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 JULY 25TH, 2023
CLOSED SESSION @ 3:00PM
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)
Zoom instructions and notes:
1.Web Link: https://us06web.zoom.us/j/81672627353
2.Meeting ID: 816 7262 7353
3.Public can dial into the Zoom line:
a.One tap mobile: +16694449171,,87475859247# US
b.Dial the following number: +1 564 217 2000 US
4.Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 July 25, 2023
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 3:00 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- Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Personal Matter CS 2. Conference with Legal Counsel-Existing Litigation Paragraph (1) of subdivision of (d) of Section 54956.9:
The People of the State of California ex rel. The City of California City v Karen Macedonio- Case No. BCV-23-102139
CS 3. Public Employee Appointment - Title of Employee: City Manager Paragraph (1) of subdivision (b) of Section 54957
CS 4. Conference with Legal Counsel-Existing Litigation Paragraph (1) of subdivision of (d) of Section 54956.9:
Boston et al v California City Case No. BCV-22-101398
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
DEPARTMENTAL REPORTS
• Building
• City Clerk
• Finance
• Police
• Treasurer
CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated July 14, 203, July 15, 2023, July 16, 2023, and July 17, 2023.
Also correspondence from DJ Twohig dated July 20, 2023. Both D.J. Twohig and J.M. Powers have requested that they be part of the official meeting records.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
2 July 25, 2023
PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.
The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
PRESENTATION
P1. Introduction of New Animal Control Officer Smith – by Police Department P2. Certification of Recognition for Shift C – by Fire Department P3. Flood Ministry Presentation
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 07/07/2023 through 07/20/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve Chlorine Sensor Probe Replacement for WWTP Facility – by Public Works Director, Joe Barragan
CC 3. Approve Contract with Beauchaine Consulting Group for Human Resource Consulting by Human Resource Director, Latisha Lamberth
CC 4. Approve Perc Water Quote for 2022 Consumer Confidence Report – by Public Works Director, Joe Barragan
CITY MANAGER REPORT
CM 1. Oral Report
DISCUSSION ITEM
DI 1. Water and Sewer Rate Study – by Public Works Director, Joe Barragan
CONTINUED BUSINESS
CB 1. Special Tax Discussion – by Acting City Manager, Inge Elmes Recommendation
Staff is recommending open discussion from the council based on timelines above.
CB 2. Update to the Master Fee Schedule – by Public Works Director, Joe Barragan Recommendation
Staff recommends the City Council approve the DRAFT updated Master Fee Schedule. 3 July 25, 2023
CB 3. Water Standby Charge— Fiscal Year 2023-24 Levy – by Public Works Director, Joe Barragan
Recommendation
Approve Resolution No.07-23-2993 adopting water standby charges for Fiscal Year 2023- 24 fiscal year and in future recurring years. The City Council will approve staff to create and administer appeals form that conforms to the resolution.
CB 4. Cannabis Delivery Permits – by City Attorney’s Office, Paloma Perez-McEvoy Recommendation
Direct staff to draft an ordinance amending the California City Municipal Code to amend the Cannabis Delivery permitting process to maximize the ability to issue delivery permits
NEW BUSINESS
NB 1. Public Safety Only Parcel Tax—Annual Rate-setting – by Finance Manager, Kenny Cooper Recommendation
Approve Resolution Confirming Setting the Rate of the Public Safety Only Special Parcel Tax for Fiscal Year 2023-24 and Requesting Collection Services from Kern County.
NB 2. Professional Services Agreement with Price Paige & Company (PPC) for TDA Reimbursements, Payroll Reconciliation, and Consultation TBD. – by Finance Manager, Kenny Cooper
Recommendation
Staff recommends the City Council approve the Professional Services Agreement.
NB 3. Approval of Reimbursement Agreement for Services Between IWVGA, BHT, and the City of California City – by Acting City Manager, Inge Elmes Recommendation
Staff recommends that the City Council approve the Reimbursement Agreement for Project services between IWVGA, BHT, and the City of California City.
NB 4. Approval of Reimbursement Agreement for Kudu Solar Facility Project Services Between Avantus, LLC (Avantus) and the City of California City – by Acting City Manager, Inge Elmes
Recommendation
Staff recommends that the City Council approve the Reimbursement Agreement for Project services between Avantus and the City of California City.
NB 5. Implementation of state-mandated ministerial permitting process for Electric Vehicle Charging Stations – by Acting City Manager, Inge Elmes
Recommendation
Direct staff to draft an ordinance amending the California City Municipal Code to implement a ministerial permitting process for Electric Vehicle Charging Stations (“EVCS”). 4 July 25, 2023
NB 6. General Fund Reserve Discussion – by Acting City Manager, Inge Elmes Recommendation
Staff recommends council discussion and to determine the Reserves amount.
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. 5 July 25, 2023
Fiscal Year Total to Date June Total
1305 151
619 59
117 5
18 0
975 92
286 21
158 0
81 2
51 0
36 0
Permits Issued 631 52
Building
Inspections
Projects Finaled
Commercial Inspections
Commercial Inspection Finaled
Applications Received
Plan Checks
Waiting for plan check
New Home Permits
New Commercial Building Permits
New Cannabis Permits
DR
6 July 25, 2023
ACCESSORY STRUCTURE 1
BLOCK WALL
CANNABIS FINAL
CARPORT
CODE ENFORCEMENT (RED TAG)
COMMERICIAL FINAL
DRAINIAGE
DRYWALL NAILING 1
ELECTRICAL PANEL
ELECTRICAL RELEASE
ELECTRICAL ROUGH 9
FIRE PLACE AND STOVE
FOOTING AND SLAB
FOUNDATION 3
FRAMING FLOOR
FRAMING ROOF SHEATHING 16
FRAMING ROUGH (Walls/Shear Panels) 10 TOTAL
GARAGE 5
GAS PRESSURE TEST 1
HVAC 3
HOT MOP/SHOWER PAN 1
INSULATION 4
LATHING 6
LEACH FIELD
MECHANICAL ROUGH 5
N-SFD FINAL 2
PANEL UPGRADE 8
PATIO FINAL
PATIO COVER
POOL FINAL 1
POOL REBAR/GROUNDING 3
PLUMBING ROUGH 6
RE-ROOF 8
SEEPAGE PIT I
SEPTIC TANK 1
SET BACKS
SEWERLINE 1
SIDING
SOLAR 33
SOLAR RAILING 22
SPECIAL INSPECTION 1
SPECIAL TRENCH
TEMP ELECTRICAL
UFER FOR ELECTRICAL SERVICE
UNDERGROUND ELECTRICAL
UNDERGROUND PLUMBING 4
WATER HEATER
WINDOWS 2
151
0 RESIDENTIAL INSPECTION DETAILS JUNE 2023 TOTAL INSPECTIONS JUNE 2023 COMPLETE/FINAL INSPECTIONS 151 59
COMM INSPECTIONS JUNE 2023 COMM FINAL INSPECTIONS
7 July 25, 2023
COUNCIL AGENDA ITEM
July 25, 2023
PREPARED BY: Socorro Chavez, City Clerk
SUBJECT: City Clerk Department Report (June 24, 2023 – July 21, 2023)
Upcoming Information:
Business License have been printed and sent out for anyone that has made a payment through 07/17/2023 should have received their business license in the mail. We have 3 vacancies for both Park and Planning commission with the deadline ending today we will continue with the mayor’s review process.
2023 July Monthly Report: Completed: Received:
Business License / Cannabis Permits 12 33
Public Record Request: 8 15
Agendas: 5 5
Special Event, etc. Permits: 2 4
Calls: Varies 176
Emails: 223 459
Counter Traffic: Varies 221
Research/ On Going Projects:
• City Clerk Cannabis Procedures
• Planning and Park Commission Vacancies
• Elections
• Claim Process
• New Coming Businesses
8 July 25, 2023
California City California City
Fund Balance @ 05.31.23 Fund Investment @ 05.31.23
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,213,502.16 * All -$20,821,335.86
Aspen $191,437.77 Cash Allocated to Other Funds -$20,821,335.86 DAR -$1,241,572.84 * All2 $20,821,335.86
GF $13,026,048.43 * Accounts Rec Cash Clearing -$138.45 GF-OHV G -$1,590,292.03 * Business License Cash Clearing -$730.75 GF-OHV P $150,293.71 * Cannabis - Bank of the Sierra $599,820.62 GF-PS FD $1,004,197.15 * Checking - Bank of the Sierra $4,467,049.60 GF-PS PD -$842,749.21 * Kern County Investment Pool $4,382,993.32 GF-Str -$1,493,373.50 * Local Agency Investment Fund $10,633,445.21 GF-TDS -$3,062,771.48 * Multi-Bank Securities $735,744.31 Housing -$460,100.88 Utilities Cash Clearing $3,152.00
Restricted Funds $3,881,039.21 Grand Total $0.00
SDI -$113,642.65
Sewer $3,811,413.89
Successor -$151,192.58
Water $8,926,103.03
Grand Total $20,821,335.86
$4,736,278.07 * Represents available general fund related cash balances as of report date P:\City Clerk\COUNCIL MEETING AGENDA PACKETS\2023\07-25-2023\Department Report\Fund Balance Recon 05.31.23 9 July 25, 2023
California City California City
Fund Balance @ 06.30.23 Fund Investment @ 06.30.23
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,212,197.46 * All -$20,333,804.56
Aspen $190,227.53 Cash Allocated to Other Funds -$20,333,804.56 DAR -$1,256,198.75 * All2 $20,333,804.56
GF $12,847,320.31 * Accounts Rec Cash Clearing -$132.95 GF-OHV G -$1,620,423.18 * Business License Cash Clearing -$730.75 GF-OHV P $138,876.51 * Cannabis - Bank of the Sierra $599,820.62 GF-PS FD $975,153.48 * Checking - Bank of the Sierra $3,980,827.09 GF-PS PD -$932,806.92 * Kern County Investment Pool $4,382,993.32 GF-Str -$1,540,870.49 * Local Agency Investment Fund $10,633,445.21 GF-TDS -$3,082,738.76 * Multi-Bank Securities $735,744.31 Housing -$473,870.34 Utilities Cash Clearing $1,837.71
Restricted Funds2 $4,050,812.40 Grand Total $0.00
SDI -$113,642.65
Sewer $3,883,263.87
Successor -$151,192.58
Water $8,632,091.59
Grand Total $20,333,804.56
$4,316,114.74 * Represents available general fund related cash balances as of report date P:\City Clerk\COUNCIL MEETING AGENDA PACKETS\2023\07-25-2023\Department Report\Fund Balance Recon 06.30.23 10 July 25, 2023
14 36
29 36
39 0
10 20
30 40
50 2019 2020 2021 2022 2023
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2019 - 2023
June Part 1 Crimes - as of 07/17/2023
16 27
12 13
17 2019 2020 2021 2022 2023
TOTAL PROPERTY
CRIMES - JUNE
0 0 0 0 0
2019 2020 2021 2022 2023
MURDER-JUNE
22 17
11 14 16
2019 2020 2021 2022 2023
TOTAL VIOLENT
CRIMES - JUNE
JUNE 2023 Stats
MAY 2023 vs JUNE 2023 Up by 18%
Part 1 Crimes May 2023 – 33
Part 1 Crimes June 2023 – 39
11 July 25, 2023
0 1 1
12 2 6 7 4 0
MAY 2023 PART 1 CRIMES
BY AREA
0 0 1 8 1 10 12 7 0
JUNE 2023
PART 1 CRIMES BY
AREA
JUNE 2023 – PATROL STATISTICS
Total Incidents (June): 1686 Total Arrests (June): 42 Felony Arrests: 15 Misd. Arrests: 27 Total Incidents (2023): 9896 Total Arrests (2023): 282 Felony Arrests: 113 Misd. Arrests: 169 Calls for Service (June): 1247 Calls for Service (2023): 7235 Citations Issued (June): 57 Citations Issued (2023): 422 • New Dispatcher, Samantha Burke joined CCPD
• The new Employee Wellness app is launched
• CCPD presented Desiree Thompson’s family with a gift of handcuffs used to arrest the man that killed her.
• Desiree Thompson’s convicted murderer is sentenced to the maximum of 25 years to life. • Cub Scout Pack 413 stopped by to take a tour of the station 12 July 25, 2023
California City Animal Shelter
June 2023 Totals
Fact Jun-23 Jun-22
Total Animals in No Data Collected 55
Adoptions No Data Collected 21
To Rescue Centers No Data Collected 9
Canvassed No Data Collected 82
Warnings Given No Data Collected 33
Return to Owner No Data Collected 14
Euthanized No Data Collected 0
Licenses Issued No Data Collected 26
Citations Issued No Data Collected 3
DOA No Data Collected 8
Dog Bites No Data Collected 1
Farm Animal Pig No Data Collected 0
Escaped No Data Collected 0
Owner Surrendered No Data Collected 2
Calls for Shelter No Data Collected Started logging 7/2022 Abandoned No Data Collected 0
Dumped No Data Collected No Data Collected
Calls PD/Shelter 0 Started logging 7/2022
13 July 25, 2023
Donation Funds Balance
FY 2018-19 $3,800.00
FY 2019-20 $2,895.84
FY 2020-21 $1,280.92
FY 2021-22 $1,977.41
FY 2022-23 $2,363.15
Total: $12,317.32**
**Updated through 7/18/23
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
55 21
9 82
33 14
0 26
3 8
1 0
0 2
0 0
0 0
0 10 20 30 40 50 60 70 80 90
TOTAL ANIMALS IN
TO RESCUE CENTERS
WARNINGS GIVEN
EUTHANIZED
CITATIONS ISSUED
DOG BITES
ESCAPED
CALLS FOR SHELTER
DUMPED
California City Animal Shelter Stats
Jun-22 Jun-23
14 July 25, 2023
Balance on Net Balance on Percent
5/31/2023 Transactions 6/30/2023 of Total
Bank of the Sierra -- General Checking $ 3,609,558 $ (1,524,533) $ 2,085,025 10.31% Bank of the Sierra -- Cannibas Checking $ 599,701 $ - $ 599,701 2.97% Sub-Total Operating Accounts $ 4,209,258 $ (1,524,533) $ 2,684,726 Balance on Net Balance on Percent
5/31/2023 Transactions 6/30/2023 of Total
Local Agency Investment Fund (122) $ 12,351,902 $ - $ 12,351,902 61.09% Kern County Investment Fund (20202) $ 4,455,863 $ - $ 4,455,863 22.04% Multi-Bank Securities (CD Manager) $ 723,273 $ 3,655 $ 726,928 3.60% Sub-Total Investment Accounts $ 17,531,038 $ 3,655 $ 17,534,693 Total City Operating Funds $ 21,740,296 $ (1,520,878) $ 20,219,419 100.00% Checking & CD Accounts 5/31/2023 Net Transactions 6/30/2023 Housing Corp. -- Bank of the Sierra, Checking $ 1,678,092 $ 210,973 $ 1,889,066 88.98% Housing Corp. -- Bank of the Sierra, CD 7653 $ 103,526 $ 412 $ 103,938 4.90% Housing Corp. -- Bank of the Sierra, CD 7654 $ 129,475 $ 532 $ 130,007 6.12% Total Housing Corporation Funds $ 1,911,093 $ 211,917 $ 2,123,010 100.00% Checking & CD Investment Accounts 5/31/2023 Net Transactions 6/30/2023 SDI -- Bank of the Sierra, Checking $ 541,097 $ 1,057 $ 542,155 0.65% SDI -- Bank of the Sierra CD $ 250,000 $ - $ 250,000 0.30% SDI -- US Bank Investments *$ 83,202,797 $ (558,531) $ 82,644,266 99.05% Total SDI Agency Funds $ 83,993,894 $ (557,474) $ 83,436,420 100.00% Checking & Investment Accounts 5/31/2023 Net Transactions 6/30/2023 Successor -- Bank of the Sierra, Checking $ 354,110 $ 291,350 $ 645,460 42.82% RDA/Successor -- US Bank Investments $ 862,083 $ - $ 862,083 57.18% Total Successor Agency Funds $ 1,216,193 $ 291,350 $ 1,507,543 100.00% California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
June 2023
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.
The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.
General Operating Accounts
General Investment Accounts
Restricted Housing Corporation Accounts
Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.
Restricted RDA/Successor Agency Accounts
1 of 2
15 July 25, 2023
INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 5/31/2023 6/30/2023
Beginning Market Value 83,402,308 83,202,797
Ending Market Value 83,202,797 82,644,266
Investment Results (199,511) (558,531)
5/31/2023 6/30/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
5/31/2023 6/30/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
5/31/2023 6/30/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
5/31/2023 6/30/2023
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
Investment Results - -
Total RDA/Successor Investment Assets 862,083 862,083
Total "US Bank" Investment Assets 84,064,880 83,506,349 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE
TREASURER'S MONTHLY REPORT OF INVESTMENT
June 2023
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.
US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL 2 of 2
16 July 25, 2023
LC
17 July 25, 2023
18 July 25, 2023
19 July 25, 2023
20 July 25, 2023
21 July 25, 2023
7/21/23, 4:28 PM Mail - City Clerk - Outlook
https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADBkZTgxM2U2LTk3OWYtNDQ1Zi04ZTZiLWEwYjJmMjY1MDBlZgA… 1/3 The Reduction Plan found in Subsection 3-2.1.504 requires a correction in the Reduction formula consistent with proven mathematical theory
DJ Twohig <[email protected]>
Thu 7/20/2023 5:13 PM
To:City Clerk <[email protected]>;City Manager <[email protected]>;Kelly Kulikoff <[email protected]>;[email protected] <[email protected]>;Karen Macedonio <[email protected]>;Jim Creighton <[email protected]>;Michael Kulikoff <[email protected]>;[email protected] <[email protected]>;'Adrian De Leon' <[email protected]>
Cc:Kerntax <[email protected]>;Laura Dougherty <[email protected]>;[email protected] <[email protected]>;[email protected] <[email protected]> 20 attachments (12 MB)
Measure C Follow up rate Setting (KernTax) MT 220801.pdf; California-City Measure C HJTA primer.pdf; Ex 1 Rate Calculation PROVEN MATHEMATICAL THEORY.pdf; Ex 3 Valid Rate Formula Maximum 2021-22.pdf; Ex 4 22-07-24- Nick Measure C rate reduction summary.xlsx; Ex. 2 Special Parcel Tax Valid Rate Calculation 2022-23.pdf; California City, CA Code of Ordinances 3-2.1 Special Parcel Tax.pdf; California City, CA Code of Ordinances 3-2.8 Cannabis Business Tax.pdf; Measure C ballot Is not binding.docx; RFQ 1 (govt efficiency).pdf; Measure C SPECIAL TAX RATE SETTING AUG.pptx; Public Records Request 8.9.22.pdf; Argument For C .pdf; Measure C Not Binding!.JPG; MDN Taxpayers Deserve Better by Twohig 3.1.23.JPG; Proceedings.JPG; Article XIII D Section 3.JPG; Govt Code Section 50077 (Action 60 days).JPG; Economic Consequences of ST p1.JPG; Economic Consequences of ST p2.JPG;
EXTERNAL MESSAGE: Use caution when clicking links or attachments Attn: City Clerk, Please include this email and all attachments (including each by title) in the AGENDA PACKAGE for review and discussion by sitting Council, include in the official record, attach all to the minutes and distribute as per policy at City Council meeting Tuesday July 25, 2023.
Attn: City Manager Elmes, Mayor Kulikoff and Council,
Good morning all, hope you are well and rested.
In the thread below and attachments, you will find reference/ resources addressing the critical issue of special parcel tax rate setting. This fiscal year rate setting will be watched very carefully. Undeniably, sitting Council and legal Counsel have been given reasonable warnings:
1. Measure C Follow up rate Setting (KernTax) MT 220801
2. Measure C HJTA primer, by Laura Dougherty Legal Director of HJTA
3. Ex 1 Rate Calculation proven mathematical theory (pre rate setting outline).
4. Ex 2 Special Parcel Tax Valid Rate Calculation 2022-23 (*w unverified CBT).
5. Ex 3 Valid Rate Formula Maximum 2021-22 (*w unverified CBT).
6. Ex 4 22-07-24 Nick Measure C rate reduction summary (year end 2021-22 *w unverified CBT)
7. Code of Ordinance 3-2.1
8. Code of Ordinance 3-2.8
9. Measure C is not binding (Recap of subsections 3-2.1.504)
10. MDN Taxpayers Deserve Better by Twohig 3.2.23
11. CM Stockwell RFQ 1 (govt efficiency)
12. Powerpoint: Measure C Special Tax Rate Setting Aug (2022)
13. Proceedings
14. Article XIIID Section 3
15. Govt Code Section 50077 (Action 60 days)
16. Public Records Request 8.9.22
22 July 25, 2023
7/21/23, 4:28 PM Mail - City Clerk - Outlook
https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADBkZTgxM2U2LTk3OWYtNDQ1Zi04ZTZiLWEwYjJmMjY1MDBlZgA… 2/3
17. Economic Consequences of Special Taxes in California City p1, p2
18. Argument in Favor of Measure C (*Including BROKEN PROMISES) Reasonable minds can only conclude, the Special Parcel Tax Dependency Scheme must i) be reduced and ii) must end the plague on assets, pursuant to ballot language and by intent of the agency as arguments described in the ballot measure!
This sitting Council has an opportunity to stop repeating the fiscally insane epic dependency scheme with the corrections necessary to a) reduce the regressive, destructive measure, and b) combining with improving economic policy results URGENTLY!
Thank you for any and all support you can give a) to review the resources, and b) make a finding that the Reduction Plan found in Subsection 3-2.1.504 requires a correction in the Reduction formula.
Recommended Action: Council motion to instruct staff to make the appropriate correction in the Reduction formula necessary. As described in the ballot measure and PROVEN VALID MATHEMATICAL THEORY (and Formula Maximum) analysis provided.
Lastly, the agency can vastly improve culture and professional performances with economic development and attracting job creating industries with super land use and economic policies.
Looking forward to your thoughts, and responsive comments, D.J. Twohig
President/CEO
BIG WEST CORP. & CANNA SYSTEMS CORP.
"Building Better Communities"
Cell/Field #: 951.545.7294
From: DJ Twohig [mailto:[email protected]]
Sent: Sunday, August 7, 2022 5:13 PM
To: 'Douglas Dunford' <[email protected]>; Laura Dougherty <[email protected]> Cc: 'Jeanie O' Laughlin' <[email protected]>; 'Nick Lessenevitch' <[email protected]>; 'Karen Macedonio' <[email protected]>; 'Jim Creighton' <[email protected]>; 'Kelly Kulikoff' <[email protected]> Subject: City Attorney Hung her hat on this subsection C (Cheezy Measure C lies!) Importance: High
Doug,
TRUST is too important! TRUST has been lost so many times over! READ 3-2-1-504 b) and c) again! Read it for yourself!
The facts are irrefutable! The math is irrefutable! Taxpayers are getting hosed by this administration year after year!
Is very disappointing to witness the City Attorney opinions distort the facts to this administration (including the meaning of the Ordinance and language found therein). You can read the ordinance (attached) and discern for yourself, the City Attorney arguments appear to clearly distort the meaning of ordinance and the ballot.
The Council appears set up for big failure by City staff – it is very unfortunate.
D.J. Twohig
President/CEO
BIG WEST CORP. & CANNA SYSTEMS CORP.
23 July 25, 2023
7/21/23, 4:28 PM Mail - City Clerk - Outlook
https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADBkZTgxM2U2LTk3OWYtNDQ1Zi04ZTZiLWEwYjJmMjY1MDBlZgA… 3/3 "Building Better Communities"
Cell/Field #: 951.545.7294
From: DJ Twohig [mailto:[email protected]]
Sent: Thursday, August 4, 2022 2:37 PM
To:
Subject: City Attorney Hung her hat on this subsection C c) For purposes of this section, "new revenue" means the amount calculated by subtracting the "qualified revenue" collected in Fiscal Year 2017-2018 from the "qualified revenue" collected (or projected by the Finance Director to be collected) during the fiscal year immediately prior to the current tax year. For example, for purposes of calculating the rate reduction applicable to the tax levied in Tax Year 2020-2021, "new revenue" would be calculated by subtracting the "qualified revenue" collected in Fiscal Year 2017-2018 from the "qualified revenue" collected in Fiscal Year 2019-2020.
If you go listen to the video, I believe she said this subsection in her mind closed the door on my presentation (which focused on subsection b).
She read the words projected by the Finance Director to be collected and said something like, “Projected could also include delinquent parcels”
NOTE: Subsection C is not referring specifically to … b) the daily per parcel rate reduction shall be the amount, calculated on a per parcel per day basis (and rounded down to the nearest cent), that would be necessary to raise an amount of revenue equal to ninety percent of "new revenue." Rather, Subsection C defines “new revenue” (the top half of the formula)… WOW!!!!!! WOW!!!!
WOW!!!!
WOW!!!!
I warned the Council that the City attorney verbal testimony should be rejected; that she needs to put her position in writing – to be examined and held to a standard including possible malpractice, or else the Council should have rejected her testimony!
City Officials are complicit by not demanding city attorney position in writing! And omission of HJTA analysis, and my analysis and recommendation from the agenda package.
No updates from CBT accounting and tax receipts due July 31st from Quarter ending June 30, 2022! Wow!
D.J. Twohig
President/CEO
BIG WEST CORP. & CANNA SYSTEMS CORP.
"Building Better Communities"
Cell/Field #: 951.545.7294
24 July 25, 2023
CC 1.
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ITEM NO. CC 2.
COUNCIL AGENDA ITEM
July 25, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Chlorine Sensor Probe Replacement for WWTP Facility BACKGROUND/ DISCUSSION: The City operates a disinfected tertiary wastewater treatment facility. The accuracy of current disinfection potential within the tertiary system is critical to meeting state permit discharge standards. The piece of equipment responsible for measuring and sending this information to a control / display unit, the chlorine sensor probe, has reached beyond the end of its average 5-year service cycle.
This average 5-year service cycle is due to the acids the sensor probe is immersed in.
The current sensor probe was installed in 2012 and has lasted 11 years. We were able to extend the service cycle with proper maintenance, cleaning and quarterly inspections done as part of the maintenance program with HACH. However, during the most recent inspection by HACH, it was discovered that the degradation has become too large for the sensor probe to continue giving critical, accurate measurements and readings for much longer.
Therefore, in an effort to be proactive and avoid adverse operating conditions (which could run the risk of non-compliance and/or damage to the overall equipment), these parts were already budgeted for.
Since these parts pertain to the proprietary equipment only available through HACH, we are requesting authorization to purchase a replacement sensor probe from HACH as soon as possible. Thank you.
RECOMMENDATION: Staff recommends the City Council approve the purchase of the aforementioned Chlorine Sensor Probe.
FISCAL IMPACT:
Current Fund Balance: 52-5213-450 $18,000.00
Amount Requested from Fund: $ 2,293.00
Ending Balance: $15,707.00
ATTACHMENTS:
1. HACH Quote
50 July 25, 2023
51 July 25, 2023
COUNCIL AGENDA ITEM
July 25, 2023
PREPARED BY: Latisha Lamberth/Human Resources/Risk Management Director SUBJECT: Council Authorize the City Manager to continue with a Contract with Beauchaine Consulting Group for Human Resource Consulting
BACKGROUND/ DISCUSSION
Staff will conduct salary surveys for positions in the city to ensure they are in line with wages and duties listed. In addition, the Human Resource Director will work with the contractor to provide training to the Manager and Supervisors to reduce turnover and litigation. Staff is requesting for a consultant for up to 10 hours a week as needed.
FISCAL IMPACT
The impact to the budget will be approximately 30,000 and will be paid through special services 10-41-45-310 budget.
RECOMMENDATION
Council authorizes the City Manager to enter into a contract with Beauchaine Consulting Ground for Human Resource Consulting.
ATTACHMENTS
A. Agreement for Services with Beauchaine Consulting Group for Human Services Consulting.
CC 3.
52 July 25, 2023
CITY OF CALIFORNIA CITY
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 1, 2023 by and between the City of California City, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 210000 Hacienda Blvd., California City, California 93505 (“City”), and Beauchaine Consulting Group, LLC., with its principal place of business at 2359 Shamrock Dr, Fortuna, CA 95540 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following Services: Human Resources support (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
The following Scope of Work includes objective and general deliverables to be requested and has been tailored to meet the needs of the City of California City and the key issues associated with the proposed project, as specified in Exhibit “A” entitled Scope of Work.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $30,000 for the project This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 15 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a weekly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder by December 31, 2023. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
53 July 25, 2023
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
54 July 25, 2023
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with 55 July 25, 2023
insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year 56 July 25, 2023
extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage.
If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
k. Indemnification.
a. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with the operations of 57 July 25, 2023
Consultant, Consultant’s officers, officials, directors, employees, agents, volunteers and affiliates and each of them (herein collectively, Consultant), , or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, or willful misconduct, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance. Notwithstanding the above, such indemnification obligation shall not apply to liability arising out of claims made by City employees or employee bargaining units relating to labor negotiations or disciplinary actions, nor to liability arising out of the sole negligence or willful misconduct of the City.
b. City shall indemnify, hold harmless, and defend Consultant, its officers, officials, directors, employees, agents, and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with the acts, errors or omissions of City or any City officer, official, employee, agent or volunteer (herein collectively, City), relating to the performance of this Agreement including active or passive, or strict negligence, or willful misconduct, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of City, for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations.
Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall 58 July 25, 2023
require all subconsultants and sub-subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California. 16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.
City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (10) calendar days’ written notice to City.. 17 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to, and become the property of the City.
18. Organization
Consultant shall assign Aaron Slater as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Attn: Inge Elmes
CONSULTANT:
Beauchaine Consulting Group, LLC
2359 Shamrock Dr.
Fortuna, CA 95540
Attn: Stephanie Beauchaine
59 July 25, 2023
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
60 July 25, 2023
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CALIFORNIA CITY
AND BEAUCHAINE CONSULTING GROUP, LLC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF CALIFORNIA CITY BEAUCHAINE CONSULTING GROUP, LLC.
By: By:
Inge Elmes
Acting City Manager Stephanie Beauchaine
Its: Member/Principal Consultant
Printed Name:
ATTEST:
By:
Socorro Chavez, City Clerk
61 July 25, 2023
EXHIBIT A
Scope of Work
Provide support to the City of California City assisting Human Resources and other departments as needed with strategic, compliant, and best or better practices as attainable in HR and Risk areas. Specific areas of priority support to be performed include:
Compensation Survey/Job Analysis
Supervisor Training Plan/Program
Continued support reducing backlog of litigation claims HR and Risk functions include Recruitment & Selection, Employee & Labor Relations, Classification & Compensation, Performance Management, Benefits, Workers’ Compensation, and Information Systems.
Services will be provided remotely excepting two one-day site visits. 62 July 25, 2023
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a weekly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on what tasks. Consultant will inform City regarding any outof-scope work being performed by Consultant. This is a time-and-materials contract.
Position Billable Rate
Consultant $ 225.00
63 July 25, 2023
ITEM NO. CC 4
COUNCIL AGENDA ITEM
July 25, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Perc Water Quote for 2022 Consumer Confidence Report BACKGROUND/ DISCUSSION:
A Consumer Confidence Report (CCR) also known as a drinking water quality report provides the public with important information about the quality of the local drinking water. The CCR shows the findings of the required water testing and monitoring that is done throughout the year as well as the water source and any possible contaminants.
The CCR is a state requirement for community water suppliers that serve the same people year-round and is to be done on an annual basis. The 2022 report is now due.
Staff has asked Perc Water to present a quote on performing this service. The quote is attached.
Once the report is complete, it will be publicly posted at City Hall as well as distributed to our water users via mail. It will also be available on the City website, or hard copies will be available upon request at City Hall.
FISCAL IMPACT:
Current Fund Balance: 51-5115-310 $16,828.09
Amount Requested from Fund: $ 7,500.00
Ending Balance: $ 9,328.09
RECOMMENDATION: Staff recommends the City Council authorize the City Manager to engage Perc Water to perform the CCR.
ATTACHMENTS:
1. Perc Water Quote
64 July 25, 2023
17520 Newhope Street, Suite 180 Fountain Valley, CA 92708 | Office: 714.352.7750 | Fax: 714.352.7765 | www.percwater.com July 11th, 2023
Joe Barragan
California City
21000 Hacienda Blvd
California City, CA 93505
Re: Creating 2022 Consumer Confidence Report for California City and Wonder Acres Mr. Joe Barragan,
PERC Water is pleased to provide this proposal for the creation of the 2022 Consumer Confidence Report. This report is required by the State Water Resources Control Board and has a defined deadline of June 30th for distribution to the rate payers. PERC Water will utilize the data provided by California City to create a document that is ready to distribute. All required data will be provided by California City. We will work closely with City staff to analyze, refine, and provide recommendations where we see improvements would be beneficial.
PERC Water currently operates and manages several utilities across California, both water and wastewater. Our goal is to provide excellent service. Our ability to scale our scope and meet the unique needs of each client, while delivering efficient, affordable, and innovative solutions. .
Summary of Services
PERC Water will provide a complete Consumer Confidence Report document that is ready to distribute within 60 days of signed contract.
Fee and Compensation
Not to exceed $7,500.
Sincerely,
Daniel Best
Senior Area Operations Manager
65 July 25, 2023
Water and Sewer Rate
Study
City of California City
ROBERT D. NIEHAUS, INC.
JULY 25, 2023
D I 1.
66 July 25, 2023
Agenda Key Assumptions Inflation Customer Growth Water Use Water Financial Plan Proposed Water Rates Sewer Financial Plan Proposed Sewer Rates Next Steps 2 67 July 25, 2023
Inflation Factors 3
~Average of 3.3% increase
per year for water
operating expenses
~Average of 3.5% increase
per year for sewer
operating expenses
3.0%
3.2%
4.5%
5.0%
5.0%
4.5%
7.0%
5.5%
4.5%
3.4%
4.3%
0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0%
Payroll
Other Employee
Utilities
Chemicals
Water Treatment
Wastewater Treatment
Water Purchase
Fuel/Automobile
Construction
Insurance
Overall
68 July 25, 2023
Customer Growth 4
4,762 4,831 4,901 4,972 5,044 5,117 5,191 5,267 5,344 5,422 5,501 0 1,000
2,000
3,000
4,000
5,000
6,000
FY
2023
FY
2024
FY
2025
FY
2026
FY
2027
FY
2028
FY
2029
FY
2030
FY
2031
FY
2032
FY
2033
3/4" 1" 1 1/2" 2" 3" 4" 6" 8"
Water Sewer
4,264 4,290 4,316 4,343 4,370 4,397 4,425 4,453 4,481 4,510 4,539 -
1,000
2,000
3,000
4,000
5,000
FY
2023
FY
2024
FY
2025
FY
2026
FY
2027
FY
2028
FY
2029
FY
2030
FY
2031
FY
2032
FY
2033
Residential Residential + Commerical Restaurants Prison (Bed) 69 July 25, 2023
Water Use 5
938 947 955 964 973 982 991 1,000 1,009 1,019 1,029
-
200
400
600
800
1,000
1,200
FY 2023FY 2024FY 2025FY 2026FY 2027FY 2028FY 2029FY 2030FY 2031FY 2032FY 2033 hcf Thousands
3/4" 1" 1 1/2" 2" 3" 4" 6" 8"
70 July 25, 2023
6 Water Financial
Plan
71 July 25, 2023
Current Water Rates 7
Customer Class Meter Size Monthly Fee
All Customers 3/4" $30.00
1" $70.00
1 1/2" $160.00
2" $270.00
3" $610.00
4" $1,110.00
6" $2,470.00
8" $4,240.00
Fixed Charges Customer Class Tier - Width Unit Cost
3/4" Tier 1 - 6 hcf $0.00
Tier 2 - 3 hcf $5.00
Tier 3 - 6 hcf $1.00
Tier 4 - 10 hcf $2.00
Tier 5 - 15 hcf $3.00
Tier - All Additional hcf $4.00
1" Tier 1-12 hcf $0.00
Tier 2-3 hcf $6.00
Tier 3-10 hcf $1.00
Tier 4-17 hcf $2.00
Tier 5-25 hcf $3.00
Tier 6 - All Additional hcf $4.00
1 1/2" Tier 1-25 hcf $0.00
Tier 2-5 hcf $4.00
Tier 3-20 hcf $1.00
Tier 4-33 hcf $2.00
Tier 5-50 hcf $3.00
Tier 6 - All Additional hcf $4.00
Variable Charges 2" Tier 1-40 hcf $0.00
Tier 2-10 hcf $2.00
Tier 3-30 hcf $1.00
Tier 4-53 hcf $2.00
Tier 5-80 hcf $3.00
Tier 6 - All Additional hcf $4.00
3" Tier 1-90 hcf $0.00
Tier 2-15 hcf $1.00
Tier 3-70 hcf $1.00
Tier 4-117 hcf $2.00
Tier 5-175 hcf $3.00
Tier 6 - All Additional hcf $4.00
4" Tier 1-160 hcf $0.00
Tier 2-30 hcf $1.00
Tier 3-125 hcf $1.00
Tier 4-210 hcf $2.00
Tier 5-315 hcf $3.00
Tier 6 - All Additional hcf $4.00
6" Tier 1-360 hcf $0.00
Tier 2-60 hcf $1.00
Tier 3-280 hcf $1.00
Tier 4-467 hcf $2.00
Tier 5-700 hcf $3.00
Tier 6 - All Additional hcf $4.00
8" Tier 1-620 hcf $0.00
Tier 2-100 hcf $1.00
Tier 3-480 hcf $1.00
Tier 4-800 hcf $2.00
Tier 5-1200 hcf $3.00
Tier 6 - All Additional hcf $4.00
72 July 25, 2023
Revenue Summary 8
Meter Size Customer Count Rate Revenue
3/4" 4481 $30.00 $1,613,160
1" 195 $70.00 $163,800
1 1/2" 21 $160.00 $40,320
2" 43 $270.00 $139,320
3" 1 $610.00 $7,320
4" 12 $1,110.00 $159,840
6" 5 $2,470.00 $148,200
8" 4 $4,240.00 $203,520
Use Category Volume (hcf) Rate Revenue
3/4" - Tier 1 244,900 $0.00 $0
3/4" - Tier 2 71,263 $5.00 $356,315
3/4" - Tier 3 84,361 $1.00 $84,361
3/4" - Tier 4 66,399 $2.00 $132,798
3/4" - Tier 5 39,300 $3.00 $117,900
3/4" - Tier 6 38,676 $4.00 $154,704
1" - Tier 1 19,051 $0.00 $0
1" - Tier 2 $6.00 $8,196 1,366
1" - Tier 3 $1.00 $3,223 3,223
1" - Tier 4 $2.00 $5,394 2,697
1" - Tier 5 $3.00 $4,338 1,446
1" - Tier 6 $4.00 $9,876 2,469
1 1/2" - Tier 1 $0.00 2,065 $0
1 1/2" - Tier 2 $4.00 $1,820 455
1 1/2" - Tier 3 $1.00 $1,196 1,196
1 1/2" - Tier 4 $2.00 $2,032 1,016
1 1/2" - Tier 5 $3.00 $1,923 641
1 1/2" - Tier 6 $4.00 $9,248 2,312
2" - Tier 1 17,808 $0.00 $0
2" - Tier 2 $2.00 $2,734 1,367
2" - Tier 3 $1.00 $4,953 4,953
2" - Tier 4 $2.00 $11,306 5,653
2" - Tier 5 $3.00 $15,345 5,115
2" - Tier 6 17,339 $4.00 $69,356
3" - Tier 1 $0.00 84 $0
3" - Tier 2 $1.00 - $0
3" - Tier 3 $1.00 - $0
3" - Tier 4 $2.00 - $0
3" - Tier 5 $3.00 - $0
3" - Tier 6 $4.00 - $0
4" - Tier 1 18,653 $0.00 $0
4" - Tier 2 $1.00 959 $959
4" - Tier 3 $1.00 $2,158 2,158
4" - Tier 4 $2.00 $1,794 897
4" - Tier 5 $3.00 190 $570
4" - Tier 6 $4.00 - $0
6" - Tier 1 $0.00 2,179 $0
6" - Tier 2 $1.00 390 $390
6" - Tier 3 $1.00 $1,525 1,525
6" - Tier 4 $2.00 $5,040 2,520
6" - Tier 5 $3.00 $8,607 2,869
6" - Tier 6 $4.00 $1,488 372
8" - Tier 1 $0.00 1,762 $0
8" - Tier 2 $1.00 431 $431
8" - Tier 3 $1.00 $1,263 1,263
8" - Tier 4 $2.00 $4,436 2,218
8" - Tier 5 $3.00 $9,303 3,101
8" - Tier 6 261,763 $4.00 $1,047,052
Fixed
54%
Variable
46%
73 July 25, 2023
Operating Budget 9
Assumptions:
• Slight customer growth
• Stable water use
• Current Inflation trends will level out over time
Category FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Total Revenue $4,742,514 $4,783,858 $4,825,782 $4,868,288 $4,911,375 $4,955,044 O&M Expense $5,244,122 $5,441,942 $5,639,260 $5,822,932 $6,012,877 $6,209,323 Inflation 3.8% 3.6% 3.3% 3.3% 3.3%
Net Income (Deficit) ($658,084) ($813,477) ($954,644) ($1,101,503) ($1,254,279) FY 2029 FY 2030 FY 2031 FY 2032 FY 2033
$4,999,296 $5,045,094 $5,091,476 $5,138,442 $5,185,993
$6,412,504 $6,622,666 $6,840,064 $7,064,961 $7,297,632
3.3% 3.3% 3.3% 3.3% 3.3%
($1,413,208) ($1,577,572) ($1,748,588) ($1,926,519) ($2,111,639) 74 July 25, 2023
Other Financial 10
Reserve Policy/Targets
No Policy Included: Cash Balance Water ~$4.3 Million
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 PAYGO Debt Service
75 July 25, 2023
Specific Water Capital Projects 11
76 July 25, 2023
Fund Balance
with No
Adjustment
(Water)
12 -$80
-$70
-$60
-$50
-$40
-$30
-$20
-$10
$0
$10
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions 77 July 25, 2023
Proposed Multi 13 -Year Adjustments
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Recommended Adjustment 68.0% 30.0% 8.0% 8.0% 8.0%
Multiplier 1.68 2.36 2.18 2.55 2.75
Cumulative Adjustment 68.0% 118.4% 135.9% 154.7% 175.1% 78 July 25, 2023
Suggested
Reserve
Policy
14 Operating Reserve:
6 Months Operating ~$3.1 Million in FY
2028
Capital Reserve:
1 year CIP expense average ~$4.5 Million
Emergency Reserve:
2% of Assets ~?
79 July 25, 2023
Fund Balance
with
Adjustment
(Water)
15 $0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions 80 July 25, 2023
Financial
Pro Forma
(Water)
16 Rate Increase 68.0% 30.0% 8.0% 8.0% 8.0%
Rate Month Implemented January July July July July
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Cash Position Opening Balance $ 4,370,839 $ 3,383,599 $ 2,026,491 $ 2,566,598 $ 3,655,818 $ 5,396,726 Revenues
Water Rate Revenue $ 4,557,514 $ 7,721,749 $ 10,124,123 $ 11,028,051 $ 12,013,199 $ 13,086,885 Other Operating Revenue $ 122,000 $ 123,830 $ 125,687 $ 127,573 $ 129,486 $ 131,429 Property Tax $ 63,000 $ 63,749 $ 64,508 $ 65,276 $ 66,055 $ 66,843 Other Non-Operating Revenue -$ -$ -$ -$ -$ -$
Total Revenues $ 4,742,514 $ 7,909,328 $ 10,314,318 $ 11,220,900 $ 12,208,740 $ 13,285,157 Operating Inflation
Operating Expenses $ 5,244,122 $ 5,441,942 $ 5,639,260 $ 5,822,932 $ 6,012,877 $ 6,209,323 Current Debt Service $ 260,132 $ 259,867 $ 259,867 $ 259,867 $ 259,867 $ 259,867 Proposed Debt Service -$ -$ -$ -$ -$ -$
Total Operating and Debt Service $ 5,504,254 $ 5,701,809 $ 5,899,126 $ 6,082,799 $ 6,272,744 $ 6,469,190 Net Revenues $ (761,740) $ 2,207,519 $ 4,415,191 $ 5,138,101 $ 5,935,995 $ 6,815,967 Capital Expenditure $ 225,500 $ 3,564,627 $ 3,875,084 $ 4,048,882 $ 4,195,087 $ 4,346,572 Debt Proceeds Current -$ -$ -$ -$ -$ -$
Debt Proceeds Proposed -$ -$ -$ -$ -$ -$
Grants -$ -$ -$ -$ -$ -$
Cash $ 225,500 $ 3,564,627 $ 3,875,084 $ 4,048,882 $ 4,195,087 $ 4,346,572 Net Income $ (987,240) $ (1,357,108) $ 540,107 $ 1,089,220 $ 1,740,908 $ 2,469,395 Ending Balance $ 3,383,599 $ 2,026,491 $ 2,566,598 $ 3,655,818 $ 5,396,726 $ 7,866,121 DSCR -1.93 9.49 17.99 20.77 23.84 27.23
81 July 25, 2023
Cost of Service (Water) 17
Unit Count of
Units
Customers 4,759
EMs 5,771
Water Use 944,436
Max Month 115,587
Average Day 2,595
Max Day 3,800
Peak Hourly 5,701
Source of
Supply Base MDD PHD Meters Customer
Service
Rate Revenue Requirement $252,107 $3,020,943 $1,403,930 $460,639 $1,430,746 $1,153,384 Units 944,436 944,436 3,800 5,701 5,771 4,759
Unit Cost $0.27 $3.20 $369.42 $80.81 $247.92 $242.36
Customer Class Total Base MDD PHD Meters Customer
Service
Residential $5,445,224 $1,860,032 $822,073 $269,728 $1,218,955 $1,119,211 Non Residential $2,276,525 $1,160,911 $581,857 $190,911 $211,792 $34,173 82 July 25, 2023
18 Proposed Water
Rates
83 July 25, 2023
Rate Design (Water Option 1) 19
Customer Class Cost of
Service Variable Percent Fixed Percent
Residential $5,445,224 $1,247,026 22.9% $4,198,198 77.1% Non Residential $2,276,525 $869,650 38.2% $1,406,875 61.8% Total $7,721,749 $2,116,676 27.4% $5,605,073 72.6%
Meter Size Res Non-Res
3/4" $54.79 $97.61
1" $77.97 $149.48
1 1/2" $135.39 $278.00
2" $204.58 $432.83
3" $366.12 $794.38
4" $596.86 $1,310.75
6" $1,173.17 $2,600.54
8" $1,865.02 $4,148.90
Variable rate includes all water use
Customer Class Variable Rate
(hcf)
Residential $3.93
Non Residential $3.99
84 July 25, 2023
Proposed Rates (Water Option 1) 20
Customer
Class Current FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Res 68% 30% 8% 8% 8%
3/4" $30.00 $54.79 $71.23 $76.92 $83.08 $89.72
1" $70.00 $77.97 $101.36 $109.46 $118.22 $127.68
1 1/2" $160.00 $135.39 $176.01 $190.09 $205.29 $221.72
2" $270.00 $204.58 $265.95 $287.22 $310.20 $335.02
3" $610.00 $366.12 $475.96 $514.04 $555.16 $599.57
4" $1,110.00 $596.86 $775.91 $837.98 $905.02 $977.43
6" $2,470.00 $1,173.17 $1,525.12 $1,647.13 $1,778.90 $1,921.21 8" $4,240.00 $1,865.02 $2,424.53 $2,618.49 $2,827.97 $3,054.20 Non-Res
3/4" $30.00 $97.61 $126.90 $137.05 $148.01 $159.86
1" $70.00 $149.48 $194.33 $209.88 $226.67 $244.80
1 1/2" $160.00 $278.00 $361.40 $390.31 $421.53 $455.26
2" $270.00 $432.83 $562.68 $607.70 $656.32 $708.82
3" $610.00 $794.38 $1,032.69 $1,115.30 $1,204.53 $1,300.89 4" $1,110.00 $1,310.75 $1,703.98 $1,840.30 $1,987.52 $2,146.52 6" $2,470.00 $2,600.54 $3,380.70 $3,651.16 $3,943.25 $4,258.71 8" $4,240.00 $4,148.90 $5,393.57 $5,825.05 $6,291.06 $6,794.34 Customer Class FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
All Use per hcf 68.0% 30.0% 8.0% 8.0% 8.0%
Residential $3.93 $5.11 $5.52 $5.96 $6.44
Non Residential $3.99 $5.19 $5.60 $6.05 $6.53
Meter Size Pre-COVID
3/4" $54.28
1" $90.66
1 1/2" $180.74
2" $289.29
3" $633.44
4" $1,139.84
6" $2,533.06
8" $4,342.26
Tier Rate
Tier 1 $0.00
Tier 2 $1.26
Tier 3 $2.64
Tier 4 $3.33
Tier 5 $4.02
Pre-COVID
Variable Rates
85 July 25, 2023
Rate Design (Water Option 2) 21
Variable rate includes all water use
Customer Class Variable Rate
(hcf)
Residential $5.34
Non Residential $5.59
Meter Size Res Non-Res
3/4" $40.86 $40.86
1" $54.70 $54.70
1 1/2" $88.99 $88.99
2" $130.31 $130.31
3" $226.79 $226.79
4" $364.59 $364.59
6" $708.78 $708.78
8" $1,121.97 $1,121.97
Customer Class Cost of
Service Variable Percent Fixed Percent
Residential $5,445,224 $3,107,058 57.1% $2,338,166 42.9% Non Residential $2,276,525 $2,030,561 89.2% $245,964 10.8% Total $7,721,749 $5,137,619 66.5% $2,584,130 33.5%
86 July 25, 2023
Proposed Rates (Water Option 2) 22
Meter Size Pre-COVID
3/4" $54.28
1" $90.66
1 1/2" $180.74
2" $289.29
3" $633.44
4" $1,139.84
6" $2,533.06
8" $4,342.26
Tier Rate
Tier 1 $0.00
Tier 2 $1.26
Tier 3 $2.64
Tier 4 $3.33
Tier 5 $4.02
Pre-COVID
Variable Rates
Customer
Class Current FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Res 68% 30% 8% 8% 8%
3/4" $30.00 $40.86 $53.11 $57.36 $61.95 $66.91
1" $70.00 $54.70 $71.11 $76.80 $82.94 $89.57
1 1/2" $160.00 $88.99 $115.69 $124.95 $134.94 $145.74
2" $270.00 $130.31 $169.41 $182.96 $197.60 $213.40
3" $610.00 $226.79 $294.83 $318.42 $343.89 $371.40
4" $1,110.00 $364.59 $473.97 $511.89 $552.84 $597.07
6" $2,470.00 $708.78 $921.42 $995.13 $1,074.74 $1,160.72 8" $4,240.00 $1,121.97 $1,458.57 $1,575.25 $1,701.27 $1,837.37 Non-Res
3/4" $30.00 $40.86 $53.11 $57.36 $61.95 $66.91
1" $70.00 $54.70 $71.11 $76.80 $82.94 $89.57
1 1/2" $160.00 $88.99 $115.69 $124.95 $134.94 $145.74
2" $270.00 $130.31 $169.41 $182.96 $197.60 $213.40
3" $610.00 $226.79 $294.83 $318.42 $343.89 $371.40
4" $1,110.00 $364.59 $473.97 $511.89 $552.84 $597.07
6" $2,470.00 $708.78 $921.42 $995.13 $1,074.74 $1,160.72 8" $4,240.00 $1,121.97 $1,458.57 $1,575.25 $1,701.27 $1,837.37 Customer Class FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
All Use (per hcf) 68.0% 30.0% 8.0% 8.0% 8.0%
Residential $5.34 $6.94 $7.50 $8.10 $8.74
Non Residential $5.59 $7.27 $7.85 $8.48 $9.15
87 July 25, 2023
23 Sewer Financial
Plan
88 July 25, 2023
Current Rates Sewer 24
Customer Class Annual Fee
Residential $40.00
Residential + $10.00
Commerical $0.00
Restaurants $0.00
Prison (Bed) $21.41
Sewage Truck $0.00
Fixed Charges
Customer Class Tier - Width Unit Cost
Residential All Use $0.00
Residential + All Use $0.00
Commerical All Use $2.88
Restaurants All Use $4.13
Prison (Bed) All Use $1.50
Sewage Truck All Use $5.00
Variable Charges
89 July 25, 2023
Revenue Summary 25
Fixed
78%
Variable
22%
Customer Class Customer Count Rate Revenue
Residential $40.00 $700,320 1,459
Residential + $10.00 $28,680 239
Commerical $0.00 61 $0
Restaurants $0.00 5 $0
Prison (Bed) $21.41 $642,300 2,500
Sewage Truck $0.00 - $0
Use Category Volume (hcf) Rate Revenue
Residential $0.00 - $0
Residential + $0.00 - $0
Commerical 42,334 $2.88 $121,922
Restaurants $4.13 $9,619 2,329
Prison (Bed) 172,712 $1.50 $259,068
Sewage Truck $5.00 - $0
90 July 25, 2023
Operating Budget 26
Assumptions:
• Slight customer growth
• Stable sewer flows
• Current Inflation trends will level out over time
Category FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Total Revenue $1,780,909 $1,792,257 $1,803,610 $1,815,450 $1,827,295 $1,839,146 O&M Expense $1,430,350 $1,486,962 $1,543,432 $1,594,053 $1,646,424 $1,700,608 Inflation 4.0% 3.8% 3.3% 3.3% 3.3%
Net Income (Deficit) $305,295 $260,178 $221,396 $180,871 $138,538 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033
$1,851,483 $1,863,826 $1,876,175 $1,889,011 $1,901,853
$1,756,671 $1,814,683 $1,874,715 $1,936,842 $2,001,140
3.3% 3.3% 3.3% 3.3% 3.3%
$94,812 $49,143 $1,460 ($47,831) ($99,287)
91 July 25, 2023
Other Financial 27
Reserve Policy/Targets
No Policy Included: Cash Balance Sewer ~$4.0 Million
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 PAYGO Debt Service
92 July 25, 2023
Specific Sewer Capital Projects 28
Facility Project Timeline Cost
WWTF Headworks Upgrade
(fine screens and grit removal)
Immediate $1,000,000
WWTF Biolac Conversion of Aeration
Ponds
Immediate $1,500,000
WWTF Additional 10-acre Disposal
Pond
Immediate $1,000,000 (City staff
construction)
WWTF Secondary Disinfection &
Holding Tank (discharge to
pond)
Immediate $1,000,000
WWTF Sludge Dewatering Screw
Press
5-10 years $1,000,000
WWTF Demolition of Tertiary
Treatment Facilities
5-10 years $150,000
TOTAL $5,650,000
93 July 25, 2023
Fund Balance
with No
Adjustment
(Sewer)
29 -$4.0
-$3.0
-$2.0
-$1.0
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions 94 July 25, 2023
Proposed Multi-Year Adjustments 30
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Recommended Adjustment 6.0% 6.0% 6.0% 6.0% 6.0%
Multiplier 1.06 1.19 1.12 1.26 1.34
Cumulative Adjustment 6.0% 12.4% 19.1% 26.2% 33.8%
95 July 25, 2023
Suggested
Reserve Policy
31 Operating Reserve:
6 Months Operating ~$850,000 in FY 2028
Capital Reserve:
1 year CIP expense average ~$0.6 Million
Emergency Reserve:
2% of Assets ~?
96 July 25, 2023
Fund
Balance
with
Adjustment
32 $0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions 97 July 25, 2023
Financial
Pro Forma
(Sewer)
33 Rate Increase 6.0% 6.0% 6.0% 6.0% 6.0%
Rate Month Implemented January July July July July
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Cash Position Opening Balance $ 3,977,079 $ 4,005,463 $ 3,361,661 $ 2,744,691 $ 2,167,342 $ 1,643,729 Revenues
Sewer Rate Revenue $ 1,761,909 $ 1,879,326 $ 2,004,490 $ 2,138,480 $ 2,281,332 $ 2,433,628 Other Operating Revenue $ 12,000 $ 12,240 $ 12,485 $ 12,734 $ 12,989 $ 13,249 Property Tax $ 7,000 $ 7,068 $ 7,137 $ 7,206 $ 7,277 $ 7,348 Other Non-Operating Revenue -$ -$ -$ -$ -$ -$
Total Revenues $ 1,780,909 $ 1,898,634 $ 2,024,111 $ 2,158,420 $ 2,301,598 $ 2,454,225 Operating Inflation 4.0% 3.8% 3.3% 3.3% 3.3%
Operating Expenses $ 1,430,350 $ 1,486,962 $ 1,543,432 $ 1,594,053 $ 1,646,424 $ 1,700,608 Current Debt Service $ 112,175 $ 115,109 $ 115,109 $ 115,109 $ 115,109 $ 115,109 Proposed Debt Service -$ -$ -$ -$ -$ -$
Total Operating and Debt Service $ 1,542,525 $ 1,602,071 $ 1,658,541 $ 1,709,162 $ 1,761,533 $ 1,815,716 Net Revenues $ 238,384 $ 296,563 $ 365,571 $ 449,258 $ 540,065 $ 638,509 Capital Expenditure $ 210,000 $ 940,365 $ 982,540 $ 1,026,607 $ 1,063,678 $ 1,102,088 Debt Proceeds Current -$ -$ -$ -$ -$ -$
Debt Proceeds Proposed -$ -$ -$ -$ -$ -$
Grants -$ -$ -$ -$ -$ -$
Cash $ 210,000 $ 940,365 $ 982,540 $ 1,026,607 $ 1,063,678 $ 1,102,088 Net Income $ 28,384 $ (643,802) $ (616,970) $ (577,349) $ (523,613) $ (463,579) Interest Adjustment -$ -$ -$ -$ -$ -$
Ending Balance $ 4,005,463 $ 3,361,661 $ 2,744,691 $ 2,167,342 $ 1,643,729 $ 1,180,151 98 July 25, 2023
Cost of Service (Sewer) 34
Unit Count of
Units
Customers 1,526
Units 4,264
Flow 352,683
BOD 562,862
TSS 543,832
Volume BOD TSS Sewer Service
Rate Revenue Requirement $810,563 $405,281 $405,281 $258,200 Units 352,683 562,862 543,832 1,526
Unit Cost $2.30 $0.72 $0.75 $169.20
Customer
Class Total Volume BOD TSS Sewer Service
SFR $709,087 $261,599 $102,329 $105,909 $239,249
MFR $96,295 $49,376 $19,314 $19,990 $7,614
Commercial $148,111 $97,295 $24,738 $15,756 $10,321
Restaurants $23,169 $5,353 $10,469 $6,501 $846
Prison $902,665 $396,940 $248,431 $257,124 $169
99 July 25, 2023
35 Proposed Sewer
Rates
100 July 25, 2023
Rate Design (Sewer) 36
Truck rates based on 5x residential sewer strength
Customer
Class
Cost of
Service
Fixed
Units
Fixed Cost
per Unit
Variable
Units
Variable
Cost per
Unit
Fixed Percent
SFR $709,087 1,414 $501.48 113,824 $0.00 $373,332 52.6% MFR $96,295 $339.07 21,484 284 $0.00 $59,697 62.0%
Commercial $148,111 $0.00 42,334 61 $3.50 $98,141 66.3% Restaurants $23,169 5 $0.00 2,329 $9.95 $5,522 23.8%
Prison $902,665 2,500 $259.95 172,712 $1.46 $396,940 44.0% Customer Class Fixed
Charge
Variable
Charge
SFR $41.79 $0.00
MFR $28.26 $0.00
Commercial $0.00 $3.50
Restaurants $0.00 $9.95
Prison $21.66 $1.46
Sewage Truck (100 gallons) $0.00 $14.10
101 July 25, 2023
Proposed Rates (Sewer) 37
Customer Class Current FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Fixed Charge 6% 6% 6% 6% 6%
SFR $40.00 $41.79 $44.30 $46.95 $49.77 $52.76
MFR $10.00 $28.26 $29.95 $31.75 $33.65 $35.67
Commercial $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Restaurants $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Prison $21.41 $21.66 $22.96 $24.34 $25.80 $27.35
Customer Class Current FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Variable Charge 6% 6% 6% 6% 6%
SFR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
MFR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Commercial $2.88 $3.50 $3.71 $3.93 $4.17 $4.42
Restaurants $4.13 $9.95 $10.54 $11.18 $11.85 $12.56
Prison $1.50 $1.46 $1.55 $1.64 $1.74 $1.85
Sewage Truck (100 gallons) $5.00 $14.10 $14.95 $15.84 $16.79 $17.80 Customer Class Fixed Rate
SFR $52.43
MFR $52.43
Commercial $0.00
Resturant $0.00
Prison $21.41
Pre-COVID
Customer Class Variable Rate
SFR $0.00
MFR $0.00
Commercial $2.88
Resturant $4.13
Prison $1.50
Pre-COVID
102 July 25, 2023
Moving Forward
38 103 July 25, 2023
Proposition 218 Process 39
1. Adopt recommendations
2. Provide 45-day notice
3. Rate Hearing
a. Customers given chance to protest
4. Rates implemented
104 July 25, 2023
40 Thank You
105 July 25, 2023
CB 1.
COUNCIL AGENDA ITEM
JULY 25, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: Special Tax Discussion
BACKGROUND/DISCUSSION
The council has requested that dedicated time be brought forward at every council meeting to discuss the special tax.
Please refer to the timelines for the ballot measures:
• The next time to do an election will be consolidated in the Presidential primary election of March 5, 2024.
• Final delivery dates for a Resolution for the March election are still being determined but will likely be early October. Should be 88 days prior to election. • There is a 30-day certification for March election, so this will be around April 2.
RECOMMENDATION
Staff is recommending open discussion from the council based on timelines above. 106 July 25, 2023
ITEM NO. CB 2
COUNCIL AGENDA ITEM
July 25, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Update to the Master Fee Schedule
BACKGROUND/ DISCUSSION: The City’s Master Fee Schedule has been updated, per council’s request. Changes are in color; Red & Blue.
FISCAL IMPACT: The fees in the Master Fee Schedule are for the cost of services.
The goal is that the services provided by city staff will be supported by these fees and not the general fund. The adoption of this new updated Master Fee Schedule is to lower the level of impact on the general fund subsidization.
RECOMMENDATION: Staff recommends the City Council approve the DRAFT updated Master Fee Schedule.
ATTACHMENTS:
1. 2023 Updated DRAFT Master Fee Schedule
107 July 25, 2023
California City
Master Fee Schedule
August 1, 2023
(Effective Date August 1, 2023 - City Council Resolution Number ) 108 July 25, 2023
MASTER FEE SCHEDULE
TABLE OF CONTENTS
SECTIONS PAGE
SECTION 1: ADMINISTRATIVE SERVICES FEES……………………………….……… 3 SECTION 2: PLANNING DEVELOPMENT FEES……………………………….…… 4 & 5 SECTION 3: BUILDING DEPARTMENT FEES…………………………………….… 6 & 7 SECTION 4: PUBLIC WORKS DEPARTMENT FEES…………………………….…….. 8 SECTION 5: WATER UTILITY SERVICES FEES…………………………………….….. 9 SECTION 6: WATER UTILITY PAYMENTS FEES……………………………………… 10 SECTION 7: WASTEWATER UTILITY PAYMENTS FEES…………….……………….11 SECTION 8: AIRPORT SERVICES FEES……………………………….………………..12 SECTION 9: DIAL-A-RIDE SERVICES FEES…………………………….………………13 SECTION 10: RECREATION SERVICES FEES………………………….…………….. 14 SECTION 11: TIERRA DEL SOL GOLF SERVICES FEES……………….……...15 & 16 SECTION 12: FIRE DEPARTMENT FEES………………………………….…………17-20
CODE ENFORCEMENT FEES………………………………..……………21
SECTION 13: POLICE DEPARTMENT FEES………….…………………………..22 & 23 ANIMAL CONTROL FEES…………………………....……………...23 & 24
SECTION 14: OHV DEPARTMENT FEES…………………………………….…………. 25
SECTION 15: CANNABIS FEES……………………….…………………………………………… 26 Table of Contents Page 2 of 26
109 July 25, 2023
SECTION 1
ADMINISTRATIVE SERVICES FEES
Inge Elmes
Acting City Manager
APPLICATION TITLE FEE NOTES
City Clerk Fees
Notary $ 15.00 per Signature
Notary Copies $ 0.25 per Page for Black and White Copies (8½” x 11”) Notary Larger and color copies $ 1.00 per Page
Ordain Services $ 250.00 per Event
City Public Area Permit $250.00 per Day/Event (City Hall Chambers) for Non-City Events
City Clerk Services-Chamber Events $ 60.00 per Hour Needed (Non-City Events) This includes Set Up, Clerk Assistance (Sound, etc.), Preclude Event)
Permit Filing Fee $ 25.00 per Permit, per Event, per Location Permit Compliance Review $ 250.00 per Permit. Review and validate permit (Active, Inactive, On-going) per City of California City Municipal Code Section 7-4.608
Special Event Permit + (SOR**) $ 500.00 May be additional permits required by Fire or Police (Non-City Events)
Notice of intent to circulate petition $ 200.00
Business License $ 125.00 $150.00 Annual (Gross Income > $10,000) +DSA Fee**
$ 50.00 $ 75.00 Annual (Gross Income < $10,000) +DSA
Fee**
$ 25.00 Daily +DSA Fee**
$ 10.00 Non-Profit or Event Vendor +DSA Fee**
**DSA Fee – Division of the State Architect (Varies - set yearly by the State) **SOR – Statement of Requirements
Finance Fees
NSF Returned Check $ 25.00
NSF Subsequent Checks $ 35.00
Miscellaneous Fees
State Revolving Fund $ 1.00
Sales & Use Tax 1%
Transient Occupancy Tax 6%
CATV Franchise Fee 2% of gross but no less than $120 per year Filming Permit Fees
City Public Areas Permit
City Location Film Permit $ 1,250.00 per Day, per Location. Plus, any fees charged by Fire, PD and/or Streets Public Works Departments.
This is a correction to a typo from the last Master Fee from 08.01.2020. It was typed as $250.00 and should have been $1,250.00 to match the original fee listed in Section 8. ***Airport Filming Permit Fees – See Section 8
Section 1: Administrative Services Fees Page 3 of 26
110 July 25, 2023
SECTION 2
PLANNING DEVELOPMENT FEES
APPLICATION TITLE FEE NOTES
Annexation
Processing Fee $ 2,500.00 (see note A)
Conditional Use Permit (CUP)
Residential - Proposed (fences, signs) $ 750.00 (see note B) Minor $ 842.00 (see note C)
Moderate $ 1,414.00 (see note D)
Major $ 2,061.00 (see note E)
Planned Development $ 2,443.00 (see note F)
Environmental Review (CEQA)
Environmental Impact Review Varies (see note G)
Environmental Review Varies (see note H)
(by professionals other than city staff)
Notice of Determination Varies, Actual cost + 10% State Fee (prepared by City Staff)
Negative Declaration $ 68.00 per Hour (see note I)
(Review City Staff)
Notice of Exemption $ 100.00
General Plan Amendment and Zone Change (GPA and ZC)
General Plan Amendment $ 1,526.00 (see note J)
Zone Change $ 2,066.00 (see note J)
Zone Change-Planned Development $ 2,257.00 (see note J) Miscellaneous Applications
Amendment to Conditions of Approval $ 652.00 (see note K) (Appealed conditions and time extensions)
Appeals to the City Council $ 461.00 (see note K)
Appeals to the Planning Commission $ 381.00 (see note L) (reviewed by City Staff)
Certificate of Compliance $ 381.00
Small Residential Day Care No Charge (1-8 Children)
Large Residential Day Care $ 120.00 (9-14 Children)
Development Improvement Inspection Varies, 1% - 2%
Final Map Check Fee $ 68.00 per Hour
Final Parcel Map Processing $ 762.00 (see note M)
Final Subdivision Map Processing $ 1,144.00 (see note M) Lot Line Adjustment/Merger $ 375.00 (see note N)
Plan Check Fee $ 68.00 per Hour
Site Plan Review (SPR)
Minor (Business/Existing Building) $ 750.00 $250.00 (see note N) Major $ 250.00 $750.00 (see note N)
(Existing Business, Ownership Change, etc.)
Remodel $ 1,065.00 (see note N)
Multi-Family Residential $ 1,545.00 (see note N)
Commercial $ 1,865.00 (see note N)
Industrial $ 1,865.00 (see note N)
Section 2: Planning Development Fees Page 4 of 26
111 July 25, 2023
SECTION 2
PLANNING DEVELOPMENT FEES
APPLICATION TITLE FEE NOTES
Specific Plan
Processing Fee Varies, cost plus 10% (see note F)
Deposit Required $ 5,000.00 (see note O)
Subdivisions
Tentative Parcel Map $ 1,414.00 (see note J)
Tentative Tract Map $ 1,814.00 + $30.00 per Lot (see note J)
NOTES:
A. Annexation processing and deposit fee shall be used towards staff time, materials, and any State or LAFCO fees incurred. All costs are paid by the applicant.
B. A residential CUP is for signs, fencing, etc. in a residential zone district. This category does not include residential dwelling units.
C. A minor CUP is for an existing building/project site for which a permit is required for a particular use in that zone district and no exterior structural changes are made to the building.
D. A moderate CUP is for a project for which a Use Permit is required and there are some exterior changes that will be made to an existing building or site.
E. A major CUP is for a project requiring a Use Permit and Site Plan Review on an undeveloped parcel.
F. If two or more applications are submitted concurrently and are related to the same project, the highest cost application fee is charged at the regular fee and each additional application is charged at 50% of the regular fee. This excludes CUP’s associated with Site Plan Review.
G. Varies. Actual cost plus 10%
H. Varies. Actual cost, plus 10% deposit of scope of work. If the review process exceeds first 10% scope of work deposit, an additional 10% scope of work deposit(s) will be required until review process is complete.
I. $68.00 per hour with a $500.00 deposit.
J. If two or more applications are submitted concurrently and related to the same project, the highest cost application fee is charged at the regular fee and each additional application is charged at 50% of the regular fee.
K. Public hearing required.
L. No public hearing required.
M. This does not include map checking fees.
N. All applications which require review by professionals outside the City Planning Division will be billed to the project applicant at 100% of the cost, plus an administrative fee of 10% of the billed amount. A $1,000.00 deposit is required.
N.O. All Specific Plan Applications which require review by professionals outside the City Planning Division will be billed to the project applicant at 100% of the cost, plus an administrative fee of 10% of the billed amount. A $5,000.00 deposit is required. If the $5,000.00 deposit reaches a 90% usage, a review of the project at that point will determine the next deposit amount before any other services/permits are rendered.
Section 2: Planning Development Fees Page 5 of 26
112 July 25, 2023
SECTION 3
BUILDING DEPARTMENT FEES
Joe Barragan
Public Works Director
APPLICATION TITLE FEE NOTES
Minimum Permit Fee $ 56.00 Building, electric, mechanical & plumbing Minimum Plan Review Fee $ 100.00 All building permits that require plan review Application Fees $ 46.00 Building, electric, mechanical & plumbing Plan Revisions $ 40.00 $100.00 + $75.00 per Hr. after first one-half hr.
Demolition Permit $ 150.00 + $46.00 application fee + SB 1473 fee Temporary Certificate of Occupancy $ 105.00 per First 30-day period Re-Inspection Fees $ 70.00 $150.00
Sign Permit $ 215.00 + $46.00 application fee + SB 1473 fee (Plus, Electrical permit if required)
Sign Permit: copy change only $ 52.00 $56.00 +$46.00 application fee+ SB 1473 fee Driveways $ 218.00
Expired Permit: To Reissue-Min Fee $ 120.00 + $46 application fee + SB 1473 fee Building Permit Fees-Based on most recent edition of the ICC International Code Council Building Valuation Data –2016 2022 or most current*
Mobile Home Installation Inspection $ 56.00
Construction Trash Deposit $ 500.00 Deposit Refunded with Dump Receipt Construction without Permit Penalty
Residential $ 500.00 or double the permit fee whichever is greater Commercial/Industrial $1,000.00 or double the permit fee whichever is greater Unless otherwise noted, plan review fees are based upon 65% of the building permit fee. Review of Masterplan Set Fees will be calculated at 16.75% of the building permit fee. Additional plan review fees for outsourced structural review may be required. (+ Actual Cost)
The Strong Motion Seismic Hazard Mapping Fee (SMIP) is calculated at .0001% of total valuation for residential construction and at .00021% for commercial construction. This fee is required for new construction or when there is a change to the lateral load resistance elements of a structure.
The Senate Bill 1473 (Green Building Standards) fee is assessed at $1.00 per each $25,000 or portion thereof. *ICC Valuation for shell only buildings will be estimated at 80% of total building valuation based on occupancy type.
Residential/Commercial Re-Models will be estimated at 50% of total building valuation based on occupancy type.
MISCELLANEOUS APPLICATIONS / FEES
Amendment to Conditions of Approval $ 650.00 Public hearing required (Appealed conditions, time extensions)
Appeals to the City Council $ 450.00 Public hearing required Plan Check Fee $ 65.00 per Hour
Section 3: Building Department Fees Page 6 of 26
113 July 25, 2023
SECTION 3
BUILDING DEPARTMENT FEES
HOW BUILDING AND PLANNING PERMIT FEES ARE USED
When you obtain a building or planning permit, fees will be charged to cover the cost of:
1. Plan checking in the office.
2. Field inspections before and during construction
3. Service and capital improvements in your neighborhood and the surrounding areas
4. Covers the time staff spends in checking your project against:
A. The applicable Zoning Regulations such as land use, setbacks, and height B. Referencing General Plan maps detailing environmental concerns, such as stream beds, flood plains, rare and endangered plants or animals, and potential hazards from earthquakes or fires.
Section 3: Building Department Fees Page 7 of 26
114 July 25, 2023
SECTION 4
PUBLIC WORKS DEPARTMENT FEES
Joe Barragan
Public Works Director
APPLICATION TITLE FEE NOTES
Fire Hydrant Meter Application Fee +Deposit (Private Meter) $ 50.00 Deposit $ 500 Fire Hydrant Meter Application Fee +Deposit (City Meter) $ 50.00 Deposit $1,500 Fire Hydrant Minimum Monthly Charge $ 25.00 Each Month
(No Water Used while the meter is in Vendor’s Possession) Fire Hydrant Reading Not Reported On-Time Penalty $ 75.00 per Occurrence Construction Water - 0.0585 per c.f. – 0.00782 per gallon $ 5.85 per 100 Cubic Feet Inspection Fee-Water truck, Water tank, etc. $ 55.00
Back Flow Prevention Devices-Labor, Materials & Certification Fee Actual Cost + 10% Well Permits + Deposit ($1,000) $ 274.00
Testing and Sampling Actual Cost
Encroachment Permits
Encroachment Permit Review Cost - Deposit $ 250.00
Excessive Encroachment Permit Inspections $ 112.00
Concrete, sidewalk, curb & gutter 25 LF or less $ 218.00 Concrete, sidewalk, curb & gutter >25 & <100 LF $ 274.00 Concrete, sidewalk, curb & gutter >100 & <300 LF $ 330.00 Concrete, sidewalk, curb & gutter >300 & <500 LF $ 386.00 Concrete, sidewalk, curb & gutter >500 LF 2% of cost
AC or PCC Pavement 1000 SF or less $ 274.00
AC or PCC Pavement 1001 to 3000 SF $ 330.00
AC or PCC Pavement 3001 to 6000 SF $ 386.00
AC or PCC Pavement 6001 to 10,000 SF $ 442.00
AC or PCC Pavement >10,000 SF 2% of cost
Excavation outside pavement 200 LF or less $ 100.00
Excavation outside pavement > 200 LF $ 162.00
** For Each Additional Foot over 200 feet 0.18 will be charged per foot Excavation inside pavement 100 LF or less $ 240.00
Excavation inside pavement 101 to 500 LF $ 274.00
Excavation inside pavement 501 to 1000 LF $ 312.00
Excavation inside pavement 1001 to 1500 LF $ 356.00
Excavation inside pavement 1501 to 3000 LF $ 390.00
Excavation inside pavement >3000 LF $ 487.00
AC Repair
0-25 SF $ 312.50
26-50 SF $ 500.00
51-75 SF $ 637.50
76-100 SF $ 700.00
101-200 SF $1,000.00
Non-Construction Permits within Right-of-Way $ 56.00
Waterline Repairs (Customer Side)
Two-hour minimum Customer Requested Repairs plus parts and labor $ 75.00 per Hour (2 Hour Minimum). (can be charged to water account)
After Hours Service Calls $ 95.00 per Hour
Section 4: Public Works Department Fees Page 8 of 26
115 July 25, 2023
SECTION 5
WATER UTILITY SERVICES FEES
Joe Barragan
Public Works Director
WATER SERVICE LINE INSTALLATION:
The customer shall pay for all costs of the water service installation including, but not limited to the pipe, service tap, meter box, meter valves, hydrants, labor, trenching, backfilling, patching and Administrative costs from the nearest main to the customer’s property line in accordance with City standards and specifications. The applicant may have the City Water Department personnel install the service line based on the fee schedule set forth or may elect to hire a qualified contractor to perform this work, except that only City Water Department personnel may make the water main tap and install the water meter. For new residential dwellings, the connection fee and impact fee for water service are currently being waived for water and sewer connections. (Standard Flow Meter with Orian ERT Only)
Fee Schedule 3/4” 1” 1-1/2” 2” Over 2”_
New Service
Fees LS $2,150 $2,150 $2,450 $2,950 Actual Cost
SS $1,450 $1,450 $1,950 $2,450 Actual Cost
New Meter
Fees $ 319 $ 675 $ 850 $ 982 Actual Cost + 10%
Meter Relocation (Relocation)
Fees $ 850 $ 850 $1,050 $1,250 Actual Cost
Remove Water Service
Fees $ 400 $ 400 $ 450 $ 550 Actual Cost
Water Main Tap
Fees $ 140 $ 155 $ 180 $ 255 Actual Cost
APPLICATION TITLE FEE NOTES
NEW SERVICE CONNECTION FEES
3/4" Meter $ 319.00 Residential Only
1" Meter $ 675.00
1/1/2" Meter $ 850.00
2" Meter $ 982.00
> 2" Meter Actual Cost of Meter + 10%
WATER UTILITY SERVICE FEES
Security Deposit Temp Connection $ 160.00 i.e., Home Inspections New Account Deposit (Each Account) $ 70.00
New Account Application Fee (Each Account) $ 50.00
Late Payment Fee $ 10.00 OR 10% of amount owed -
Whichever is Greater
Door Hangers $ 20.00
Turn-on/off (8:30am/4pm) $ 50.00
Turn-on/off after Hours $ 80.00
Water Meter Tampering Fee $ 500.00 1st Offense
Water Meter Tampering Fee $ 1,000.00 Each Offense After Water Meter Tests $ 50.00 Customer Requested
Section 5: Water Utility Services Fees Page 9 of 26
116 July 25, 2023
SECTION 6
WATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
MONTHLY WATER SERVICE PAYMENTS FEES:
THIS PAGE INTENTIONALLY LEFT BLANK
WATER AND SEWER RATES CHANGES ARE
PENDING WATER/SEWER RATE STUDY.
EXPECTED COMPLETION AUGUST OF 2023
Section 6: Water Utility Payments Fees Page 10 of 26
117 July 25, 2023
SECTION 7
WASTEWATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
MONTHLY WASTEWATER SERVICE PAYMENTS:
The customer pays the cost to receive service to their property as well as the cost associated with the wastewater utility providing that service (which includes replacing and adding infrastructure).
Customers receive twelve wastewater bills per year, one every month. The wastewater bill is combined with the water bill.
For regular residential, your bill is a flat fee charge of $40.00 for sewer per month. Your monthly water bill is the sum of all applicable water and sewer charges.
For Multiple Unit Buildings (Duplexes, Apartments, etc.) the charge is $40.00 plus EDU in the building (Duplexes - $40.00 + 1 Unit @ $10.00 = $50.00 for sewer per month). A (4) Unit Residential Building will be charged a total of $70 per Month for sewer charges. Your monthly water bill is the sum of all applicable water and sewer charges.
For commercial accounts, your bill is a combination of consumption charges (based on the amount of water used) the more water a customer uses the higher their monthly wastewater bill will be. Your monthly water bill is the sum of all applicable water and sewer charges. * EDU = Equivalent Dwelling Unit * GPD = Gallons per Day * HCF = Hundred Cubic Foot Monthly Charges for Sewer Wastewater
Base cost for first EDU in a Residential Zone $40.00
Additional EDUs - Multiple Unit Bldgs. (Duplexes, Apts, Etc.) will be charged per each additional EDU after the 1st unit, per Month $10.00 Commercial Zones will be charged per HCF $ 2.88
Restaurants per HCF $ 4.13
Prison Charge Per Bed Capacity per Month $21.41
Prison Charge Per HCF $ 1.50
Sewage Trucks per 100 Gallons $ 5.00
Sewer Impact Fees
Impact Fee Per GPD $7.91
Sewer Capacity Fee Per Prison Bed $1,107
Residential Impact Fee (Per EDU) $1,898 (Currently Waived by City Council Vote on May 28, 2019)
Antelope Valley- East Kern Water Agency (AVEK New Construction) Base Fee- $5,387.00
¾ - Inch meter base times 1
1 - Inch meter base times 2
1 ½ - Inch meter base times 3
2 - Inch meter base times 5
3 - Inch meter base times 8
4 - Inch meter base times 17
6 - Inch meter base times 33
8 - Inch meter base times 53
10 - Inch meter base times 77
12 - Inch meter base times 100
Section 7: Wastewater Utility Payments Fees Page 11 of 26 118 July 25, 2023
SECTION 8
AIRPORT SERVICES FEES
Robert King
Airport Manager
APPLICATION TITLE FEE NOTES
Airport Fees
Monthly Tie-Down Fees
Single Engine $ 25.00 $ 50.00 per Month, per Plane
Light Twin $ 35.00 $ 50.00 per Month, per Plane
Medium Twin $ 45.00 $ 60.00 per Month, per Plane
Heavy Twin $ 55.00 $ 80.00 per Month, per Plane
Gliders (Stored-off Ramp in container) $ 25.00 $ 40.00 per Month, per Plane (off Ramp) Gliders (Stored-NOT in containers) $ 70.00 per Month, per Plane (off Ramp) Gliders on Ramp $ 40.00 Removing (Storage on Ramp no longer available) T Hangar
Full Size $ 170.00 $325.00 per Month + $15 for Electricity All Utilities are the responsibility of the tenant
Half Size $ 90.00 $200.00 per Month + $15 for Electricity All Utilities are the responsibility of the tenant
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT CC Hangar $ .50 cents per Square Foot, per Month, per Hangar All Utilities are the responsibility of the tenant
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT Land Lease Per Contract Lease
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT Offices
Standard All Office Spaces $ 100.00 $ 4.00 per Square Foot, per Month, per Space All Utilities are the responsibility of the tenant
Large Office Space $ 150.00 per Month Removing
Restaurant Facility Per Contract Lease
All Utilities are the responsibility of the tenant
Airport Filming Permit Fees
Film Permit-(Rental of Non-Closed Taxiway) $ 1,250.00 $1,500.00 per Day. Plus, any fees charged by Fire, PD or Public Works Departments.
Film Permit-Rental of Runway $ 8,000.00 per Day. Plus, any fees charged by Fire, PD or Public Works Departments.
City Vehicle (City Manned Only) $ 100.00 $150.00 per Day, per Vehicle RV/Camping Park -– TEMPORARILY CLOSED
Section 8: Airport Services Fees Page 12 of 26
119 July 25, 2023
SECTION 9
DIAL-A-RIDE SERVICES FEES
Joe Barragan
Public Works Director
APPLICATION TITLE FEE NOTES
Fares
General Public Cash Fare $ 1.70 $2.00 per Trip A trip is from one address to another Senior Desert Jade Resident $ 0.50 Senior = 62+ Must show ID (with DJ address) Senior/ADA/Disabled/Medicare** $ 1.00 Senior = 62+ Must show ID and **Medicare card (Medicare card must be red, white & blue)
10-Ride Ticket Book General Public $ 17.00 $20.00 Can be purchased at City Hall 10-Ride Ticket Book Senior/ADA/Disabled $ 10.00 Senior = 62+ Must show ID and **Medicare card (Medicare card must be red, white & blue)
Children under 4 Feet 9 Inches $ 1.00 Infants = 0-9 Months per Trip. (Infants are free) $ 0.00
Children are defined as; 2 years to 18 years old, able to walk on their own.
Infants are defined as: 0 to 2 years old, unable to walk on their own.
Section 9: Dial-A-Ride Services Fees Page 13 of 26
120 July 25, 2023
SECTION 10
RECREATION SERVICES FEES
APPLICATION TITLE FEE NOTES
RECREATION FACILITIES
Central Park Group Picnic Area
Small – Resident $ 5.00 per Hour + $50 Deposit
Non-Resident $ 10.00 per Hour + $50 Deposit
Central Park Group Picnic Area
Large – Resident $ 15.00 per Hour + $50 Deposit
Non-Resident $ 20.00 per Hour + $50 Deposit
Park Vender Fee (Includes Business License) $ 46.00 per Day Ball Field Lights
Resident $ 20.00 per Hour
Non-Resident $ 20.00 $25.00 per Hour
Field Maintenance Fee - Facilities & Water $ 7.00 per User (per adult or child on league – including non-profits)
Pool Facilities
Swimming Pool Daily Open Session $ 2.50
Exclusive use Season Pass $ 70.00 per Family of 5
Exclusive use Season Pass $ 30.00 per Individual
Swimming Lessons $ 30.00 per Session
Adult Aquatic Aerobics $ 25.00 per Month
Private Lessons - Four ½ hr. classes $ 60.00
Buildings
Strata Gym - Resident - Includes Staff (1) $ 70.00 per Hour Non-Resident - Includes Staff (1) $100.00 per Hour
Strata Meeting Room – Resident $ 15.00 per Hour
Non-Resident $ 20.00 per Hour
(After Hours Staff Fee + $20 hr.)
Arts & Community Center $ 65.00 per Hour - Includes Staff (1) Non-Resident - Includes Staff (1) $ 95.00 per Hour
Cleaning Deposit-Refundable – All users $200.00
Bob Parker Scout Lodge
(Local Boy Scout and Girl Scout Troops exempt from paying fees) Resident use $ 70.00 per Hour - Includes Staff (1)
Non - Resident use $100.00 per Hour - Includes Staff (1) Local non-profit $ 25.00 per Hour-Day use Includes Staff (1) Non-profit $ 50.00 per Hour-Day use Includes Staff (1)
Annual pass – Local Non-Profits – 25 uses $500.00
Cleaning Deposit-Refundable – All users $200.00
Scout Island Campground
Local Non-Profit Tent Camping $ 6.00 per Campsite
Out of Area Non-Profit Tent Camping $ 10.00 per Campsite Section 10: Recreation Services Fees Page 14 of 26
121 July 25, 2023
SECTION 11
TIERRA DEL SOL GOLF SERVICES FEES
APPLICATION TITLE FEE NOTES
Memberships
Commercial Members $ 1,700.00 Annually (Card Holder +3)-see notes Resident $ 400.00 Annually-see notes
Senior Resident (62+) $ 250.00 350.00 Annually-see notes Resident Family $ 500.00 Annually-see notes
Non-Resident $ 550.00 500.00 Annually-see notes
Non-Resident Senior (62+) $ 495.00 400.00 Annually-see notes Non-Resident Family $ 750.00 550.00 Annually-see notes
Active Duty Military $ 400.00 350.00 Annually-see notes Junior under 18 $ 100.00 Annually-see notes
Unlimited Driving Range Balls $ 200.00 for the Year-Annually
Weekday Green Fees:
(1) 18 holes: $ 18.00 20.00 per Person
(2) 9 holes: $ 11.00 15.00 per Person
Weekend and Holiday Green Fees:
(1) 18 holes: $ 23.00 25.00 per Person
(2) 9 holes: $ 12.00 20.00 per Person
Senior citizens, 62 years of age and older, receive 50% off weekday greens fees, and may purchase a “Senior Card” for $20.00 annually for green fees as follows:
Weekday:
(1) 18 holes $ 9.00 15.00 per Person
(2) 9 holes $ 6.00 10.00 per Person
Weekend and Holiday (no discount available for Seniors):
(1) 18 holes $ 23.00 20.00 per Person
(2) 9 holes $ 12.00 15.00 per Person
Golfers under the age of 18 years (Junior Golfers):
Shall pay the following green fees on weekdays, weekends, and holidays:
(1) 18 holes: $ 8.00 10.00 per Person
(2) 9 holes: $ 4.00 5.00 per Person
Twilight Golf
Green fees and cart fees for persons starting after 1:00 p.m. seasonal on weekdays or 2:00 p.m seasonal. on weekends (twilight rates) are as follows:
(1) Weekdays: $ 23.00 20.00 Golf and Cart
(2) Weekend and Holidays: $ 28.00 25.00 Golf and Cart
(3) All Days $ 11.00 15.00 Single Twilight Cart
(4) Super Twilight-Starts @ 1:30 seasonal $ 15.00 Golf and Cart Section 11: Tierra Del Sol Golf Services Fees Page 15 of 26 122 July 25, 2023
SECTION 11
TIERRA DEL SOL GOLF SERVICES FEES
APPLICATION TITLE FEE NOTES
Golf Cart Rental (for all persons):
(1) 18 holes: $ 30.00 per Cart for (2) persons
$ 15.00 20.00 per Cart for (1) person
(2) 9 holes: $ 20.00 per Cart for (2) persons
$ 10.00 15.00 Single cart
Private Golf Cart
Private Golf Cart $ 450.00 Annually
Private Golf Cart Senior (62+) $ 400.00 Annually
Ride Along
Family $ 0.00 per Round
Non-Family $ 0.00 per Round
Golf Specials
November/December Special - Everyday Twilight prices Start 12:00 PM Golf/Lunch Special-Golf/Cart/Lunch $ 31.00
Notes:
All memberships; plus $2.00 per Round played
Special Events will be priced per event
Section 11: Tierra Del Sol Golf Services Fees Page 16 of 26 123 July 25, 2023
SECTION 12
FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee Code Fee description Fee Amount
PERMIT-RELATED FEES
Construction Permits
CNG/LNG Permit Storage or Dispensing Facility To install, alter or modify a compressed natural gas or liquefied natural gas storage container or dispensing facility. $180.00
$215.00
Fire Alarm System Permit To install, alter or modify a fire alarm system. Includes up to 25 initiating or notification devices.
Note: Plus $70 fee for each group of 25 devices
$350 $435.00
$50 each set
$70.00 per
group
Fire-Extinguishing System Permit To install, alter or modify a fixed Fire Extinguishing Systems Halon, CO2, clean agent, dry chemical, liquid agent or other extinguishing agent. This permit does not include fire sprinkler systems. $350 $395.00
Underground Water Piping System Permit for Fire Protection To install alter or modify underground piping for fire hydrants or water systems. $350 $395.00 Flammable or Combustible Liquid Tanks
Aboveground Tank Permit Install 1 or 2 aboveground tanks with storage capacity of 125 gallons or more which will hold flammable or combustible liquids. (Plus $25 $35.00 fee for each additional tankover 2) $250 $290.00
$25 $35.00
over 2
Aboveground Tank Removal Permit To alter, rehabilitate, or place permanently or temporarily out of service or otherwise dispose of any flammable or combustible liquid tank which is not related to oil production, refining or pipeline transportation activities. $110 $145.00
Liquefied Petroleum Gas (LPG)
Liquefied Petroleum Gas Permit - To install an LP gas container of one hundred twenty five (125) gallon water capacity or more at other than a one or two-family residence. (Plus $30 $35.00 fee for each additional tank over 1)
$180 $215.00
$30 $35.00
over 1
Liquefied Petroleum Gas Permit - To install LP gas container of one hundred twenty five (125) gallon water capacity or more when such tank is capable of dispensing LP gas into other tank vessels. $120 $145.00 Fire Pumps & Related Equipment Permit Standpipe systems. To install, alter or modify a fire pump and related tanks, jockey pumps, controllers, and generators $570 $725.00 Spraying or Dipping Booth Permit – Spraying or dipping. To construct, install, alter, or modify a spray room or spray booth and the fire suppression system, when flammable, corrosive or combustible liquids, or flammable finishes are used.
$190 $580.00
Dip Tank Permit To construct, alter or modify a dip tank or dipping operation utilizing flammable or combustible liquids, or flammable finishes. $580.00
Sprinkler Systems
Commercial Fire Sprinkler System Permit Commercial Sprinkler Systems of 30,000 sq. ft. or less. $1,000
$1,120.00
Commercial Fire Sprinkler System Permit Commercial Sprinkler Systems more than 30,000 sq. ft. $1,120 plus $0.03 per square foot above 30,000 $1,120.00 + $.03 per sq. ft.
Tenant Improvement Fire Sprinkler System Permit Tenant improvement to an existing commercial sprinkler system with a change to 20 fire sprinklers or less. $180 $290.00 Tenant Improvement Fire Sprinkler System Permit Tenant improvement to an existing commercial sprinkler system with a change to more than 20 fire sprinklers. $450 $500.00 Resubmittal of Commercial Design Drawings With major revisions. $350 $435.00 Residential Sprinkler Systems Under 5,000 sq. ft. $500 $580.00 Residential Sprinkler Systems From 5,001 sq. ft. to 10,000 $640 $725.00 Residential Sprinkler Systems Over 10,000 sq. ft. $750 $870.00 Section 12: Fire Department Fees Page 17 of 26
124 July 25, 2023
SECTION 12
FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee
Code
Fee description Fee Amount
PERMIT-RELATED FEES
Miscellaneous
Fireworks Permit - Fireworks Booth (Safe & Sane) $300 $360.00 Standpipe System Permit Install, alter, or modify a standpipe system. $650.00 Tent Permit (large tent) Tents, air supported membrane structures & temporary event structures. To erect a temporary air supported membrane structure, temporary special event structure or temporary tent having an area more than two thousand (2,000) square feet, except for structures used exclusively for camping.
$130 $215.00
Tent Permit (standard tent) Tents, air supported membrane structures & temporary special event structures. To erect a temporary air supported membrane structure, temporary special event structure or temporary tent having an area more than four hundred (400) square feet but less than two thousand (2,000) square feet, except for structures used exclusively for camping $190 $135.00
Emergency Responder Radio Coverage Permit To install, alter or modify an emergency responder radio coverage system and related equipment $380 $435.00 Electrified Security Gates & Fences Permit To install, alter or modify a gate or fence which is designed to provide security to a premises by discharging an electric shock to intruders. $215.00 Stationary Energy Storage Systems Permit To install, alter or modify a stationary storage battery system or capacitor energy storage system. $250 $290.00 CO2 Beverage Dispensing Permit To install a liquefied carbon dioxide system used for beverage dispensing with more than 100 pounds of carbon dioxide. $250 $290.00 Cannabis Facility Permit To construct, alter or modify a building for cannabis cultivation or processing, and the facility is 5,000 square feet or less. Business Operating Permit (Fire & Life Safety Insp.)
$120 $290.00
Cannabis Facility - Large Permit To construct, alter or modify a building for cannabis cultivation or processing, and the facility is greater than 5,000 square feet or less $290 plus $0.026 per square foot above 5,000
$290.00
$.026 per sq. ft.
CO2 Enrichment System Permit To install, alter or modify a carbon dioxide enrichment system having more than 100 pounds (874 scf) of carbon dioxide $290.00 Plant Extraction System Permit To install, alter or modify a plant extraction system. $725.00 Gas Detection System Permit To install, alter or modify a gas detection system. $290.00 Operating Permits
State License Permit (CA State Form #850). Institutional Facility Operating Permit $50.00 Business Operating Permit Fire & Life Safety Inspection of certain State Fire Marshal regulated facilities to gain approval to operate. This includes Group A, C, E, L, R-1, and R-4 occupancies.
Facilities with an occupant load of less than 50.
$180 $145.00
Business Operating Permit Fire & Life Safety Inspection of Group B, F, H, M and S occupancies to gain approval to operate. Facilities with an occupant load of less than 50 & 100. $320 $145.00 Explosive Permit Explosives or Blasting Agents $250 $290.00 High-Piled Combustible Storage Permit To use a building or portion thereof with more than 500 square feet, including aisles of highpiled combustible storage. Facilities with an occupant load of less than 100.
$500 $290.00
Model Rocket Permit To sell or offer for sale model rocket engines as defined in the California Fire Code, Section 5611 $100 $145.00
Public Assembly Permit - To conduct an assembly with 50 attendees or more in a facility which is not designed or constructed as an assembly. Place of Assembly $180.00 Public Display Permit - To store, discharge or use explosives or fireworks, other than Safe & Sane Fireworks, at a public gathering. Plus, fees for standby time - see Fire Safety Standby Fee (Code 5280). Place of Assembly
$120 $145.00
Special Effects/Operations Permit – Special Effects (Filming, movie shots, etc.) To store, discharge or use pyrotechnic special effects materials, fireworks, explosives or open flame or operate aircraft or drones for filming or theatrical purposes.
Plus fees for standby time - see Fire Safety Standby Fee (Code 5280) $290.00
Section 12: Fire Department Fees Page 18 of 26
125 July 25, 2023
SECTION 12
FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee
Code
Fee description Fee Amount
PERMIT-RELATED FEES
Filming Permit To conduct filming operations.
Plus fees for standby time - see Fire Safety Standby Fee $100.00 Mobile Fueling Permit To engage in the dispensing of liquid or gaseous fuels into fuel tanks of motor vehicles from tank vehicles at locations other than at a fuel dispensing station. $290.00 Cannabis Cultivation Permit To operate a commercial indoor cannabis cultivation operation, and the facility is 5,000 square feet or less. $290.00
Cannabis Cultivation - Large Permit To operate a commercial indoor cannabis cultivation operation, and the facility is greater than 5,000 square feet. $290 plus $0.026 per square foot above 5,000 $290.00 $.026 per sq. ft.
Plant Extraction System Permit To use a plant extraction system. $145.00 Carbon Enrichment System Permit To operate a carbon dioxide enrichment system having more than 100 pounds (874 scf) of carbon dioxide $145.00
Mobile Food Preparation Vehicles Permit To operate a mobile food preparation vehicle equipped with appliances that produce smoke or greaseladen vapors. $145.00 Outdoor Assembly Event Permit To Conduct an outdoor assembly event where planned attendance exceeds 1,000 persons. $290 plus $145.00 per hour beyond the first (2) hours $290.00
$145.00/hr.
Plan Review
Building Permit - Commercial Fees for plan review and associated inspections for all commercial or industrial building permits. This does not include permits for signs, swimming pools, grading or concrete work.
Building Permit - Commercial (a)Total Valuation: $1 to $28,000. Building plan review – Commercial (One Hour Min.) $50/hr. $218.00
Building Permit – Commercial (b) Total Valuation: $28,000 to $500,000. First $28,000 @ $218 each additional $100.00 up to $500,000 Building plan review – Urban Wildland Interface Area (One Hour Min.)
$75/hr. $218
$0.38 each
Building Permit – Commercial © Total Valuation: $500,000 $1,000,000.
First $500,000 @ $2,034 each additional $100.00 up to $1,000,000. $2,034.00 $0.29
Building Permit – Commercial (d) Total Valuation: $1,000,000 or more, First $1,000,000 @ $3,486 each additional $100.00 of valuation.
$3,486.00
$0.10
Building Permit – Urban Wildland Interface Area Fees for plan review and associated inspections for all building permits for structures located within the Urban Wildland Interface Area (Hazardous Fire Area). This does not include permits for signs, swimming pools, grading or concrete work. $75/hr. $180.00 Negative Declaration Fees for review, comment, and associated functions for environmental reviews resulting in the completion of a Negative Declaration. Residential Permit. $145.00 Environmental Impact Report - Fees for review, comment, and associated functions for environmental review resulting in the completion of an Environmental Impact Report. $215.00 Section 12: Fire Department Fees Page 19 of 26
126 July 25, 2023
SECTION 12
FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
OTHER FEES
Special Inspection Fees
Re-inspection Fees will be assessed for inspection of construction work:
a. An inspection is requested, and the work is not ready for inspection upon the arrival of the inspector. b. When correction notices are not complied with during construction thereby requiring more than two inspections to approve any single phase of portion of the construction process. Re-inspection (inspection requested and business is not ready OR more than 2 inspections are required to approve) $400 $500.00
After-hours Inspection Fee is assessed when an inspection is requested after normal working hours of 07:00am to 05:00pm Monday through Friday (2 hour minimum). After hours or multi-hour and/or multi personnel inspection (2 hr. min) 2 inspectors (Minimum). $130/hr.
$145.00/hr.
$260 Min.
$290.00 Min.
Fire Hydrant Flow Test $350
Fire Safety Inspection / Standby Fees (2 hour minimum) - 5280 Chief Officer / Command Vehicle $300.00/hr.
Firefighter $73.00/hr.
Fire Engine & 2 Personnel
Minimum of 2 hours billable
$400/hr.
$235.00/hr.
$800 $470.00
Min
Fire Patrol & 2 Personnel
Minimum of 2 hours billable
$300/hr.
$220.00/hr.
$440.00 Min
Fire Inspector or Safety Officer (Motion Picture)
Minimum of 2 hours billable
$175hr.
$150.00/hr.
$300.00 Min
Heavy Rescue Vehicle & 5 Personnel / plus $0.98/mile $1.20/mile Minimum of 2 hours billable
$800
$455.00/hr.
$910.00 Min
Fire Investigation (plus materials and associated costs) - $275.00/hr.
Witness Fees $75.00/hr.
Removing all items and fees in this box
TYPE OF PERMIT
Commercial Business & Fire Life Safety Inspections Fee Amount 0-4,999 sq. ft. $50.00
5,000-11,999 sq. ft. $75.00
12,000-24,999 sq. ft. $125.00
25,000-49,999 sq. ft. $150.00
50,000-74,999 sq. ft. $200.00
75,000-99,9999 sq. ft. $250.00
100,000- 249,999 sq. ft. $300.00
500,000-749,999 sq. ft. $350.00
750,000-999,999 sq. ft. $400.00
1,000,000- ^ sq. ft. $450.00
Removing all items and fees in this box
Adding a new box titled: “Commercial Business & Fire Life Safety Inspections” below (next page) Section 12: Fire Department Fees Page 20 of 26
127 July 25, 2023
SECTION 12
FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Annual Commercial Business & Fire Life Safety Inspections 0-4000 square feet – Low hazard occupancy Ambulatory health care, banks, barbers/beauty shops, retail, etc. $90.00 0-2,00 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $150.00 2,001-5,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $200.00 5,001-10,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $250.00 10,001-100,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $320.00 100,001-500,000 square feet – Moderate to High Hazard: Manufacturing, bakeries, auto repair, auto body, etc. $400.00 Administrative Fees
Incident Report (except medical) - Victim. Includes all pages requested by owner where incident occurred. After 5 pages add additional cost of $0.25
$10.00
$0.25 per page
Incident Report (except medical) Others $45.00
Medical Aid Report Includes all pages. (If requested by patient/victim – No Charge) $65.00 N/C Investigation Report – Includes all pages $65.00
Logbook Documentation – Includes all pages
Subpoena for Records $65.00
Subpoena for Deposition of Personnel $275.00
Inspection Report Includes all pages $70.00
Permit Information – Includes all pages $70.00
Correspondence – Includes all pages $70.00
Knox Box Application $145.00
Other Disclosable Public Records Documents
Includes up to 5 pages. Duplicating costs for more than 5 pages $70.00
$.25 per page
Violations
Citations for Illegal Fireworks, Serious Life Safety Violations (CCMC), Any CFC Violation. $1500.00 Code Enforcement Fees
Illegal Dumping $1000.00
Citation 1st Offense Citation 2nd Offense Citation 3rd Offense $250.00-1st
$500.00-2nd
$1,000.00-3rd
Late Fee +50% of
Citation
Citation Appeal $85.00
Inspection- per hour (2) hour minimum $50.00
Inspection resulting in citation- 1st inspection is waived $0.00 Re‐inspection Fee‐ per hour (2) hour minimum (Last Inspection Fee Waived if Violation is cleared) $50.00 Section 12: Fire Department Fees Page 21 of 26
128 July 25, 2023
SECTION 13
POLICE DEPARTMENT FEES
Jesse Hightower
Police Chief
APPLICATION TITLE FEE NOTES
RECORDS
Impound Vehicle Release $ 125.00 Cash, Certified Check or Money Order Only Stored Vehicle Release $ 20.00 Administration Fee
Incident Report $ 1.00 per Page
Crime Report- under 24 pages $ 15.00
Over 25 Pages $ 25.00
Accident Report - PDO $ 15.00
Accident Report - CHP555 $ 25.00
Vin Verification $ 10.00
Ticket Sign Off $ 10.00
Copy of Tape $ 35.00
Photos + over 5 pictures on CD $ 20.00 Plus Reproduction Cost Copy of Body Cam footage $ 75.00
Evidence Fees Varies per Type, Location and Length of Storage Repossession Release $ 15.00
Yard Sale Permits $ 10.00 (CIVIL CODE, Division 3. OBLIGATION (1427 ‐3273), PART 4. OBLIGATION ARISING FROM PARTICULAR TRANSACTIONS (1738‐3273) TITLE 6. SERVICE (2019‐2082) ‐ CHAPTER 4. Lost and Unclaimed Property (2080 ‐ 2082) ARTICLE 1. Lost Money and Goods (2080.1) (b)
MISCELLANEOUS ADMINISTRATION FEES
False Alarms First Event $ 25.00
False Alarms Second Event $ 75.00
False Alarms Third Event $ 125.00
Witness Fees $ 275.00 for Subpoena or Deposition
Supervisor $ 150.00 per Hour
Filming Call-Out Full Time Sworn $ 75.00 per Hour
Filming Call-Out Reserve / CSO $ 50.00 per Hour
FIRE RELATED REPORTS / ADMINISTRATION FEES
Incident Reports $ 45.00 Fire, Accident, Medical
Investigation Report $ 45.00 Arson, etc.
Witness Fees by city staff $ 75.00 for Subpoena or Deposition
FINGERPRINTS
Hard Copy Card $ 20.00 Per Card
Live Scan $ 20.00 + DOJ Fees
FINES
CCMC Parking Violations $ 35.00
Regular Fines: First Offense $ 250.00
Second Offense $ 500.00
Third Offense $1,000.00
Correctable Violations: $ 10.00
Section 13: Police Department Fees Page 22 of 26
129 July 25, 2023
SECTION 13
POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief
APPLICATION TITLE FEE NOTES
ANIMAL CONTROL
Animal Licenses
Dog License Unaltered $ 95.00 $ 65.00 per Year, per Dog ** Dog License Altered $ 20.00 per Year, per Dog **
Dog License Altered-Sr. (62+) *** $ 10.00 per Year, per Dog ** Dog License Deemed Vicious Dog $ 250.00 per Year, per Dog ** with yard inspection and approval
Dog License Unaltered $ 260.00 $185.00 3 Years, per Dog ** Dog License Altered $ 50.00 3 Years, per Dog **
Dog License Altered-Sr. (62+) *** $ 25.00 3 Years, per Dog ** Cat License / Microchip available upon request – Will follow Dog Fees and Stipulations **All animal license requests must furnish proof of: Rabies Vaccination and Alteration (if applicable)** ***Senior Citizen Rate – Must show proof of 62+ to receive this rate*** *Licenses not renewed within 30 days of license expiration date will be charged double the current license fee* *Licenses will now be annual (or tri-annual) from time of Rabies vaccination date* Animal Impound Fees
Dog Impound 1st Event $ 30.00
Dog Impound 1st Event-Female $ 40.00 Female in Heat Removing Dog Impound 2nd Event $ 40.00
Dog Impound 2nd Event-Female $ 70.00 Female in Heat Removing Dog Impound 3rd Event or more $ 70.00 Male or Female
Dog Impound Vicious Dog $ 250.00 per Event
Animal Impound other than dog $ 20.00 <25 pounds
Animal Impound other than dog $ 30.00 >25 pounds
Adoption Fees
Adoption Fee – Dog-Male $ 100.00 $155.00 Each Dog
(Adoption $20, Spay/Neuter $50 $105.00, Rabies $10, License $20) Adoption Fee – Dog-Female $ 180.00 Each Dog
(Adoption $20, Spay $130, Rabies $10, License $20)
Adoption Fee - Cat $ 75.00 $142.50 Each Cat
(Adoption $20, Spay/Neuter $45 $112.50, Rabies $10) (License optional for Cats) Kitten/Puppy Adoption Additional Cash Deposit $ 50.00 for Animal too young to Alter at time of Adoption – Deposit Refunded upon proof of alteration when animal comes of age to alter Removing *Animal Rescues will be allowed to pull animals from shelter with no charge.
Rescue personnel must show proof of rescue organization establishment and affiliation*.
Daily Kennel Fees
Small Domesticated Animals $ 15.00 $20.00 per Day - In addition to Above Fees (Dog, cat, goat, sheep, chicken)
Large Animal - Cow, horse or other $ 25.00 $35.00 per Day - In addition to Above Fees Section 13: Police Department/Animal Control Fees Page 23 of 26 130 July 25, 2023
SECTION 13
POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief
APPLICATION TITLE FEE NOTES
ANIMAL CONTROL
Animal Surrender Fees (At discretion of Animal Control Officer-No Charge) Removing Owner Requested Pick-Up: $ 175.00 per Domesticated Animal (Cows, Horses, Other) Removing +Trailer Rental Fee Varies Removing
Owner Requested Pick-Up: $ 35.00 $50.00 per Domesticated Animal (Other than Large) Owner Surrender-Brought to Facility $ 20.00 $40.00 per Domesticated Animal (when accepting)
Deceased Animal Fees (At discretion of Animal Control Officer-No Charge) Animal Removal Fee: Small-Med $ 25.00 per Pet (Domestic Animals) Animal Removal Fee: Large $ 75.00 Refer to private company per Domesticated Animal (Cows, Horses, Other) Changing statement
Deceased pets brought to facility $ 10.00 $20.00 per Domesticated Animal Deceased pets picked up by $ 25.00 $30.00 per Domesticated Animal AC Officer
Outside Vendor Pick-up $ 75.00 per Domesticated Animal
Miscellaneous Fees
Cat/Dog Traps Cash Deposit $ 50.00 Deposit returned when trap is returned (30 Day Maximum)
Microchip Fees $ 20.00 per Domesticated Animal
Section 13: Police Department Fees – Animal Control Page 24 of 26 131 July 25, 2023
SECTION 14
OHV DEPARTMENT FEES
Inge Elmes,
OHV Manager
OHV – PUBLIC
Family Pack - Large $ 100.00
Family Pack - Small $ 60.00
Additional Permits-only at time of Family Pack Purchase $ 10.00 Each OHV Permit $ 15.00
OHV Permit Packs (4 permits) $ 50.00
Separate RV / Dump Pass $ 30.00
Daily Fees - Dump or Water $ 5.00
Two Free OHV Permits to any Military, LE, Fire with valid / current ID $ 0.00 Camping Fee Non-Holiday Weekday $ 15.00 per Day
Camping Fee Non-Holiday Weekend $ 25.00 per Day
Camping Fee Holiday Weekday $ 25.00 per Day
Camping Fee Holiday Weekend $ 40.00 per Day
1-Time Water Fill Max 150 G + 1-RV Dump Station $ 5.00
Mail Order Handling $ 4.00
Pro-Rated Single Permit (March-May Only) $ 10.00
Special Sale Permit (Special Promotion Only) $ 10.00
Transient Lodging $ 150.00 per Month
OHV VENDOR
Electrical Non-Holiday Sun – Thurs $ 35.00 per Day
Electrical Non-Holiday Fri - Sat per day $ 50.00 per Day Non-Electrical Non-Holiday Sun – Thurs $ 25.00 per Day
Non-Electrical Non-Holiday Fri – Sat $ 35.00 per Day
Electrical Holiday Sun – Thurs $ 50.00 per Day
Electrical Holiday Fri – Sat $ 65.00 per Day
Non-Electrical Holiday Sun – Thurs $ 35.00 per Day
Non-Electrical Holiday Fri – Sat $ 45.00 per Day
City Business License up to 12 days per year $ 10.00
Cleaning Deposit $ 50.00 per Event
Section 14: OHV Department Fees Page 25 of 26
132 July 25, 2023
SECTION 15
CANNABIS FEES
APPLICATION TITLE FEE NOTES
CANNABIS APPLICATION FEES
Phase 1: Initial Application Fee – One Time Fee $ 5,000.00 Application fee is non-refundable.
Phase 2: Permit Fee – for Each Type $ 4,000.00 If applicant fails to complete process, $3,000 of this fee will be refunded.
Annual Permit Renewal Fee $ 9,445.00
Section 15: Cannabis Fees Page 26 of 26
133 July 25, 2023
CITY COUNCIL
July 25, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Water Standby Charge— Fiscal Year 2023-24 Levy …………………………………………………………………………………………………
BACKGROUND
California City operates a water system that was built to serve a large number of parcels that were planned for development at the time the water system was designed.
Since Fiscal Year 1993-94, the City has charged a Water Standby Charge to undeveloped parcels that, when developed, will receive service from the City’s existing water system. The rate of the standby charge is unchanged from past years and has not been increased since 1993-94. The amount of this charge ranges from $15 to $25 per year. The charge is collected on the property tax roll. Once a parcel is connected to the system and begins receiving (and paying for) water service, the standby charge ceases.
Each year, the City Council holds a public hearing to approve placing the standby charges on the property tax roll. After conducting the hearing, notice of which was published, the Council may adopt the attached resolution which sets the rate for 2023- 2024 and directs that the standby charge be collected by the County.
In Fiscal Year 2020-21, the City Council created a program whereby owners of property that is not within 100 feet of an existing City water delivery or transmission line could receive a refund of their Fiscal Year 2020-21 standby charge.
In the City Council meeting of July 11, 2023 the City Council reviewed a proposed Resolution in accordance with the Water Standby Charge described above. The City Council expressed a desire for eligible property owners to be able to claim the refund in recurring fiscal years. The attached revised Resolution addresses the City Council’s request.
RECOMMENDATION
Approve Resolution No. 07-23-2993 adopting water standby charges for Fiscal Year 2023-24, and for eligible property owners to request a refund of the standby charge in the 2023-24 fiscal year and in future recurring years. The City Council will approve staff to create and administer an appeals form that conforms to the resolution. 134
CB 3.
July 25, 2023
FISCAL IMPACT The Standby Charge totals $844,570 for Fiscal Year 2023-24. Staff cannot estimate the number of refunds that will be claimed under the proposed refund program
ENVIRONMENTAL ACTION NONE
ATTACHMENTS
Resolution No 07-23-2993
Engineer's Report
135 July 25, 2023
RESOLUTION NO. 07-23-2993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALIFORNIA CITY INITIATING PROCEEDINGS FOR THE
ESTABLISHMENT OF THE WATER STANDBY CHARGES
FOR FISCAL YEAR 2023-2024 AND RECURRING REFUND FOR
ELIGIBLE PROPERTY OWNERS
THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY RESOLVES as follows:
SECTION 1. Purpose
This Resolution initiates proceedings to levy the City’s existing water standby charges for Fiscal Year 2023-2024.
SECTION 2. Findings
The City Council finds, determines, and declares as follows:
A. Due to the size of the City and the interspersing of developed and undeveloped land within many areas of the City, the City operates and maintains a very extensive water system that is designed to serve not only the developed parcels in the City but also the territory that has not yet been developed.
B. The oversized water system is outdated, in need of substantial rehabilitation and Improvements, and expensive to operate and maintain.
C. The Uniform Standby Charge Procedures Act (Gov’t Code Sec. 54984 et seq.) (the “Act”) authorizes the City to fix a water standby charge on land within the City that derive benefit from the availability of facilities to provide water service, even if that land does not actually use the water service.
D. In 1992 and 1993, the City Council conducted proceedings pursuant to the Act to fix a standby charge (the “Standby Charge”) to fund for the construction and reconstruction of water production, transmission, and storage facilities.
E. Since the Standby Charge was first fixed, (i) the City has annually taken action to continue the Standby Charge pursuant to Section 54984.7 of the Act and (ii) the Standby Charge has been collected on each year’s property tax roll.
F. The rate of the Standby Charge has not changed since it was initially levied in Fiscal Year 1992- 1993.
G. Pursuant to Section 5(a) of Article XIII D of the California Constitution, the Standby Charge is 136 July 25, 2023
exempt from the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution.
SECTION 3. Report of Engineer
A qualified engineer’s report is on file in the Office of the City Clerk and incorporated herein by reference. The proposed standby charge is based upon the report. The report includes the following: a description of the charge and the method by which it will be imposed; a compilation of the amount of the charge proposed for each parcel subject to the charge; a statement of the methodology and rationale followed in determining the degree of benefit conferred by the service for which the charge is made; and a discussion of the other factors described in Section 54984.2 of the Act.
SECTION 4. Affected Lands
A list of the assessor’s parcel number (or other identifying information for any parcel for which an assessor’s parcel number is not listed) of each parcel to be charged is on file in the Office of the City Clerk and incorporated herein by reference. The list also includes the amount of the charge for each listed parcel.
SECTION 5. Proposed Charges
The proposed charge is as follows:
(a) Effective July 1, 2023, water standby charges shall be paid by certain property within the City not receiving water service as follows:
(1) “Acres 1": Within recorded tracts for which a Subdivision Deferred Improvement “SDI” Agreement exists, parcels not fronting upon a water main shall pay $15.00 per parcel per annum.
(2) “Acres 2": Within recorded tracts for which an SDI agreement exists, parcels fronting upon a water main shall pay $20.00 per parcel per annum. (3) “Acres 3": Within recorded tracts for which an SDI Agreement does not exist, parcels shall pay $25.00 per parcel per annum.
(b) Notwithstanding the foregoing, water standby charges shall not be paid by certain property within the City as follows:
(1) Parcels contained in a condominium, townhouse or other multi-family residential development shall not pay a standby charge, provided common area parcels shall pay a charge at the rate specified in subsection (a).
(2) Ownership interests consisting solely of mineral rights shall not pay standby charges. 137 July 25, 2023
(3) Parcels receiving water service as of the effective date shall not pay a standby charge.
SECTION 6. Public Hearing
(a) The Council shall conduct a public hearing at the City Council Chambers located at 21000 Hacienda Blvd, California City, California, on July 11, 2023. At the publish hearing, the Council will hear and consider all objections or protests, if any, to the proposed charges. (b) The City Clerk is directed to publish notice of the public hearing.
SECTION 7. Encouragement of Public Participation
The City Council has adopted this Resolution and will hold the noticed public hearing referenced in Section 6 of the Resolution as part of the City’s commitment to open government and public participation. The adoption of this Resolution should not be interpreted as an admission by the City that the Resolution, or any of its contents, is required under applicable state law.
SECTION 8. Refund
(a) Notwithstanding the above, and incorporating all subsections below, for each fiscal year, the City will refund to the parcel’s owner any standby charge paid with respect to a parcel that is not within 100 linear feet of an existing City water delivery or transmission line. (b) An owner eligible for a refund may claim such refund by submitting to the City a request for such refund, on or prior to June 30, of the respective fiscal year. (c) All requests must be made on a form designed for this purpose by the City, which form shall be available to the public and posted on the City’s website. Amendments to the form may be made by the City at its sole discretion. The City Council authorizes the City Manager to administer the processing of waivers and refunds to the water standby charges. (d) All requests must be accompanied by evidence that the standby charge for the respective fiscal year has been paid to the County in full as billed.
(e) The request for refund must identify the APN(s) of parcel(s) for which the refund is requested, the name of the owner of the parcel, the address to which the refund shall be mailed and a statement, signed under penalty of perjury, that the person submitting the request is the owner of the parcel, is authorized to submit the request, and believes that the parcel is not within 100 linear feet of an existing City water delivery or transmission line. The request shall not be required to include evidence that the parcel is sufficiently distant from such a line. 138 July 25, 2023
(f) The City shall investigate each request to determine whether the parcel is not within 100 linear feet of an existing parcel and whether the request is timely and meets the criteria set forth in subdivision (e). All refunds, if any, will be based on the compliance with the requirements hereto, and other requirements as may be lawfully imposed.
(g) Refunds shall be made to the owner of the parcel as shown on the Equalized Assessment Roll at the address shown on that roll for the respective fiscal year. If the request was not submitted by that owner, or the request was made with a different mailing address, then no refund shall be made until the person submitting the request has proved to the satisfaction of the City, at its sole discretion, that he or she was the owner of the parcel at the time the tax bill was paid.
SECTION 9. Collection
The standby charges shall be collected at the same time and in the same manner as taxes for the respective fiscal year. The County Auditor is hereby authorized to place the water standby charges on the tax rolls pursuant to Government Code Section 54984 et seq, for all fiscal years hereunder.
SECTION 10. Disposition of Proceeds
The monies collected by the City pursuant to this resolution shall be deposited into a special fund, entitled: “Water Enterprise Revenue Fund”. Monies in this fund, together with interest and other accruals, shall be expended solely for the construction and reconstruction of water production, transmission, and storage facilities to serve property assessed hereunder.
PASSED, APPROVED AND ADOPTED by the City Council of the City of California City at the regular meeting of this 25th day of July, 2023.
AYES
NOES
ABSTAIN
ABSENT
__________________________________
Kelly Kullikoff,
City Mayor California City
ATTEST:
_______________________________
Socorro Chavez, City Clerk California City
(SEAL)
139 July 25, 2023
CITY COUNCIL
July 25, 2021
TO: Mayor and City Council
FROM: Paloma Perez-McEvoy, City Attorney’s Office
SUBJECT: Cannabis Delivery Permits
RECOMMENDATION: Direct staff to draft an ordinance amending the California City Municipal Code to amend the Cannabis Delivery permitting process to maximize the ability to issue delivery permits.
BACKGROUND: This item is a follow up to the City Council directive from June 13, 2023 for staff to examine the issue of delivery only permits and how to maximize opportunities for all permits to activate. The City currently issues up to ten (10) delivery-only cannabis permits. Those permits are currently issued to the following cannabis businesses. Currently, the Municipal Code provides that “[t]he maximum number of each type of cannabis dispensary that shall be permitted to operate in the City at any one (1) given time will be a maximum of ten (10) delivery only dispensaries with no retail storefront.” CCMC § 5-6.401(a). The Municipal Code further provides that “Section 5-6.401 is only intended to create a maximum number of cannabis dispensaries that may be issued to permits to operate in the City under each category. Nothing in Chapter [Five of the Municipal Code] creates a mandate that the City Council must issue any or all of the cannabis dispensary permits potentially available.”
Cannabis delivery operations have the ability to make deliveries outside of the City limits, thereby creating additional revenue-generating opportunities for the City. The City may maximize these opportunities by amending the Municipal Code to create an annual review process, by which the City Council receives an annual report that includes how many active delivery-only permits are currently operating within the City, if there are any runners-up applicants that were not chosen as a part of the initial selection process. Upon review of the annual report, the City Council may direct staff to schedule a hearing to issue a delivery only permit to any runners-up, or to reopen the application process for the City Council to consider the issuance of delivery only permits for a maximum of ten (10) delivery only permits.
ATTACHMENTS: None.
FISCAL IMPACT: Potential increased revenue (in the form of fees, taxes, and fines) to the City.
ENVIRONMENTAL ACTION: This item is exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).
Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing 140 July 25, 2023
CB 4.
a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. There is no possibility that the discussion will result in a physical change in the environment.
141 July 25, 2023
CITY COUNCIL
July 25, 2023
Reviewed By: ____ City Manager AGENDA ITEM NO. NB 1.
____ Finance Director
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Public Safety Only Parcel Tax—Annual Rate-setting ………………………………………………………………………………………………………
BACKGROUND
On July 31, 2018, the City’s voters approved a Public Safety Only Special Parcel Tax to be levied annually beginning in Fiscal Year 2018-19 and ending in Fiscal Year 2023-24.
The tax is governed by the California City Public Safety Only Special Parcel Tax Ordinance of 2018 (CCMC Sec. 3-2.1.501 et seq.) (the “Ordinance”). It is collected from property owners on the annual property tax bill prepared by the County. Section 3-
2.1.505 of the Ordinance requires that the City Council annually determine the tax against each lot or parcel for the upcoming tax year.
The voter-approved maximum rate of the special parcel tax is 50 cents per day, or $182.50 per lot or parcel for Fiscal Year 2019-20. However, the ordinance requires that this amount be reduced by a mandatory reduction calculated pursuant to a formula set forth in Section 3-2.1.504 of the Ordinance.
For Fiscal Year 2023-24, the mandatory reduction is $36.50 (See attached calculation).
Consequently, the maximum rate for Fiscal Year 2023-24 is $146.00. This is the same amount charged last year.
FISCAL IMPACT
Continued Funding of the Public Safety Measure C Tax. FY23-24 Budgeted amount to PD (18-3112) and FD (19-3112) of approx. $6MM or $3MM each after 50,470 parcels and 20% default rate.
COUNCIL OPTIONS
Council can approve the special parcel tax rate per the calculations, or set a desired special parcel tax rate for Fiscal Year 2022-2023.
RECOMMENDATION
142 July 25, 2023
Approve Resolution Confirming Setting the Rate of the Public Safety Only Special Parcel Tax for Fiscal Year 2023-24 and Requesting Collection Services from Kern County.
ATTACHMENTS
Calculation of Mandatory Rate Reduction
Resolution Setting the Rate of the Public Safety Only Special Parcel Tax for Fiscal Year 2023-24 and Requesting Collection Services from the County 143 July 25, 2023
City of California City
2023‐24 Calculation of Mandatory Reduction
Public Safety Only Special Parcel Tax
1a. FY 2022‐23 Estimated Ad Valorem Property Tax Revenue $ 2,858,370 1b. FY 2022‐23 Estimated Sales & Use Tax Revenue $ 663,172 1c. FY 2022‐23 Estimated Cannabis Business Tax $ 960,346 1 FY 2022‐23 Qualified Revenue (Sum of Lines 1a through 1c) $ 4,481,888 2a. FY 2017‐18 Ad Valorem Property Tax Revenue $ 2,042,044 2b. FY 2017‐18 Sales & Use Tax Revenue $ 360,439 2 FY 2017‐18 Qualified Revenue (Sum of Lines 2a through 2b) $ 2,402,483 3a. New Revenue (Subtract Line 2 from Line 1) $ 2,079,405 3 90% of New Revenue (90% of Line 3a) $ 1,871,465 4a. Number of parcel subject to tax 50,470 4b. Number of Parcel‐Days (Multiply Line 4a by 365) 18,421,550 4c. Daily Tax Reduction Per Parcel (Divide Line 3 by Line 4b) $ 0.1016 4d. Mandatory Daily Reduction (Round Line 4c Down to Nearest Cent) $0.10 4 Annual Mandatory Max Tax Reduction (Multiply Line 4d by 365) $36.50 5a. Base Maximum Rate $ 182.50
5 Adjusted Maximum Rate (Subtract Line 4 from Line 5a) $ 146.00 144 July 25, 2023
RESOLUTION NO. 07-23-2994
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CALIFORNIA CITY SETTING THE RATE OF THE
PUBLIC SAFETY ONLY SPECIAL PARCEL TAX FOR
FISCAL YEAR 2023-24 AND REQUESTING COLLECTION
SERVICES FROM THE COUNTY
WHEREAS, at the July 31, 2018 Special Municipal Election (the “Election”) the voters adopted the California City Public Safety Only Special Parcel Tax Ordinance of 2018, which is codified at Section 3-2.1.501 et seq. of the California City Municipal Code (the “Ordinance”); and
WHEREAS, pursuant to Section 3-2.1.502 of the Ordinance, the City levies an annual special tax (the “Special Tax”) on all lots and parcels within the boundaries of the City other than lots and parcels that (i) are exempt from this tax pursuant to the Constitution or laws of the United States or of the Constitution or laws of the State of California or (ii) are exempt from the ad valorem property tax or have an ad valorem property tax liability of zero; and
WHEREAS, pursuant to Section 3-2.1.509 of the Ordinance, the Special Tax is authorized to be levied through Tax Year 2023-24; and
WHEREAS, the Maximum Tax Rate for Tax Year 2023-24, calculated pursuant to Section 3-2.1.503 of the Ordinance, is $146.00 (representing a maximum tax rate of $182.50 reduced by $36.50); and
WHEREAS, Section 3-2.1.506 of the Ordinance provides that:
The tax shall be collected by the County of Kern in the same manner and subject to the same penalty and procedure as ad valorem property taxes collected by the county. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The county may deduct its reasonable costs incurred for the service before remittal of the balance to the city.; and
WHEREAS, pursuant to Section 3-2.1.505 of the Ordinance, the City Council desires set the rate of the Special Tax for Tax Year 2023-24; and
145 July 25, 2023
WHEREAS, the City Council desires to take actions necessary to authorize the County of Kern to collect the Special Tax for Tax Year 2023-24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY RESOLVES as follows:
Section 1. Authorization
The Kern County Auditor, Controller and Tax Collector are hereby requested to levy, collect and transmit to the Special Tax for Tax Year 2023-24. The City Manager is hereby authorized and instructed to supply such information as necessary to the Auditor, Controller and Tax Collector to facilitate the levy, collection and transmittal of the Special Tax.
Section 2. Administrative Charge
The City shall pay reasonable and uniform administrative charges levied by the Auditor, Controller and Tax Collector for the services described herein as permitted by law.
Section 3. Proposition 218 Compliance
The City Council hereby certifies that the Special Tax complies with the applicable provisions of Articles XIII C and XIII D of the California Constitution.
Section 4. Tax Rate
The City Council sets the Special Parcel Tax for Tax Year 2023-24 to be $146.00 per taxable lot or parcel.
Section 5. Parcel List
A list of each parcel to be taxed and the amount of the tax for each such parcel is on file in the Office of the City Clerk, incorporated herein by reference, and is hereby approved.
Section 6. Official Record
This Resolution constitutes the official record of the assessment of the Special Tax.
Section 7. Certification
The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 8. Effective Date
146 July 25, 2023
This Resolution will become effective immediately upon adoption PASSED AND ADOPTED on July 25, 2023 by the City Council of the City of California City, County of Kern, State of California, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
____________________________
Kelly Kulikoff, Mayor
ATTEST:
__________________________
Socorro Chavez, City Clerk
(seal)
147 July 25, 2023
ITEM NO. NB 2.
COUNCIL AGENDA ITEM
July 25, 2023
PREPARED BY: Kenny Cooper, Finance Manager
SUBJECT: Professional Services Agreement with Price Paige & Company (PPC) for TDA Reimbursements, Payroll Reconciliation, and Consultation TBD.
BACKGROUND/ DISCUSSION
For item #1, California City has just completed the Transportation Development Act (TDA) audits for FY18-19 thru FY21-22 and are currently caught up in TDA audit reporting.
Our last submission for TDA Reimbursements for FY16-17 was recently re-submitted in May’23 after it was discovered signatures were missing from the document. Kern County has an estimated $5.9MM dollars of reimbursements due to the City’s Streets and Dial-a-Ride funds. It was discussed during our July 11, 2023 council meeting that staff would be bringing forth a contract for the completion of 2018 – 2022 (5 years) TDA reimbursements. For item #2 & 3, staff is seeking assistance with our payroll process and implementing a reconciliation to balance payroll each pay period, and consultation as agreed-upon with City management.
FISCAL IMPACT
The fees for the above services as listed in the contract for item #1 will be $10,000 split and budgeted between Funds 27-4411-310 and 54-5410-310; The fees for item #2 & #3 for an amount not to exceed $20,000 and budgeted to 10-4141-310.
COUNCIL OPTIONS
1. Council can approve the Professional Services Agreement
2. Council can deny the Professional Services Agreement
3. Council can take no action
RECOMMENDATION
Staff recommends the City Council approve the Professional Services Agreement.
ATTACHMENTS
1. Professional Services Agreement
148 July 25, 2023
July 18, 2023
Ms. Inge Elmes
Interim City Manager
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Dear Ms. Elmes:
This letter confirms the engagement of Price Paige & Company by the City of California City (the City) for the professional consulting services as described below:
1) We will assist the City in the preparation of its Transportation Development Act (TDA) funding reimbursement requests from the Kern Council of Governments (KCOG) for the fiscal years ended June 30, 2018 through June 30, 2022.
2) We will work with City staff to perform a review of its payroll process and assist with developing and implementing processes to ensure payroll expenses and liabilities are calculated correctly each pay period and assist the City with developing a methodology to reconcile its payroll clearing fund each pay period. 3) We will provide the City with additional consultation as agreed-upon with City management. The scope, timing and extent of the additional consultation will be discussed prior to the commencement of any work.
This service is an extension to item 4 from the engagement letter dated August 31, 2022.
All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.
Electronic Data Communication and Storage and Use of Third Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.
You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.
It is our policy to keep records related to this engagement for a minimum of seven years after the report release date. 149 July 25, 2023
July 18, 2023
Our fees for the above services will be as follows:
Consulting Services, as listed in item 1 $ 10,000
Consulting Services, as listed in items 2- 3 (hourly, not to exceed) 20,000 Total $ 30,000
Our fees are based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-of-pocket expenses.
If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.
All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH
ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES CHARGED BY THE ACCOUNTANT, EACH
OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.
If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.
In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages.
If these terms are in accordance with your understanding and meet with your approval, then please sign and date one copy of this letter in the space provided. This agreement will become effective when you return the signed copy to us.
Sincerely,
Joshua Giosa, CPA
Price Paige & Company
- - - - - - -
RESPONSE:
This letter correctly sets forth the understanding of the City of California City.
Management Signature Title Date
150 July 25, 2023
CITY COUNCIL
DATE: July 25, 2023
TO: Mayor and City Council
FROM: Inge Elmes, Acting City Manager
SUBJECT: Approval of Reimbursement Agreement for Services Between IWVGA, BHT, and the City of California City
_____________________________________________________________________________________
BACKGROUND
The City is providing services for the Indian Wells Valley Groundwater Authority Project related to processing a Site Plan Review, determining compliance with Project obligations, review of building permits and activities required prior to and during construction of the Project. IWVGA has agreed to reimburse the City for the direct costs associated with providing such services, including costs for City staff and City consultant efforts, as well as BHT.
RECOMMENDATION
Staff recommends that the City Council approve the Reimbursement Agreement for Project services between IWVGA, BHT, and the City of California City.
ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
Reimbursement Agreement
NB 3.
151 July 25, 2023
REIMBURSEMENT AGREEMENT
(IWVGA Pipeline)
(BHT Engineering, Inc and Indian Wells Valley Groundwater Authority) THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this day of July, 2023 (hereinafter, the “Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (hereinafter, "City"), BHT ENGINEERING, INC. (hereinafter, “BHT”), and INDIAN WELLS VALLEY GROUNDWATER AUTHORITY (“IWVGA”).
RECITALS
WHEREAS, BHT provides engineering and general public works consultation services for City, including but not limited to, services as contemplated herein; and WHEREAS, IWVGA intends to construct a 24” diameter, 50.6-mile imported water pipeline and four booster pumps from Antelope Valley-East Kern Water Agency (AVEK) California City Feeder in California City to the IWVWD’s Ridgecrest Heights Tank in Ridgecrest, California, Kern County (the “Project”).
WHEREAS, in California City the pipeline route would follow Redwood Blvd, Neuralia Road, Redrock Randsburg Road, Garlock Road, U.S. Highway 395, and China Lake Boulevard, intersecting both City property and private property; and WHEREAS, for the alignment along Redwood Boulevard and Neuralia Road, and other locations, and as may be required by the Project, and as may be constructed on the California City right-of-way, BHT will provide certain engineering and public works services to City; and
WHEREAS, IWVGA has agreed to reimburse City for the direct costs associated with BHT’s work in providing such services, including costs for City staff and City consultant efforts; and
WHEREAS, authorization to execute and enter into this Agreement was granted by the City by and through its City Council at its Regular Meeting of July , 2023, under Agenda Item No. .
NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, City and BHT (individually referred to as “Party,” and collectively as “Parties”) agree as follows:
152 July 25, 2023
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK: Subject to the terms and conditions of this Agreement, BHT will perform all engineering services as commercially required for the Project, and as may be further described in the Exhibit “A,” attached and incorporated hereto.
1.2 REIMBURSEMENT DEPOSIT: Subject to an initial deposit (the “Deposit”) of Fifty Thousand Dollars ($50,000) payable by IWVGA to City upon execution of this Agreement, IWVGA shall reimburse CITY for costs described herein for the Project. IWVGA shall provide additional funding to CITY at such time as the balance reaches $25,000 to restore the balance to $50,000 and maintain said balance at $50,000.
1.2.1 IWVGA shall provide additional funding as described within thirty (30) calendar days of receipt of request for additional funding from City. Failure of IWVGA to provide additional funding in a timely manner could result in the delay of work efforts on the Project.
1.2.2 Upon completion of the Project, as defined by final inspection for final phase of construction, City shall within thirty (30) days refund to IWVGA any unexpended funds remaining on deposit with City at time of Project.
1.3 REIMBURSEMENT: IWVGA shall reimburse City for the following costs (collectively, “Eligible Costs") incurred in connection with the Project (including any and all City staff and or other costs incurred by the Project in administration of this Agreement):
1.3.1 BHT staff time, processing costs, consultant costs and other customary and eligible fees associated with processing and implementing all Project Approvals and Mitigation Measures including, but not limited to: engineering fees as described and agreed in established supplementary BHT fee schedules and other agreed costs and expenses.
1.3.2 All other commercially reasonable and customary services that BHT performs in furtherance of the Project; and
1.3.3 Fees and costs which BHT has incurred but which have either not yet been billed for reimbursement or which have not yet been reimbursed to the City.
BHT has made a good faith estimate to summarize all such fees and costs more particularly described in Exhibit “B”, and as further summarized in subsequent written attachments, if any, as attached hereto and incorporated by this reference. The parties acknowledge that the figures on Attachment B, and subsequent attachments, if any, constitute BHT’s good faith effort to summarize all such fees and costs, and IWVGA agrees that 153 July 25, 2023
fees or costs that have inadvertently been omitted, and are subsequently submitted to City, shall be construed as Eligible Costs, as otherwise allowed.
1.3.4 City shall provide IWVGA a monthly statement noting the costs incurred for services in the preceding month and such costs will be reimbursed to City and credited against the Deposit.
II.
TERMINATION
2.1 TERMINATION WITHOUT CAUSE: Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement at any time for convenience and without cause, provided that notice of such termination is made in writing issued not less than ninety (90) calendar days prior to the effective date of any such termination.
III.
MUTUAL RELEASE OF LIABILITY
3.1 IWVGA shall defend, indemnify and hold City and BHT and their directors, officers, employees, partners, contractors or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys’ fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of IWVGA, its directors, officers, employees, partners, or agents.
3.2 BHT shall defend, indemnify and hold IWVGA and its directors, officers, employees, partners, contractors or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys’ fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of BHT, its directors, officers, employees, partners, or agents.
3.3 City shall defend, indemnify and hold IWVGA and its directors, officers, employees, partners, or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys’ fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of City, its directors, officers, 154 July 25, 2023
employees, partners, or agents.
IV.
MISCELLANEOUS PROVISIONS
4.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:
If to IWVGA: If to City:
BHT Engineering, Inc.
Attn: Carol Thomas-Keefer
100 W. California Avenue
Ridgecrest, CA 93555
City of California City
Attn: Inge Elmes, Acting City Manager
21000 Hacienda Boulevard
California City, CA 93505
If to BHT:
BHT Engineering, Inc.
Attn: [NAME]
218 S H St # 201
Bakersfield, CA 93304
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, two (2) days after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
4.2 EVENT OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement, if the defaulting Party fails to cure the Event of Default within 155 July 25, 2023
the applicable cure period or any extended cure period allowed under this Agreement.
B. IWVGA shall cure the following Events of Defaults within the following time periods:
i. Within seven (7) calendar days of City’s issuance of a Default Notice for any failure of IWVGA to timely provide City any sums due and payable to City pursuant to this Agreement.
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement.
C. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
D. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to IWVGA, City may immediately terminate this Agreement in whole or in part;
iii. City or BHT may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for breach of the Agreement or to terminate the Agreement; or
iv. City and/or BHT may exercise any other available and lawful right or remedy.
4.3 ACCOUNTING RECORDS: City shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
4.4 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and 156 July 25, 2023
governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
4.5 ATTORNEY’S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
4.6 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
4.7 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
4.8 FURTHER ASSURANCES: Each Party covenants, on behalf of itself and its successors and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents, instruments and writings as may be necessary or proper to achieve the purposes and objectives of the Agreement.
4.9 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
4.10 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
4.11 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
4.12 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
4.13 ENTIRE AGREEMENT: This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the matters addressed 157 July 25, 2023
herein and supersedes all other Agreements or understandings, whether oral or written, or entered into between IWVGA, City and BHT prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 4.11, above.
4.14 COUNTERPARTS: This Agreement shall be executed in four (4) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all counterparts in conformity with Section 4.11, above. One fully executed original counterpart will be delivered to IWVGA, one fully executed original counterpart will be delivered to BHT, and the remaining two original counterparts will be retained by City.
[intentionally left blank. signature page follows]
158 July 25, 2023
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date above.
CITY OF CALIFORNIA CITY
By:
Inge Elmes
Acting City Manager
Date:
INDIAN WELLS VALLEY
GROUNDWATER AUTHORITY
By:
Printed Name:
Date:
APPROVED AS TO FORM:
By:
Victor Ponto
City Attorney
Date:
BHT ENGINEERING INC.
By:
Printed Name:
Date:
159 July 25, 2023
EXHIBIT “A”
BHT SERVICES
160 July 25, 2023
EXHIBIT “B”
REIMBURSEMENTS
161 July 25, 2023
CITY COUNCIL
DATE: July 25, 2023
TO: Mayor and City Council
FROM: Inge Elmes, Acting City Manager
SUBJECT: Approval of Reimbursement Agreement for Kudu Solar Facility Project Services Between Avantus, LLC (Avantus) and the City of California City
_____________________________________________________________________________________
BACKGROUND
Avantus, the firm that proposed and entitled the Kudu and Bellefield solar projects, has moved forward with plans to construct the Kudu Solar Project (“Project”). The City is providing services for the Project related to processing a Site Plan Review, determining compliance with Project obligations, review of building permits and activities required prior to and during construction of the Project. Avantus has agreed to reimburse the City for the direct costs associated with providing such services, including costs for City staff and City consultant efforts.
RECOMMENDATION
Staff recommends that the City Council approve the Reimbursement Agreement for Project services between Avantus and the City of California City.
ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
Reimbursement Agreement
NB 4.
162 July 25, 2023
2023
REIMBURSEMENT AGREEMENT
(Description of Engagement: Reimbursement for the Construction of the Kudu Solar Facility)
(Parties: The City of CALIFORNIA CITY and Avantus, LLC) THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this day of 2023 (hereinafter, the “Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (hereinafter, "CITY") and AVANTUS, LLC, a ______________ limited liability company (hereinafter, “AVANTUS”).
For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and AVANTUS. The capitalized term “Party” may refer to either CITY or AVANTUS interchangeably as reasonably appropriate.
RECITALS
WHEREAS, CITY intends to provide services for the Kudu Solar Project (Project) related to processing a Site Plan Review, determining compliance with Project obligations, review of building permits and activities required prior to and during construction of the Project; and
WHEREAS, AVANTUS has agreed to reimburse CITY for the direct costs associated with providing such services, including costs for City staff and City consultant efforts; and
WHEREAS, the execution of this Agreement was approved by the CALIFORNIA CITY City Council at its Regular Meeting of ___ , 2023 under Agenda Item No. _____.
NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and AVANTUS agree as follows:
I.
ENGAGEMENT TERMS
1.1 PURPOSE OF REIMBURSEMENT:
A. CITY intends to provide professional services related to the processing, review and permitting of the Project, subject to AVANTUS’s reimbursement to CITY of costs and charges associated with such services.
1.2 REIMBURSEMENT:
A. Subject to an initial deposit of Fifty Thousand Dollars ($50,000) payable by 163 July 25, 2023
AVANTUS to CITY upon execution of this Agreement, AVANTUS shall reimburse CITY for costs associated with the labor required to review, process and permit the Project. AVANTUS shall provide additional funding to CITY at such time as the balance reaches $10,000 to restore the balance to $25,000 and maintain said balance at $25,000. AVANTUS shall provide additional funding as described within thirty (30) calendar days of receipt of request for additional funding from CITY. Failure of AVANTUS to provide additional funding in a timely manner could result in the delay of work efforts on the Project.
B. CITY shall provide AVANTUS a monthly statement noting the costs incurred for services in the preceding month.
C. Upon completion of the Project, as defined by final inspection for final phase of construction, CITY shall within thirty (30) days refund to AVANTUS any unexpended funds remaining on deposit with CITY at time of Project completion.
II.
TERMINATION
2.1 TERMINATION WITHOUT CAUSE: Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement at any time for convenience and without, provided that notice of such termination is made in writing issued not less than ninety (90) calendar days prior to the effective date of any such termination.
III.
MUTUAL RELEASE OF LIABILITY
3.1 AVANTUS shall defend, indemnify and hold CITY and its directors, officers, employees, partners, contractors or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of AVANTUS, its directors, officers, employees, partners, or agents.
3.2 CITY shall defend, Indemnify and hold AVANTUS and its directors, officers, employees, partners, or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of CITY, its directors, officers, employees, partners, or agents.
164 July 25, 2023
IV.
MISCELLANEOUS PROVISIONS
4.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:
CITY: City of California City
Attn: City Manager
21000 Hacienda Blvd.
California City, CA 93505
(760) 373-8661
AVANTUS: AVANTUS
Attn: __________________
______________________
______________________
Phone: _______________
Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.
4.2 EVENT OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 4.3B and 4.3C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement, if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. AVANTUS shall cure the following Events of Defaults within the following time periods:
i. Within seven (7) calendar days of CITY's issuance of a Default Notice for any failure of AVANTUS to timely provide CITY any sums 165 July 25, 2023
due and payable to CITY pursuant to this Agreement.
ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement.
C. CITY shall cure any Event of Default asserted by AVANTUS within fourteen (14) calendar days of AVANTUS’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 14-day cure period.
Prior to the expiration of the 14-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period.
D. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
E. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to AVANTUS, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to AVANTUS, the CITY may extend the time of performance;
iii. The CITY or AVANTUS may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for breach of the Agreement or to terminate the Agreement; or
iv. The CITY and/or AVANTUS may exercise any other available and lawful right or remedy.
4.3 ACCOUNTING RECORDS: AVANTUS shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
166 July 25, 2023
4.4 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
4.5 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
4.6 ATTORNEY’S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
4.7 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
4.8 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
4.9 FURTHER ASSURANCES: Each Party covenants, on behalf of itself and its successors and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents, instruments and writings as may be necessary or proper to achieve the purposes and objectives of the Agreement.
4.10 CONSTRUCTION OF REIMBURSEMENT AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
4.11 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
4.12 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
4.13 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
4.14 ENTIRE REIMBURSEMENT AGREEMENT: This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the 167 July 25, 2023
matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and AVANTUS prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 4.12, above.
4.15 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to AVANTUS and the other counterpart shall be delivered to the CITY.
No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all counterparts in conformity with Section 4.12, above.
[SIGNATURE PAGE TO FOLLOW]
168 July 25, 2023
IN WITNESS WHEREOF, the Parties hereto have caused this Reimbursement Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CALIFORNIA CITY
By:
Inge Elmes
City Manager
Date:
AVANTUS, LLC
By:
Date:
APPROVED AS TO FORM:
By:
Victor Ponto
City Attorney
Date:
169 July 25, 2023
CITY COUNCIL
July 25, 2023
TO: Mayor and City Council
FROM: Inge Elmes, City Manager
SUBJECT: Implementation of state-mandated ministerial permitting process for Electric Vehicle Charging Stations
RECOMMENDATION: Direct staff to draft an ordinance amending the California City Municipal Code to implement a ministerial permitting process for Electric Vehicle Charging Stations (“EVCS”)
BACKGROUND: As a part of a State Legislative effort to encourage the installation of Electric Vehicle Charging Stations (“EVCS”), Assembly Bills (“AB”) 1236 and 970 require cities and counties to develop and implement an expedited, streamlined permitting process for all EVCS.
AB 1236 requires cities to create a checklist of requirements for EVCS and to approve permit applications through a ministerial approval process. AB 970 requires cities to review complete applications within prescribed time periods. Specifically, cities and counties must make a determination within twenty (20) business days for projects that proposed 1-25 EVCS and within 40 days for projects that propose 26 or more EVCS. In the event that a proposed EVCS project could have a “specific, adverse impact on public health or safety,” state law provides that the City may require the project applicant to apply for a use permit and limit the imposition of conditions of approval that would mitigate the potential impacts to public health and safety.
Amending the Municipal Code to implement the provisions of AB 1236 and 970 permits the City to require project proponents to submit specific information to demonstrate compliance with all municipal, health and safety requirements.
ATTACHMENTS: None.
FISCAL IMPACT: Potential increased revenue (in the form of fees, taxes, and fines) to the City.
ENVIRONMENTAL ACTION: This item is exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).
Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. There is no possibility that the discussion will result in a physical change in the environment.
170
NB 5.
July 25, 2023
ITEM NO.
NB 6.
COUNCIL AGENDA ITEM
July 25, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: General Fund Reserve Discussion
BACKGROUND/DISCUSSION
On April 25, 2023, council approved the FY 21/22 audits. The city in now current with all outstanding Fiscal Years. To fulfill the recommendation of the city's Accounting and Procedure Manual, the city council may appropriate funds to reserves from the audited General Fund Cash Balance. The audited Cash Balance as of June 30, 2023, was $5,343,173.86. This number reflects all deficits.
In addition, on September 10, 2019, the city council unanimously approved the reinstatement of a 4/Sth majority vote anytime General Fund Reserves are to be used.
For transparency and accuracy, staff recommends that an allotted amount be transferred into reserves and to uphold the 4/Sth voting policy for the use of reserves.
RECOMMENDATION
Staff recommends council discussion and to determine the Reserves amount.
ATTACHMENTS
FUND BALANCE
FY 21/22 AUDIT PAGES 3 & 9
SEPTEMBER 10, 2019, COUNCIL AGENDA, STAFF REPORT, AND MINUTES 171 July 25, 2023
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