costs. Initial startup is 11,000.00 for the first year with an annual reoccurring fee of 10,000.00. This software will be used to collect business inspection data, and aid in the tracking of inspection activities, enforcement, on-site hazardous materials tracking, site plans, and instant critical incident data needed during an emergency response.
The annual subscription will be renewed annually and may be canceled at any time with 60 days’ notice.
This software is also already used by our mutual-aid and automatic-aid partnering agencies and the software is already pre-integrated into our fire department dispatching system. This data can also be shared with responding agencies in real-time in the event of an emergency response as to the hazards, floor plan, and any special or unique issues located in the area to aid incident commanders in making well-informed decisions on the fire ground. During day-to-day operations, this platform will aid inspectors to perform efficient and thorough inspections while reducing documentation time and the probability of errors in data collection.
Prop 64 funds are available to draw from on May 1st 2023 and require items to be purchased and then submitted for reimbursement.
RECOMMENDATION:
Staff recommends approval to authorize the Fire Chief or the City Manager to sign the agreement.
FISCAL IMPACT:
The initial purchase would be from line 19-4222-630 “Contracts” and will be a cost-neutral item once reimbursement is received.
ENVIRONMENTAL IMPACT:
None
Attachements:
Agreement for Services
CC 2.
33 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 1 of 10
AGREEMENT FOR SERVICES
This Agreement for Services (this “Agreement”) dated as of June 1, 2023 (the "Effective Date") is made by and between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 ("Locality Media") and the California City Fire Department located at 20890 Hacienda Blvd., California City, CA 93505 (the “Customer”).
1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size-Up™ Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions.
2. Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer’s sole responsibility to keep all Credentials and other means of access within the Customer’s direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty-free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of Locality Media's business, including but not limited to the Service.
3. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history) ), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the Customer's or any third party's use of any information obtained through the Service. 34 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 2 of 10
4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third-party application services and other equipment and software ("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or wifi network, Internet connection, Internet service provider, or any other thirdparty communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems").
5. This Agreement will be effective for an initial term of 12 months (the "Initial Term") commencing on the Effective Date.
After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice. Locality Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (iii) makes an assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the nonbreaching party provides written notice thereof.
6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’s possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement.
7. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer’s acceptance of the terms of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service (other than taxes on Locality Media’s income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party in connection with the Customer's purchase or use of the Service under this Agreement.
8. Locality Media owns and shall retain all right, title, and interest in and to the Service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer’s use of the Data that the Customer has provided.
9. "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary," including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be disclosed by court order or applicable law, provided that the party required to disclose the information provides prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law). 35 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 3 of 10
10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions.
11. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents or consultants.
12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA
MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR
DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS.
13. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.
14. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users. Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third-party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer.
15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any third-party claim, suit, action, investigation or proceeding (each, an "Action") brought against the Customer based on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer’s breach of any third party agreement, or any combination or integration of the Service with any Customer- or third-party property, method or system.
16. The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (i) any breach by the Customer of Section 8; or (ii) any Action by a Customer User or third party arising 36 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 4 of 10
from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of Locality Media.
17. Such indemnification under Sections 15 and 16 will be provided only on the conditions that: (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’s prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party.
18. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE,
WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING
TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS
NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR
CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $5,000.
19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement.
20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy.
23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. Neither party intends to grant any third-party beneficiary rights as a result of this Agreement.
24. Any delay in or failure of performance by either party under this Agreement will not be considered a breach and will be excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power outages, and governmental restrictions.
25. This Agreement supersedes all prior agreements, understandings, representations, warranties, requests for proposal and negotiations, if any. Each provision of this Agreement is severable from each other provision for the purpose of determining the enforceability of any specific provision. 37 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 5 of 10
26. Agreement Billing Information
a. Accounts Payable Contact
Name:
Email:
Phone:
b. Tax Exempt _____ (Yes/No)
If Yes, please email a copy of the Exempt Certificate to [email protected]. c. Purchase Order Required _____ (Yes/No)
If Yes, return a copy of the Purchase Order with the signed agreement or email a copy to [email protected].
LOCALITY MEDIA, INC. California City Fire Department
By: By:
Name: Andreas Huber Name:
Title: CEO Title:
Date: Date:
38 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 6 of 10
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Exhibit A - Quote
Prepared By: Nicholas Dunigan
Valid Until: July 1, 2023
Quote Number: 1545132000099768043
BILL TO:
Jeremy Kosick
California City Fire Department
20890 Hacienda Blvd.
California City, CA 93505
Account: California City Fire Department
Subscription Start: June 1, 2023
Initial Term: 12 months
Annual Subscription: $ 10,000.00
Product Details Total
Occupancy Management & Pre-Incident Planning
Manage Occupancies, Pre-Incident Mapping, GIS data, Fire Systems, Hazardous Material, and Contacts.
Responder
Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing.
Inspections
Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre-Incident Planning.
Invoicing
Invoice Management, Bulk Mailing, Billing Report and Customizable Fee Schedules.
Community Connect
Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident.
CAD Integration
Automated importing of CAD calls via XML, Database Connector or API.
Online Standard Training Package
Includes a one-hour planning session and up to 6 hours of webinar train-the-trainer sessions
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in the Statement of Work.
One-Time Fees Subtotal $ 1,000.00
Subscription Fees Subtotal $ 10,000.00
Grand Total $ 11,000.00
Statement of Work
Please see attached Statement of Work detailing the Implementation, Training and Support for this Exhibit A – Quote.
39 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 7 of 10
Terms and Conditions
The above-listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent annual periods, the Service fees are due and payable annually in advance.
Payment Terms: Net 30 days
For electronic ACH payment: JPMorgan Chase Bank | ABA Routing: 021000021 | Account #: 803527972 40 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 8 of 10
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Statement of Work
For Quote Number: 1545132000099768043
Statement of Work | California City Fire Department
Introduction
The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training and Support.
1. Implementation:
First Due works very closely with you to ensure the application is ready for go-live. During the Implementation you will be assigned a Client Success Manager and Implementation Manager who will lead you through the process. Below is a description of each component of our implementation. a) Discovery & Planning: During a project kick-off meeting we will flesh out the key components of the configuration, customer stakeholders and project timelines. After this stage we will have a clear plan to when and how your agency will be live with First Due.
b) Configuration: First Due is an out-of-the box system but can be configured for your Agency’s needs.
Our team will work with you to configure all the parts of the application necessary for go-live and beyond. These configuration sessions will generally occur weekly, and act as administrator training. c) Optimization: Once the account is configured, we will arrange a small end-user testing group to begin to use the application out-in-the-field. This is an iterative process in which we listen to feedback and make adjustments to the product on the fly.
d) Training: Once we have sign-off the product is ready for go-live we will build the necessary training plan together, which may include train-the-trainer sessions, end user training, custom training videos/content or even onsite sessions. The training section below provides more detail on included training.
e) Roll Out: After training is complete, we are ready to roll-out the platform. We will work closely with you to ensure First Due is rolled out effectively across your agency. f) Support: Once we achieve sign-off that the system is live and stable, we will transition to support (as described in the support section below). However, you will continue to have a dedicated Client Success Manager moving forward.
2. Training:
Training is an integral part of any successful implementation. First Due is focused on providing your agency adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the customer will receive the purchased training as outlined in Exhibit A - Quote throughout the implementation process as outlined:
1. Webinar Administrator training during configuration sessions
2. Webinar formal Train-the-Trainer and/or End User Session(s) during the training phase
3. Access to online training videos, documents, content, and interactive knowledgebase
3. Integrations:
Any scoped integrations included in this document will be described below. Any additional integration scoped at a later date will be provided in a separate SoW at that time. 41 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 9 of 10
4. Data Migration:
First Due understands the importance of data migration to our customers and has extensive experience working to migrate historical records into the platform. First Due will use best efforts to migrate applicable data from Customer’s existing systems utilizing data migration best practices. This includes:
1. Data Migration Planning Session
2. Assistance/Guidance in extracting data from existing system/s
3. Mapping extracted data to First Due import workbooks
4. Importing of Data into First Due
5. Support:
First Due provides Support as part of the base subscription. This includes:
1. Email, Phone, Ticketing System Support Channels and Live Chat
2. Dedicated Client Success Manager
3. Access to knowledge base including online training videos and FAQs 42 May 09, 2023
Locality Media, Inc. Agreement Feb 2023 Page 10 of 10
43 May 09, 2023
1 ITEM NO. CC 3.
COUNCIL AGENDA ITEM
May 9, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Transit Asset Management Plan (TAM)
BACKGROUND/ DISCUSSION:
The City of California City receives annual funding for its transportation program, DialA Ride (DAR), via several avenues.
Section 5311 - Provides capital, planning, and operating assistance to states to support public transportation in rural areas with populations less than 50,000, where many residents often rely on public transit to reach their destinations.
Transport Development Act (TDA) -The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans. The TDA provides two funding sources:
1. Local TransportationFund (LTF), which is derived from a ¼ cent of the general sales tax collected statewide.
2. State Transit Assistance fund {STA), which is derived from the statewide sales tax on gasoline and diesel fuel.
Fare Revenues - Fares collected from riders.
The city staff prepares and applies for funding via the 5311 and TDA to assist in funding our local DAR Program on an annual basis.
The DAR Program provides vital transportation needs for our community, without external funding the City could not operate this program effectively or efficiently.
The Transit Asset Management Plan (TAM Plan) is a fairly new requirement for the City and is needed to continue to receive the aforementioned Section 5311 funding.
The TAM Plan must be reviewed, approved, and accepted by the City Council for submittal to the Kem Council of Governments (Kem COG) to remain eligible for this funding.
44 May 09, 2023
2 FISCAL IMPACT:
Varies based on fiscal year and available funding. The current TDA/LTF fund balance for California City is being verified and will be provided as soon as it is available.
RECOMMENDATION:
Receive, review, and approve the 2022 TAM Plan for submittal to Kern COG.
ENVIRONMENTAL ACTION:
None
ATTACHMENTS:
1. City of California City TAM Plan Report 2022
45 May 09, 2023
TAM Plan
TAM Plan Name: California City 2022
TAM Plan Type: Tier II
Agency Name: City of California City
Account Executive Name: Kari Lee
Last Modified Date: 04/25/2023
Introduction
Brief Overview
The City of California City was incorporated in 1965 and has an estimated population of 14,000 who value its affordability, new schools, outdoor recreational opportunities, as well as enjoying the over 100,000 off-roading community that visits each major holiday. Transit demand has superseded supply since the City's incorporation in 1965. Dial-A-Ride is a city operated transit program that benefits the entire community with our senior citizens being the most robust users.
Performance Targets & Measures
46 May 09, 2023
Agency Name Asset Category Asset Class 2023 Target 2024 Target 2025 Target 2026 Target 2027 Target 2028 Target City of
California City
Facilities Administrative / Maintenance Facilities 0% 40% 30% City of
California City
Revenue Vehicles MB - Mini-bus 33% 40% 30%
Capital Asset Inventory
Asset Inventory Summary
Asset Category/Class Total Number Avg Age Avg Mileage Avg Replacement Cost/Value Total Replacement Cost/Value Revenue Vehicles 3 5.7 26,000 $65,000.00 $195,000.00
MB - Mini-bus 3 5.7 26,000 $65,000.00 $195,000.00
Facilities 2 58.0 N/A $0.00 $0.00
Administration 1 58.0 N/A $0.00 $0.00
Maintenance 1 58.0 N/A $0.00 $0.00
47 May 09, 2023
Condition Assessment
Asset Condition Summary
Asset Category/Class Total Number Avg Age Avg Mileage Avg Replacement Cost/Value Total Replacement Cost/Value % At or Exceeds ULB % of Track Miles in Slow Zone
Number of Facilities less
than 3 on TERM scale
Revenue Vehicles 3 5.7 26,000 $65,000.00 $195,000.00 0% N/A N/A MB - Mini-bus 3 5.7 26,000 $65,000.00 $195,000.00 0% N/A N/A Facilities 2 58.0 N/A $0.00 $0.00 N/A N/A 0
Administration 1 58.0 N/A $0.00 $0.00 N/A N/A 0
Maintenance 1 58.0 N/A $0.00 $0.00 N/A N/A 0
Decision Support
Decision Support Tools
The following tools are used in making investment decisions:
Process/Tool Brief Description
Dial-A-Ride (DAR) buses are monitored on a daily basis. They are serviced in a timely and documented in our program. iWorq program. iWorq is utilized for keeping track of all the vehicles maintenance, service dates, etc. 48 May 09, 2023
Investment Prioritization
TDA Grant Monies, 5311 Monies, Fare Box Revenue.
Proposed Investments
Project Name Project Year Asset Category Asset Class Cost Priority Updated Date New Modular/Mobile Office 2025 Facilities Administration $150,000.00 High 49 May 09, 2023
Signature
I, Kari Lee , hereby certify on 05/02/2023 that the information provided in this TAM Plan is accurate, correct and complete. 50 May 09, 2023
1 ITEM NO. CC 4.
COUNCIL AGENDA ITEM
May 9, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Drinking Water State Revolving Fund (DWSRF)
BACKGROUND/ DISCUSSION:
The City of California City is in the process of applying for a community project grant through the DWSRF. This much-needed grant will be used to replace about 14 miles of water main line, valves, and fire hydrants for our water system in the Rancho Tract area if approved.
To be eligible to apply for the community grant, we must be placed on the DWSRF’s “eligible grant applicants list”. The attached “Authorization Resolution” is one of the last key components needed for the application package that is required to add us on the DWSRF “eligible list”.
Therefore, we are requesting the attached “Authorization Resolution” be approved.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive, review, and approve the Authorization Resolution.
ENVIRONMENTAL ACTION:
None
ATTACHMENTS:
1. Resolution No.04-23-2977
51 May 09, 2023
RESOLUTION NO. 04-23-2977
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DESIGNATING THE
AUTHORIZED REPRESENTATIVE FOR THE DEPARTMENT OF WATER, STATE REVOLVING FUND (DWSRF)
AKA FINANCIAL ASSISTANCE APPLICATION SUBMITTAL TOOL (FAAST) The Public Works Director ("Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the City of California City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning/design of the California City Water Main Replacement Project-Rancho Tract Project.
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the held
(insert name of Governing Board of the Entity)
on
(Date)
(Name, Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Agency) 52 May 09, 2023
ITEM NO. CC. 5
COUNCIL AGENDA ITEM
May 9, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: Approval of Resolution for Clean CA Grant
BACKGROUND/DISCUSSION:
The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program through which funds will go to local communities to beautify sites and improve local streets.
The goals of the Clean CA Local Grant Program are to:
• Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
• Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
• Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation.
• Advance equity for underserved communities.
The proposed project would include the beautification and re-construction of the City Hall’s parking areas, beautification of landscaping around city hall, shade structures with solar panels, provide ADA accessible path of travel to street, site lighting, monument sign, art and historic elements, irrigation system for drought tolerant landscaping, trash receptacles, sitting areas with pergolas, and beautification/ of city hall building.
These areas would enhance public use and bring historic elements that are true to California City.
FISCAL IMPACT:
Projected funding would be included in the FY 23/24 budget.
RECOMMENDATION:
Staff recommends for the council to approve the application and to receive funding from the Clean California Program Cycle 2.
ATTACHMENT:
RESOLUTION NO 04-23-2978
53 May 09, 2023
CITY OF CALIFORNIA CITY RESOLUTION
No. 04-23-2978
Resolution of the City Council of the City of California City Authorizing the City Manager to execute agreements with the California Department of Transportation for the Local Grant from Clean California.
WHEREAS, the City Council or the City of California City is eligible to receive State funding for certain transportation related work through the California Department of Transportation;
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program;
WHEREAS, the City of California City wishes to delegate authorization to execute these agreements and any amendments thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California City, authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.
APPROVED AND PASSED this 9th day of May, 2023.
Ayes:
Notes:
Absents:
Signature: _______________________________________ Date: ________________ Typed Name and Title: ___________________________________________________ ATTEST: Signature: _______________________________ Date: _________________ Typed Name and Title: ___________________________________________________ 54 May 09, 2023
DATE: May 09, 2023
TO: Mayor and Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Aspen Mall Lighting and Landscape District Public Hearing
BACKGROUND
Attached are the two resolutions that allow the City of California City to levy and collect assessments for the Aspen Mall Landscaping and Lighting District for fiscal year 23/24. This is an annual requirement that pays for the parking lot lighting and landscape maintenance at the mall. The fund is budgeted to receive $32,000 annually and pays for the common area line, water, and landscaping wall.
RECOMMENDATION
Staff recommends the Council adopt the resolutions as presented.
FINANCIAL IMPACT:
71-3445 AMMADA Assessments $32,300
“I have reviewed and approved the above as being in conformity with the City’s budget.” ENVIRONMENTAL IMPACT:
None
Attachments:
FY23-24 Engineer’s Annual Levy Report
Resolution No. 04-23-2974
Resolution No. 04-23-2975
Resolution No. 04-23-2976
Resolution No. 04-23- 2979
Resolution No. 04-23- 2980
PH 1.
55 May 09, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
City of California City
Aspen Mall Landscaping and
Lighting District
2023/2024 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: April 25, 2023
Public Hearing: May 09, 2023
56 May 09, 2023
ENGINEER'S REPORT AFFIDAVIT
for
Aspen Mall Landscaping and Lighting District
City of California City
Kern County, State of California
This Report and the enclosed diagrams showing the exterior boundaries of the District; and any relevant zones therein identify the District Boundaries as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Kern County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2023.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of California City
By: ________________________
Chonney Gano, Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
P. E. # C 81888
57 May 09, 2023
TABLE OF CONTENTS
____________________________________________________________________ I. OVERVIEW.......................................................................................................................1 A. INTRODUCTION ..........................................................................................................1 B. COMPLIANCE WITH CALIFORNIA CONSTITUTION ............................................1 C. DESCRIPTION OF THE DISTRICT AND SERVICES..............................................2 D. AUTHORIZED IMPROVEMENTS AND SERVICES (PURSUANT TO THE 1972 ACT) ......................................................................................................................................3 II. METHOD OF APPORTIONMENT..................................................................................4 III. DISTRICT BUDGET .........................................................................................................9 APPENDIX A — DISTRICT ASSESSMENT DIAGRAM ...................................................10 APPENDIX B — 2023/2024 COLLECTION ROLL ............................................................13 _____________________________________________________________________ 58 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 1 I. OVERVIEW
A. INTRODUCTION
The City of California City (“City”) annually levies and collects special assessments in order to maintain the improvements within the Aspen Mall Landscaping and Lighting District (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (“1972 Act”). The District was formed in 1995, and provides funding for services required to maintain landscaping and lighting improvements and associated appurtenances located within the District boundaries.
This Engineer’s Annual Levy Report (“Report”) describes the District, any changes to the District and the proposed assessments for Fiscal Year 2023/2024. The proposed assessments are based on the estimated cost to maintain the improvements that provide a special benefit to properties within the District. The District budget identifies the estimated expenditures, deficits, surpluses, revenues, and fund balances used to calculate the annual assessment for properties within the District. Each parcel within the District is assessed proportionately for those improvements provided by the District from which the parcel receives special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Kern County Assessor’s Office. The Kern County Auditor/Controller uses APNs and specific Fund Numbers, to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a Public Hearing, the City Council (“Council”) shall review the Report and may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act and as outlined in the approved Report. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2023/2024.
B. COMPLIANCE WITH CALIFORNIA CONSTITUTION
On November 5, 1996, California voters approved Proposition 218, which established specific, substantive and procedural requirements for assessments.
These provisions are now defined in the California State Constitution under Article XIIID, Section 4 (“Article XIIID”).
In Fiscal Year 1997/1998, the City initiated and conducted property owner protest ballot proceedings for the District in compliance with the substantive and procedural requirements of Article XIIID. At the conclusion of the Public Hearing 59 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 2 on July 1, 1997, property owner ballots returned were tabulated. The tabulation of the ballots indicated that the property owners approved the special benefit assessment for maintaining the improvements within the District. Although the actual assessment amount approved by each property owner varied with their proportionate benefits, the assessment amount approved by the property owners within the District is based on a maximum assessment rate of $4,652.28 per Benefit Unit Factor (see Section II, Method of Apportionment, for details).
C. DESCRIPTION OF THE DISTRICT AND SERVICES
In an effort to enhance and improve the properties, business opportunities and the appearance of the area known as the Aspen Mall, the City’s Redevelopment Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, the District was formed to provide for and ensure the continued maintenance of the improvements after the initial installation and renovation was completed.
The District provides for the maintenance, servicing, operation and administration of landscape and lighting improvements and associated appurtenances located within the public right-of-way and dedicated easements within the District boundaries. Improvements may include but are not limited to: turf, ground cover, shrubs, trees, drainage systems, irrigation systems, lighting, hardscape and associated appurtenances within the public right-of-ways and specific easements.
These improvements include necessary service, operation, administration and maintenance required to keep the above-mentioned improvements in satisfactory condition.
Services provided include operations, administration and maintenance, including necessary labor, material and equipment. These services may include but are not limited to: repair, removal or replacement of all or any part of the improvements; removal of trimmings, rubbish, debris and other solid waste; cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti; and providing for the growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or damage.
The District consists of the parcels located within the area known as the Aspen Mall, located south of California City Boulevard, north of Bay Avenue, west of 82nd Street and east of Neuralia Road.
The parcels within the District are assessed proportionately for the costs associated with the improvements and services provided through the District that provides a special benefit to each parcel assessed, utilizing the method of apportionment described in Section II of this Report.
60 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 3 D. AUTHORIZED IMPROVEMENTS AND SERVICES (PURSUANT TO THE 1972 ACT)
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. 61 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 4 • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
II. METHOD OF APPORTIONMENT
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed among the assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula used for any District should reflect the composition of the parcels and improvements and the services provided, to fairly proportion the costs based on special benefit to each parcel.
The costs associated with the improvements are equitably spread among benefiting parcels within the District, utilizing the method of apportionment described in this Section. The funds collected shall be dispersed and used for only the improvements and services provided within the District.
Each parcel within the District, and the businesses associated with those properties, receive special and distinct benefits from the improvements and activities to be funded through the District assessments. Among the special benefits received by each assessed parcel are increased business opportunities, increased security, aesthetic enhancements of the area and properties and enhanced perception by patrons.
The special benefits of lighting within the District are the convenience, safety and security of property, improvements and goods. Specifically:
• Enhanced deterrence of crime and the aid to police protection. • Increased nighttime safety for patrons and employees. • Improved visibility for pedestrians and motorists.
• Improved ingress and egress to property.
• Reduced vandalism and other criminal acts and damage to improvements or property.
• Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area.
• Increased promotion of business activities and opportunities during nighttime hours.
62 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 5 The special benefits associated with landscaped areas within the District are specifically:
• Improved aesthetic appeal of the parking area and nearby parcels. • Improved dust control.
• Enhanced adaptation of the urban environment within the natural environment.
• Improved traffic circulation and parking facilities.
• A positive representation of the businesses within the District.
The preceding special benefits contribute to a special enhancement and desirability of each of the assessed parcels within the District.
It has been determined that the on-going operation and maintenance of the District improvements provide no measurable general benefit to other properties outside the District or directly to the public at large. Therefore, the District improvements and the corresponding assessments have been identified as 100% special benefit to parcels within the District in compliance with the substantive requirements of Article XIIID.
The parcels assessed within the District, share in both the cost and the benefits of the improvements. A Benefit Unit Factor (“BUF”) is assigned to each parcel based upon three (3) criteria: current land use, location and associated parcel acreage.
Land Use
Each parcel is given a weighting factor known as a Development Unit Factor (“DUF”), based on the current land use of the parcel. Within the District, four (4) different land use classifications have been identified. Table I lists the four (4) land use classifications along with the DUF applied to each classification:
Table I
Parcel Land Use Classifications
Land Use Classification
Total
Parcels
Development
Unit Factor
Commercial Developed 22 1.0000
Commercial Vacant 4 0.5000
Exempt 4 0.0000
Commercial Condominium 19 0.0526
The Development Unit Factor for the nineteen commercial condominium units is based on 1.0 DUF/19 Units = 0.0526
63 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 6 Each parcel is assigned a DUF based on the parcel’s current development (land use). Similar parcels are given a similar weighting factor.
Upon review of all the properties within the District boundary, it has been determined that four (4) parcels should not be assessed and are identified as “Exempt”. These four parcels (203-090-22, 203-090-30, 203-090-38 and 203-420- 01) are non-commercial properties, common areas or possessory interests associated with other parcels within the District. It has been determined that these parcels have little or no utilization of the parking lot and the associated District improvements and do not receive the special benefits that other properties within the District receive from the improvements.
One of the parcels identified as “Exempt” (203-420-01) is a (0.29-acre) common area associated with the nineteen (19) parcels identified as commercial condominiums. These nineteen commercial condominiums actually make up a single commercial building on the common area lot. However, when a parcel map was filed with the County, nineteen separate and distinct APNs were assigned; one for each of the original nineteen suites or units. Since the time the original APNs were assigned by the County, some of the suites (units) have been combined, but the proportional benefit to each parcel is unchanged and property owners whose office or suite encompasses more than one APN receive multiple tax bills. Therefore, the apportionment of special benefit and assessment is based on the original APNs, not the number of actual suites constructed.
Location
In addition to the Development Unit Factor assigned to each parcel for calculating a parcel’s benefit, the location of the parcel within the District has been taken into consideration. After evaluation of the District improvements by City staff, and consideration of property owner’s concerns, a Location Differential Factor (“LDF”) has been applied to parcels based on their location and proximity to the overall improvements. Those parcels that front California City Boulevard and/or the main parking lot and landscaped areas are given a Location Differential Factor of one (1.0). The other parcels are given a twenty-five percent (25%) discount or a 0.75 LDF based on their reduced direct visual benefit from the improvements.
Acreage
The final criteria used to calculate a parcel’s benefit is the size (acreage) of the parcel. It has been determined that each parcel’s overall acreage provides a fair and reasonable comparison of property benefit correlating each parcel’s current and potential development, as well as the overall use and benefit from the area of improvement.
The combination of land use, location and parcel size provides a fair and reasonable depiction of each parcel’s special benefit and proportionate 64 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 7 assessment. The following formula is used to arrive at each parcel’s benefit referred to as a Benefit Unit Factor (BUF):
Parcel’s DUF x Parcel’s LDF x Parcel’s Acreage = Parcel’s BUF Also stated as:
Development Unit Factor x Location Differential Factor x Acreage = Parcel’s BUF
The total Balance to Levy divided by the total BUF for the District is used to establish a Levy per BUF, as per the following formula:
Total Balance to Levy / Total BUF in the District = Levy per BUF The Levy per BUF multiplied by each parcel’s individual BUF represents the parcel’s levy amount (assessment). The following formula outlines the levy calculation applied to each parcel:
Parcel BUF x Levy per BUF = Parcel Levy Amount
The following table (Table II) provides sample levy calculations for various property types in the District based on the maximum assessment rate per BUF:
Table II
Sample Maximum Levy Calculations
Land Use
Classification
Development
Unit Factor
(DUF)
Location
Differential
Factor (LDF)
Parcel
Acreage
Benefit Unit
Factor (BUF)
Benefit Unit
Factor (BUF)
Maximum
Rate
Maximum
Levy Amount
Commercial Developed 1.0000 X 1.00 x 0.29 = 0.2900 0.2900 x $4,652.28 = $1,349.16 Commercial Developed 1.0000 x 0.75 x 0.29 = 0.2175 0.2175 x $4,652.28 = $1,011.88 Commercial Vacant 0.5000 x 1.00 x 0.29 = 0.1450 0.1450 x $4,652.28 = $674.58 Commercial Vacant 0.5000 x 0.75 x 0.29 = 0.1088 0.1088 x $4,652.28 = $506.18 Exempt 0.0000 x 1.00 x 0.29 = 0.0000 0.0000 x $4,652.28 = $0.00 Commercial Condominiums 0.0526 x 1.00 x 0.29 = 0.0153 0.0153 x $4,652.28 = $71.16 Pursuant to the provisions of the California Constitution Article XIIID, a maximum assessment rate of $4,652.28 per BUF was approved by the property owners through a protest ballot proceeding in Fiscal Year 1997/1998. The proposed assessment rate calculated each fiscal year is based on an estimated budget; and the proposed rate applied each year may be less than or equal to the maximum 65 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 8 rate. A proposed assessment rate, greater than the maximum rate, would be considered an increased assessment and require property owner approval through protest ballot proceedings.
66 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 9 III.DISTRICT BUDGET
Table III
2023/2024 District Budget
BUDGET ITEMS
TOTAL
DISTRICT
DIRECT COSTS
Water Service $3,200.00
Utilities Electricity 17,000.00
Transfers Expenses IN 5,650.00
Miscellaneous Expenses 0.00
Capital Improvement Expenditures 0.00
Direct Costs (Subtotal) $25,850.00
ADMINISTRATION COSTS
District Administration $4,500.00
County Administration Fee 158.60
Administration Costs (Subtotal) $4,658.60
Total Direct and Admin. Costs $30,508.60
LEVY ADJUSTMENTS
Reserve Fund - Collection/(Transfer) $1,060.30
General Fund/Other Revenue Sources-
(Contribution) 0.00
Loans - Repayment/(Advances) 0.00
Levy Adjustment (Subtotal) $1,060.30
Balance to Levy $31,568.90
DISTRICT STATISTICS
Total Parcels 50.00
Total Parcels Levied 45.00
Total Acreage 14.12
Total Acreage Levied (1) 13.20
Total Benefit Unit Factor (BUF) (2) 6.79
Levy Per BUF (3) $4,652.20
Approved Maximum Assessment per BUF (4) $4,652.28
FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $0.00
Reserve Fund Collection 1,060.30
Estimated Ending Reserve Fund Balance $1,060.30
(1) Total Acreage levied does not include Exempt parcels. (2) Slight variance in Total Benefit Unit Factor (BUF) due to rounding. (3) Slight variance in Levy Per BUF due to rounding.
(4) Slight variance in Maximum Assessment per BUF due to rounding. 67 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 10 APPENDIX A — DISTRICT ASSESSMENT DIAGRAM
The supporting Assessor’s Parcel Maps outlining the District boundaries are shown on the following pages. These maps, in connection with the Assessment Roll in Appendix B, constitute the District Assessment Diagram for Fiscal Year 2023/2024. 68 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 11 69 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 12 70 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 13 Appendix B — 2023/2024 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared. Nonassessable lots or parcels include parcels within the boundaries of the District that currently do not benefit from the improvements and are identified as “Exempt” or “SBE”.
A listing of parcels within the District along with the assessment amount for Fiscal Year 2023/2024 is included in the following table.
Table IV
2023/2024 Assessments and Parcel Listing
APN LAND USE DUF LDF ACREAGE BUF LEVY
203-090-01-00 Commercial Developed 1.0000 1.0000 0.84 0.8400 $3,907.90 203-090-02-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-03-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-04-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-05-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-07-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-08-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-12-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-13-00 Vacant Commercial/Parking 0.5000 1.0000 0.29 0.1450 674.58 203-090-14-00 Vacant Commercial/Parking 0.5000 1.0000 0.29 0.1450 674.58 203-090-15-00 Commercial Developed 1.0000 1.0000 0.38 0.3800 1,767.86 203-090-16-00 Commercial Developed 1.0000 0.7500 0.28 0.2100 976.96 203-090-17-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-20-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-21-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-22-00 Exempt 0.0000 0.0000 0.21 0.0000 0.00
203-090-23-00 SBE 0.0000 0.0000 0.21 0.0000 0.00
203-090-24-00 Vacant Commercial/Parking 0.5000 0.7500 0.21 0.0788 366.58 203-090-28-00 Vacant Commercial/Parking 0.5000 0.7500 0.21 0.0788 366.58 203-090-29-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-30-00 Exempt 0.0000 0.0000 0.21 0.0000 0.00
203-090-33-00 Commercial Developed 1.0000 0.7500 0.20 0.1500 697.84 203-090-34-00 Commercial Developed 1.0000 0.7500 0.20 0.1500 697.84 203-090-35-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 71 May 09, 2023
2023/2024 City of California City, Aspen Mall Landscaping and Lighting District Page 14
APN LAND USE DUF LDF ACREAGE BUF LEVY
203-090-36-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-37-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-38-00 Exempt 0.0000 0.0000 0.00 0.0000 0.00
203-090-39-00 Commercial Developed 1.0000 0.7500 0.32 0.2400 1,116.54 203-090-40-00 Commercial Developed 1.0000 0.7500 0.10 0.0750 348.92 203-090-41-00 Commercial Developed 1.0000 0.7500 0.63 0.4725 2,198.20 203-420-01-00 Exempt 0.0000 0.0000 0.29 0.0000 0.00
203-420-02-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-03-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-04-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-05-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-06-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-07-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-08-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-09-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-10-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-11-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-12-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-13-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-14-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-15-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-16-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-17-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-18-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-19-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-20-00 Commercial Condominium 0.0526 1.0000 0. 29 0.0153 71.16 Totals: 6.7858 $31,568.90
72 May 09, 2023
RESOLUTION NO. 04-23-2974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council by previous Resolutions formed and levied annual assessments for the Aspen Mall Landscaping and Lighting District (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”); and,
WHEREAS, the Act provides the City Council the authority to annually levy and collect assessment for the District on the Kern County tax roll on behalf of the City of California City to pay the maintenance and services of the improvements and facilities related thereto; and,
WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, to prepare and file an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”) with the City Clerk in accordance with the Act.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
Section 1: The City Council hereby orders Willdan Financial Services to prepare and file with the City Clerk the Engineer’s Report concerning the levy of assessments for the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3, Section 22622 of the Act.
Section 2: The proposed improvements within the District include: turf, ground cover, shrubs, trees, drainage systems, irrigation systems, lighting, hardscape, and associated appurtenances within the public easements and right-of-ways within the District.
The Engineer’s Report describes the improvements and any substantial changes in existing improvements.
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 73 May 09, 2023
RESOLUTION NO. 04-23-2974
PASSED, APPROVED, AND ADOPTED this 25th day of April 2023.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF CALIFORNIA CITY)
_______________________________,
Kelly Kulikoff, Mayor
City of California City
I, Socorro Chavez, City Clerk of the City of California City, County of Kern, State of California do hereby certify that the foregoing Resolution No. 04-23-2974 was regularly adopted by the City Council of said City of California City at a regular meeting of said council held on the 25th day of April 2023 by the following vote:
Ayes:Councilmember(s): Creighton, Kulikoff, Mayor Pro Tem Smith, Noes:
Absent:
Abstained: Councilmember Macedonio, Mayor Kulikoff
________________________________
Socorro Chavez, City Clerk
City of California City
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 74 May 09, 2023
RESOLUTION NO. 04-23-2975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT
REGARDING THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS FOR
THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2023/2024
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, this City Council pursuant to provisions of the Landscaping and Lighting Act of 1972 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (hereafter referred to as the “Act”) did by previous Resolution, order the preparation of an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”) for the District known and designated as the Aspen Mall Landscaping and Lighting District (hereafter referred to as the “District”) for fiscal year 2023/2024; and, WHEREAS, there has been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act; and,
WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented. This City Council is preliminarily satisfied with each of the budget items and documents as set forth therein and is satisfied that the levy amounts have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Section 2: That the “Engineer’s Report” as presented, consists of the following:
a) A Description of Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance).
c) A diagram of the District that identifies the parcels within the District.
d) The District Roll containing the proposed levy of assessments for each Assessor Parcel within the District for fiscal year 2023/2024.
Section 3: The “Engineer’s Report” as presented or as amended is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 75 May 09, 2023
RESOLUTION NO. 04-23-2975
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this 25th day of April 2023.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF CALIFORNIA CITY)
_______________________________,
Kelly Kulikoff, Mayor
City of California City
I, Socorro Chavez, City Clerk of the City of California City, County of Kern, State of California do hereby certify that the foregoing Resolution No. 04-23-2975 was regularly adopted by the City Council of said City of California City at a regular meeting of said council held on the 25th day of April 2023 by the following vote:
Ayes:Councilmember(s): Creighton, Kulikoff, Mayor Pro Tem Smith, Noes:
Absent:
Abstained: Councilmember Macedonio, Mayor Kulikoff
________________________________
Socorro Chavez, City Clerk
City of California City
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 76 May 09, 2023
RESOLUTION NO. 04-23-2976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2023/2024
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2023/2024 regarding the levy and collection of assessments for the Aspen Mall Landscaping and Lighting District (hereafter referred to as the “District”). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”), assessments for the District shall be levied and collected by the County of Kern for the City of California City to pay the maintenance and services of the improvements and facilities related thereto; and,
WHEREAS, the proposed District assessments for fiscal year 2023/2024 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XIIID; and, WHEREAS, there has now been presented to this City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”), and said Engineer’s Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer’s Report as presented and is satisfied with the District, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
Section 1: The above recitals are true and correct.
Section 2: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 77 May 09, 2023
RESOLUTION NO. 04-23-2976
expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2023/2024.
Section 3: The boundaries of the District are described in the Engineer’s Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of California City, within the County of Kern, State of California and includes the territory known as the Aspen Mall and referred to as the “Aspen Mall Landscaping and Lighting District”.
Section 4: The improvements within the District may include, but are not limited to:
turf, ground cover, shrubs, trees, drainage systems, irrigation systems, lighting, hardscape, and associated appurtenances within the public easements and right-of-way. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the satisfactory working condition, life, growth, health and beauty of the improvements, including cultivation, irrigation, trimming, spraying, fertilization and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping or appurtenant facilities.
Section 5: The proposed assessments for fiscal year 2023/2024, as outlined in the Engineer’s Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 1997. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XIIID.
Section 6: The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act.
Section 7: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 9, 2023, at 6:00 p.m., or as soon thereafter as feasible in the City Council Chambers, located at 21000 Hacienda Blvd., California City.
Section 8: The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code.
The City Clerk shall give notice to property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing; and, posting a copy of this resolution on the official bulletin board (s) customarily used for posting such notices.
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 78 May 09, 2023
RESOLUTION NO. 04-23-2976
PASSED, APPROVED, AND ADOPTED this 25th day of April 2023.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF CALIFORNIA CITY)
_______________________________,
Kelly Kulikoff, Mayor
City of California City
I, Socorro Chavez, City Clerk of the City of California City, County of Kern, State of California do hereby certify that the foregoing Resolution No. 04-23-2976 was regularly adopted by the City Council of said City of California City at a regular meeting of said council held on the 25th day of April 2023, by the following vote:
Ayes:Councilmember(s): Creighton, Kulikoff, Mayor Pro Tem Smith, Noes:
Absent:
Abstained: Councilmember Macedonio, Mayor Kulikoff
____________________________________
Socorro Chavez, City Clerk
City of California City
DocuSign Envelope ID: D8E02C3C-DE14-407C-AA0B-37CD66490C9D 79 May 09, 2023
RESOLUTION NO.04-23-2979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S REPORT FOR
THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2023/2024
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (hereafter referred to as the “Act”), did by previous resolution declared its intention to levy and collect annual assessments for the Aspen Mall Landscaping and Lighting District (hereafter referred to as the “District”), for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and,
WHEREAS, pursuant to Article 4 of Chapter 1, commencing with Section 22565 of said Act, the City Council ordered the preparation of an Engineer’s Report. Said Report, entitled “Engineer’s Annual Levy Report, Aspen Mall Landscaping and Lighting District, Fiscal Year 2023/2024” (hereafter referred to as the “Report”) has been filed with the City Clerk and presented to the City Council; and,
WHEREAS, the City Council has examined and reviewed the Report and is satisfied with each of the items and documents as set forth therein or as amended and finds that the levy of assessments has been spread in accordance with the benefits received from the improvements and services to be performed, as set forth in said Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Section 2: That the Report as presented, consists of the following:
a) A Description of Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance).
c) A diagram of the District that identifies the parcels within the District.
d) The District Roll containing the proposed levy of assessments for each Assessor Parcel within the District for fiscal year 2023/2024. 80 May 09, 2023
RESOLUTION NO.04-23-2979
Section 3: The Report as presented or as amended is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED this ________ day of _____________, 2023.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF CALIFORNIA CITY)
__________________________________,
Kelly Kulikoff, Mayor
City of California City
I, Soccoro Chavez, City Clerk of the City of California City, County of Kern, State of California do hereby certify that the foregoing Resolution No. ____________ was regularly adopted by the City Council of said City of California City at a regular meeting of said council held on the ___________ day of _______________, 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstained:
________________________________
Soccoro Chavez, City Clerk
City of California City
81 May 09, 2023
RESOLUTION NO.04-23-2980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE ASPEN MALL LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2023/2024 The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council has, by previous Resolutions initiated proceedings and declared its intention to levy assessments against parcels of land within the Aspen Mall Landscaping and Lighting District (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act"); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, an Engineer’s Report in connection with the proposed levy and collection upon eligible parcels of land within District, and the City Council did by previous Resolution approve such report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of operating, maintaining and servicing landscaping and appurtenant facilities located within public places in the District.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons.
Section 2: Pursuant to the provisions of California Constitution Article XIIID, a maximum assessment for the District has been established and previously approved by the property owners through an assessment ballot proceeding. The City Council has determined that the proposed assessments presented in the Engineer’s Report are less than or equal to the maximum assessment amount previously approved by the property owners. The City Council further declares that the proposed assessments are spread by the rate (assessment) and method approved by the property owners, and therefore in full compliance with both the substantive and procedural requirements of the California Constitution.
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Section 3: Based upon review (and amendments, as applicable), the City Council hereby finds and determines that the Engineer’s Report sufficiently and accurately describes:
a) The land within the District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of the District.
b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is apportioned by a formula and method that fairly distributes the net amount among eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services.
Section 4: The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
Section 5: The City Council hereby orders the proposed improvements to be made for Fiscal Year 2023/2024, and the improvements are briefly described as follows: turf, ground cover, shrubs, trees, drainage systems, irrigation systems, lighting, hardscape, and associated appurtenances within the public rights-of-way and specific easements.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, landscaping and appurtenant facilities, including repair, removal or replacement of the landscaping or appurtenant facilities; providing for the satisfactory working condition, life, growth, health and beauty of the improvements, including cultivation, irrigation, trimming, spraying, fertilization and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping or appurtenant facilities.
Section 6: The maintenance, operation and servicing of the landscaping and appurtenant facilities shall be performed pursuant to the Act; and the County Auditor of Kern shall enter on the County Assessment Roll opposite each parcel of land the amount of levy; and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 7: The City Treasurer shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Aspen Mall Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the appurtenant facilities as described in Section 5. 83 May 09, 2023
RESOLUTION NO.04-23-2980
Section 8: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
Section 9: The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this ________ day of _____________, 2023.
STATE OF CALIFORNIA)
COUNTY OF KERN) ss.
CITY OF CALIFORNIA CITY)
________________________________
Kelly Kulikoff, Mayor
City of California City
I, Soccoro Chavez, City Clerk of the City of California City, County of Kern, State of California do hereby certify that the foregoing Resolution No. ____________ was regularly adopted by the City Council of said City of California City at a regular meeting of said council held on the ___________ day of _______________, 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstained:
_______________________________
Soccoro Chavez, City Clerk
City of California City
84 May 09, 2023
ITEM NO. PH 2.
COUNCIL AGENDA ITEM
May 9, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: TDA Unmet Transit Needs Public Hearing
BACKGROUND/ DISCUSSION:
The Transportation Development Act (TDA) of 1971 provides two funding sources:
1. Local Transportation Fund (LTF) which is derived from a ¼ cent of the general sales tax collected statewide.
2. State Transit Assistance fund (STA), which is derived from the statewide sales tax on gasoline and diesel fuel.
The TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects.
Public participation is a key component of TDA. Public meetings are held in eligible counties to discuss transportation needs and hear concerns.
In order to qualify for funding under TDA, a transit claimant must maintain a ratio of fare revenues to operating cost at least equal to the ratio it had during 1978/79, or 10 percent, if the claimant is in a non-urbanized area, whichever is greater.
A governing body’s resolution which makes the following finding:
“There are no unmet transit needs that are reasonable to meet”.
FISCAL IMPACT:
The current TDA/LTF fund balance for California City is being verified and will be provided as soon as it is available.
RECOMMENDATION: Conduct the Unmet Transit Needs Public Hearing. Council adopts “RESOLUTION NO. DETERMINING THAT CALIFORNIA CITY HAS NO UNMET TRANSIT NEEDWS THAT CAN NOT REASONABLY BE MET BY THE EXISTING SYSTEM” Environmental Action: None
85 May 09, 2023
RESOLUTION NO. 04-23-2981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY DETERMINING THAT CALIFORNIA CITY HAS NO UNMET
TRANSIT NEEDS THAT CANNOT REASONABLY BE MET BY THE
EXISTING SYSTEM
WHEREAS, Title 21 of the California Administrative Code Section 6658 implementing theTransportation Development Act requires the Kern Council of Governments (KCOG) to find the City has no unmet transit needs that cannot reasonably be met prior to approving the City's use of
Transportation Development Act monies for street and road projects; and WHEREAS, in addition to annually holding its own public hearing (as required by Transportation Development Act regulations) Kern COG requires all agencies intending to file claims to use Transportation Development Act funds for street and road projects to hold a public hearing to identify transit needs within their respective jurisdictions; and
WHEREAS, on May 09, 2023, Council held a duly noticed public hearing at which all persons desiring to comment on transit needs were given the opportunity to address, and were heard by, the Council; and
WHEREAS, the Council has responded to comments, received at the public hearing and concluded there are no unmet transit needs that cannot reasonably be met within the City of California City; and NOW, THEREFORE, the City of California City resolves the following:
1. The facts recited herein above are true and this Council has jurisdiction to consider and make determinations in the matters herein mentioned.
2. Based on comments received from the public, this Council hereby determines there are no unmet transit needs that cannot reasonably be met within the City.
3. . The City Clerk shall forward a copy of the Resolution to the Kern Council of Governments.
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ITEM NO.
CB 1.
COUNCIL AGENDA ITEM
May 9, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: Special Tax Discussion
BACKGROUND/DISCUSSION
The council has requested that a dedicated 30 minutes be set aside at every council meeting to discuss the special tax.
As requested by the council, the Police Chief and Fire Chief will bring forward data for discussion to include each relative department this evening.
RECOMMENDATION
Staff is recommending open discussion from the council after presentations from Fire and Police Departments.
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CITY COUNCIL
DATE: May 9, 2023
TO: Mayor and City Council
FROM: Jeremy Kosick, Fire Chief
SUBJECT: Special Tax Discussion-Fire Department Impact
_____________________________________________________________________________________ BACKGROUND:
Since 2013 the California City Fire Department has lost 10 firefighters, 2 engineers, 2 Captains, 1 Battalion Chief, and 2 Fire Chiefs to other departments, primarily due to the uncertainty of the special tax and secondarily due to higherpaying departments. 1 additional Fire Captain retired early to help save newer employees’ jobs during previous budget cuts. The majority of the personnel who have left routinely state how much they enjoyed working for the department and that they often miss working in California City. The lack of proactive planning and uncertainty continues to be the largest driving factor for employees to leave the city for more stable employers.
The California City Fire Department has consistently remained in the top five busiest fire stations in all of Kern County for more than two decades. Our general call volume has consistently risen by roughly between 100-130 calls per year with a total call volume of 1498 calls per year in 2009 to up to 3184 calls in 2020. We expect to see continued call volume growth as the city brings in more business, new threats, and high populations.
Annual Call Volume
Year Calls:
2009 1498
2016 2687
2017 2864
2018 2791
2019 2857
2020 3184
2021 3150
2022 3094
Both the National Fire Protection Association (NFPA) and the International Association of Firefighters (IAFF) recommend minimum staffing levels and service deployment locations which the Insurance Services Office (ISO) takes into consideration when assigning a Public Protection Class Score (PPC) which can influence homeowner and business insurance rates.
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Response times are an important consideration when determining where a fire station should be located. Due to the wide coverage area of the city being 204 sq miles, three fire stations are needed to adequately meet recommended response times. One should be located in the Second Community to provide coverage to the prison, OHV areas, Silver Saddle, and rural residential areas. Two should be located in the first community in strategic deployment areas to ensure response time for fire and medical are consistently met.
Staffing for a standard residential structure fire following NFPA and federal OSHA rule 1910.134(g)(4), requires 4 firefighters for the first due engine to arrive on the scene within 4 minutes of notification to initiate fire attack. The balance of the response should arrive on the scene within 8 minutes for a total recommendation of 16 firefighters on 2 engines and a ladder truck to successfully mitigate the incident. CCFD’s current average response time for all calls is
7.9 minutes for 2022 (which incorporates both short and long response times into the average). The Federal Emergency Management Agency (FEMA) also acknowledges that four-person staffing models are needed per unit and considers it a high priority. The National Institute of Standards and Technology (NIST) also had scientific data supporting the four-person company staffing model as the most efficient.
Ideally, the fire department needs three fire stations staffed in order to meet recommended response times and staffing needs for incidents. Currently, there is only one fire station for all 204 sq miles of California City, due to the call volume and consistent incidence of back-to-back, or simultaneous calls for service, two stations are needed. At the very least a second staffed unit is needed to provide basic and adequate coverage for fire medical response.
Ideal Staffing Current Staffing
3- Fire Stations on a 24-hour A,B,C, Shift Schedule
1- Fire Chief
1- Administrative Assistant
1- Fire Marshal
1- Deputy Fire Marshal
3- Battalion Chief (A,B,C-Shift)
9- Captains (A,B,C-Shift)
9- Engineer (A,B,C-Shift)
18- Firefighter Paramedics (A,B,C-Shift)
4- Code Enforcement Officers
Apparatus
1- Quint (Ladder Truck/Pumper Combo)
2- Front Line Engine
1- Reserve Engine
2- Wildland Patrols
1- Wildland Type III Engine
1- Water Tender
1- Fire Station on a 24-hour A,B,C, Shift Schedule
1- Fire Chief
1- Administrative Assistant
0- Fire Marshal (Duties absorbed by Fire Chief)
1- Deputy Fire Marshal
0- Battalion Chief (A,B,C-Shift)
3- Captain (A,B,C-Shift)
3- Engineer (A,B,C-Shift)
6- Firefighter Paramedics (A,B,C-Shift)
2- Code Enforcement Officers
Apparatus
0- Quint (Ladder Truck/Pumper Combo)
1- Front Line Engine
1- Reserve Engine (beyond service life-no part avail.)
1- Reserve Engine (out of Service-too costly to repair) 1- Wildland Patrols (needs replacement, out of service) 1- Wildland Type III Engine
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1- Fire Investigations Unit
1- Battalion Chiefs Unit
1- Fire Chief’s Unit
1- Fire Marshal’s Unit
1- Deputy Fire Marshal’s Unit
1- Mobile Light Air Unit
1- Type II Haz-mat unit
1- Fire Investigations Unit (needs replacement)
0- Battalion Chiefs Unit
1- Fire Chief’s Unit (needs replacement)
0- Fire Marshal’s Unit
1- Deputy Fire Marshal’s Unit
1- Mobile Light Air Unit (needs replacement)
0- Type II Haz-mat unit
Rough Estimated Budget Projection Current Budget Projection for 2022-2023 $10,500,000.00 $3,418,500.00
Rough estimated budget for 2 units out of 1 station: $5,200.000.00 Citywide funding should also account for roads and water infrastructure. Poor road conditions will cause significant damage to fire apparatus from repeated exposures to potholes and damaged roads, which also causes slower response times. Without properly functioning hydrants and adequate water pressure, the fire department is unable to provide reliable fire suppression. All of the aforementioned information as well as many other factors influence the PPC score which is of concern when looking at the value-to-service ratio where a reduction in the PPC or ISO score could cause increases in insurance costs that could be equal to or exceed the cost of the special tax if services are reduced or not maintained. The fire department’s goal is to provide the most robust and cost-effective service possible.
RECOMMENDATION:
Discussion only at this time.
FISCAL IMPACT:
Unknown
ENVIRONMENTAL IMPACT:
None.
Attach,ements:
107 May 09, 2023
COUNCIL AGENDA ITEM
MAY 9, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: Approve Purchase of EV Charging Station
BACKGROUND/DISCUSSION
NB 1.
On October 20, 2022, the city of California City adopted a Memorandum of Understanding with the State of California and the Kern Council of Governments through the EV Ready Communities funding CEC grant award program to fund an EV Charging Station at the Aspen Mall.
CEC funding for the project is $99,000.00 with local match of $33,000 for a total project cost of $132,000.00.
Two units have been identified to fulfill grant agreements. The Even Recharge Off-Grid EV Charging Hub and EV ARC 2020 unit. Please see attachments for costs and pertinent information on these units.
FISCAL IMPACT
If chosen by the council, additional cost to city would be included in the EV ARC unit of $7,413.62.
RECOMMENDATION
Staff recommends reviewing both options and determine which unit council would like to purchase.
ATTACHMENTS
A. EV Recharge Off-Grid EV Charging Hub cost breakdown and information B. RV ARC 2020 cost breakdown and information
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ITEM NO. NB 2.
COUNCIL AGENDA ITEM
May 9, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Approve BHT Engineering to perform engineering services to fulfill the State Water Resources Control Board (SWRCB) annual LAMP reporting requirements.
BACKGROUND/ DISCUSSION:
On June 19, 2012, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2012-0032, for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems (hereafter OWTS Policy). The OWTS Policy was approved by the Office of Administrative Law (OAL) on November 13, 2012, and became effective on May 13, 2013. Since this inception, there has been an annual reporting requirement of all the Onsite Wastewater Treatment Systems (OWTS) installed in the City.
To continue compliance with these State regulations the City of California City (hereafter, the City), staff is submitting this request to approve BHT Engineering, the contracted engineer for the City, to perform engineering services as outlined in the attached Task Order from BHT Engineering.
FISCAL IMPACT:
Current Fund Balance: 10-4168-315 $ 29,358.67
Amount Requested from Fund: $ 11,230.00
Ending Balance: $ 18,128.67
RECOMMENDATION:
Staff recommends Council to approve the Task Order submitted by BHT Engineering to complete the LAMP report to the SWRCB on behalf of the City of California City.
ATTACHMENTS:
1. BHT Task Order
123 May 09, 2023
T:\4-CALIFORNIA CITY\DOC\23400 GENERAL ENGINEERING\TASK ORDERS 2023\TASK ORDER - Lamp Annual Report 2022.docx BHT# 23400 JANUARY 26, 2023
TASK ORDER
CITY OF CALIFORNIA CITY
2022 LAMP ANNUAL REPORT
BHT Engineering, Inc. will perform engineering services as outline in the City’s Agreement for Professional Services.
The scope of work will include the following:
- Building Department to provide records of permitted OWTS- Data Form attached.
The work as described for this task order shall be completed by March 15, 2023.
The signatures below shall serve as an authorization to proceed on Task Order from the City and is acknowledged by the consultant BHT Engineering, Inc.
BHT Engineering, Inc. City of California City
________________________________ ________________________________ Juan M. Pantoja, Principal Engineer Public Works Department Date:__01/26/2022_____ Date: ______________________
Perform/Prepare Cumulative Density
Calculations 20 hrs @ 120.00$ /hr= 2,400.00 $
Perform/Prepare OW TS Permit Report 16 hrs @ 120.00$ /hr= 1,920.00 $ Format/ Review Final Report 14 hrs @ 125.00$ /hr= 1,750.00 $ Administrative Assistant/Clerical/Admin 12 hrs @ 50.00$ /hr= $ 600.00 Upload archived reports to Lahontan
website 1 hrs @ 120.00 $ /hr= 120.00 $
Upload 2022 report to Lahontan website 3 hrs @ 120.00 $ /hr= 360.00 $ TOTAL ESTIMATED COST: $ 11,230.00
124 May 09, 2023
COUNCIL AGENDA ITEM
TO: Mayor and City Council
May 09, 2023
FROM: Joe Barragan, Public Works Director
ITEM NO. NB 3.
SUBJECT: Calibration and Service agreement with HACH for the Waste Water Treatment Plant.
BACKGROUND/ DISCUSSION:
The Wastewater Treatment Plant (VvWTP) has many regulatory requirements to stay in compliance with their state issued operating permit. Turbidity and disinfection are two of those standards. "Recycled Water shall not exceed an average operating turbidity of two (2) turbidity units and five turbidity units for more than five percent (5%) of the time during any 24-hour period" (Board Order No. 6-00-94.C Recycling Requirements, Item 3). The Chlorine Residual Analyzer, Controllers and the Turbidimeters are crucial monitoring devices used to maintain the appropriate disinfection level required by the VvWTP operating permit.
"The Discharger (VvWTP) shall calibrate and perform maintenance procedures on all monitoring instruments and equipment to ensure accuracy of measurements." The calibration of any wastewater flow measuring device shall be recorded and maintained in the permanent VvWTP logbook" as stated per the California Regional Water Quality Control Board, Lahontan Region, General provision for Monitoring and Reporting.
The VvWTP, for at least the past 10 years has entered into an annual service contract with Hach (the equipment manufacturer for Turbidimeters and Chlorine Analyzers) to perform the required compliance calibrations and servicing with documentation (provided quarterly) as mandated by the aforementioned regulations. These tasks are performed as part of the agreement to include any parts needed, unlimited technical support and firmware updates. This agreement was included in the approved 23-24 FY budget under 52-5213-310.
FISCAL IMPACT:
Current Fund Balance: 52-5213-310
Amount Requested from Fund:
Ending Balance:
RECOMMENDATION:
$34,000.00
$ 4,513.88
$29,486.12
Staff recommends Council to authorize the City Manager to enter into an agreement with Hach Services for an amount not to exceed $4,513.88.
Attachments
A. Hach Service Partnership Quotation
125 May 09, 2023
126 May 09, 2023
127 May 09, 2023