Agenda — California City City Council, August 8, 2023

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 AUGUST 8TH, 2023
CLOSED SESSION @ 4:00PM
REGULAR MEETING @ 5:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505

If you need special assistance to participate in this meeting, contact the Deputy City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:

1.Web Link: https://us06web.zoom.us/j/86312373673

2.Meeting ID: 863 1237 3673

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.

August 08, 2023 1
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 4:00 PM

CALL TO ORDER

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

ADOPT AGENDA

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

CLOSED SESSION
CS 1. Conference with Labor Negotiator – Title: City Manager Pursuant Government Code Section 54957.6
City Representative: Victor Ponto City Attorney Unrepresented Employee: City Manager CS 2. Public Employment / Public Employee Appointment - Title : City Manager Pursuant to Government Code Section 54957 of Paragraph (1) of subdivision (b) CS 3. Conference with Legal Counsel-Existing Litigation Pursuant to Government Code Section 54956.9 of Paragraph (1) of subdivision of (d) 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
• Housing
• OHV
• Park and Recreation
• Planning
• Public Works

CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated July 28, 203, July 29, 2023, July 30, 2023, and July 31, 2023.

Also, correspondence from DJ Twohig dated July 20, 2023. Also correspondence from DJ Twohig dated August 03, 2023. Both D.J. Twohig and J.M. Powers have requested that they be part of the official meeting records.

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
August 08, 2023 2

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. Lew Group 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 07/21/2023 through 08/03/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve Chlorine Injection Pump for Wells – by Public Works Director, Joe Barragan CC 3. Approve Amended Update to the Master Fee Schedule – by Public Works Director, Joe Barragan
CC 4. Approve Well #3 Cal-City Blvd at Neuralia Rd. Well Motor Upgrade Project – 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. GIS Services for Standby Fee Parcel Analysis – by Public Works Director, Joe Barragan Recommendation
Staff Recommends Council to authorize City Manager to engage AESI for the analysis service.

CB 3. Reinstatement of Airport Advisory Commission – by Acting City Manager, Inge Elmes Recommendation
Staff recommends open discussion to determine reinstatement of Airport Advisory Commission.

August 08, 2023 3

NEW BUSINESS
NB 1. Appointment of Planning and Parks Commissioners – by Mayor Pro Tem, Ron Smith Recommendation
Approve recommended appointments for Planning and Park Commission.

NB 2. Voting delegate for League of Cites Annual Conference – by Councilmember, Jim Creighton
Recommendation
Approve and sign resolution identifying me as the City’s voting delegate.

NB 3. Approve Purchase and Installation of New Condenser – by Golf Manager, James Robinson Recommendation
Staff recommends approving the installation and purchase of new condenser.

NB 4. Accept the bid as submitted by J.L. Plank, Inc. dba Cen-Cal Construction, for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd.

HSIPSL – 5399-(032) project in the amount of $418,465.00; and authorize the City Manager to execute the construction agreement. Allocate Funds for the Bid, and up to $112,135.00 for Contingency, Construction Management and Materials Sampling & Testing – by Public Works Director, Joe Barragan
Recommendation
Motion to pass a Resolution to accept the lowest responsible bid, award the project and to execute a construction agreement with J.L. Plank, Inc. dba Cen-Cal Construction in the amount of $418,465.00 for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd. HSIPSL – 5399-(032) project and authorize the City Manager to execute the construction agreement .

Additionally, Staff recommends the approval in the amount of $42,926.00, roughly Ten percent (10%), for Construction Contingencies crucial to the successful completion of the project. Said funds will be treated as not to exceed without future authorization from Council.

These funds will be utilized for unforeseen work that may arise during the construction process which was unforeseen at the time of bidding.

NB 5. Housing Element Professional Services Proposal – by Acting City Manager, Inge Elmes Recommendation
Staff recommends accepting the proposal from PlaceWorks and enter into an agreement to prepare the 2023-2031 Housing Element for the City of California City.

NB 6. Reconsider New Home Start Fee Reduction – by Mayor, Kelly Kulikoff Recommendation
As per City Council direction.

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.

August 08, 2023 4

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.

August 08, 2023 5

COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently have 90 apartments filled.

Waitlist currently 87 applicants
August 7th through August 31st appointments are scheduled for lease and income renewals for both Desert Jade/Legends
Inspections has been scheduled to start middle of August.

Resumes are being reviewed for open PT Maintenance position.

Legends
Currently have 5 apartments and 5 houses filled, 2 vacant.

Waitlist is combined with Desert Jade.

DR
August 08, 2023 6

ITEM NO.

DEPARTMENT REPORT

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

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
_________________________________________________________________________ Events
Weather pending, season opener will be Labor Day Weekend. Staff looks forward to a great season.

Operations
Staff is preparing for season opener and closing out current grant project agreements. Staff will also be recruiting for seasonal park aides this month and continue to upkeep grounds and amenities.

Manager Updates
Staff would like to welcome the new Heavy Equipment Operator, Victor Rangel, to the OHV Department and would like to thank Rene Marroquin for the many years of service to the city’s OHV program. Staff wishes him the best in his retirement.

Finance Report
For the month of July, OHV sales totaled $3,182. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.

August 08, 2023 7
August 08, 2023 8

CITY COUNCIL
DATE: August 8, 2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of July
______________________________________________________________________ Events
Staff are in the preliminary stages of planning a fall festival. Staff is looking at partnering with community members to hold a Cancer walk in October. Staff will begin working on National Night Out planning, which is usually held in the first week of October, but that date is not confirmed. Staff are also beginning planning for the Holiday Village Event; the theme will be “Polar Express”, and the event will be held the first weekend of December.

Operations
During the month of July, our staff have been focused on planning the upcoming events as well as implementing new programming and running summer camp as well as other existing programs. The adult walking club is continuing with an average attendance of 3 to 4. The Strata Center also continues to be open to basketball practice, game room activities and open gym.

The maintenance staff have done an amazing job at cleaning up graffiti, making repairs, paining, and cleaning.

Staff have also been working on RFPs for the splash pad, as well as for the skate park. The Balsitis Playground and Basketball court project has been open to bids, and we are currently working on bringing that project to fruition.

Staff are also looking at upcoming CDBG grant projects that could include new equipment at the pocket on the corner of Desert Breeze and Sundowner.

August 08, 2023 9
Programming
Summer Camp - Mon- Fri 9:00-3:00
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-4:00, 6:00-7:00, Wed, 1:00-5:00 and 6:00-8 WGN Basketball Practice Tues, Thurs, and Fri - 4:00-6:00 Pool
Water Aerobics- Tues, Wed, Fri – 10:00-11:00, and 6:00-7:00 Adult & Special Needs Kids Swim – Tues, Wed, and Fri 11:00-12:00 Open Swim – Tues- Fri 3:00-6:00 pm and Saturday from 3-7:30 Swim Lessons are Tues – Friday from 6:00-8:00p
Future Programming
Staff are looking forward to martial arts classes every other Friday in the art center, as well as starting a drama club for kids and teens. Staff are discussing after school programs as well as continuing the ABC Learning preschool programming.

August 08, 2023 10

DEPARTMENT REPORT

CITY COUNCIL MEETING
August 8, 2023
FROM: PLANNING DEPARTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
Staff
Planning Clerk (LaShelle Cooper)
Planning Admin (Lilia “Liz” Garcia)
Consultant Planner Anu Doravari
Projects/Applications
This report includes the following items:

A. Overview of projects currently under staff review
B. Status update of Staff Development Review Meetings
C. Planning Department financial status July 2023
A. Overview of projects
Padron Metal Finishing – Zone Change ZC 22-04
Staff reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) and found some inconsistencies regarding the use of hazardous materials for daily manufacturing processes and requested revisions and additional documents to ensure public health and safety. Applicants submitted some of the additional documents on 08/01/2023 such as water recycling/filtration reports, waste water discharge methodology and these documents are under staff review. The revised IS/MND is expected to be submitted for public comment period shortly.

Pentecoastes Church SPR – 23-02
Staff received an application for a church to be located in an existing building at 8021 Bay Avenue, California City. Project will be presented as a public hearing in the upcoming Planning Commission meeting on August 15, 2023 and staff is recommending approval.

Verizon Cell Tower CUP – 23-05
Staff is currently reviewing a conditional use permit for a cell phone tower to be constructed and maintained by the applicant ‘Verizon Wireless’. Review is expected to be completed shortly and the project is expected to be heard in next month’s planning commission meeting Attil Farms SPR 18-17
Staff is in the process of reviewing the IS/MND comments addressed by the applicant toward Department of Cannabis Control’s concerns. Upon review of these documents, the Addendum containing the revisions and clarifications will be sent for State review.

Calrox II ZC 21-07
Staff has reviewed the IS/MND and addressed some minor deficiencies in the report that require some additional information to be added into the IS/MND. Once received back from the client with sufficient information, the IS/MND will be sent for State review.

August 08, 2023 11
B. Development Review Meetings
Staff scheduled 3 Site Development Review (SDR) meetings between July-August (1 week) 2023.

1. K-Pack SPR # 23-06 – Planning, Engineering, Fire and Public Works staff met with applicant and reviewed the Site plan and resolved all issues. CEQA document containing the Notice of Exemption was reviewed and was sent to the State for public review period of 30 days on 8/3/2023.

2. Dollar General SPR # 23-02 – Planning, Engineering, Fire and Public Works staff met with the applicant to comment on the Site Plan on 08/03/23 to review and resolve issues around hard scape and soft scape, fire apparatus turn-around and public dedications. Applicant will soon provide revised site plan to incorporate comments provided by the staff.

3. Pentecoastes Church SPR 23 - Site Development Review meeting for a church to be located on 8021 Bay Avenue involves repurposing an existing building for a 35 member and 7 staff member church. Planning, Fire and Public Works reviewed the Site plan prior and provided approval of the project.

August 08, 2023 12
C. Planning Department financial status July 2023
---------------------THANK YOU ---------------------
August 08, 2023 13
Public Works Monthly Council Report
June 30, 2023
Desert Clean Up Crew FY Total June Total
Total Work Orders: 498 44
Closed Work Orders: 498 44
Open Work Orders: 0 0
Dial-A-Ride FY Total June Total
Regular Fares $ 5,145.85 $ 282.60
Seniors/Disabled/Children $ 4,538.00 $ 406.00
Desert Jade $ 214.00 $ 5.50
Total Fares $ 9,897.85 $ 694.10
Number of Riders 8,351 580
Number of Operating Days 199 19
Facilities FY Total June Total
Total Work Orders: 2,499 240
Closed Work Orders: 2,499 240
Open Work Orders: 0 0
Grounds FY Total June Total
Total Work Orders: 145 6
Closed Work Orders: 145 6
Open Work Orders: 0 0
Street Department FY Total June Total
Total Work Orders: 1236 77
Closed Work Orders: 1266 77
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 6,005 117
Pot Hole Repair(s) p.h.: 9,449 422
Water Department FY Total June Total
Total Work Orders: 2448 140
Closed Work Orders: 2277 140
Open Work Orders: 0 0
Meter Replacement(s): 72 0
New Meter Installments (Service): 78 6
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 13 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 136 2
Standby Callouts: 44
Citizen Complaints: 5
*Information found in this report is based on the following dates:
*Monthly* June 1, 2023 through June 30, 2023.
* Fiscal Year* July 1, 2022 through June 30, 2023
August 08, 2023 14
BHT Engineering, Inc.

UPDATED: 7/7/2023

FEDERAL / STATE FUNDED PROJECTS
1 20406 3/18/2021 Hacienda Blvd Rehabilitation
5399-(030)
RSTP Hacienda Blvd from Cal-City Blvd to
Eucalyptus. Pavement rehabilitation.

City approved program supplement 02/23/2021. Environmental & Design completed. Bids opened August 11, 2022. Bid analysis completed. Awarded to Burch Construction at 9/27/22 City Council meeting. Contract docs sent to Contractor 10/03/22.

Construction in progress 95% completed
2 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.

City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.

Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.

Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. June 13, 2023 Council awarded project on to Granite Construction.

Construction to begin in August 2023
3 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project at 100% State participation, no local match. 7/13/21: Received Task Order to prepare request for PE Phase. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. – This is authorization for construction. Bid Opening June 22, 2023. Waiting for Council action to award project to Cen-Cal Construction
4 22405 4/18/2022 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.

Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Design in progress
5 22408 7/25/2022
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Kick-off meeting 8/16/2022.task order signed 07/25/2022. Council to authorized project advertisement on 6/13/23. Expected Legal Ad late July 2023
6 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.

Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. -- Design in progress
SB1 FUNDED PROJECTS
1 23403 5/27/2022 Catalpa Rehabilitation SB1 Funded project.

Resolution completed on 05/10/2022. Task order signed
05/27/2022. Council to authorized project advertisement on 6/13/23. Expected Legal AD August 2023.

LOCAL FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects. Must encumber CONSTRUCTION funds by January 2024 - See BHT
# 21409 - DESIGN ON-HOLD.
2 21401
12/23/2020
CM
3/16/2023
Section 21 water mains
replacement
Prepare plans and specs for replacement and
installation of 3 miles of 12" water mains,
coordination with State Water Resources
Control Board
Project Awarded to Lyles utility Inc. Task order for CM 03/16/2023 Construction in progress.
3 21403 2/21/201 Tierra del Sol Pro Shop &
Restaurant Remodel project
Prepare construction plans for
remodel/addition of restaurant
Project Engineer's cost estimate sent to city. Awaiting City's direction
4 22404 4/18/2022
Doolittle Ave and Jimson Ave
Water mains replacement
project
Prepare construction plans and Specs for new
construction of water main on Doolittle from
Mitchel to Mendiburu and Jimson from Yerba
to Isabella
Project combined with Section 21 water mains. Construction in progress
5 21410 6/11/2021 Keniston Water main
replacement
Prepare construction plans for replacement of
water main on Kensington CCB to Walpole
(Approximately 1,300 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction in progress
Task Order
Executed
/Received

CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS

PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST

Page 1 ends

August 08, 2023 15
BHT Engineering, Inc.
6 21411 6/11/2021 Neuralia Water main
replacement
Prepare construction plans for replacement of
water main on Neuralia from 79th to Poppy
Blvd (Approximately 1,600 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction in progress
7 21412 6/11/2021 Ironwood Water main
replacement
Prepare construction plans for replacement of
water main on Ironwood Neuralia to 78th
(Approximately 1,850 Feet). Staff to
Complete
Project on hold. Waiting to identify funding source
8 21413 6/11/2021 Cal City Blvd water main
replacement
Prepare construction plans and Specs
replacement of 10" water main on CCB from
Neuralia to Yerba (Approximately 4,200 Feet).

Formal bidding process
Project design in progress expected completion August 2023 9 21414 6/11/2021 Isabella water main
replacement
Prepare construction plans and Specs
replacement of 10" water main on Isabella
from CCB to Moss (Approximately 8,900
Feet). Formal bidding process
Project design in progress expected completion August 2024 10 21415 6/11/2021 Jacaranda water main
replacement
Prepare construction plans and Specs
replacement of 8" water main on Isabella from
CCB to Moss (Approximately 2,600 Feet).

Formal bidding process or staff to complete
Project on hold. Waiting for funding source
11 21416 6/11/2021 Poppy water main
replacement
Prepare construction plans and Specs
replacement of 10" water main on Poppy from
Yerba to North Loop (Approximately 9,700
Feet). Formal bidding process
Project on hold. Waiting for funding source
12 21417 6/11/2021 Redwood water main
replacement
Prepare construction plans and Specs
replacement of 10" water main on Redwood
from Airway to CCB (Approximately 2.2 miles
Feet). Formal bidding process
Project on hold. Waiting for funding source
13 21418 6/11/2021 Cal-City Blvd new water main
construction
Prepare construction plans and Specs for new
construction of 12" water main on Cal-City
Blvd from Baron Blvd to Wonder Ave
(Approximately 5 miles Feet). Formal bidding
process
Project on hold. Waiting for funding source
14 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. Waiting City's direction 15 22411 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.

Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to
continue per PW email 03/07/2023
16 23404 5/24/2023 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street Application in progress - Due July 17, 2023. 17 23405 5/24/2023 2023 CMAQ Call for Projects Cal City Blvd. - Shoulders from Baron Blvd. to Maverick Ave. Application in progress - Due July 17, 2023. 18 23406 5/24/2023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St. Caltrans reviewed and accepted project on June 28, 2023. 19 23407 5/4/2023 Clean CA Cycle 2 Application City Hall Site Improvements and beautification project Application sent to the State on May 30, 2023. Waiting results. 20 23408 LAMP Annual Report LAMP Annual Report Preparation LAMP annual report at 95% completed. Expected completion and submitted to the State mid-July 2023
21 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
UPDATED: 7/7/2023

Page 2 ends

August 08, 2023 16
July 7, 2023
Jennifer Guzman
Administrative Clerk
City of California City
7800 Moss Ave.

California City, CA 93505
Subject: June 2023 Water and Wastewater Master Plan Updates Dear Jennifer:

Below is a status update on the Water and Wastewater Master Plan Updates:

1. A Zoom meeting was held with City staff on June 8, 2023 to review the draft rate studies. City Council should approve the proposed rates before the start of the Prop 218 process. Approximately two weeks after approval, the full rate study reports will be issued. This will start the Prop 218 required 45 days noticing period.

2. A draft of the rate study reports was presented to the public and two Council members on Thursday June 29, 2023. Since enough Council members were not present to constitute a quorum, no Council action could happen.

3. An additional rate study presentation to Council will need to be scheduled.

4. At the June 29, 2023 meeting, it was brought to our attention that the prison is closing by March 2024, at the latest. Since the prison is a significant user of water and sewer services, the rate study reports will need to re-done to account for the loss of the prison.

5. A public workshop will be scheduled to discuss the master plans and rate studies (part of the Prop 218 process).

6. Finalized master plans and rate studies will be published after the public workshop and any comments are addressed.

Sincerely,
Brian Shoener, P.E.

Senior Engineer
210070
BGS
August 08, 2023 17
LC
August 08, 2023
18 August 08, 2023
19 August 08, 2023
20 August 08, 2023
21 August 08, 2023
22 August 08, 2023
23 RE: 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 8/3/2023 12:07 AM
To:City Manager <[email protected]>;[email protected] <[email protected]>;City Clerk <[email protected]>;Kelly Kulikoff <kkulikoff@californiacityca.gov>;[email protected] <[email protected]>;Karen Macedonio <kmacedonio@californiacityca.gov>;Jim Creighton <[email protected]>;Michael Kulikoff <mkulikoff@californiacityca.gov> Cc:Kerntax <[email protected]>;Laura Dougherty <[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

POTENTIAL LEGAL ACTION PENDING CITY CORRECTION NECESSARY Attn: City Clerk, Please include this email and all attachments (including each by title) in the AGENDA PACKAGE under Public Comments for review and re-consideration by sitting Council, include in the official record, attach all to the minutes and distribute as per policy at City Council meeting Tuesday August 8, 2023.

Attn: Attn: City Manager Elmes, Mayor Kulikoff and Council, Counsel Ponto Recommended Action: Council motion to place on AGENDA August 8, 2023 Measure C Rate Setting Correction necessary consistent with voter approved rate reduction plan.

Direct and Instruct staff to make the appropriate correction in the Reduction formula necessary. As described in the ballot Measure C approved by voters with a PROVEN VALID MATHEMATICAL THEORY (and Formula Maximum) analysis provided.

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: Monday, July 24, 2023 9:06 AM
To: [email protected]; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <cityclerk@californiacityca.gov> Subject: FW: The Reduction Plan found in Subsection 3-2.1.504 requires a correction in the Reduction formula August 08, 2023 24
consistent with proven mathematical theory
Importance: High
… Clearly not a late communications…
Pull the item off the AGENDA; and republish the July 20, 2023 @ 10:05 AM email together with all attachments bound in the AGENDA Package published for City Council and public to review timely.

Section 11120 sets forth the purpose of the law:
"It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed.

In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

This article shall be known and may be cited as the Bagley-Keene Open Meeting Act." From: DJ Twohig [mailto:[email protected]]
Sent: Thursday, July 20, 2023 10:05 AM
To: '[email protected]' <[email protected]>; [email protected]; 'Kelly Kulikoff' <[email protected]>; '[email protected]' <[email protected]>; 'Karen Macedonio' <[email protected]>; 'Jim Creighton' <[email protected]>; '[email protected]' <[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]>
Subject: The Reduction Plan found in Subsection 3-2.1.504 requires a correction in the Reduction formula consistent with proven mathematical theory
Importance: High
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
August 08, 2023 25

14. Article XIIID Section 3

15. Govt Code Section 50077 (Action 60 days)

16. Public Records Request 8.9.22

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.

August 08, 2023 26
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: 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
August 08, 2023 27
Measure C rate setting PROVEN VALID MATHEMATICAL FORMULA MUST BE USED DJ Twohig <[email protected]>
Thu 8/3/2023 1:21 AM
To:City Clerk <[email protected]>;City Manager <citymanager@californiacityca.gov>;[email protected] <[email protected]>;Kelly Kulikoff <kkulikoff@californiacityca.gov>;[email protected] <[email protected]>;Karen Macedonio <kmacedonio@californiacityca.gov>;Jim Creighton <[email protected]>;Michael Kulikoff <mkulikoff@californiacityca.gov> Cc:Kerntax <[email protected]>;Laura Dougherty <[email protected]>;[email protected] <[email protected]>
4 attachments (649 KB)
Ex 5 Public Safety Sustainability w Corrected Rate Calc Formula 2023-24 (Valid)2.pdf; 23-24 SA Critical Dates handout.docx; Administration of Cannabis Tax 7.18.23.pdf; CAL CITY COUNCIL BROKEN PROMISES (7.27.23)v2.pdf; EXTERNAL MESSAGE: Use caution when clicking links or attachments Ex 5 Public Safety Corrected Rate Calc Formula 2023-24 (w PROVEN VALID MATHEMATICAL FORMULA) Attn: City Clerk, Please include this email and all attachments (including each by title) in the AGENDA PACKAGE under Public Comments for review and re-consideration by sitting Council, include in the official record, attach all to the minutes and distribute as per policy at City Council meeting Tuesday August 8, 2023.

Nowhere in the City Ordinance or ballot Measure C do voters approve setting a parcel tax rate MORE THAN THE REDUCTION PLAN provides for.

In relevant context, the minimum rate reduction cannot exceed a rate “that would be necessary to raise an amount of revenue equal to ninety percent of "new revenue."
The sitting Council has violated Constitutional requirements of Prop 218, using an invalid math formula to calculate the minimum rate reduction. Please refer to the letter the City received July 20, 2023 in email from my office forward from Howard Jarvis Taxpayers Association, KernTax and my office relating to appropriate application of voter approved special tax rate reduction formula.
· Ex 5 Public Safety Corrected Rate Calc Formula 2023-24 (w PROVEN VALID MATHEMATICAL FORMULA) is attached; the same valid formula my office recommended with handouts distribute to City Council, City Manager Elmes, Counsel Ponto at July 25, 2023 under NB1. Measure C special tax rate setting event. · Administration of Cannabis Tax 7.18.23 letter attached. · Please see 23-24 SA Critical Dates handout attached, as provided by County Offices (Corina Camarillo, fiscal support specialist).

The Video feed of the rate setting fiasco July 25, 2023 by this sitting Council is available on the City website. The video feed is available https://californiacity.granicus.com/MediaPlayer.php?view_id=1&clip_id=355 NB1. Special Parcel Tax rate setting begins 4:49:00
· D.J. Twohig (my) comments begin 4:52:05
August 08, 2023 28
· Council Smith comments are relevant asking about the City rate reduction plan invalid calculations including estimated 15,000 delinquent parcels who are NOT paying “that would be necessary to raise an amount of revenue equal to ninety percent of "new revenue." · Council Macedonio asked questions of the City lawyer which is inaudible. City lawyer appears to be sidestepping the question posed of him relating to special parcel tax voter approved minimum reduction plan formula.
· Former Council Dr. Nick also submitted analysis saying minimum rate reduction plan is not implemented per the ballot measure.

Additionally, the City errantly chose to omit all related submissions to City Clerk and City Officials 37 hours before the AGENDA PACKAGE posted Friday night July 21st. Omitted references in the AGENDA PACKAGE including attachments, analysis, records and sourced data, facts disputing the City Finance Dept. practices including an INVALID MINIMUM RATE REDUCTION CALCULATION.

Under separate cover, you have received referenced sourced materials, which I believe irrefutably demonstrate the City has more than broken promises; has violated Prop 218 in administration of Measure C under Code 3-2.1 and violated its own code in the administration of cannabis business tax under Code 3-2.8.

Respectfully submitted,
D.J. Twohig
President/CEO
BIG WEST CORP. & CANNA SYSTEMS CORP.
"Building Better Communities"
Cell/Field #: 951.545.7294
August 08, 2023 29
Reconsideration Necessary of Special Tax Rate Setting Event July 25, 2023 DJ Twohig <[email protected]>
Thu 8/3/2023 5:35 PM
To:City Manager <[email protected]>;[email protected] <[email protected]>;City Clerk <[email protected]>;Kelly Kulikoff <kkulikoff@californiacityca.gov>;[email protected] <[email protected]>;Karen Macedonio <kmacedonio@californiacityca.gov>;Jim Creighton <[email protected]>;'Adrian De Leon' <[email protected]> Cc:Kerntax <[email protected]>;Laura Dougherty <[email protected]>;[email protected] <[email protected]>;Mojave Desert News - Editor <[email protected]> 2 attachments (2 MB)
KernTax letter to Council and Management; Reconsideration Necessary of ST Rate Setting Event July 25, 2023.pdf; 07252023 Council Meeting Agenda Packet-NB1 Rate Setting (p 142-147) highlight Sec 3.pdf; 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 under Public Comments for review and re-consideration by sitting Council, include in the official record, attach all to the minutes and distribute as per policy at City Council meeting Tuesday August 8, 2023.

Attn: City Manager Elmes, Honorable Mayor Kulikoff and Council, and Counsel Ponto Please see KernTax letter to City Council and Management attached. Is necessary to reconsider your vote on rate setting event July 25, 2023.

Please bring your attention to each of the comments in the KernTax letter and prepare yourselves to do the right thing – Move to AGENDA Item no later than August 8, 2023 to Redress your VOTE on Special Tax Measure C rate setting and redress your certification July 25, 2023 (under oath to protect the California Constitution), as required in the City Resolution 07-23-2994 (copy attached).

You have the SA critical dates provided under separate cover; you are made aware the County requires a corrected Resolution including corrected certification by or before August 10, 2023. The contact is Fiscal support Specialist Corina Camarillo as you have been previously made aware.

I am available, upon request to provide reference and background to seek a remedy to City Council Quorum violation of oath of Office to uphold California Constitution including Prop 218 amendments.

You’ve been noticed on multiple occasions; you are made aware and have reason to have knowledge of your violation – certifying Resolution setting a special tax rate and levy that is NOT VOTER APPROVED; a direct violation of Prop 218.

Respectfully submitted,
D.J. Twohig
President/CEO
BIG WEST CORP. & CANNA SYSTEMS CORP.
"Building Better Communities"
Cell/Field #: 951.545.7294
August 08, 2023 30
August 08, 2023 31
August 08, 2023 32
August 08, 2023 33
August 08, 2023
34 August 08, 2023
35 August 08, 2023
36 August 08, 2023 37
(a)
(b)
(c)
DIVISION 5. - SPECIAL PARCEL TAX
Sec. 3-2.1.501. - Short title.

This Division may be referenced to as the California City Public Safety Only Special Parcel Tax Ordinance of 2018.
( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.502. - Tax levied.

An annual special tax is hereby levied by the City 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. ( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.503. - Maximum rate.

The rate of the tax against each lot and parcel in any tax year shall not exceed fifty cents per day, less the daily per parcel rate reduction for that tax year calculated pursuant to Section 3-2.1.504. ( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.504. - Rate reduction.

For each tax year, the Finance Director shall calculate a daily per parcel rate reduction. He or she shall present his or her calculation of the rate reduction to the City Council as part of the budget process.

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."
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 California City, CA Code of Ordinances about:blank
1 of 3 6/18/2021, 11:18 PM
August 08, 2023 38
(d)
Fiscal Year 2019-2020.

For purposes of this section, "qualified revenue" means all tax receipts from (i) the ad valorem property tax; (ii) the sales and use tax imposed pursuant to the Uniform Local Sales and Use Tax Law of the City of California City; and (iii) the cannabis business tax imposed pursuant to Section 3-2.8.050 of this Code.
( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.505. - Annual proceedings.

The City Council is authorized to determine for each tax year, by ordinance or resolution, the tax levied against each lot or parcel. The tax for a tax year shall be calculated based on a single flat rate per lot or parcel. The ordinance or resolution shall list each taxed lot or parcel by assessor's parcel number.

The ordinance or resolution shall constitute the official record of the assessment of the special tax, and a copy thereof, together with any other pertinent data, shall be transmitted to the appropriate county officials to facilitate collection of the tax.

The tax levied against any lot or parcel pursuant to this section for a tax year shall be no greater than 365 (or 366 if the tax year contains a leap day) times the daily rate permissible pursuant to Section 3-2.1.503.
( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.506. - Collection.

All tax proceeds received shall be divided evenly between two (2) special funds: (i) the Police Special Tax Fund and (ii) the Fire/EMS Special Tax Fund.

Funds in the Police Special Tax Fund, and earnings thereon, shall be used only for police equipment, vehicles, supplies, training, facilities, administrative expenses, operating expenses (including dispatch), maintenance expenses, personnel costs and associated overhead costs.

Funds in the Fire/EMS Special Tax Fund, and earnings thereon, shall be used only for fire, emergency California City, CA Code of Ordinances about:blank
2 of 3 6/18/2021, 11:18 PM
August 08, 2023 39
medical services, code enforcement, equipment, apparatus, vehicles, supplies, training, facilities, administrative expenses, operating expenses (including dispatch); maintenance expenses, fire prevention program expenses, personnel costs and associated overhead costs. ( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.508. - Accountability.

For so long as proceeds of the tax remain unexpended, the Finance Director of the City shall file an annual report with the City Council stating the amount of taxes collected, the amount expended, and the purpose of the expenditures. Such annual report shall relate to the Fiscal Year most recently ended and may be incorporated into or filed with the annual budget, audit or other appropriate routine report to the City Council.
( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.509. - Duration.

The levy of tax shall commence with tax year 2018-19. The final levy of the tax shall be for tax year 2023-2024, unless the tax is extended by a vote of the people. ( Ord. No. 18-767, § 1, 7-31-2018 )
Sec. 3-2.1.510. - Amendment.

The City Council may, by ordinance, amend, repeal, renumber or recodify any or all of the provisions of this section; provided, however, that no ordinance extending the tax beyond the dates set forth in Section 3-2.1.509 or increasing the maximum rate of the tax shall be effective unless submitted to, and approved by, the voters of the City as required pursuant to the applicable law at the time of such action ( Ord. No. 18-767, § 1, 7-31-2018 )
California City, CA Code of Ordinances about:blank
3 of 3 6/18/2021, 11:18 PM
August 08, 2023 40
(a)
(b)
ARTICLE 8. - CANNABIS BUSINESS TAX
Sec. 3-2.8.010. - Title.

This article shall be known as the Cannabis Business Tax. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.020. - Authority and Purpose.

The purpose of this article is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon Cannabis Businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts and square footage of plant canopy. It is not a sales and use tax, a tax upon income, or a tax upon real property.

The Cannabis Business Tax is a general tax enacted solely for general governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this article shall be placed in the City's general fund and be available for any legal municipal purpose. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.030. - Intent.

The intent of this article is to levy a tax on all Cannabis Businesses that operate in the City, regardless of whether such business would have been legal at the time this article was adopted. Nothing in this article shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.040. - De�nitions.

The following words and phrases shall have the meanings set forth below when used in this article:
"Business" shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, California City, CA Code of Ordinances about:blank
1 of 15 6/18/2021, 11:27 PM
August 08, 2023 41
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code and is not limited to medical cannabis.
"Cannabis product" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Cannabis product" also means marijuana products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medical cannabis products.
"Canopy" means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.
"Cannabis business" means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, of cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit.
"Cannabis business tax" or "business tax," means the tax due pursuant to this article for engaging in cannabis business in the City.
"Commercial cannabis cultivation" means cultivation in the course of conducting a cannabis business.
"City permit" means a permit issued by the City to a person to authorize that person to operate or engage in a cannabis business.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.
"Employee" means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation. "Engaged in business as a cannabis business" means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such California City, CA Code of Ordinances about:blank
2 of 15 6/18/2021, 11:27 PM
August 08, 2023 42

1. 2.

3. 4.

5. (l)
(m)
(n)

1. 2.

3. 4.
activities. A person shall be deemed engaged in business within the City if:

Such person or person's employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
Such person or person's employee owns or leases real property within the City for business purposes;
Such person or person's employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business; Such person or person's employee regularly conducts solicitation of business within the City; or
Such person or person's employee performs work or renders services in the City.

The foregoing specified activities shall not be a limitation on the meaning of "engaged in business."
"Evidence of doing business" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.
"Fiscal year" means July 1 through June 30 of the following calendar year. "Gross receipts," except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits and property of any kind or nature) received or payable for sales of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from gross receipts:

Cash discounts where allowed and taken on sales;
Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, California City, CA Code of Ordinances about:blank
3 of 15 6/18/2021, 11:27 PM
August 08, 2023 43

5. 6.

7. 8.
(o)
(p)
(q)
(r)
(s)
(t)
(u)
machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
Cash value of sales, trades or transactions between departments or units of the same business;
Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar; Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the finance department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees. "Lighting" means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation openings. "Nursery" means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number. "Sale" means and includes any sale, exchange, or barter. "State" means the State of California.
"State license," "license," or "registration" means a state license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable state law.
"Tax Administrator" means the Finance Director of the City of California City or his or her designee.

California City, CA Code of Ordinances about:blank
4 of 15 6/18/2021, 11:27 PM
August 08, 2023 44
(v)
(a)
(b)

1. a.
b.
c.
d.

2. 3.
(c)
(d)

1. a.
i.
ii.
"Testing Laboratory" means a cannabis business that (i) offers or performs tests of medical cannabis or medical cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state and (v) is registered with the State Department of Public Health.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.050. - Tax Imposed.

Beginning July 1, 2018, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax.

The initial rate of the cannabis business tax shall be as follows:

For every person who is engaged in commercial cannabis cultivation in the City:

Seven dollars ($7.00) annually per square foot of canopy space in facility that uses exclusively artificial lighting.

Five dollars ($5.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting.

One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.

Fifty cents ($0.50) annually per square foot of canopy space for any nursery.

For every person who engages in the operation of a testing laboratory: 2% of gross receipts.

For every person who engages in a cannabis business in the City other than commercial cannabis cultivation or the operation of a testing laboratory: 6% of gross receipts.

The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax.

However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to subdivision (d) of this section for the date on which the adjusted rate will commence.

The maximum rate shall be calculated as follows:

For every person who is engaged in commercial cannabis cultivation in the City:

Through June 30, 2021, the maximum rate shall be:

Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.

Five dollars ($5.00) annually per square foot of canopy space in a facility that uses a California City, CA Code of Ordinances about:blank
5 of 15 6/18/2021, 11:27 PM
August 08, 2023 45
iii.
iv.
b.

2. (a)
(b)
(c)
(d)
combination of natural and supplemental artificial lighting.

One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.

Fifty cents ($.50) annually per square foot of canopy space for any nursery.

On July 1, 2021 and on each July 1 thereafter, the maximum annual tax rate per square foot of each type of canopy space shall increase by the percentage change between January of the calendar year prior to such increase and January of the calendar year of the increase in the Consumer Price Index ("CPI") for all urban consumers in the LosAngeles-Riverside-Orange County areas as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.

For every person who engages in a cannabis business in the City other than commercial cannabis cultivation the maximum rate shall be the rate set forth in subdivision (b) of this section.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.060. - Reporting and Remittance of Tax.

The cannabis business tax imposed by this article shall be paid, in arrears, on a quarterly basis. For commercial cannabis cultivation, the tax due for each calendar quarter shall be based on the square footage of the business's canopy space during the quarter and the rate shall be 25% of the applicable annual rate. For all other cannabis businesses activities, the tax due for each calendar quarter shall be based on the gross receipts for the quarter.

Each person owing cannabis business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the Tax Administrator a statement of the tax owed for that calendar quarter and the basis for calculating that tax. The Tax Administrator may require that the statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar quarter shall be due and payable on that same date as the statement for the calendar quarter is due.

Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar quarters up to the calendar quarter during which cessation occurred.

The Tax Administrator may, at his or her discretion, establish shorter report and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure collection of the tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar quarter, be made by a taxpayer at the beginning that calendar quarter. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects California City, CA Code of Ordinances about:blank
6 of 15 6/18/2021, 11:27 PM
August 08, 2023 46
(e)
will be owed by the taxpayer for the calendar quarter. The Tax Administrator may require that a taxpayer make payments via a cashier's check, money order, wire transfer, or similar instrument.

For purposes of this section, the square feet of canopy space for a business shall be rebuttably presumed to be no less than the maximum square footage of canopy allowed by the business's City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case shall canopy square footage which is authorized by the permit or license but not utilized for cultivation be excluded from taxation unless the Tax Administrator is informed in writing, prior to the period for which the space will not be used, that such space will not be used.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.070. - Payments and Communications—Timely Remittance.

Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday, the due date shall be the next regular business day on which the City is open to the public. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.080. - Payment—When Taxes Deemed Delinquent.

Unless otherwise specifically provided under other provisions of this article, the taxes required to be paid pursuant to this article shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 3-2.8.060 and 3-2.8.070. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.090. - Notice not Required by the City.

The City may as a courtesy send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this article. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this article.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.100. - Penalties and Interest.

California City, CA Code of Ordinances about:blank
7 of 15 6/18/2021, 11:27 PM
August 08, 2023 47
(a)

1. 2.

3. (b)
(a)
(b)
(a)
(b)
Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this article on or before the due date shall pay penalties and interest as follows:

A penalty equal to 10% of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of 1.0% per month.

If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to 25% of the amount of the tax, plus interest at the rate of

1.0% per month on the unpaid tax and on the unpaid penalties.

Interest shall be applied at the rate of 1.0% per month on the first day of the month for the full month, and will continue to accrue monthly on the tax and penalty until the balance is paid in full.

Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this section, and any other amount allowed under state law. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.110. - Refunds and Credits.

No refund shall be made of any tax collected pursuant to this article, except as provided in Section 3-2.8.120.

No refund of any tax collected pursuant to this article shall be made because of the discontinuation, dissolution, or other termination of a business. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.120. - Refunds and Procedures.

Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this article, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one year of the date the tax was originally due and payable.

The Tax Administrator, his or her designee or any other City officer charged with the administration of this article shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such California City, CA Code of Ordinances about:blank
8 of 15 6/18/2021, 11:27 PM
August 08, 2023 48
(c)
(a)
(b)
(c)

1. 2.

3. 4.

5. 6.
examination of claimant's books and business records after request by the Tax Administrator to do so.

In the event that the cannabis business tax was erroneously paid and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one year from when the error was identified.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.130. - Personal Cultivation not Taxed.

The provisions of this article shall not apply to personal cannabis cultivation as defined in the "California Control, Regulate and Tax Adult Use of Marijuana Initiative". This article shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that personal use. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.140. - Administration of the Tax.

It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this article.

For purposes of administration and enforcement of this article generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this article as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

The Tax Administrator may take such administrative actions as needed to administer the tax, including but not limited to:

Provide to all cannabis business taxpayers forms for the reporting of the tax; Provide information to any taxpayer concerning the provisions of this article; Receive and record all taxes remitted to the City as provided in this article; Maintain records of taxpayer reports and taxes collected pursuant to this article; Assess penalties and interest to taxpayers pursuant to this article; Determine amounts owed and enforce collection pursuant to this article. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.150. - Appeal Procedure.

California City, CA Code of Ordinances about:blank
9 of 15 6/18/2021, 11:27 PM
August 08, 2023 49
Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this article may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the serving or mailing of the determination of tax due. The City Clerk shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at the last known place of address. The finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this article for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.160. - Enforcement—Action to Collect.

Any taxes, penalties and/or fees required to be paid under the provisions of this article shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this article or the failure to comply with any of the provisions of this article. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.170. - Apportionment.

If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.180. - Constitutionality and Legality.

This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this article shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other California City, CA Code of Ordinances about:blank
10 of 15 6/18/2021, 11:27 PM
August 08, 2023 50
(a)
(b)
(a)
(b)
provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.190. - Audit and Examination of Premises and Records.

For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records.

It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee shall have the right to inspect at all reasonable times. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.200. - Other Licenses, Permits, Taxes, Fees or Charges.

Nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other article of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other article of this Code or any other ordinance or resolution of the City. Any references made or contained in any other article of this Code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other article of this Code.

Notwithstanding subdivision (a) of this section a cannabis business shall not be required to pay the license fee required by Division 2 of Article 3 of Chapter 2 of Title 3 of this Code so long as all of business's activities within the City that would require payment of a license fee are activities subject to the cannabis business tax.

California City, CA Code of Ordinances about:blank
11 of 15 6/18/2021, 11:27 PM
August 08, 2023 51
(c)
(a)
(b)
(a)

1. The Tax Administrator may revoke or refuse to renew the license required by Section 3-3.2.201 of this Code for any business that is delinquent in the payment of any tax due pursuant to this article or that fails to make a deposit required by the Tax Administrator pursuant to Section 3-2.8.060.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.210. - Payment of Tax does not Authorize Unlawful Business.

The payment of a cannabis business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable state laws.

No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.220. - De�ciency Determinations.

If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this article is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable.

One or more deficiency determinations of the amount of tax due for a period or periods may be made.

When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3-2.8.240. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.230. - Failure to Report—Nonpayment, Fraud.

Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this article at any time:

If the person has not filed a complete statement required under the provisions of this article;
California City, CA Code of Ordinances about:blank
12 of 15 6/18/2021, 11:27 PM
August 08, 2023 52

2. 3.

4. (b)
If the person has not paid the tax due under the provisions of this article; If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this article; or
If the Tax Administrator determines that the nonpayment of any business tax due under this article is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this article and any other penalties allowed by law.

The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this article, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.240. - Tax Assessment—Notice Requirements.

The notice of assessment shall be served upon the person either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this article; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.250. - Tax Assessment—Hearing, Application and Determination.

Within thirty (30) days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the California City, CA Code of Ordinances about:blank
13 of 15 6/18/2021, 11:27 PM
August 08, 2023 53
person requesting such hearing not later than five (5) days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section 3-2.8.240 for giving notice of assessment. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.260. - Conviction for Violation—Taxes not Waived.

The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this article or of any state law requiring the payment of all taxes.
( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.270. - Violation Deemed Misdemeanor.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.280. - Severability.

If any provision of this article, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or the application of this article to any other person or circumstance and, to that end, the provisions hereof are severable. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.290. - Remedies Cumulative.

All remedies and penalties prescribed by this article or which are available under Title 1 of the City Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. ( Ord. No. 17-748, § 1, 6-6-2017 )
Sec. 3-2.8.300. - Amendment or Repeal.

California City, CA Code of Ordinances about:blank
14 of 15 6/18/2021, 11:27 PM
August 08, 2023 54
(a)
(b)
(c)
This article may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this article. The people of the City of California City affirm that the following actions shall not constitute an increase of the rate of a tax:

The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the City Council has acted to reduce the rate of the tax; An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; or The collection of the tax imposed by this article, even if the City had, for some period of time, failed to collect the tax.
( Ord. No. 17-748, § 1, 6-6-2017 )
California City, CA Code of Ordinances about:blank
15 of 15 6/18/2021, 11:27 PM
August 08, 2023 55
Thank you for the opportunity to submit a short primer regarding special taxes, specifically Measure C.

General and Special Taxes
There are two broad categories of taxes: general and special. General taxes typically fund general services, including police, fire, library, and other general welfare activities. The local governing body has discretion and flexibility over the use of its general tax dollars.

Special taxes are defined in the Constitution as “any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.” Per Propositions 13 and 218, two of the most significant taxpayer protection provisions in our state constitution, general taxes require simple majority voter approval and special taxes require a 2/3 supermajority. (Proposition 13 requires 2/3 voter approval for special taxes in Article XIII A, section 4 and Proposition 218 requires the same in Article XIII C, section 2(d).) The 2/3 consensus required for special taxes ensures that there is broad public support for the specialpurpose tax, because the local government will not have the flexibility to redirect those funds later.

A special tax can be a parcel tax, a type of property tax that was not intended or envisioned by Propositions 13 or 218. Parcel taxes circumvent Proposition 13’s strict limits on property tax increases. They are highly regressive because they are per parcel rather than per value or per use, so the owner of a mega-mansion will pay the same as an owner of a small two-bedroom house or a parcel of low-value bare land.

Status of Measure C
Measure C is certified to have received the required 2/3 supermajority voter approval. Measure C was properly characterized as a “special tax” because it is specifically dedicated to funding police and fire services. Measure C is also a parcel tax because it is charged as a flat rate per parcel on top of the standard ad valorem (based on value) tax.

A similar measure – Measure B – was defeated on April 10, 2018, when only 58.81% of voters voted yes. Another similar measure – a previous Measure B – was defeated on June 6, 2017, when only 46.16% of voters voted yes. Thus, while Measure C passed, the parcel tax has a history of disapproval.

August 08, 2023 56
Potential for Extension of Measure C
Measure C expires in 2024. To extend it would again require 2/3 supermajority voter approval.

The Compromise in Measure C
To wean California City from depending on an unsustainable parcel tax for its basic services, section 3-2.1.504 set a maximum daily rate of $0.50 “less the daily per parcel rate reduction for that tax year calculated pursuant to section 3-2.1.504.” That reduction is to be made every year, and its amount is a subject of this public hearing. It’s equal to 90% of new revenue from ad valorem taxes, sales and use taxes, and cannabis taxes. The City is legally obligated to follow the exact formula in Measure C. It may not charge any more than the result of the calculation per sections 3-2.1.503 and 3-2.1.504.

Two points in the calculation should be addressed carefully before finalization:

1. Any under-reporting of cannabis tax revenue should be corrected, and all reporting of revenue must be made transparent to the public.

2. The calculation must be made such that it meets the standard of “necessary” in section 3-2.1.504(b). By including delinquent parcels in the calculation of the daily rate reduction, the City cannot meet the standard of “necessary to raise an amount of revenue necessary to equal 90% of ‘new revenue’.” It should exclude the delinquent parcels to calculate the amount “necessary.”
Other Options
General government services are usually funded with general taxes. This provides flexibility with growth, including flexibility for cost-of-living adjustments. In addition to ad valorem tax revenue, general taxes are commonly funded via sales and utility taxes. California City’s sales tax is currently 7.25% and could be increased to a maximum of 10.25%. These taxes based on use and consumption generally represent a more equitable distribution of the cost of services for activity within a city. Taxes on low-value bare land do not, and stunt economic growth to boot.

Indeed, given the ever-increasing delinquency rates on the Measure C tax in California City, the parcel tax model will not function long-term. And of course, economic growth itself will always provide greater tax revenue than increasing the rate of any chosen tax method.

Laura Dougherty
Director of Legal Affairs
Howard Jarvis Taxpayers Association
August 08, 2023 57
August 08, 2023 58
August 08, 2023 59
CNB1. D.J. Twohig Correction to Rate Calculation Table PROVEN MATHEMATICAL THEORY Measure C Rate Calculation (Valid v Invalid Formula)
Public Safety Only Special Parcel Tax
1a. FY XXXX-XX Ad Valorem Property Tax Revenue (20201 Fund) $ 5,000,000 $ 5,000,000 $ 6,000,000 1b. FY XXXX-XX Sales & Use Tax Revenue (Code 15031) $ 980,261 $ 980,261 $ 2,000,000 1c. FY XXXX-XX Cannabis Business Tax (CBT) Revenue $ 4,200,000 $ 4,200,000 $ 4,200,000 1 FY XXXX-XX Qualified Revnue (Sum of Lines 1a through 1c) $ 10,180,261 $ 10,180,261 $ 12,200,000 2a. FY 2017-18 Ad Valorem Property Tax Revenue $ 2,042,044 $ 2,042,044 $ 2,042,044 2b. FY 2017-18 Sales & Use Tax Revenue $ 360,439 $ 360,439 $ 360,439 2 FY 2017-18 Qualified Revenue (Sum of Lines 2a though 2b) $ 2,402,483 $ 2,402,483 $ 2,402,483 3a. New Revenue (Subtract Line 2 from Line 1) $ 7,777,778 $ 7,777,778 $ 9,797,517 3 90% of New Revenue (90% of Line 3a) $ 7,000,000 $ 7,000,000 $ 8,817,765 4a. Number of parcels levy/ paid tax (FY 2020-21 ST/ #paid) $ 37,683 Valid Theory $ 50,440 Invalid Hypothesis $ 50,440 Invalid Hypothesis 4b. Number of Parcel-Days (multiply Line 4a by 365) $ 13,754,295 Valid Theory $ 18,410,600 Invalid Hypothesis $ 18,410,600 Invalid Hypothesis 4c. Daily Tax Rate Reduction (Divide Line 3 by Line 4b) $ 0.5089 Valid Theory $ 0.3802 Invalid Hypothesis $ 0.4790 Invalid Hypothesis 4d. Mandatory Daily Rate Reductions (Round Line 4c down to Nearest Cent) $ 0.50 Valid Theory $ 0.38 Invalid Hypothesis $ 0.47 Invalid Hypothesis 4 Annual Mandatory Max Tax Redcution (Multiply Line 4d by 365) $ 182.50 $ 138.70 $ 171.55 5a. Base Maximum Rate $ 182.50 $ 182.50 $ 182.50
5 Adjusted Maximum Rate (Subtract Line 4 from Line 5a) $ - $ 43.80 $ 10.95 Valid Mathmatical Theory Invalid Hypothesis Invalid Hypothesis Notes:

Only a valid mathmatical (Rigorously precise) theory can reduce the parcel tax to zero with new 90% of new revenue equal to $7 Million new revenue The formula on staff report is an invalid hypothesis 2021-22 Measure C paid Special Taxes (ST) Parcel Days/ Rounding down the reduction isn't helpful economic policy. $ 5,731,285 Current Secured $ 6,508,274 Total, w prior years, penalties, etc.
$ 1,975,136 90% of new revenue
$ 8,483,410 Combined ST w 90% of new revenue
$ 1,483,410 Excessive ST levy (More than $7M)
Valid Mathematical Theory Invalid Hypothesis Invalid Hypothesis August 08, 2023 60
CB1. D.J. Twohig Correction to Rate Calculation Table Aug 4, 2021 2021-22 STAFF UNVERIFIED CANNABIS REVENUE Rate Calculation (Recreated w corrected Formula)Public Safety Only Special Parcel Tax Comments 1a. FY 2020-21 Ad Valorem Property Tax Revenue $ 2,431,020 Kern County Auditor Source Data 1b. FY 2020-21 Sales & Use Tax Revenue $ 575,673 State Source Data 1c. FY 2020-21 Cannabis Business Tax (CBT) Revenue $ 1,118,957 Unverified Source Data 1 FY 2020-21 Qualified Revnue (Sum of Lines 1a through 1c) $ 4,125,650 Total Projected Qualified Revenue 2a. FY 2017-18 Ad Valorem Property Tax Revenue $ 2,042,044 Kern County Auditor Source Data 2b. FY 2017-18 Sales & Use Tax Revenue $ 360,439 State Source Data 2 FY 2017-18 Qualified Revenue (Sum of Lines 2a though 2b) $ 2,402,483 Total Qualified Revenue 3a. New Revenue (Subtract Line 2 from Line 1) $ 1,723,167 Unverified Source Data 3 90% of New Revenue (90% of Line 3a) $ 1,550,850 Unverified Source Data 4a. Number of parcels paid tax (FY 2020-21 ST/$153 levy) $ 37,703 $ 5,768,541 $ 153 $ 37,703 4b. Number of Parcel-Days (multiply Line 4a by 365) $ 13,761,595 Valid Mathmatical Theory 4c. Daily Tax Rate Reduction (Divide Line 3 by Line 4b) $ 0.1127 4d. Mandatory Daily Rate Reductions (Round Line 4c down to Nearest Cent) $ 0.11 More gimmicks 4 Annual Mandatory Max Tax Redcution (Multiply Line 4d by 365) $ 40.15 5a. Base Maximum Rate $ 182.50
5 Adjusted Maximum Rate (Subtract Line 4 from Line 5a) $ 142.35 August 08, 2023
61 Measure C reduction basis
tax rate $ 182.50
y.e. 6/30/2018 y.e. 6/30/2019
Sales & Use Tax $ 350,207.01 $ 354,788.85
County of Kern Summary Revenue Status Report-VLF & Property Tax $ 2,068,704.14 $ 2,112,906.79 Cannabis Taxes & Cultivation $ 65,488.11
$ 2,418,911.15 $ 2,533,183.75
Difference from eoy 2018 $ 114,272.60
10% to General Fund $ (11,427.26)
90% increment of new income $ 102,845.34
Reported Measure C collections $ 6,807,028.06
General Fund owes to Public Safety (policy recommended action) Sum of 90% new revenue & Measure C collections $ 6,909,873.40 Difference from $7mil $ (90,151.44)
Backstop Public Safety with General Fund Monies $ (192,996.78) 10% to General Fund (income from "new revenue") $ 11,427.26 General Fund Actual Outlay for Public Safety $ (181,569.52) Sum of Surplus-above $7mil
General Fund Actual Outlay for Public Safety
owed to Measure C tax reduction
Reported Measure C collections $ 6,807,003.22
tax rate $ 182.50
Payors 37298
August 08, 2023 62
$ 172.00 $ 153.00 $ 153.30
y.e. 6/30/2020 ye 6/30/2021 ye 6/30/2022
$ 413,098.66 $ 575,673.26 $ 738,665.33
$ 2,273,450.88 $ 2,431,019.88 $ 2,704,509.26
$ 463,458.27 $ 1,128,833.58 $ 1,200,000.00
$ 3,150,007.81 $ 4,135,526.72 $ 4,643,174.59
$ 731,096.66 $ 1,716,615.57 $ 2,224,236.44
$ (73,109.67) $ (171,661.57) $ (222,423.64)
$ 657,986.99 $ 1,544,954.00 $ 2,001,812.80
$ 6,708,176.91 $ 6,485,586.76 $ 6,523,403.21
$291,823.09 $514,413.24 $476,596.79 $1,282,833.12 total $ 7,366,163.90 $ 8,030,540.76 $ 8,525,216.01
$ 366,161.85 $ 1,030,540.76 $ 1,525,216.01 $ 2,921,918.62 $ 2,921,918.62
$ (181,569.52)
$ 2,740,349.10 72.72109705 per parcel owed
$ 6,708,174.86 $ 6,485,586.76 $ 6,523,403.21
$ 172.00 $ 153.00 $ 153.30
39001 42389 42553
August 08, 2023 63
CNB1. D.J. Twohig Correction to Rate Calculation Table DRAFT ONLY 2022-23 STAFF UNVERIFIED CANNABIS REVENUE & Valid Rate Calculation) Valid Mathematical Calculation Public Safety Only Special Parcel Tax 2022-23
1a. FY 2020-21 Ad Valorem Property Tax Revenue (20201 Fund) $ 2,704,509 Kern County Auditor Source Data 1b. FY 2020-21 Sales & Use Tax Revenue (Code 15031) $ 757,000 Est. Cal Dept of Tax & Fee Admin Source Data 1c. FY 2020-21 Cannabis Business Tax (CBT) Revenue $ 1,135,570 Unverified Source Data 1 FY 2020-21 Qualified Revnue (Sum of Lines 1a through 1c) $ 4,597,079 Total Unverified Qualified Revenue 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 though 2b) $ 2,402,483 3a. New Revenue (Subtract Line 2 from Line 1) $ 2,194,596 3 90% of New Revenue (90% of Line 3a) $ 1,975,136
4a. Number of parcels paid current tax (FY 2021-22 ST/$153.30 levy) $ 37,386 4b. Number of Parcel-Days (multiply Line 4a by 365) $ 13,645,890 4c. Daily Tax Rate Reduction (Divide Line 3 by Line 4b) $ 0.1447 4d. Mandatory Daily Rate Reductions (Round Line 4c down to Nearest Cent)$ 0.14 4 Annual Mandatory Max Tax Redcution (Multiply Line 4d by 365) $ 51.10 5a. Base Maximum Rate $ 182.50
5 Adjusted Maximum Rate (Subtract Line 4 from Line 5a) $ 131.40 *with Valid Mathematical Calculation Notes:

CBT remains unverified; NO TRANSPARANCY; needs to be collected, pre Ordinance 2022-23 Recommended range this year is $113^ - $131*
2021-22 Recommended rate $121#. - $142. $ 1,500,000 Estimated Overcharge 2021-22 2021-22 Overcharge up to $24.# (data driven; 2020-21 receipts) $ 37,683 #of parcel paid parcel tax $ 39.81 ^Overcharged per parcel 2021-22
2021-22
Proof of Overcharge (based on tax receipts)
August 08, 2023 64
August 08, 2023 65
August 08, 2023 66
Measure C ballot Is not binding! WOW!
Re-Read Code 3-2.1.504
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."
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 August 08, 2023 67
Kern County Taxpayers Association 1401 19th Street, Ste 200, Bakersfield, CA 93301 (661)322-2973 1 Documents/2022/KCTA/Communications
August 1, 2022
Honorable Mayor Jeanie O’Laughlin, Mayor Pro-Tem Nicholas Lessenevitch, Council Jim Creighton, Karen Macedonio, Kelly Kulikoff, and City Manager Doug Dunford.

Attn: City Clerk, please distribute to City Council and Public and attach to the minutes and records for Meeting August 3, 2022, and confirm the same.

RE: California City Special Parcel Tax Measure C Analysis/ Recommendations KernTax is a member-supported, 501(c) 4 non-profit corporation with the mission to bring about a more accountable, effective, efficient, and reliable government.

Basing its actions on common sense, innovation, and the long-term view, KernTax crafts positions based on adopted values. Founded in 1939, KernTax is the guard dog protecting the interests of Kern County taxpayers.

KernTax views any government collection of funds through any financial conduit as taxation, be it identified as a tax, a fee for government service or a regulated rate structure. If it is excessive or inappropriate, KernTax must act by charter to educate and facilitate resolution and ensure fair representation and treatment. We do not pursue subsidies; we seek a reasonable return to our local citizens from all regulatory bodies and their agents for levied taxes, fees, or structured rates.

KernTax Basic Principles for evaluating government actions:
• All Taxes & Fees must be fair, understandable, cost-effective, and good for the economy.
• All Expenditures must be transparent, fiscally responsible, economically sustainable, and societally equitable.

KernTax has been monitoring the City of California City for the past several years.

California City has unfortunately relied extensively on a contentious Special Parcel Tax to fund its general services, including Public Safety.

In last year’s particular parcel tax rate setting debacle, members of the City Council disregarded accurate budget analysis that documented the city income from Measure C special parcel tax rate setting exceeded an amount as described in Ordinance 3-2.8.501. The Council voted unwisely to raise the tax more significantly than the maximum permissible under the ballot measure (a violation of the City’s ordinance).

August 08, 2023 68
Kern County Taxpayers Association 1401 19th Street, Ste 200, Bakersfield, CA 93301 (661)322-2973 2 Documents/2022/KCTA/Communications
The August 4, 2021, Special meeting to set the special tax rate video feed is available on City Website under Archived Meetings.
https://us06web.zoom.us/rec/play/vRWbXGkMHzsDdvdmxyo7GmkxobOVcG5VLl Yu03XDxy4YNe9It6OR1vIDaSIq5_XDManHIao3jh8qvvfs.dAkosQgAwCbLPkSD?startTime=1 628125207000&_x_zm_rtaid=a5VJyoKuQ5eKbOfA8KxBw.1659297368442.c9ab68cbc458f09755b9a92366e9b9be&_x_zm_rhtaid=67 In recent months 2022, KernTax hosted meetings with two council members, namely Kelly Kulikoff, Karen Macedonio, Kern County Treasurer-Tax Collector Jordan Kaufman, Legal Director Laura Dougherty of Howard Jarvis Taxpayers Association, Kern County Chief Operating Officer James Zervis, Community Public Advocate Ron Smith, and KernTax Executive Director Michael Turnipseed and Director, D.J. Twohig.

During those meetings regarding California City Parcel Tax Dependency Unintended Consequences Study, it became clear to KernTax, that the City of California City has done little to nothing to a) plan strategically for fiscal sustainability or b) to reduce the special parcel tax dependency structure, or c) to improve budget priority setting, or d) to eliminate obstruction of industry attempts to develop properties in the community.

KernTax has expressed critical concern about the impending end of the special parcel tax policy; what is the plan for fiscal sustainability other than a regressive parcel tax?
What steps has the City taken to reduce the dependency scheme and fund public safety in the general fund as it should be?
KernTax Recommendations for Measure C Rate Setting FY 2022-23 (In formula order):

1. Ensure accurate reporting of Ad Valorem property tax. The staff report appears valid this year after reviewing the source: Kern County Auditor summary reports.

Last year, during the rate-setting fiasco, KernTax hosted Mayor O’Laughlin and Council member Karen Macedonio in which Kern County Chief Operating Officer James Zervis detailed why VLF in Lieu is, in fact, Ad Valorem Property tax and is reported by Kern County Auditor-Controller office accordingly. KernTax acknowledges Mayor O’Laughlin and Council Macedonio for ensuring the correct Ad Valorem reporting in the rate setting.

2. Ensure the local sales and use tax is reported accurately, including all four quarters.

3. Ensure the collection, accounting, and reporting of Cannabis Business Tax (CBT) as detailed carefully in City Ordinance 3-2.8. No accurate accounting and reporting source has been provided to KernTax or the public to examine.

The Cannabis Code of Ordinance (3-2.8) is intricately intertwined with the Measure C Special Parcel Tax Ordinance (3-2.1). *** The city must correct its culture of ‘voluntary’ collections of CBT and ‘impose’ the tax, fines, penalties, interest, and collections, per Ordinance 3-2.8.

August 08, 2023 69
Kern County Taxpayers Association 1401 19th Street, Ste 200, Bakersfield, CA 93301 (661)322-2973 3 Documents/2022/KCTA/Communications

4. Add the Qualified Revenue; Ad Valorem, Sales & Use Tax and Cannabis Business Tax (CBT). Then subtract ‘Base Year’ Qualified Revenue from Qualified Revenue to equal ‘New Revenue.’

5. Multiply ‘New Revenue’ by 90% to deduct from the parcel tax levy. I am leaving 10% to allocate to General Fund budgeting.

6. Then, when 90% of ‘New Revenue’ is accurately reported, as required, correctly apply Sec. 3-2.504 (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." The daily rate reduction (rounded down to the nearest cent) is derived by dividing the new revenue by the number of current parcels who paid (pay) the tax (NOT THE NUMBER OF PARCELS LEVIED). The basis for this correction necessary to the City staff formula is found in the City Ordinance, “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."
… That would be necessary to raise an amount of revenue equal to ninety percent of “new Revenue” does not imply an amount required plus an extra amount equal to 25% greater than essential during the levy period, etc.

Please see Proven Mathematical Theory attached to demonstrate the illogical mathematical hypothesis of the City staff report. Exhibit 1.

Conclusion Rate Setting (2022-23)
a. This year (2022-23), the adjusted daily rate reduction should be $51. or more rate reduction. The maximum parcel tax should be $131. or less than the total rate. *** Not including probable under-reporting of CBT.

See attached Valid Maximum Rate Formula 2022.23. Exhibit 2. b. Last year (2021-22), the adjusted daily rate reduction should have been $42. or more rate reduction. The maximum parcel tax should have been $142. or less than the total rate.
*** Not including probable under-reporting of CBT.

See attached Valid Maximum Rate Formula 2021-22. Exhibit 3. c. Due to errors and omissions in rate setting, the city owes the taxpayer for overcharges. Make a finding necessary: A) Refund the difference owed for overcharges in prior years to the taxpayer directly, or b) Apply the difference owed for overcharges in prior years to the taxpayer directly on 2022-23 property tax bills.

For cumulative overcharges, See the attached 22-07-24 Nick Measure C rate reduction summary. Exhibit 4.

August 08, 2023 70
Kern County Taxpayers Association 1401 19th Street, Ste 200, Bakersfield, CA 93301 (661)322-2973 4 Documents/2022/KCTA/Communications
KernTax Additional Recommendations to California City Management Team:
i) During budget priority setting, budget to invest critical positions including economic development, planning, and building dept. With a lawful approach to streamline permitting processes to help build a more excellent general tax base as necessary to sustain public services.
ii) Without belaboring the recent Grand Jury report findings, it is clear the City of California City should be taking steps to improve efficiencies, develop the management team with experienced professionals, reduce exposure to liability and build upon its broad tax base.

Respectfully,
Michael Turnipseed
Executive Director
cc: Laura Dougherty, Legal Director, Howard Jarvis Taxpayers Association, James Zervis, Kern County Chief Operating Officer, CPA, CPFO Jordan Kaufman, Kern County Treasurer/ Tax Collector,
D.J. Twohig, Director KernTax
August 08, 2023 71
August 08, 2023 72

MEASURE C SPECIAL TAX
RATE SETTING AUG. 3, 2022

ANALYSIS/ RECOMMENDATIONS

SUPPORT SUPERIOR ECONOMIC POLICIES & TRANSPARENCY
Presented by: D.J. Twohig, President/CEO
August 08, 2023 73

WE NEED YOUR SUPPORT

SUPPORT SUPERIOR ECONOMIC POLICY
• Support superior economic policy.
• Support transparency.
• The ballot language and Ordinance explain what is permissible. • The math should be corrected…
• The reduction must be … an amount of revenue equal to ninety percent of “new revenue”.
• Set a rate less than the maximum rate (NOT MORE THAN). • Make a finding; last year rate was excessive. Either i) refund the excessive tax or ii) reduce the tax this year further.

August 08, 2023 74
• Government Code Section 54950. The Brown Act.
• In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
• The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

WE NEED YOUR SUPPORT

SUPPORT TRANSPARENCY
August 08, 2023 75
• 3-2.1.504 (d) “Qualified
Revenue”:
• Includes… The
cannabis business tax
imposed pursuant to
Section 3-2.8.050

WE NEED YOUR SUPPORT

ACCOUNT & REPORT IMPOSED CBT COLLECTIONS
August 08, 2023 76
• 3-2.1.504 (b)
• … That would be
necessary to raise
an amount of
revenue equal to
ninety percent of
“new revenue”.

WE NEED YOUR SUPPORT

THE LANGUAGE IN THE ORDINANCE
August 08, 2023 77
$1,975,136/ 37,386 is
$52. (parcel days/
rounded down drops
to $51) per parcel
reduction.

Valid Mathematical
Theory is necessary to
raise an amount of
revenue equal to
ninety percent of
“new revenue”.

WE NEED YOUR SUPPORT

VALID MATHEMATICAL CALCULATION
August 08, 2023 78
3-2.1.504 (b)
• … That would be
necessary to raise
an amount of
revenue equal to
ninety percent of
“new revenue”.

Mathematical -
Rigorously precise.

WE NEED YOUR SUPPORT

VALID MATHEMATICAL CALCULATION
August 08, 2023 79
•Only a valid mathematical
(Rigorously precise) theory
can reduce the parcel tax
to zero with 90% of new
revenue equal to $7 Million

WE NEED YOUR SUPPORT

VALID MATHEMATICAL CALCULATION
3-2.1.504 (b)
• … That would be
necessary to raise
an amount of
revenue equal to
ninety percent of
“new revenue”.

Mathematical -
Rigorously precise.

August 08, 2023 80
• Preliminary 2nd half delinquencies 15,602
• Preliminary default rate eclipsed 30%.
• Final 2nd half delinquencies (after collections) are projected to be over 25%. • All time high delinquencies.
• More housing demand throughout past several years hasn’t helped reduce the trend of ever increasing tax default sales.
• Nearly a thousand property owners each year will lose their properties to tax sales. • 835 more properties in California City jurisdiction were added to POWER-TO-SELL list this year alone. - Sources: Kern County Auditor, Treasurer & Tax Collector

WE NEED YOUR SUPPORT

SUPPORT SUPERIOR ECONOMIC POLICY
August 08, 2023 81
• Support superior economic policy.
• Support Transparency.
• The ballot language and Ordinance explain what is permissible. • The math should be corrected…
• The reduction must be … an amount of revenue equal to ninety percent of “new revenue”.
• Set a rate $113 to $131. as recommended by KernTax
• *131. will result in taxes greater than estimated $7M (see ballot language). • Make a finding; 2021-22 rate was excessive rate. Either i) refund the excessive tax or ii) reduce the tax this year further.

WE NEED YOUR SUPPORT

SUPPORT SUPERIOR ECONOMIC POLICY
August 08, 2023 82
August 08, 2023 83
August 08, 2023 84
August 08, 2023 85
August 08, 2023 86
August 08, 2023 87
August 08, 2023 88
August 08, 2023 89
August 08, 2023 90
August 08, 2023 91
August 08, 2023 92
August 08, 2023 93
August 08, 2023
94 August 08, 2023
95 August 08, 2023
96 August 08, 2023
97 August 08, 2023
98 August 08, 2023
99 Special Assessment 2023-2024 – Critical Dates
Special Assessment Requirements Description of requirement Due Date* District Maintenance
Information**
Existing SA Funds – updated DMI form with
updated authorized personnel (original
signed form required) 5/5/2023
New Special Assessment Funds
New Fund Request Form ** & Board Letter of
Authorization –
Contact Mayte Olivas for establishment of
new funds [email protected] 5/5/2023
Rate Code Schedule**
Updated Rate Code Schedule - must establish
rate code(s) prior to any submission of
submittal for parcel changes 5/12/2023
Agreement for new fund special
assessment
Agreement for the Collection of Special
Assessment** authorizing:
1) placement of Assessment on tax roll; and,
2) Collection of A/C Charge 5/12/2023
Submittal Processing for tax roll
Parcel Adds, Changes or Deletes (See format
below). No submittals for parcel adds will not
be accepted after July 7th. Each District will
be responsible for their own billing beyond
this date.
5/22/2023 thru
7/7/2023
Review of Final Billing Report
(KP96) and resubmittals
Final submittals for corrections/mistakes
(parcel changes/deletes only)
7/10/2023 thru
8/4/2023
Board Resolution (Original or
certified copy)
The following is required for each fund:
1) Flat Amount Parcel Exhibit
2) Rate Code/Rate Schedule
3) Assessment Authorities:
a) Placement on Tax Roll
b) Statutory Authority Citation
c) Minimum Charge
d) Proposition 218 compliant statement 8/10/2023
* You must perform the described task by the above dates, or the County reserves the right to not place your district’s charges on the roll. ** Forms can be found on our website www.auditor.co.kern.ca.us/specialassessments If you have any questions, please contact special assessment desk at (661)868-3536 or email [email protected]
August 08, 2023 100
Special Assessment – Rules & Requirements
Resolution - Requirements
Your resolution must:
1) Include a list of all parcels with a Flat Amount (Exhibit) 2) Include Rate Code schedule with the related rate and a list of parcels with corresponding rate code and multiplier (Exhibit)
3) Authorize Auditor to place your assessment on the tax roll 4) Cite state law sanctioning assessment
5) Authorize minimum charge if applicable
6) Be filed with Kern County-Auditor’s office by August 10, 2023 7) Must state that district is compliant with Proposition 218 1915 Act Bond - If First Year on Tax Roll
You must submit to the Auditor’s office:
1) A resolution authorizing sale of bond
2) A resolution authorizing Auditor-Controller to include on the tax roll 3) Amortization schedule of the bond (duration of the bond) 4) Agreement for the Collection of Special Assessment
5) Assessment amounts should be in even cents (if at all possible)

Note: The Auditor-Controller assumes that, the per parcel charge, is included in your bill amount. ($.22/parcel charge 2023-2024 Fiscal Year)
Special Assessment Other Than 1915 Act Bond
1) Assessment amounts should be in even cents
2) The Auditor-Controller’s per parcel charge will be added unless otherwise instructed
August 08, 2023 101
Special Assessment – Roll Correction Rules
Roll Corrections
Remember that your district certifies the parcels to be billed in the resolution provided to us. Any corrections (changes or deletes) should only be to those parcels certified to us. If your district is requesting additions, they should only be for full year billings that were missed in error in the final submittal prior to initial billing.

Corrections will be made for errors or foreclosures.

No corrections will be made for the following:
1) Prepayment of Special Assessment
2) Property sale facilitation
3) Calming a Taxpayer
4) Mid-year billing purposes
Corrections resulting in a decrease will be processed until May 17th, 2024.

Corrections resulting in an increase to a certified parcel will only be processed during the following dates:

September 5th, 2023 - October 23rd, 2023
December 19th, 2023 - February 16th, 2024
April 15th, 2024 - May 17th, 2024

If your district has escape assessments for partial year billings and you do not bill directly, an escape-billing fund can be established with us. The billing would be in the next fiscal year.

Submittals should be submitted in the correct format. After processing the corrections, a report detailing the accepted and rejected roll corrections will be sent to you via e-mail or postal mail.

August 08, 2023 102
Special Assessment – Submittal Format
Submittals must be in excel format that follows:

The following headers must be at the top of all submissions:

The following are examples of submittals:

Notice in the example that you do not need the preceding zeros on ATN numbers. Also, for deletions, designated by the D in the Action Code line, you only need the Rate Code, not the Multiplier or Flat Amount if any.

Please make sure that the information is in a spreadsheet or database format. Excel is preferred and is what will be used to generate reports for each of the districts from the Auditor’s Office.

Our E-mail address is: [email protected] for all billing and roll correction submittals.

August 08, 2023 103

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
142August July 25, 20208, 20233
104
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
August July 25, 20208, 20233
105
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 144August July 25, 20208, 20233
106
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
August July 25, 20208, 20233
107
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
August July 25, 20208, 20233
108
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
August July 25, 20208, 20233
109
August 08, 2023 110
CALIFORNIA CITY COUNCIL BROKEN PROMISES!
Op-Ed By D.J. Twohig, President/CEO BIG WEST CORP.

The City of California City appears negligent in fidelity to taxpayers and duty to strategically plan for fiscal sustainability. Instead of any meaningful effort to plan strategically, California City leadership voted 4-1 Tuesday July 25, 2023 to set the parcel tax amount greater than ballot Measure C allows – without any fiduciary or fidelity to the taxpayers it appears.

Other than Mayor Pro-Tem Ron Smith, the dissenting vote, there is NO VOICE on sitting Council to address Finance Dept. invalid formula recommended maximum special parcel tax rate adopted for next fiscal year tax levy.

MEASURE C TAXPAYERS ARE GETTING HOSED BY MAYOR KULIKOFF AND FOUR MEMBERS OF CITY

COUNCIL
The result of failed leadership? A never ending epic parcel tax plague on property values including a 130% default rate.

This City Council voted 4-1 prematurely July 25, 2023 to once again raise the parcel tax more than lawfully allowed under Prop 218. NO questions were asked about the consequences of the additional parcel taxes levied on top of the general tax levy – which general tax is designed to fund public safety.

When Council Macedonio asked City Attorney about the constitutional validity of the City formula used in setting the rate more than the ballot measure allows; the attorney response is mostly inaudible.

Fourth quarter Cannabis Business Tax (CBT) is NOT due until July 31, 2023. Collection letters mailed as late as July 18, 2023, days before the Agenda package was published with pre-determined invalid mandatory rate reduction calculation. The fourth quarter imposed cannabis business tax required in the Code of Ordinance 3-2.8 must be fully examined and included in the new qualified revenue, per ballot measure C as clearly described in the Code of Ordinance 3-2.1.

The City Resolution to set the rate, in fact, is not due until August 10th. There is plenty of time to make a correction to rate setting, as necessary.

Instead of limiting special taxes the City levies, according to widely popular Prop 13 ad valorem (according to value) and Prop 218, four (4) members of City Council voted to levy additional special parcel taxes which would amount to another levy much greater than the estimated $7 Million sum needed according to the Official ballot and ballot arguments. The special parcel tax schemes in California City – billed on top of the general property tax will be one of the most regressive, one of the most expensive and most destructive taxes in the state history.

None of the sitting Council has openly questioned or investigated the estimated millions of square feet of cannabis developments derailed in planning and ultimately omitted from planning reports by staff.

1 Kern County Auditor Controller reports 15,037 delinquencies eff. 5.15.23 (preliminary 2nd half reporting).

August 08, 2023 111
Applications from planning and building for the past few years have systemically been neglected, or unnecessarily delayed according to industry leaders. Many local stakeholders have shared their stories with me and others; if the City planning and building departments worked efficiently and streamline the permitting from the beginning, the City could have likely received more than estimated $10 Million in new general tax revenue to support public safety in the general fund.

Instead, tragically, the amount of Cannabis Business Tax reported publicly has declined.

Only Mayor Pro-Tem Smith asked about the lack of fidelity from City staff imposing the Cannabis Business Tax. Every imposed tax and related receipts, per licensee should be reported year over year for public examination. Thus far, no such accounting has been provided to the public pursuant to Public Records Act served on the City.

The City Manager duty to administer the tax in accordance to the cannabis tax ordinance 3-2.8 is directly linked to the parcel tax reduction rate, according to Ordinance 3-2.1. Why the cat and mouse game? What the hell is going on here?
Several sections of the cannabis tax ordinance deliberately details how the imposed tax shall be administrated, including sections detailing Reporting and Remittance (3-2.8.060), When Taxes Deemed Delinquent (3-2.8.080), Penalties and Interest (3-2.8.100), Enforcement – Action to Collect (3-2.8.160), Deficiency Determinations (3-2.8.220) and Failure to Report – Nonpayment, Fraud (3-2.8.230). Who is accountable to tax administration and reporting? Questions Must Be Answered now! The bottom line: Taxpayers have little fidelity from City Officials! Do you think your elected Officials want to do the work to fix the broken promises? Is that too much to ask? August 08, 2023 112
NB1. D.J. Twohig Correction to Rate Calculation Table DRAFT ONLY 2023-24 UNVERIFIED CANNABIS REVENUE & Valid Rate Calculation Valid Mathematical CalculationPublic Safety Only Special Parcel Tax 2023-24 1a. FY 2021-22 Ad Valorem Property Tax Revenue (20201 Fund) $ 2,858,360 Kern County Auditor Source Data 1b. FY 2021-22 Sales & Use Tax Revenue (Code 15031) $ 663,172 Est. Cal Dept of Tax & Fee Admin Source Data 1c. FY 2021-22 Cannabis Business Tax (CBT) Revenue $ 960,346 Unverified Source Data *Probable Under-reported 1 FY 2021-22 Qualified Revnue (Sum of Lines 1a through 1c) $ 4,481,878 Total Unverified Qualified Revenue 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 though 2b) $ 2,402,483 3a. New Revenue (Subtract Line 2 from Line 1) $ 2,079,395 3 90% of New Revenue (90% of Line 3a) $ 1,871,456
4a. Number of parcels paid current tax $ 36,973
4b. Number of Parcel-Days (multiply Line 4a by 365) $ 13,495,145 4c. Daily Tax Rate Reduction (Divide Line 3 by Line 4b) $ 0.1387 4d. Mandatory Daily Rate Reductions (Round Line 4c down to Nearest Cent) $ 0.13 4 Annual Mandatory Minimum Tax Redcution (Multiply Line 4d by 365) $ 47.45 5a. Base Maximum Rate $ 182.50
5 Adjusted Maximum Rate (Subtract Line 4 from Line 5a) $ 135.05 *with Valid Mathematical Calculation CBT unverified; under-reported imposed CBT, per Code2022-23 Recommended range $131 - $135* Estimated Overcharge 2023-242022-23 Overcharge up to #of parcel est. to pay parcel tax ^Overcharged per parcel 2022-23 (based upon ST @ $XXX)
2022-23 Recommended range $113 - $131* $ 1,026,341 Estimated Overcharge 2022-232022-23 Overcharge up to $28 $ 36,973 #of parcel paid parcel tax $ 27.76 ^Overcharged per parcel 2022-23 (based upon ST @ $146.00) 2021-22 Recommended rate $121. - $142.* $ 1,525,000 Estimated Overcharge 2021-222021-22 Overcharge up to $40. (based up 2020-21 new revenue w ST @ $153) $ 37,683 #of parcel paid parcel tax $ 40.47 ^Overcharged per parcel 2021-22 (based upon ST @ $153.30) Proof of Overcharge (based on tax receipts)
August 08, 2023
113
https://www.auditor.co.kern.ca.us/FMSReport/summary_revenue_status_report.aspx?fundNo=20201 https://www.cdtfa.ca.gov/taxes-and-fees/local-jur-statement.aspx 2021-22 2022-23
$ 6,508,273 Total $ 6,154,877 Total$ 5,731,285 Current $ 5,397,989 Current$ 776,988 Prior years $ 756,888 Prior years 153.3 146
37,386 36,973
Not including prior years $776,988 Not including prior years $756,888 $ 52.83 Min Reduction $ 50.62 Min Reduction (before rounding down) 118.24112.83
Special Tax Collections
August 08, 2023
114
August 08, 2023 115
August 08, 2023 116
August 08, 2023 117
August 08, 2023 118
CC 1.

August 08, 2023
119
August 08, 2023
120
August 08, 2023
121
August 08, 2023
122
August 08, 2023
123
August 08, 2023
124
August 08, 2023
125
August 08, 2023
126
August 08, 2023
127
August 08, 2023
128
August 08, 2023
129
August 08, 2023
130
August 08, 2023
131
ITEM NO. CC 2.

COUNCIL AGENDA ITEM
July 26, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Chlorine Injection Pump for Wells
BACKGROUND/ DISCUSSION:

Our water wells utilize a chlorine injection system to maintain safe drinking water for the City. An essential component of the system is a Chlorine Injection Pump (CIP). The CIP ensures that the correct amount of Chlorine is dispensed into the water system to maintain safe drinking water for the public.

Four quotes were received. Staff recommends purchasing the CIP from Misco Water as it includes a motor whereas the others do not and would require a separate purchase.

FISCAL IMPACT:

Current Fund Balance: 51-5115-256 $ 5,000.00
(FY22-23 budget $20,000 with council approved FY23-24 budget ext at 25%) Amount Requested from Fund: $ 4,410.00
Ending Balance: $ 590.00
RECOMMENDATION: Staff Recommends Council approved purchase of the chlorine injection pump from Misco Water.

ATTACHMENTS:

Misco Water
24hr Supply
PumpCatalog
Zoro
August 08, 2023 132
August 08, 2023
133
August 08, 2023
134
August 08, 2023
135
August 08, 2023
136
August 08, 2023
137
ITEM NO. CC 3.

COUNCIL AGENDA ITEM
August 8, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Amended Update to the Master Fee Schedule
BACKGROUND/ DISCUSSION: Staff is requesting a change in wording be allowed to be made to the July 25, 2023, approved DRAFT Master Fee. The requested change is on page 12, under Section 8; Airport (in red). No dollar amounts have been changed, only verbiage to include several mixed-use buildings on the airport that do not fall under any of the currently listed facilities.

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 requested change to the Revised DRAFT of the updated Master Fee Schedule.

ATTACHMENTS:

1. Revised DRAFT Master Fee Schedule 9.01.23
August 08, 2023 138
California City
Master Fee Schedule
September 1, 2023
(Effective Date September 1, 2023 - City Council Resolution Number )

MASTER FEE SCHEDULE
August 08, 2023 139

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
SECTION 1

ADMINISTRATIVE SERVICES FEES
August 08, 2023 140
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 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 $ 150.00 Annual (Gross Income > $10,000) +DSA Fee** $ 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 Location Film Permit $1,250.00 per Day, per Location. Plus, any fees charged by Fire, PD and/or Public Works Departments.
***Airport Filming Permit Fees – See Section 8
Section 1: Administrative Services Fees Page 3 of 26
SECTION 2

PLANNING DEVELOPMENT FEES
August 08, 2023 141

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) $ 250.00 (see note N) Major $ 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
SECTION 2

PLANNING DEVELOPMENT FEES
August 08, 2023 142

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.

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
SECTION 3

BUILDING DEPARTMENT FEES
Joe Barragan
August 08, 2023 143
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 $ 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 $ 150.00
Sign Permit $ 215.00 + $46.00 application fee + SB 1473 fee (Plus, Electrical permit if required)
Sign Permit: copy change only $ 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 – 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
SECTION 3

BUILDING DEPARTMENT FEES
August 08, 2023 144

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
SECTION 4

PUBLIC WORKS DEPARTMENT FEES
Joe Barragan
Public Works Director
August 08, 2023 145

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)
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
SECTION 5

WATER UTILITY SERVICES FEES
Joe Barragan
Public Works Director
August 08, 2023 146
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
SECTION 6

WATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
August 08, 2023 147
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
SECTION 7

WASTEWATER UTILITY PAYMENTS FEES
Joe Barragan
Public Works Director
MONTHLY WASTEWATER SERVICE PAYMENTS:

August 08, 2023 148
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 SECTION 8

AIRPORT SERVICES FEES
Robert King
Airport Manager
August 08, 2023 149

APPLICATION TITLE FEE NOTES
Airport Fees
Monthly Tie-Down Fees
Single Engine $ 50.00 per Month, per Plane
Light Twin $ 50.00 per Month, per Plane
Medium Twin $ 60.00 per Month, per Plane
Heavy Twin $ 80.00 per Month, per Plane
Gliders (Stored- in container) $ 40.00 per Month, per Plane (off Ramp) Gliders (Stored-NOT in containers) $ 70.00 per Month, per Plane (off Ramp) (Storage on Ramp no longer available)
T Hangar
Full Size $ 325.00 per Month
All Utilities are the responsibility of the tenant
Half Size $ 200.00 per Month
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 Lease
ALL NON-AVIATION RELATED BUSINESSES WILL BE CHARGED 2X THE CURRENT RENT Office or Mixed-Use Spaces
All Office or Mixed-Use Spaces $ 4.00 per Square Foot, per Month, per Space All Utilities are the responsibility of the tenant
Restaurant Facility Per Lease
All Utilities are the responsibility of the tenant
Airport Filming Permit Fees
Film Permit-Rental of Non-Closed Taxiway $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) $ 150.00 per Day, per Vehicle RV/Camping Park – TEMPORARILY CLOSED
Section 8: Airport Services Fees Page 12 of 26
SECTION 9

DIAL-A-RIDE SERVICES FEES
Joe Barragan
August 08, 2023 150
Public Works Director

APPLICATION TITLE FEE NOTES
Fares
General Public Cash Fare $ 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 $ 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 $ 1.00 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
SECTION 10

RECREATION SERVICES FEES

APPLICATION TITLE FEE NOTES
August 08, 2023 151

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 $ 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
SECTION 11

TIERRA DEL SOL GOLF SERVICES FEES

APPLICATION TITLE FEE NOTES
Memberships
August 08, 2023 152
Resident $ 400.00 Annually
Senior Resident (62+) $ 350.00 Annually
Resident Family $ 500.00 Annually
Non-Resident $ 500.00 Annually
Non-Resident Senior (62+) $ 400.00 Annually
Non-Resident Family $ 550.00 Annually
Active-Duty Military $ 350.00 Annually
Junior under 18 $ 100.00 Annually

Weekday Green Fees:
(1) 18 holes: $ 20.00 per Person
(2) 9 holes: $ 15.00 per Person
Weekend and Holiday Green Fees:
(1) 18 holes: $ 25.00 per Person
(2) 9 holes: $ 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: $ 15.00 per Person
(2) 9 holes: $ 10.00 per Person
Weekend and Holiday (no discount available for Seniors):
(1) 18 holes: $ 20.00 per Person
(2) 9 holes: $ 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: $ 10.00 per Person
(2) 9 holes: $ 5.00 per Person
Twilight Golf
Green fees and cart fees for persons starting after seasonal on weekdays or seasonal. on weekends (twilight rates) are as follows:
(1) Weekdays: $ 20.00 Golf and Cart
(2) Weekend and Holidays: $ 25.00 Golf and Cart
(3) All Days: $ 15.00 Single Twilight Cart
(4) Super Twilight-Starts: Seasonal $ 15.00 Golf and Cart Section 11: Tierra Del Sol Golf Services Fees Page 15 of 26 SECTION 11

TIERRA DEL SOL GOLF SERVICES FEES

APPLICATION TITLE FEE NOTES
Golf Cart Rental (for all persons):

August 08, 2023 153
(1) 18 holes: $ 30.00 per Cart for (2) persons
$ 20.00 per Cart for (1) person
(2) 9 holes: $ 20.00 per Cart for (2) persons
$ 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
Section 11: Tierra Del Sol Golf Services Fees Page 16 of 26 SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
Fee Code Fee description Fee Amount

PERMIT-RELATED FEES
August 08, 2023 154
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. $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
$435.00
$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. $395.00
Underground Water Piping System Permit for Fire Protection To install alter or modify underground piping for fire hydrants or water systems. $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 $35 fee for each additional tank-over 2) $290.00 $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. $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 $35.00 fee for each additional tank over 1)
$215.00
$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. $145.00 Fire Pumps & Related Equipment Permit To install, alter or modify a fire pump and related tanks, jockey pumps, controllers, and generators $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.
$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. $1,120.00
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. $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. $500.00 Resubmittal of Commercial Design Drawings With major revisions. $435.00 Residential Sprinkler Systems Under 5,000 sq. ft. $580.00 Residential Sprinkler Systems From 5,001 sq. ft. to 10,000 $725.00 Residential Sprinkler Systems Over 10,000 sq. ft. $870.00 Section 12: Fire Department Fees Page 17 of 26
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) $360.00 August 08, 2023 155
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.
$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 $135.00
Emergency Responder Radio Coverage Permit To install, alter or modify an emergency responder radio coverage system and related equipment $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. $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. $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. $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). $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. $145.00 Business Operating Permit Fire & Life Safety Inspection of Group B, F, H, M and S occupancies to gain approval to operate. $145.00
Explosive Permit Explosives or Blasting Agents $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. $290.00 Model Rocket Permit To sell or offer for sale model rocket engines as defined in the California Fire Code, Section 5611 $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. $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).
$145.00
Special Effects/Operations Permit 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
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 August 08, 2023 156
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. $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 $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. $180.00 Negative Declaration Fees for review, comment, and associated functions for environmental reviews resulting in the completion of a Negative Declaration. $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
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. $500.00
August 08, 2023 157
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). $145.00/hr.
$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
$235.00/hr.
$470.00 Min
Fire Patrol & 2 Personnel
Minimum of 2 hours billable
$220.00/hr.
$440.00 Min
Fire Inspector or Safety Officer
Minimum of 2 hours billable
$150.00/hr.
$300.00 Min
Heavy Rescue Vehicle & 5 Personnel / plus $0.98/mile $1.20/mile Minimum of 2 hours billable
$455.00/hr.
$910.00 Min
Fire Investigation (plus materials and associated costs) - $275.00/hr.

Witness Fees $75.00/hr.

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 Section 12: Fire Department Fees Page 20 of 26
SECTION 12

FIRE DEPARTMENT FEES
Jeremy Kosick
Fire Chief
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
August 08, 2023 158
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
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
August 08, 2023 159
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
SECTION 13

POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief

APPLICATION TITLE FEE NOTES

ANIMAL CONTROL
Animal Licenses
Dog License Unaltered $ 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 $ 185.00 3 Years, per Dog **
August 08, 2023 160
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 2nd Event $ 40.00
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 $ 155.00 Each Dog
(Adoption $20, Neuter $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 $ 142.50 Each Cat
(Adoption $20, Spay/Neuter $112.50, Rabies $10) (License optional for Cats) *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 $ 20.00 per Day - In addition to Above Fees (Dog, cat, goat, sheep, chicken)
Large Animal - Cow, horse or other $ 35.00 per Day - In addition to Above Fees Section 13: Police Department/Animal Control Fees Page 23 of 26 SECTION 13

POLICE DEPARTMENT/ANIMAL CONTROL FEES
Jesse Hightower
Police Chief

APPLICATION TITLE FEE NOTES

ANIMAL CONTROL
Animal Surrender Fees (when accepting)
Owner Requested Pick-Up: $ 50.00 per Domesticated Animal (Other than Large) Owner Surrender-Brought to Facility $ 40.00 per Domesticated Animal

Deceased Animal Fees
Animal Removal Fee: Small-Med $ 25.00 per Pet (Domestic Animals) August 08, 2023 161
Animal Removal Fee: Large Refer to private company
Deceased pets brought to facility $ 20.00 per Domesticated Animal Deceased pets picked up by $ 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 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
August 08, 2023 162
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
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
August 08, 2023 163
Section 15: Cannabis Fees Page 26 of 26
August 08, 2023 164
ITEM NO. CC 4.

COUNCIL AGENDA ITEM
August 8, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Well #3 Cal-City Blvd at Neuralia Rd. Well Motor Upgrade Project BACKGROUND/ DISCUSSION:

Well #3 is a production well that has been used as our emergency natural gas well in case we lost power to the city. The current motor is obsolete making it difficult to find parts and make repairs or maintain. Gas motors are outdated, making both maintenance and parts not very accessible. With the surge of the EPA electric motor mandate electric motors are more sufficient and are easier to maintain. The City would like to replace the gas motor with an electric turbine motor which will simplify the access to parts and better upkeeping.

BHT Engineering Inc. will be revalidating the One- Line Diagram for Well #3 as well as the power and control wiring diagram and equipment layout. The scope of work will also include a site plan with primary conduit routing, and trenching. This project will also include the purchase and use of a natural gas generator for back-up.

FISCAL IMPACT: 51-5115-315 $52,483.00
FY22-23 budget $20,000 with council approved FY23-24 budget ext. at 25%) Natural Gas Generator Included
RECOMMENDATION: Staff recommends the City Council for approval of task order for Well #3 motor upgrade.

ATTACHMENTS: BHT Task Order
August 08, 2023 165
BHT# 23411 AUGUST 1, 2023

TASK ORDER
WELL #3 CAL-CITY BLVD AT NEURALIA RD.

WELL MOTOR UPGRADE AND EMERGENCY GENERATOR PROJECT
Preliminary Engineering Phase
BHT Engineering, Inc. will perform engineering services as outline in Consultant Contract Federal / State Funded Projects effective March 16, 2021.

The scope of work will include the following preliminary engineering tasks:
 Prepare One-Line Diagram for Well #3 for new 200 HP well motor.  Edison Xfrm primary and secondary conduit layouts and concrete pads.  300 KW Emergency Generator (sound attenuated) with automatic transfer switch.  Power and control wiring diagram and equipment layout plans.  Design of primary conduit routing, trenching, wiring, conduits schedules, and loads calculations.  Prepare Engineer’s cost estimate and bid schedule.
 Prepare plans and specifications.
 Coordinate bidding phase, bids opening and project award.

The estimated cost of performing the preliminary engineering phase of the project is $52,483.  This is a non-reimbursable cost.
 Time is of the essence project to receive priority due the urgency.  Construction Engineering not included.

The signatures below shall serve as an authorization to go ahead with a Task Order from the City and are acknowledged by the consultant BHT Engineering, Inc.

BHT Engineering, Inc. City of California City
________________________________ ________________________________ Juan M. Pantoja, Principal Engineer Inge Elmes, Acting City Manager Date: August 1, 2023 Date:

August 08, 2023 166
Water and Sewer Rate
Study
City of California City
ROBERT D. NIEHAUS, INC.

AUGUST 8, 2023
DI 1.

August 08, 2023 167
Agenda  Proposed Water Rates  Proposed Sewer Rates  Contingency of Closed Prison  Rate Comparison  Next Steps 2 August 08, 2023 168
Proposed Rates (Water Option 1) 3
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 $52.96 $68.85 $74.35 $80.30 $86.73
1" $70.00 $81.41 $105.84 $114.31 $123.45 $133.33
1 1/2" $160.00 $151.92 $197.49 $213.29 $230.35 $248.78
2" $270.00 $236.86 $307.92 $332.55 $359.15 $387.89
3" $610.00 $435.20 $565.76 $611.02 $659.90 $712.69
4" $1,110.00 $718.48 $934.02 $1,008.74 $1,089.44 $1,176.60 6" $2,470.00 $1,426.05 $1,853.86 $2,002.17 $2,162.34 $2,335.33 8" $4,240.00 $2,275.46 $2,958.10 $3,194.75 $3,450.33 $3,726.36 Non-Res
3/4" $30.00 $95.78 $124.52 $134.48 $145.24 $156.86
1" $70.00 $152.93 $198.81 $214.72 $231.90 $250.45
1 1/2" $160.00 $294.53 $382.88 $413.51 $446.59 $482.32
2" $270.00 $465.12 $604.65 $653.03 $705.27 $761.69
3" $610.00 $863.45 $1,122.49 $1,212.29 $1,309.27 $1,414.01 4" $1,110.00 $1,432.38 $1,862.09 $2,011.06 $2,171.94 $2,345.70 6" $2,470.00 $2,853.42 $3,709.44 $4,006.19 $4,326.69 $4,672.83 8" $4,240.00 $4,559.34 $5,927.14 $6,401.32 $6,913.42 $7,466.49 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
August 08, 2023 169
Proposed Rates (Water Option 2) 4
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 $39.03 $50.73 $54.79 $59.18 $63.91
1" $70.00 $58.15 $75.59 $81.64 $88.17 $95.22
1 1/2" $160.00 $105.52 $137.18 $148.15 $160.00 $172.80
2" $270.00 $162.60 $211.37 $228.28 $246.55 $266.27
3" $610.00 $295.87 $384.63 $415.40 $448.63 $484.52
4" $1,110.00 $486.22 $632.08 $682.65 $737.26 $796.24
6" $2,470.00 $961.66 $1,250.16 $1,350.17 $1,458.18 $1,574.84 8" $4,240.00 $1,532.42 $1,992.14 $2,151.51 $2,323.64 $2,509.53 Non-Res
3/4" $30.00 $39.03 $50.73 $54.79 $59.18 $63.91
1" $70.00 $58.15 $75.59 $81.64 $88.17 $95.22
1 1/2" $160.00 $105.52 $137.18 $148.15 $160.00 $172.80
2" $270.00 $162.60 $211.37 $228.28 $246.55 $266.27
3" $610.00 $295.87 $384.63 $415.40 $448.63 $484.52
4" $1,110.00 $486.22 $632.08 $682.65 $737.26 $796.24
6" $2,470.00 $961.66 $1,250.16 $1,350.17 $1,458.18 $1,574.84 8" $4,240.00 $1,532.42 $1,992.14 $2,151.51 $2,323.64 $2,509.53 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
August 08, 2023 170
Proposed Rates (Water Option 3) 5
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 $24.76 $32.18 $34.76 $37.54 $40.54
1" $70.00 $34.32 $44.61 $48.18 $52.04 $56.20
1 1/2" $160.00 $58.00 $75.41 $81.44 $87.95 $94.99
2" $270.00 $86.54 $112.50 $121.51 $131.23 $141.72
3" $610.00 $153.18 $199.13 $215.06 $232.27 $250.85
4" $1,110.00 $248.35 $322.86 $348.69 $376.58 $406.71
6" $2,470.00 $486.07 $631.90 $682.45 $737.04 $796.01
8" $4,240.00 $771.45 $1,002.89 $1,083.12 $1,169.77 $1,263.35 Non-Res
3/4" $30.00 $24.76 $32.18 $34.76 $37.54 $40.54
1" $70.00 $34.32 $44.61 $48.18 $52.04 $56.20
1 1/2" $160.00 $58.00 $75.41 $81.44 $87.95 $94.99
2" $270.00 $86.54 $112.50 $121.51 $131.23 $141.72
3" $610.00 $153.18 $199.13 $215.06 $232.27 $250.85
4" $1,110.00 $248.35 $322.86 $348.69 $376.58 $406.71
6" $2,470.00 $486.07 $631.90 $682.45 $737.04 $796.01
8" $4,240.00 $771.45 $1,002.89 $1,083.12 $1,169.77 $1,263.35 Meter charge includes 3 hcf per month of use
Customer Class FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Use > 3 hcf 68.0% 30.0% 8.0% 8.0% 8.0%
Residential $9.06 $11.78 $12.72 $13.74 $14.84
Non-Residential $6.05 $7.87 $8.49 $9.17 $9.91
August 08, 2023 171
Proposed Rates (Sewer) 6
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 Variable Rate
SFR $0.00
MFR $0.00
Commercial $2.88
Resturant $4.13
Prison $1.50
Pre-COVID Customer Class Current FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Fixed Charge 6% 6% 6% 6% 6%
SFR $40.00 $41.82 $44.32 $46.98 $49.80 $52.79
MFR (6 Units) $90.00 $169.50 $179.67 $190.45 $201.88 $213.99 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 $21.65 $22.95 $24.33 $25.79 $27.34
Customer Class Fixed
Rate
SFR $54.23
MFR (6 Units) $325.38
Commercial $0.00
Restaurants $0.00
Prison $21.41
Pre-Covid
August 08, 2023 172
Prison Closure
7 August 08, 2023 173
Prison Revenue 8
Water-
$740,000 ~10% of total cost allocation
Sewer-
$900,000 ~48% of total cost allocation
Proposed solution:

Defer capital expenditures.

Perform new rate study in 5 years
$3.56
$3.88 $4.05 $4.20 $4.35
$6.54 $6.60
$6.84
$7.08
$7.34
$0.00
$1.00
$2.00
$3.00
$4.00
$5.00
$6.00
$7.00
$8.00
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions
Water Enterprise Capital Budget
Funds available for capital Prison Reduction
$0.94
$0.98
$1.03
$1.10
$1.17
$1.25 $1.25 $1.26 $1.27 $1.28
$0.00
$0.20
$0.40
$0.60
$0.80
$1.00
$1.20
$1.40
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 Millions
Sewer Enterprise Capital Budget
Funds available for capital Prison Reduction
August 08, 2023 174
Rate
Comparison
9 August 08, 2023 175
Water Rate Comparison (Residential
3/4” meter @10 hcf)
10 $43.59 $46.00 $50.24 $54.05 $55.54 $61.38 $61.74 $66.58 $66.68 $70.80 $77.80 $84.27 $88.18 $91.27 $92.26 $92.43 $94.11 $108.38
$175.86
$258.20
$0.00
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
August 08, 2023 176
Sewer Rate Comparison (Residential
3/4” meter)
11 $18.90
$40.00
$41.79
$51.89
$54.23
$61.06
$63.09
$64.55
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
Mojave PUD California City
Current
California City
Proposed
City of
Victorville
California City
Pre-Covid
City of
Adelanto
City of
Hesperia
Rosamond CSD
August 08, 2023 177
Moving Forward
12 August 08, 2023 178
Proposition 218 Process 13

1. Adopt recommendations

2. Provide 45-day notice

3. Rate Hearing
a. Customers given chance to protest

4. Rates implemented
August 08, 2023 179
14 Thank You
August 08, 2023 180
CB 1.

COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Inge Elmes, Acting City Manager

SUBJECT: Special Tax Discussion

BACKGROUND/DISCUSSION
Council has requested that a dedicated 30 minutes be set aside at every council meeting to discuss the special tax. There have been several suggestions made to council for consideration.

To add another item for consideration, staff is recommending that a temporary Special Tax Ad Hoc Advisory Committee be formed to include the City Manager, two Councilmembers, two staff members, two California City Citizens and the City Attorney to address the Special Tax needs. This committee would last for less than a year and members would be elected from interested individuals.

RECOMMENDATION
Staff recommends open discussion between council and to approve the formation of a temporary Special Tax Ad Hoc Committee.

August 08, 2023 181
ITEM NO. CB 2.

COUNCIL AGENDA ITEM
July 26, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: GIS Services for Standby Fee Parcel Analysis
BACKGROUND/ DISCUSSION: Council has requested an analysis be preformed to determine which parcels are within 100 ft of existing water mains. This analysis will also determine Standby Parcel Counts for Parcels within and parcels outside of 100 “buffer radius.” As well as determining anticipated parcel count and tax loss/surplus for FY 2024-2025.
.

FISCAL IMPACT:
51-5115-310 $5940.00
RECOMMENDATION: Staff Recommends Council to authorize City Manager to engage AESI for the analysis service.

ATTACHMENTS:

N/A
August 08, 2023 182
Copyright AESI – Confidential
July 14, 2023 Job No. 23-7003-04
City of California City
Joe Barragan
Public Works Director
21000 Hacienda Blvd.

California City, CA 93505
RE: GIS Services for Standby Fee Parcel Analysis

WATER STANDBY PARCEL AND WATERLINE ANALYSIS FOR TAXING PURPOSES We are pleased to provide our proposal below for GIS analysis services. Now that the water system has been developed in the GIS, we have the capability of determining relationships between City parcels and the waterlines. Several years back the City Council determined that water standby fees should only be charged to parcels within 100 feet of a water line. To date the City has not been able to determine which parcels are within the 100 foot distance to update the list of who should be levied. Currently, the City is taxing almost every parcel within the City limits except the ones that have water meters then reimbursing the parcels that fill out a reimbursement form indicating they should not be taxed.

This proposal will provide analysis and GIS data sets that determine the taxable parcels within of a 100 foot distance of existing water mains. The goal of the project is to eliminate taxing unnecessary parcels and then turning around and writing checks back to the ones we shouldn’t have taxed in the first place. We will also provide a GIS layer that identifies the 100 foot limits for visual verification by staff.

This proposal and scope of work is now possible due to the City’s decision to develop a GIS system to increase operational efficiency. We believe that this analysis will increase efficiency and help save the City time and money by reducing the need for processing standby fee refund requests. It will also bring the taxing into compliance with the City Council’s current 100 foot criteria. Lastly, it should reduce the most of the public comments regarding the overtaxing situation at upcoming City Council Meetings.

We will estimate the anticipated water standby fees for next year under this proposal, so the City will understand the expected revenue and be able to check the GIS system to verify any upcoming reimbursement requests. However, we assume that the actual updated list of parcels to tax will be provided to Kern County next year since we are too late to submit this year. We will make minor yearly updates to the data and integrate it into our normal development of the Engineers Water Standby Report for FY 24/FY25.

August 08, 2023 183
GIS Services – Data Analysis Job No. 23-7003-04
July 14, 2023 Page 2
Copyright AESI – Confidential
Assumptions
 The current 2023-2024 list of APNs prepared by AESI and the City will be used as a basis for currently taxed parcels
 The current GIS waterlines layer from the Cal City GIS application will be used for current waterline locations
 The latest Kern County Assessor data will be obtained from the County Assessor’s office for use in spatial analysis
 Buffer analysis will be performed at the specified 100’ distance and any parcels that intersect the buffer distance will be considered within the taxable distance criteria  Any parcel that does not intersect the buffer distance will be considered outside of the taxable distance criteria
 Analysis performed for this proposal will be used for consideration and evaluation by the City and City Council. Any updates to the County Tax Fund list will occur during the next fiscal year update (2024-2025) and may require minor updates due to parcel changes or new water meter installations
SCOPE
GIS Services – Data Analysis
Project Coordination, Administration, Meetings, Project Review Assist City with Obtaining Latest 2023 Kern County Assessor GIS Data for Parcels and Ownership
GIS Analysis
 Join Standby Fund APNs to County Assessor GIS Parcels  Buffer Waterline Data at 100’ Buffer Distance
 Perform Spatial Analysis to Compare Waterline Buffer Polygon to Standby Fund Assessor Parcels
 Determine Standby Parcel Counts for Parcels Within and Parcels Outside of Buffer Radius
Determine Anticipated Parcel Count and Tax Amount for FY 2024-2025 Prepare Short-form Letter Report with Executive Summary Create New GIS Layers for 100’ Buffer Distance, and Water Standby Fund Taxed Parcels
GIS Services – Data Analysis $ 5,940
August 08, 2023 184
GIS Services – Data Analysis Job No. 23-7003-04
July 14, 2023 Page 3
Copyright AESI – Confidential
Fee Schedule (Valid From: July 2023 – June 2024)
GPS Asset Location Technician (non-prevailing wage) $120.00/hr.

GIS Application Development $160.00/hr.

GIS Manager $165.00/hr.

GIS Technical Specialist $130.00/hr.

Professional Engineer $135.00/hr.

Associate Engineer $120.00/hr.

Jr. Engineer/EIT $120.00/hr.

Secretary/Administrative Assistant $55.00/hr.

Professional Surveyor - Office $130.00/hr.

Reimbursable Items
Plots & Scans $20 to 40/ea.

Travel $0.63/mi.

Terms of Payment
To commence with the project, Arrow Engineering Services will require a signed contract and notice to proceed. Progress billing will be made on a monthly basis with payment due within 30 days.

Any documents required by your accounting department i.e. W-9, insurance requirements, certified payroll, etc. need to be forwarded to us to aid in the billing process.

Our hourly rate fee schedule is subject to change and if an update is made, you will be notified.

Updated rates will be effective 30 calendar days after notification. This will only affect additional scope and hourly items.

Arrow Engineering is prepared to commence work immediately. If you would like us to proceed with the project, please sign and fax or e-mail this proposal along with the required retainer and the Project Information form. The proposal and fee amount is valid from 30 days of proposal date.

Should Arrow Engineering pursue litigation or arbitration for the enforcement of interpretation of this agreement, the prevailing party in such litigation or arbitration shall be entitled to an award of reasonable attorney’s fees.

Termination – The obligation to provide further services under this Agreement may be terminated by either party upon 7 days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party, or upon 30 days written notice for the convenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultants compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonable determined by the Consultant, to the total amount of services which were to have been performed.

August 08, 2023 185
GIS Services – Data Analysis Job No. 23-7003-04
July 14, 2023 Page 4
Copyright AESI – Confidential
Right To Rely - Arrow Engineering shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Owner and Owner’s consultants.

Equitable Adjustment - If the Client suspends the Project, Arrow Engineering shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Arrow Engineering shall be compensated for expenses incurred in the interruption and resumption Arrow Engineering’s services. Arrow Engineering fees for the remaining services and the time schedules shall be equitably adjusted.

The drawings, specifications and other documents prepared by the Engineer/Surveyor for this project are instruments of the service for use solely with respect to this project. The Engineer/Surveyor’s drawing(s) or other documents shall not be used by the owner or others on other projects, except by agreement in writing with appropriate compensation to the Engineer.

Neither the owner nor the Engineer/Surveyor can assign this agreement to a third party without the written consent of the other. All computer files remain the sole property of the engineer.

In the event the Client uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases Arrow Engineering and Arrow Engineering consultant(s) from all claims and causes of action arising from such uses. The Client, to the extent permitted by law, further agrees to indemnify and hold harmless Arrow Engineering and its consultant(s) from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Client’s use of the Instruments of Service under this Section.

If you have any questions or wish to discuss the project, we will be happy to meet with you at your earliest convenience.

Registered Civil Engineer No. 48287
Licensed Surveyor No. 7727
Sincerely,
Brian D. Glidden, P.E., L.S.

BDG
August 08, 2023 186

City of California City
21000 Hacienda Blvd
California City, CA 93505
Water Standby Fee Waiver Letter
In accordance with our City Council’s decision on July 25 th, 2023, regarding the Water Standby Fee, please
be advised of the following:

The water standby fee is charged each year, to each unique city parcel property landowner, regardless of the number of parcels owned, as long as the method of holding title is the same. A "PARCEL PROPERTY" is defined as: a piece of real estate, usually resulting from division of a large area of land. It can range in size from a small lot to a gigantic ranch; In real estate, a plot is a tract or parcel of land owned or meant to be owned by some owner(s). The landowner may be subject to more than one water standby fee if the landowner owns more than one parcel as a title holder of different categories of landowner units. For example, a landowner holding a parcel in joint tenancy, another parcel in partnership, and a third parcel as sole owner is subject to three water standby fees.

If you believe you have been levied a fee by mistake, please complete this form and attach copies of all your tax bills with the Assessor Parcel Number (APN) for which you are appealing.

Your Name:

APN:

Mailing Address:

City: State: Zip:

Date: Signature:

Brief Explanation of the Facts Upon Which You Base this Appeal:

Return this completed form, a COPY OF YOUR TAX BILL, and any other pertinent attachments to:

CITY OF CALIFORNIA CITY, CITY HALL, 21000 HACIENDA BLVD., CALIFORNIA CITY, CA. 93505, attention “Water Standby Waiver.”
For further clarification or information, please call Susie Weber at 760) 373-7152.

The City Manager will make all final decisions regarding waivers. Notice of the decision will be mailed to you within 30 days of receipt of this form.

August 08, 2023 187
CB 3.

COUNCIL AGENDA ITEM
AUGUST 8, 2023
PREPARED BY: Inge Elmes, Acting City Manager

SUBJECT: Reinstatement of Airport Advisory Commission

BACKGROUND/DISCUSSION
The direction of council is to reinstate the Airport Advisory Commission. Included is the Municipal Code Section that relates to the Airport Advisory Commission.

Sec. 2-2.401. - Scope.

This article establishes the California City Airport Advisory Board ("Board") to provide advice concerning the operation of the California City Municipal Airport ("Airport”).

Sec. 2-2.402. - Description.

The Board shall consist of five residents of the City, who are qualified by virtue of their interest in the community and interest in the operations of the Airport.

Sec. 2-2.403. - Periodic Report.

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

Sec. 2-2.404. - Other.

The City Manager, or designee, shall assist the Board. The City Attorney or designee shall provide legal advice to the Board.

RECOMMENDATION
Staff recommends open discussion to determine reinstatement of Airport Advisory Commission.

FISCAL IMPACT - NONE
August 08, 2023 188
ITEM NO. NB 1.

COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Ron Smith, Mayor Pro Tem

SUBJECT: Appointment of Planning and Parks Commissioners

BACKGROUND/ DISCUSSION
According to the City Municipal Code, both the Planning Commission and the Parks Commission consist of five members, each serving a two-year term from May 1st to April 30th.

Recently, on July 03, 2023, the City Clerk posted the vacancies for the Planning and Parks Commission. Mayor Kulikoff officially announced the openings and closing dates during Council meetings, and we received a total of four letters of intent from interested candidates for both commissions. Councilman Kulikoff and I took the responsibility of reviewing all the applications and conducting interviews with the potential candidates.

FISCAL IMPACT
A monthly stipend of $50 per meeting per month, which has already been budgeted for the Planning and Parks Commission. In addition, Mandatory state training will have to be attended and paid for, by the City for the new commissioners.

COUNCIL OPTIONS
None

RECOMMENDATION
The City ordinance states: “The Mayor shall appoint qualified persons to fill each vacancy with the advice and consent of the Council.”
We are recommending to the Council and Mayor the following appointments to the Planning Commission:
• Carla Conry
• Ralph Cantrell
• Marcus Fair

August 08, 2023 189
We are recommending to the Council and Mayor the following appointments to the Parks Commission:
• Todd Broussard
• Leslie Walker
• Shane Noel

ATTACHMENTS
None

August 08, 2023 190
ITEM NO. NB 2.

COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Councilman Creighton

SUBJECT: Voting delegate for League of Cites Annual Conference

BACKGROUND/ DISCUSSION:

The League of Cities holds an annual conference and one of the purposes is to vote for policy issues for the upcoming Legislative year.

Council must discuss and vote on whether or not I will be named as the City’s voting delegate for this annual conference.

The attached document from League of California Cities explains the process in more detail.

Accompanying a designation of voting advocate must be a resolution from Council stating that I am the delegate for that purpose.

FISCAL IMPACT
Cost of registration for the conference, lodging and per diem

COUNCIL OPTIONS
Approve me as a voting delegate.

Disapprove me as a voting delegate.

RECOMMENDATION
Approve and sign resolution identifying me as the City’s voting delegate August 08, 2023 191
ATTACHMENTS:

Letter to member Cities explaining the process
Resolution appointing a voting delegate
August 08, 2023 192
August 08, 2023 193
August 08, 2023 194
August 08, 2023 195
August 08, 2023 196
August 08, 2023 197
NB 3.

COUNCIL AGENDA ITEM
AUGUST 8, 2023
PREPARED BY: James Robinson, Golf Manager

SUBJECT: Approve Purchase and Installation of New Condenser

BACKGROUND/DISCUSSION
The Golf Course Pro Shop is requesting to replace the condenser to the air conditioner unit. This air conditioning unit has been out of service for over two years. Reliable was able to provide a quote for the services with this emergent need.

RECOMMENDATION
Staff recommends approving the installation and purchase of new condenser.

FISCAL IMPACT
Cost of $4,000 will be allocated to GL code 10-4566-270.

ATTACHMENT

RELIABLE QUOTE
August 08, 2023 198

CITY COUNCIL
Consent Agenda Item:

August 8, 2023
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: Accept the bid as submitted by J.L. Plank, Inc. dba Cen-Cal Construction, for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd. HSIPSL – 5399-(032) project in the amount of $418,465.00; and authorize the City Manager to execute the construction agreement. Allocate Funds for the Bid, and up to $112,135.00 for Contingency, Construction Management and Materials Sampling & Testing
………………………………………………………………………………………………
Background:

The City of California City was allocated $380,600 in State funds for Construction under the Highway Safety Improvement Program (HSIP) grant. These HSIP funds are being used for the Pedestrian Safety Improvements project on California City Blvd., between Yerba Blvd. and Neuralia Rd.

The project will provide for the installation of a solar-powered radar speed feedback sign on Cal-City Blvd. west of Yerba Blvd., high visibility crosswalks, ADA curb ramps, and will upgrade pedestrian signs, stop signs, striping, and pavement markings at various project intersections. See attached site map.

Back on December 14, 2021, the City Council passed Resolution No.12-21-2896 to accept the HSIP grant and to proceed with the design phase of this project. And back on March 28, 2023, the City Council authorized to advertise the project for construction bids.

On June 22, 2023 at 2:00 PM. sealed bids were opened for this project. A total of three (3) bids were received and opened by the City Clerk.

The following is the tabulation of the bids:

Bidder Total Bid
Cen-Cal Construction $418,465.00
RC Becker and Son, Inc. $445,418.73
DOD Construction LTD $547,955.20
Attached is the Bid Summary.

The Project Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Cen-Cal Construction. See attached Low Bid Analysis. The City is allowing 30 working days for the contractor to complete the project.

Recommendation:

Motion to pass a Resolution to accept the lowest responsible bid, award the project and to execute a construction agreement with J.L. Plank, Inc. dba Cen-Cal Construction in the amount of $418,465.00 for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd. HSIPSL – 5399-(032) project and authorize the City Manager to execute the construction agreement.

NB 4.

August 08, 2023 199
Additionally, Staff recommends the approval in the amount of $42,926.00, roughly Ten percent (10%), for Construction Contingencies crucial to the successful completion of the project. Said funds will be treated as not to exceed without future authorization from Council. These funds will be utilized for unforeseen work that may arise during the construction process which was unforeseen at the time of bidding.

Together with the award of the Construction contract staff will utilize an additional $69,209.00 to execute a task order with BHT Engineering, Inc. to provide Construction Management/Observation to further guarantee that the City and its residents receive a quality product acceptable in quality, nature, and construction method. BHT will not only supply continuous inspection but will also provide Materials Sampling and Testing as required by the City’s Quality Assurance Program (QAP), which is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications.

Fiscal impact:

Costs: Bid Construction Total: $ 418,465.00
Contingency: $ 42,926.00
Construction Management and Materials
Sampling & Testing: $ 69,209.00
Total Construction Phase Cost: $ 530,600.00
Funding: State Match - (Original HSIP grant): $ 380,600.00 State Match - (Additional HSIP grant): $ 75,000.00
Local Match: $ 75,000.00
Finance Director to identify local funding source.

Note, the original HSIP Cycle 10 grant is for $380,600.00, after opening bids, it was evident that the low bid was over budget. Our contract City Engineer, BHT Engineering, Inc., requested additional funds to Caltrans Dist. 9 and successfully secured an extra $75,000.00 in HSIP funds, to help cover half of the overage, and thus reducing the City’s local match to $75,000.00 Environmental action: Environmental report completed.

Attachments: Resolution
Bid Summary
Low Bid Analysis
Site Map
Construction Agreement
August 08, 2023 200
RESOLUTION NO. 08-23-2995

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY TO ACCEPT THE BID AS SUBMITTED BY J.L. PLANK, INC. DBA CEN-CAL CONSTRUCTION, FOR THE CALIFORNIA CITY BLVD. PEDESTRIAN SAFETY IMPROVEMENTS – YERBA BLVD. TO NEURALIA RD. HSIPSL – 5399-(032) PROJECT IN THE AMOUNT OF $418,465.00; AND

AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE CONSTRUCTION AGREEMENT, ALLOCATE FUNDS FOR THE BID, AND UP TO $112,135.00 FOR

CONTINGENCY, CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING & TESTING.

WHEREAS, on Thursday, June 22, 2023 sealed bids were opened for this project; and WHEREAS, a total of three bids were received and the results are as follows:

Company Bid
Cen-Cal Construction $418,465.00
RC Becker and Son, Inc. $445,418.73
DOD Construction LTD $547,955.20
WHEREAS, the bids were reviewed and analyzed by the engineering firm BHT Engineering, Inc., for a recommendation of the lowest responsible and responsive bidder J.L. Plank, Inc. dba Cen-Cal Construction, with a Bid of $418,465.00 was recommended as the lowest responsive and responsible bidder; and,
WHEREAS, an amount of $112,135.00 is needed for construction contingencies and Construction Management and Materials Sampling and Testing; and, WHEREAS, the City Council of the City of California City agrees to the terms and conditions of the proposed construction agreement; and
NOW, THEREFORE, BE IT RESOLVED THAT: the City Council of the City of California City does hereby:

1. Authorizes the award of a Construction Agreement to J.L. Plank, Inc. dba Cen-Cal Construction, for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd. HSIPSL – 5399-(032) project in the Amount of $418,465.00.

2. Authorizes the City Manager to execute the Construction Agreement.

3. Allocate funds in the amount of $112,135.00 for up to $42,926.00 for the construction contingency; and up to $69,209.00 for Construction Management and Materials Sampling and Testing.

PASSED, APPROVED, AND ADOPTED on this _________day of _________________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

August 08, 2023 201
ABSTAIN:

Kelly Kulikoff, Mayor
ATTEST:

Socorro Chavez, City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the _________ day of ________________ 2023, by the following vote:

Socorro Chavez, City Clerk
August 08, 2023 202
BHT Engineering, Inc. BHT Job # 21420
BID OPENING: JUNE 22, 2023 @ 2:00PMTHREE (3) BIDS TOTAL RECEIVED.

ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY. PER UNIT COST PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 SITE DEMOLITION; REMOVE TREE, CUT & HAUL- OFF EXCESS MATERIAL L.S. 1 25,000.00 $ 25,000.00 $ 33,090.79 $ 33,090.79 $ 41,109.41 $ 41,109.41 $ 70,000.00 $ 70,000.00 $ 2 COLD PLANE EXISTING AC SURFACE AND HAUL OFF SITE S.F. 4338 2.50 $ 10,845.00 $ 3.32 $ 14,402.16 $ 3.41 $ 14,792.58 $ 6.00 $ 26,028.00 $ 3 MINOR ASPHALT - INCLUDES ALL WORK FOR ROAD OVERLAY, PAVEMENT-TIE-IN, APPLY FOG SEAL TON 99 600.00 $ 59,400.00 $ 743.45 $ 73,601.55 $ 416.38 $ 41,221.62 $ 420.00 $ 41,580.00 $ 4 INSTALL CURB & GUTTER (INCLUDES LAYOUT, SAWCUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 6" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) L.F. 456 70.00 $ 31,920.00 $ 77.65 $ 35,408.40 $ 118.85 $ 54,195.60 $ 100.00 $ 45,600.00 $ 5 INSTALL 4" SIDEWALK (INCLUDES LAYOUT, SAWCUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 6" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) S.F. 1643 10.00 $ 16,430.00 $ 10.25 $ 16,840.75 $ 11.18 $ 18,368.74 $ 30.00 $ 49,290.00 $ 6 INSTALL ADA CURB RAMP (INCLUDES LAYOUT, SAWCUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 6" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) EA. 11 4,250.00 $ 46,750.00 $ 3,422.00 $ 37,642.00 $ 4,946.93 $ 54,416.23 $ 8,000.00 $ 88,000.00 $ 7 APPLY 12" SOLID LIMIT LINE/CROSSWALK STRIPE - THERMOPLASTIC L.F. 1950 5.00 $ 9,750.00 $ 7.95 $ 15,502.50 $ 8.16 $ 15,912.00 $ 7.50 $ 14,625.00 $ 8 APPLY 24" WHITE CROSSWALK STRIPE - THERMOPLASTIC L.F. 1534 7.00 $ 10,738.00 $ 8.15 $ 12,502.10 $ 8.40 $ 12,885.60 $ 7.80 $ 11,965.20 $ 9 INSTALL WHITE PAVEMENT MARKINGS - THERMOPLASTIC S.F. 1316 12.00 $ 15,792.00 $ $ 20.45 $ 26,912.20 $ 21.00 $ 27,636.00 $ 18.25 $ 24,017.00 10 FURNISH AND INSTALL SOLAR-POWERED FLASHING LED STOP SIGN R1-1 (36"x36") EA. 8 3,200.00 $ $ 25,600.00 $ 3,799.00 $ 30,392.00 $ 3,900.00 $ 31,200.00 $ 3,200.00 $ 25,600.00 11 FURNISH AND INSTALL STOP AHEAD SIGN W3-1 (30"x30") EA. 2 $ 750.00 $ 1,500.00 $ 526.00 $ 1,052.00 $ 540.00 $ 1,080.00 $ 400.00 $ 800.00 12 FURNISH AND INSTALL W11-2 "PED XING" SIGN (36"x36") AND W16-9P "AHEAD" SIGN (24"x12") - ASSEMBLY. FLUORESCENT YELLOW-GREEN.

EA. 6 $ 750.00 $ 4,500.00 $ 584.50 $ 3,507.00 $ 600.00 $ 3,600.00 $ 500.00 $ 3,000.00 13 FURNISH AND INSTALL W11-2 "PED XING" SIGN (36"x36") AND W16-7P "DIAGONAL ARROW" SIGN (30"x18") - ASSEMBLY - SINGLE-SIDED. FLUORESCENT YELLOW-GREEN.

EA. 2 $ 750.00 $ 1,500.00 $ 584.50 $ 1,169.00 $ 600.00 $ 1,200.00 $ 400.00 $ 800.00 14 FURNISH AND INSTALL W11-2 "PED XING" SIGN (36"x36") AND W16-7P "DIAGONAL ARROW" SIGN (30"x18") - ASSEMBLY - DOUBLE-SIDED. FLUORESCENT YELLOW-GREEN.

EA. 1 1,250.00 $ $ 1,250.00 $ 876.70 $ 876.70 $ 900.00 $ 900.00 $ 500.00 $ 500.00 15 FURNISH AND INSTALL SOLAR-POWERED, RRFB PEDESTRIAN CROSSWALK SYSTEM. SINGLESIDED. EA. 4 7,500.00 $ $ 30,000.00 $ 11,075.00 $ 44,300.00 $ 11,479.00 $ 45,916.00 $ 10,500.00 $ 42,000.00 2 R.C. BECKER AND SON, INC.

Santa Clarita, CA (661) 259‐4845
Lic No. 258762
3 DOD Construction LTD
Bakersfield, CA (661) 366‐8000
Lic No. 624970

CITY OF CALIFORNIA CITY - BID SUMMARY
HSIP CYCLE 10 - CAL CITY BLVD. PEDESTRIAN IMPROVEMENTS - YERBA BLVD. TO NEURALIA RD. - HSIPSL - 5399 (032) Engineer's Estimate
1 Cen‐Cal Construction
Bakersfield, CA (661) 399‐3759
Lic. 962895
1 of 2
August 08, 2023
203
BHT Engineering, Inc. BHT Job # 21420
16 FURNISH AND INSTALL SOLAR-POWERED, RRFB PEDESTRIAN CROSSWALK SYSTEM. DOUBLESIDED. EA. 2 8,500.00 $ 17,000.00 $ 12,330.00 $ 24,660.00 $ 13,144.63 $ 26,289.26 $ 11,500.00 $ 23,000.00 $ 17 FURNISH AND INSTALL R1-5 "YIELD TO PEDESTRIANS" SIGN (36"x36"). EA. 6 500.00 $ 3,000.00 $ 613.70 $ 3,682.20 $ 630.00 $ 3,780.00 $ 500.00 $ 3,000.00 $ 18 FURNISH AND INSTALL PEDESTRIAN PUSH BUTTON ASSEMBLY PER CALTRANS STANDARD PLAN ES-7A.

EA. 1 1,000.00 $ 1,000.00 $ 1,461.20 $ 1,461.20 $ 1,500.00 $ 1,500.00 $ 1,250.00 $ 1,250.00 $ 19 FURNISH AND INSTALL R1-4 "ALL WAY" SIGN (18"x6") EA. 4 100.00 $ 400.00 $ 87.65 $ 350.60 $ 90.00 $ 360.00 $ 200.00 $ 800.00 $ 20 FURNISH AND INSTALL SOLAR-POWERED RADAR SPEED FEEDBACK SIGN ASSEMBLY EA. 1 17,000.00 $ 17,000.00 $ 12,791.00 $ 12,791.00 $ 13,594.62 $ 13,594.62 $ 12,000.00 $ 12,000.00 $ 21 RELOCATE EXISTING FLASHING PED XING SIGN/POLE TO ALLOW FOR NEW WORK- PROVIDE NEW FOOTING AND ANCHOR BOLTS.

EA. 1 1,500.00 $ 1,500.00 $ 4,988.00 $ 4,988.00 $ 6,832.77 $ 6,832.77 $ 5,200.00 $ 5,200.00 $ 22 RELOCATED RE-INSTALL/SALVAGE EXISTING SIGN EA. 13 100.00 $ 1,300.00 $ 321.45 $ 4,178.85 $ 330.00 $ 4,290.00 $ 300.00 $ 3,900.00 $ 23 ADJUST EXISTING WATER/UTIL BOX TO NEW GRADES EA. 3 1,200.00 $ 3,600.00 $ 259.00 $ 777.00 $ 285.50 $ 856.50 $ 500.00 $ 1,500.00 $ 24 TEMPORARY TRAFFIC CONTROL L.S. 1 10,000.00 $ 10,000.00 $ 13,000.00 $ 13,000.00 $ 19,859.79 $ 19,859.79 $ $ 50,000.00 $ 50,000.00 25 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL PLAN L.S. 1 2,560.00 $ $ 2,560.00 $ 5,377.00 $ 5,377.00 $ 3,622.01 $ 3,622.01 $ 3,500.00 $ 3,500.00 Prepared by: MPH 6/23/2023 TOTAL: $ 418,465.00 348,335.00 $ 445,418.73 $ 547,955.20 $ 2 of 2
August 08, 2023
204
BHT ENGINEERING, INC.

Civil Engineering & Construction Management
218 S. “H” Street, Ste. 201
Bakersfield, CA 93304
(661) 558-4641
T:\4-CALIFORNIA CITY\DOC\2021 Projects\21420 HSIP CYCLE 10\BIDDING PHASE\Low Bid Review\5399-032 - CAL CITY - HSIP Cycle 10 - Low Bid Analysis.doc

Page 1 of 2 ends

Memorandum
Transmitted by email on 07/21/23
[email protected]
TO: Joe D. Barragan
City of California City, Public Works Director
21000 Hacienda Blvd.

California City, CA. 93505
FROM: Juan M. Pantoja
Project Manager / Engineer
DATE: July 21, 2023
SUBJECT: Low Bid Analysis for the California City Blvd. Pedestrian Safety Improvements – Yerba Blvd. to Neuralia Rd. HSIPSL – 5399-(032)
A. The City of California City received a total of THREE (3) bids for the subject project. Bids were opened on June 22, 2023 at 2:00 pm, by Socorro Chavez, City Clerk. Bids ranged from a low of $418,465.00 to a high of $547,955.20.00.The average bid was $470,612.98. The following bids were received:

Bidder Bid Amount
Cen-Cal Construction $418,465.00
RC Becker and Son, Inc. $445,418.73
DOD Construction LTD $547,955.20
Cen-Cal Construction submitted the low Bid of $418,465.00, which was about 20% higher than the engineer's estimate of $348,355.00. The highest bid of $547,955.20 was about 57% higher than the engineer’s estimate.

B. BHT Engineering, Inc. proceeded to review lowest bidder Cen-Cal Construction and verified the bidder's proposal as follows:

1. The low bidder submitted the proposal on the required forms and provided all requested information.

2. The low bidder computed the total amount bid and extended amounts correctly.

3. BHT Staff verified with the State Contractor’s License Board (http://www.cslb.ca.gov/) and the California Department of Industrial Relations (Registrations (salesforce-sites.com) that the low bidder and all subcontractors hold current and active State Contractor’s Licenses and are registered with the DIR, as follows:

Contractor Name License No. &
Class
License Expiration
Date DIR Regis. No.

J.L. Plank Inc. dba Cen-Cal Construction 962895
A, C13 06/30/2024 1000001026
California Grinding Specialties, Inc, dba
Austin Enterprise
764893
A, C61, D06 06/30/2025 1000001896
Harker Inc. 615222
C32 04/30/2025 1000004812
Griffith Company
88 A, B, C8, C12,
C27, C31, C22
09/30/2024 1000005611
August 08, 2023 205
T:\4-CALIFORNIA CITY\DOC\2021 Projects\21420 HSIP CYCLE 10\BIDDING PHASE\Low Bid Review\5399-032 - CAL CITY - HSIP Cycle 10 - Low Bid Analysis.doc Page 2 of 2

4. BHT Engineering, Inc. verified that the low bidder’s Workers' Compensation Insurance coverage is current.

5. A proposal guarantee accompanied the proposal in the form of a Bid Bond totaling ten percent (10%) of the bid. The low bidder signed and properly notarized the Bid Bond. The surety agent is Developers Surety and Indemnity Company.

6. BHT Staff verified through the State Department of Insurance website (https://interactive.web.insurance.ca.gov/companyprofile/companyprofile) that the Bonding Company, Developers Surety and Indemnity Company, is an admitted surety in the State of California.

7. BHT Engineering, Inc. verified that neither the low bidder nor any of its key personnel appear on the Federal or State debarment lists (https://www.sam.gov/SAM/; https://www.dir.ca.gov/dlse/debar.html)

8. The low bidder has successfully completed several recent projects in Southern California, including several projects here in California City, both as a prime contractor and as a subcontractor.

C. Recommendation of Award:

Cen-Cal Construction is the lowest responsive bidder based on the stated basis of award. If a construction contract is awarded, it is recommended that the contract be awarded to Cen-Cal Construction.

Attachments: Bid Summary
Bid Opening Checklist
Contractor’s License verification
Contractor and Subcontractor’s (DIR) Registration number Bonding Company Information
System for Award Management (SAM) report
DLSE Debarments list
August 08, 2023 206
BHT Engineering, Inc. BHT Job # 21420
BID OPENING: JUNE 22, 2023 @ 2:00PMTHREE (3) BIDS TOTAL RECEIVED.

Santa Clarita, CA (661) 259‐4845
Lic No. 258762
3 DOD Construction LTD
Bakersfield, CA (661) 366‐8000
Lic No. 624970

CITY OF CALIFORNIA CITY - BID SUMMARY
HSIP CYCLE 10 - CAL CITY BLVD. PEDESTRIAN IMPROVEMENTS - YERBA BLVD. TO NEURALIA RD. - HSIPSL - 5399 (032) Engineer's Estimate
1 Cen‐Cal Construction
Bakersfield, CA (661) 399‐3759
Lic. 962895
1 of 2
August 08, 2023
207
BHT Engineering, Inc. BHT Job # 21420
16 FURNISH AND INSTALL SOLAR-POWERED, RRFB PEDESTRIAN CROSSWALK SYSTEM. DOUBLESIDED. EA. 2 8,500.00 $ 17,000.00 $ 12,330.00 $ 24,660.00 $ 13,144.63 $ 26,289.26 $ 11,500.00 $ 23,000.00 $ 17 FURNISH AND INSTALL R1-5 "YIELD TO PEDESTRIANS" SIGN (36"x36"). EA. 6 500.00 $ 3,000.00 $ 613.70 $ 3,682.20 $ 630.00 $ 3,780.00 $ 500.00 $ 3,000.00 $ 18 FURNISH AND INSTALL PEDESTRIAN PUSH BUTTON ASSEMBLY PER CALTRANS STANDARD PLAN ES-7A.

Business Information
J.L. PLANK, INCORPORATED
dba CEN-CAL CONSTRUCTION
34762 LENCIONI AVE
BAKERSFIELD, CA 93308
Business Phone Number:(661) 399-3759
Entity Corporation
Issue Date 07/06/2011
Reissue Date 06/18/2012
Expire Date 06/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100191822
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual JASON LEE PLANK certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 07/08/2022
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD5056712
Effective Date: 08/16/2022
Expire Date: 08/16/2023
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 C13 - FENCING
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification August 08, 2023 210
Data current as of 7/18/2023 10:45:11 AM
Home | Online Services | License Details
Contractor's License Detail for License # 764893
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

CALIFORNIA GRINDING SPECIALTIES INC
dba AUSTIN ENTERPRISE
P O BOX 81926
BAKERSFIELD, CA 93380
Business Phone Number:(661) 589-1001
Entity Corporation
Issue Date 06/24/1999
Expire Date 06/30/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with NATIONWIDE MUTUAL INSURANCE COMPANY.

Bond Number: BD711326
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9123628
Effective Date: 02/01/2015
Expire Date: 02/01/2024
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C-61 / D06 - CONCRETE RELATED SERVICES
 A - GENERAL ENGINEERING
This license filed Bond of Qualifying Individual number BD711329 for TYRONE FREDRICK CONNER in the amount of $25,000 with NATIONWIDE MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

The qualifying individual PATRICIA MARY AUSTIN certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/24/1999

August 08, 2023 211
Data current as of 7/18/2023 10:46:15 AM
Home | Online Services | License Details
Contractor's License Detail for License # 615222
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

HARKER INC

DBA HARKER STRIPING & SIGNAGE
16010 TRADITION CT
BAKERSFIELD, CA 93314
Business Phone Number:(661) 589-1810
Entity Corporation
Issue Date 03/16/1991
Reissue Date 04/27/1993
Expire Date 04/30/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C32 - PARKING AND HIGHWAY IMPROVEMENT
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: SC401238
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual NICHOLAS MICHAEL HARKER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/01/2005
Workers' Compensation
This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:HAWC321207
Effective Date: 10/01/2022
Expire Date: 10/01/2023
Workers' Compensation History
Miscellaneous Information
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  04/28/1993 - LICENSE REISSUED TO ANOTHER ENTITY
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification August 08, 2023 212
Data current as of 7/18/2023 10:46:54 AM
Home | Online Services | License Details
Contractor's License Detail for License # 88
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

GRIFFITH COMPANY
3050 E BIRCH STREET
BREA, CA 92821
Business Phone Number:(714) 984-5500
Entity Corporation
Issue Date 09/24/1929
Reissue Date 09/01/2000
Expire Date 09/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Certifications
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 B - GENERAL BUILDING
 C-8 - CONCRETE
 C12 - EARTHWORK AND PAVING
 C27 - LANDSCAPING
 C31 - CONSTRUCTION ZONE TRAFFIC CONTROL
 C22 - ASBESTOS ABATEMENT (Check DOSH Asbestos Registration)  HAZ - HAZARDOUS SUBSTANCES REMOVAL
August 08, 2023 213
Copyright © 2023 State of California
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with LIBERTY MUTUAL INSURANCE COMPANY.

Bond Number: 24047106
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
Workers' Compensation
This license has workers compensation insurance with the FEDERAL INSURANCE COMPANY Policy Number:54310383
Effective Date: 12/31/2022
Expire Date: 12/31/2023
Workers' Compensation History
Miscellaneous Information
Other
This license filed Bond of Qualifying Individual number 24236776 for JAIMIE ROBERT ANGUS in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

This license filed Bond of Qualifying Individual number 024258760 for GIOVANNI VALENTINO FANELLI in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

This license filed Bond of Qualifying Individual number 024258763 for RYAN JOSEPH AUKERMAN in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

 03/09/2022 - DOSH REGISTRATION VERIFIED FOR C22
 03/09/2022 - C22 NOT VALID 03/03/22 TO 03/08/22
 08/12/2022 - DOSH REGISTRATION VERIFIED FOR C22
 08/22/2022 - DOSH REGISTRATION VERIFIED FOR C22
 Personnel listed on this license (current or disassociated) are listed on other licenses.

Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification August 08, 2023 214
Registration
Number Legal Entity Name Registration Start Date Registration Expiration Date Status DBA Name Craft Name 1000001026 J. L. PLANK INC. 7/1/22 6/30/25 Active CEN‐CAL CONSTRUCTION Cement Mason,Laborer,Parking/Highway/Improvement,Operating Engineer,General Engineering 1000004812 HARKER INC 7/1/21 6/30/24 Active HARKER STRIPING AND SIGNAGE Parking/Highway/Improvement 1000001896
CALIFORNIA GRINDINGSPECIALTIES, INC 7/1/22 6/30/25 Active AUSTIN ENTERPRISE Laborer 1000005611 GRIFFITH COMPANY 7/1/22 6/30/24 Active
Landscape,Carpenter,CementMason,Laborer,Parking/Highway/Improvement,OperatingEngineer,General Engineering August 08, 2023
215

!"
#

$

%
&
'()#

&$
'(&
*+,-./0-1+2345 *6789:;3:<6=79>?6:@5A54+-51BBC15D0./@3/@5,/3D0*+,-./0 -E+EF+GHIJKL 31A3/5M*.IKNKOPIJKL +QR*6789:;/97ST5<<SU>?VS@9>S .WS:>26=BS=V?US XYZY[\]^_^`X abcdef\ghijklmnopqrac ]stYhugngt\Ybccva 1S<S=S:US3:<6=79>?6: `Yw\qx dyrdz \{n|}skh|{\s~{hlwqx vcc {igYjisk|gp|h\{n|}skh|{xcz c
dbbb ]|ghtgXi{ijtx`]w_w^`Z_Y]
\s~{hllgxksgkil\{tj{nil Xi{igs}s~||ngx\Y]wZ`wY 9U>6>68 /.3*=684?T> `Yw\ksjqx yaz Y~kjti|h{h|{nXgkok 4?:ST+<FT?:STT gs~{hl|t{jisk|gpisik{ht{ijt|hgtt|i|higtgn|hgts}|htjk{hgf sk{hgn{h{i|shs}{hls}igtgigk~tng{tgkg}gkisigunstt{klf YwZ\ZY _mw]^ mw]^ZY`_Y\[w`^Z mZ]YZ \__`\YZZw^Z]wYmw]w Z^w wXYmw]w wZ^ ]^Y]w`XZY`\^ wYmw]w _YZw`^ wX\^]]Y`^X ]Y^]YXX XZw`]^Z Z^ ^Y_Y`^[w\]^ eZ^ZX\_^`XYw` 9U>6>68 \s~{hlks}|ng \s~{hlXg{k Zgtjnit \s~{hl wh}sk~{i|sh np\s~{hl `{~gt Yughi}skXgko|g Zg}gkghg wh}sk~{i|sh `Yw\ksj]|ti ]|hgts}mjt|hgtt eskgkt \s~ght{i|sh n{|hi{hp Zgjgti}sk Yi|sh Yg{nt \shi{iwh}sk~{i|sh |h{h|{nXi{ig~ghit tYhhj{nXi{ig~ghit j{kigknl Xi{ig~ghit \s~{hl\s~n{|hi \s~{hl gk}sk~{hg \s~{k|tsh{i{ {hl ^h}skg~ghiYi|sh \s~st|ig n{|hitXijp|gt Ypp|i|sh{nwh}s |hpY\s~{hl Zgkgtghi{i|ogwh sjkYkg{ |g|h{h|{n |tn{|~gk yccz\{n|}skh|{g{ki~ghis}whtjk{hg August 08, 2023 216

!

"#$#%
$&!'(
&!%&!')*+#,#&!%

--
$&!'(
.
/01234356789:3;81<;=8>03;8?@;5;8:A1B8C0D80;E8C8F:=17G1HI017 JKLMLNOPQMRPLMSKTUSVWXXMKYZ[S\]WLPMQX ^_`abcdedf TQPKKWRTQPLgSUhiPMKLWKPKVWZ[S\]WLPMQX ^_`abcdedf jkklmmlmknop E1D8 @85C4= q5;5r50Iq5;5@8CB348:E86s t8uH8:;:v w1;3<345;310:v x1CI:s548v @3A0yH; ZWPUV[ /66x1C?: 8zAz{|}|w}~}}~ jknkpmop j kjknkp ZWQWVL]ShPMK lmmp MQLWUN knjkn 1CD1C830<1CD5;31010=17;1H:81HCI8G71C?:85C4=B3:3;1HC=86sAH3?8 WRWUPQUYPKMPLMSKX @;5;H:
/0Gx1C?: /66x1C?: 54;=C5:8 8zAz{|}|w}~}}~ WKPQSKXLUVLMSK 0;8C1?81Cw5D8 /4;3B8 054;3B8 WXWL Z[S\MKY SgUWXQLX ¡¢£¤¥¦ q5;8§1?3<38?¨>s?5;8? {1<©
ª«¬®¤¬¯«£¯°±« ~²
³´µ´¶µl·¸¹·º»¶»l¼½ /4;3B8t8A3:;C5;310 >03uH80;3;Gq T¾¿ÀÁOÂÃÄÅ¿Â /Æ1?8 ÇÅÈÉÊ =G:3456/??C8:: ËÄÊÌÍÎJÏÐÏÐÑOJÒ ÑÓJZÐJÎ]ÒÑÅËËÔÇÕZÑ JKLMLN s3C5;310q5;8 iPUÍËÒÍÔÍÄ HCs1:81<t8A3:;C5;310 ÑQQÑ\PURX August 08, 2023 217

!
!

"
#$%&#'()*+',-. /0123443567869:469;32<37;=:<;3=9>:==1?2=3@>6??67837A:<<1B;678A3= B1=23=@678:7CBD>46<53=E9<37;=:<;9A16;01=:9:<37;=:<;3=3=9D><37;=:<;3=F G41:91=121=;3;01HG1=63?32I1>:=@17;J23=9;:;D932?1>:=@17;B1=63?:973;1? >1435K LMNOPQRSTRUPVUWVXYXZW[\W]^WMUZZWMQQ_OQTRUOYMR\_W\`a b37;=:<;3=9;:;D9:;;01b37;=:<;3=9c;:;1d6<1791e3:=?fbcdeg /01h1?1=:4?1>:=@17;469;:;;01ij<4D?1?G:=;619d69;cC9;1@ kOlWRS\R[QPO\QRPmWPXRVRSVWnOPlW[Q opqrLstutvvwpkx]pkqyz {skk|opqrLst bcded6<1791}D@>1=K~
Q_PRUZ_

I1<69637cb~ v{vqvkwqpvk]pkqyz popLkqrLszovkpqLrpkvrz |kxpk|vvk] bcded6<1791}D@>1=K~
Q_PRUZ_

I1<69637cb xoqYXlOQWqR[QPRY]p[\y bcded6<1791}D@>1=K Q_PRUZ_
I1<69637 opkLvLoswpqLqvwmvwLpvk{L opkqvqvkwqpvkz LkwsuLLrptoL|opkL] bcded6<1791}D@>1=K
Q_PRUZ_
I1<69637de xwuqv]pkqy{Lvkpswrpkxz
xLwqpLLwsqvkwqpvk]pkqyz xsvwxswv{swuwvzLkLosqwLpx Lqvk bcded6<1791}D@>1=K:7?~~ Q_PRUZ_

I1<69637de sqqvkwLqvw]pkqyVnOsqstsqwpq] pkqyzoLwrLtpwLkL]O[X[VXVUOYO[V qsvwovRSsqqvkwLqvw]pkqyzO[V LkLtLLwLkL]O[X[VXVUOYO[Vwov RSsqqvkwLqvw]pkqy bcded6<1791}D@>1=K

Q_PRUZ_
I1<69637de
LX_W\_QWP]p[VXXVUOYYT {LLX_W\_QWP bcde}D@>1=K~~:7?~ Q_PRUZ_
I1<69637de~ mOQPX\`Xl]p[VXXVUOYYT {LwXQW\R[mYUlnX[Z bcde}D@>1=K~ Q_PRUZ_

I1<69637de {XZ_RP[qR[MQPU\QXR[]p[\y bcde}D@>1=K~ Q_PRUZ_
I1<69637de~
d:>3=b3@@6996371=92<1 IdciI1>:=@17;9

¡¢£¤¥¦¤§§¨©©¨¤ª«¥¬©®¯«
°D?8@17;i723=<1@17;±76; D;=1:<0 eD=1:D32h614?i723=<1@17; ²:81b4:6@³?´D?6<:;637 µ1;:46:;637fµb¶g ·:=@17;²3=E µ1869;=:;637c1=¸6<19 GD>46<²3=E9 i41<;=6<6:7b1=;6<:;637±76; }15d:>3=d:5967b:4623=76: h=1¹D17;4C:9E1?¹D19;6379 d18694:;6¸1=1B3=;9 d6<1791:7?µ1869;=:;637c1:=<0 G=6¸:;1³;;3=71C·171=:4³<; fG³·³g °D?8@17;c1:=<0 G3=;I=:C:81c1:=<0 ²:81b4:6@9c1:=<0 h=1¹D17;4C:9E1?¹D19;6379 d6<1791:7?µ1869;=:;637c1:=<0 d18694:;6¸1=1B3=;9 GD>46<:;6379 h3=@9 ³>3D;±9 d3<:;6379Ab37;:<;9A:7?º3D=932 B1=:;637 °3>9:;I¶µ »3D<:7NOTTRUPnXYY R[YX[Wy
}11?;3@:E1:B:C@17;¼ fº:8:D7B:83174½71:Fg
¾¿ÀÁÂ$À,Â. Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ä'.Å¿*Á'. Ã
Ã
Ã
Ã
Ã
Ã
Ã
Ã
Æ(Å¿--Ç'$)(Å*ÈÅ++À..ÀÅ,'*É. ÊËÁ'
Ã
Ã
c1:=<0 Ì
d:>3= d:5Íb:4Îcº³ c:21;CÏº1:4;0Í²3=E1=9 b3@BÍc142 ¶79D=:7<1Í ³BB=17;6<1906BÍI6=1<;3=9 2<1Í e3:=?9Í e:<E;3;3B Ð
Ñ!
!Ò

ÒÓ
August 08, 2023 218

!
!

"
#$%&'()*+,-./010/%(223/4( #$%&'()*+(./5$.'2%640.& 789:;<=>?@ABCCDEF GHIGGIJHGKLM)$%&MGHIGHIJHGN O?PQRQST87FDUV W$)LM0.&L$.X$.+L)%YL0$.,-.YZ[ #(2\W$)LM0.&L$.,(.0./010/%(2(./X]^I_`^ $aW$)LM0.&L$.X$.+L)%YL0$.,-.YZ[(./, b$20c$..\W$)LM0.&L$.,(.0./010/%(2(./ ^adY$$a W$)LM0.&L$.X$.+L)%YL0$. 789:;<=>?@AVCBDef gIGhIJHGiLM)$%&MNIGgIJHGN O?PQRQST9:FEfV
_`jX$.+L)%YL0$.,-.YZ,kX(20a$).0( X$)l$)(L0$.[(./_$4\)L `0YM(\2j(+02--(Z*Z(Z_$4\)L`0YM(\2j(+02 (Z*Z(Z `0*\j(+02,(.-./010/%(2(./X]^I_`^ ')\+0/\.L$a_`j X$.+L)%YL0$.,-.YZ 789:;<=>?@ADmEeDm nIGIJHGKLM)$%&MiIGiIJHGi O?PQRQST9:FEff
o\p()&0+q$%*M(.0+r()+$,(.0./010/%(2/4( o]bjkX(./s\YM.$2$&0\+,(+$2\ l)$l)0\L$)+M0l, k./o]bjkXX$Z,(+$2\l)$l)0\L$)+M0l 789:;<=>?@ADmmeCEtTuCUCeDBD JIGIJHGKLM)$%&MGIvGIJHJH O?PQRQSTBUwBDBDUwFCf c$+\lMx)$LM\)+].L\)l)0+\,-.YZ[y\.c$+\lM -./010/%(223(./(+X]^ 789:;<=>?@ADBmCfm nIvIJHGiLM)$%&MGHIvIJHGN O?PQRQST87femU #(1\X$$*X$.Y)\L\X$.+L)%YL0$.,-.YZ,(./ #(10/W0220(6X$$* eBEeC7t=QTS7tzQR{@tTS|CUE 7tzQR{@tTS:?tP}~7mEfEBwCCDm 789:;<=>?@ABfCDmV vIGIJHGKLM)$%&MJIJNIJHJH O?PQRQST9:fEUV x(..($%.].&0.\\)+X$.+L)%YL$)+X$)l$)(L0$.[ ^6()`(2$$a,k.-./010/%(2 :SCfFmm :??@ Q

R~7mUEUmwEFmm 789:;<=>?@ADEVDEm HhIGJIGKLM)$%&MHhIGGIJH O?PQRQST87FFCV ]1(.+_$$d.&X$Z,-.YZ EUEU8S<{}t ?8{@??{ 8tT{tTt~7mEVUf 789:;<=>?@AfCUFBm GHIvGIGgLM)$%&MGHIvHIGN O?PQRQST9:fEVU o%022\)6$-4(04())0(&(/4(50\))(r\1(/( 5L%YY$(./Jy_$$d.& 8Q?@@t;?tut8{<PPS :SDBVE ?TS~;DmFUE 789:;<=>?@AmCFDCE ESST DEU<?T Q8{@??{ ?TS~;DmFUE 789:;<=>?@AmFBFFC
HhIGnIGKLM)$%&MHhIGvIJH O?PQRQST87fUeV
#\2r$)L\X$.+L)%YL0$.,k./s)0.0/(/`(.%\2 X(.(2\+,(.-./010/%(2 :SFCUC Tt@u~7meUeU gIHGIGgLM)$%&MhIvGIGK O?PQRQST9:FFee :tP{S{Sz August 08, 2023 219

!
!

"
#$%$&''()*+,- ./012,34567$7$ 489:;<=>)2?@6A#B%7 CDEFGHDIFJKLDMJDNOPQMFRSGDRTUVWXNYZ[NR\ A$6])0010^8^1^_'0 `'2a10b_((3456#$7B CFNDHcNJGFdeXGDH3f0,_g_,<1((*10,h'_0a :<i_0)ii1iCDEFGHDIFJQMFRSGDRTUVWXNY 489:;<=>)2?@Bj#7k% lmnomnpSqGULOqrmnomns h)t_i_'084#BkA
uXHSCFVUMDSDUNZ[NR\ j$kv4w1i^x1('=128^2))^@k%7 4y<(1z_i^13456k6kk 489:;<=>)2?@B6%B%6 {UOFMDUeFJDNX|X}~LF}\310_0,_g_,<1(10,_0 y_it11t_^*1i+)i'0i_>()`101a_0a.t)2' ucCQe [[Z[T-mnmSqGULOqmnms h)t_i_'09:#BA% mnmnSqGULOqmnm h)t_i_'09:#jj# mnmpSqGULOqmnm h)t_i_'09:#BA$ mnmSqGULOqmnms h)t_i_'09:#j#k mnmSqGULOqmnms h)t_i_'09:#B76 mnmlSqGULOqmnmls h)t_i_'09:#BAk mnmSqGULOqmnm h)t_i_'09:#BA7 mnmlsSqGULOqmnm h)t_i_'09:#jjj mnmlnSqGULOqmnml h)t_i_'09:#jjB mnmnrSqGULOqmnmln h)t_i_'09:#jj mnmnoSqGULOqmnmnr h)t_i_'09:#7A# cVFGDEFSMLVDNOZ[NR\XMSFGQJdXGJXRU LqMVXNN[[[Z[NJDEDJLXMMYcNJJXcVFGDEFS MLVDNOFGEDRFH 489:;<=>)2?@6j6$A10,@6k6Bjk rmpmnoSqGULOqrmomnr h)t_i_'084#B#j MSDVXSF[NR\ZcNJZQNGD~LF|FGXZXN[NJDEDJLXM x.:'/#BkkkB ]121013456k7#jvkkkB 489:;<=>)2?@6A6%%6 nlmnmnoSqGULOqnnmmnr h)t_i_'09:#j##9:8j#6 GXEDUMDTUNHSGLRSDUNZ[NR\ x.:'/%7k z_i1(_134567%BA 489:;<=>)2?@67j7% mnnmnoSqGULOqmnmns h)t_i_'084#$$ [NSFOGDSYqFFSeFSXMZ[NR\ 7k6`t52^y<2&1* (10,3456kBj 489:@B%jBB$ DMMDXVKFNDRH310_0,_g_,<1( eXGOXGFSeXGYDRH310_0,_g_,<1( lmnmnoSqGULOqnmnmnr h)t_i_'09:##6j

cKLDMJFGHZ[NR\ZXTXMDUGNDXTUGWUGXSDUN k#j7#81^_t'*8^2))^3@b z10;<*i3456kA$j 489:@BA#6k cMUNXVMDFM310_0,_g_,<1( lmnmnoSqGULOqnmnmnr h)t_i_'09:#kBk cXMMYHSFVHZ[NR\ 7$68<0iy_0)910) +_g)2i_,)3456%#$ 489:@6%6jk$ mnmnoSqGULOqmnmnr h)t_i_'09:#7%7 :1t^'^' August 08, 2023 220

!
!

" #
$%&'(%$)*+,+-('..+(/012132423506 0132172890:092;<08=>?823?1;@ABC@DEC F')*GH+(IJ,KH()LHMJ, NJ(.+(OP%Q'RPI'(S+,H(PIJ,KH()LHMJ, TUVWXY7Z>160[?\4?15? ]Z>^06[/A\_W`UW Aabcd_X_e_X fG'(J,gM,hJJ/012132423506i F'+RP),hJJ/012132423506 0132172890:092;<08j010k?>@85:?>428Z>lZ> a70>Z1m21nZZ0132172890:092;<08o?1?>06 =0>;1?>lZ>pnAZ18;>59;2Z1/0o?1?>06 =0>;1?>872:q rstusuvHG(J)*Gwswusux y?9282Z1bcUV``/bcUV`X/ bcUV`z{bcUUeW |F}IJ,KH()LHMJ,~,L T`_eqc5660>3\4?q/ >?81Z/A\_XTT AabcdzW` usuvsurHG(J)*Gusursu y?9282Z1VWVWUWzUee{VV VWUW_Uee MH',$O+LH(ML'OIJ,KH()LHMJ,~,L b5908C624?>a;29[1?</012132423506 m0j2?]Z?65>>/012132423506 `W]0;Zj0a;>??; a01>019289Z/A\_VTW Aabcd_T_UT` uuswsurHG(J)*Guussu y?9282Z1aAUU_ |'.JK'M,HM,* A0>6Z8D0<D0jZ8/012132423506 =qCqcZzXT =08ZDZ6?8/A\_VVX AabcdXUUXU uuswsurHG(J)*Guussuv y?9282Z1aAUUTz FML$.'(%$O+LH(ML 30Bj0>3B6?9;>29b5[?D2970>3Bj0>3/01 2132423506013DEC U_W?<AZ5>;/a52;?\ bZZj28/A\_U`UW AabcdX_VWWX uuswsurHGJ(J)*Guussu y?9282Z1aAUUeT MJ,$O+LH(ML oZ>3Z156;Z1]2Z1/012132423506 U`eV058;\4?q ZZ36013p2668/A\_T`X AabcdX_`zWe xsusurHG(J)*Gswusu y?9282Z1bcVV_U +(MK+,+('OIJ,H('LHJ(K~'I'OMNJ(,M' IJ(SJ('HMJ, Bl>?1]?>2/012132423506 a?>4013Z]?>2/012132423506 D??90]?>2/012132423506 b528\?60>3ZA08;>Z/012132423506 `WzXA062lZ>120\4?q bZ1kc?097/A\_WzWU AabcdX_X_`X sxsurHG(J)*Gssu y?9282Z1bcVUTT/bcVUTe{ bcVUeT fJ)HGO',%IJ,KH()LHMJ, D?0EZ70jj?32/012132423506 _V>421?c643q/dVWU/>421?/A\_e`We Aabcd``XzV?:2>?3 utsursurHG(J)*Gutsuwsu y?9282Z1a\AUV_e 'HMJ,'OF(P&'OOIJ(SJ('HMJ,~ }FMKKJO+%I'OMNJ(,M'IJ(SJ('HMJ, `WaqE2662[?1\4?15?/a52;? C1;0>2Z/A\_TX`T AabcdzVU M*)+OIJ,H(+('K~',,%MM%)'O',% |+KSJ,KMQO+','*M,*NL+(sI$s(+KM%+,H FJ(''(M'IJ,H(+('K~',,%MM%)'O',% }*+,HsNL+(JNHG+IJ(SJ('HMJ, xsrsurHG(J)*Gxswsu y?9282Z1a\AUUW` c09[;Z;Z:

August 08, 2023 221

!
!

" #
$%&'()*+(,))-./(0)1',213(045026 7%8-9:;%<-'$%&'()*=%<'%8+(,))-. +(,))-.450&3>3&,%99? @AA@BCDEFDGHHDIJKLDMIJNOPKQIRMS@TCU RFVWXUSC@CAYHZNLGHQ[ \]^_]^`1;'(,a;\]b]^c dHeLfLgKFMRhijC :-'-031?k3'-l'(1-213(0 m@TFnMffgeLPDHQogPQIWGHPIRMSACA@ RFVWXSjASAT \]^]^`1;'(,a;`]p_]^c dHeLfLgKVWmAjA q(07-99?/(0)1',213(045026 q(07-99?450&3>3&,%9%0&r3)%7-99?450&3>3&,%9 @T@sgGDEtLHuoLQvHVPKHIwnxnWgZ@jTUjI WgyHzPKI{|hST@S p]}\]^`1;'(,a;p]}`]^c dHeLfLgKVWmmCm ~9&%045026 wnxnWgZSmACIWGHPIRMSACAA RFVWXSmSAAS }]}]^`1;'(,a;}]}c]^c dHeLfLgKVWh@Th ,))-99]$;(8)(045026 %8-)-%0,))-99*%9-'?~9-0%$;(8)(04 50&3>3&,%99? mUCmxP OHKdGnIoHQQLKvIRMSUjj@ RFVWXS@hjiUYGHtgHQ[ ^_]p^]^p1;'(,a;^_]p^]^ dHeLfLgKFRhijS ~?(&-3%~6a,0&%'-450&3>3&,%9 q%l%2320a30--'30a/(8%0? Ui@jFDHuPGDPIWPHGfHOQIRMSiijC RVFWXT@jiAA \]^\]}_^p1;'(,a;\]^\]}_^` dHeLfLgKFMR@jiS %992'-1-50&,)1'3-)45026%'31q%>3& 99%2-%0&~8-'~0&-')(0450&3>3&,%9) mjjPKfPfIoHQOPKQfIRMSAiTi RFVWXCimAAj c]}b]^}1;'(,a;c]}]^\ dHeLfLgKFMRh@Th k501-''3)-)4502 %'3-9k-&3&%450&3>3&,%9 hTmSHKLeHWOtQnIVgfMKvHOHfIRMSjj@S RFVWXUhSAhA ]^`]^}1;'(,a;]^p]^\ dHeLfLgKFRh@SC -..'-?~9%0=(11%0&=32;-99-=(114 30&3>3&,%9) q&%501-a'31?r%0&)2%- iThUKQHNHKQHKeHMtHKH FPKvHGIRMSiUiT RFVWXTTmAAA p]}b]^}1;'(,a;p]}]^\ dHeLfLgKFRh@Uj -0)-0q'?%99*:1,22( -..'-?6-0)-0 iT@mVKQPwOPeH sPDLgKPORLDIRMS@ShjC@A@ RFWXUUm@UCBZNnA@C@@YHZNLGHQ[ p]p^]^^1;'(,a;p]p_]^p dHeLfLgKFRhjSh ~99-)1/(0)1',213(045026 q(0%9&7-01,))-99 mShsn{PGfMtHn GHfKgIRMSiTjU RFWXhSAiA@BZNnmi@AYffNHKQHQ[ p]p^]^^1;'(,a;p]p_]^p dHeLfLgKfHhj@i /(,01'?,39&-')45026 -9&(0.99430&3>3&,%99? hS@h GPEPzRDn VLtHGzgGHIRMSmhhj RFWXUSShTmBZNn@@ij@AYPeDLtH[ p]^]^^1;'(,a;}]}]^` dHeLfLgKFRhjhi MQQHKQzFRhjhi WPeDgDgN August 08, 2023 222

!
!

" #
$%&&'()*+,-.*+&/0123045 67689:;<=>;?@ABCD>E<D FGH@ICEJKI86L66M INOPQMR7STUVW9SXMSX76YCD@ZEC[;\ ]+^/_`a^/0b('ca'(2+0/0_/^/_%+a 67689:;<=>;?@ABCD>E<D FGH@ICEJKI86L66M d'00'&e`5b('ca'(2+0/0_/^/_%+a Rf7Mg@><g@D; h@=JA[Cii;KI86L67S jklklm&e(*%1enkomklo p;ZCAC<DN8IL7SR
$**]*01d/,2+0/0_/^/_%+a2 _q+$**d/,ra'4&(/4.*,s+0t SfRRTuCv>;[C;wg@D; g@hC=@v@KI867fMx INOPLfxS7MUVW9xXSX76YCD@ZEC[;\ yt*z+,{%012+0/0_/^/_%+a2 _q+|%4/_ra'4&(/4 SxfRS?;iiNE=;;E u<wi@Dv};C>BEAKI86SQTx INOP6STf6RUVW9TXMXS7 ~klklm&e(*%1e~klklo p;ZCAC<DN8IS7fT
$*%&e'&(+_/012 _q+$*%&e'&(+_/01$'(^/4'230452 RR7MS?@CE;NE=;;E ?Civ<@=KI86RL6L ]+^/_ +a&'(.e*a'/0/2+0/0_/^/_%+a RR7MS?@CE;NE=;;E ?Civ<@=K86RL6L R66Q7;ZBD<i<>Jp=C[;KNE;9R7L hG==C;E@KI86RLfM INOPxT7TSfUVW9fXM7XS7 oklklm&e(*%1eokljklo p;ZCAC<DN8IS7Lx
$5{5./,/0*ra'4&(/4230452+.+a/*(0/+ 4*(s*(+&/*02 MRfQpGEE<D8[;9 N@DE@u<A@KI86LT7T $+a^+&*('{*'se./,/0*22.r+0_ ('/_'0&*$5{5./,/0*ra'4&(/423045+0_*a' *0'(*$5{5./,/0* ra'4&(/42+0/0_/^/_%+a LxRL};C>BEAuv9 N@DE@u<A@KI86LT7S INOPMTMx7RUVW9RXRxXS7 INOPR6TSTSUVW96XM7XSMYCD@ZEC[;\ lmklkm&e(*%1elmkl~kl p;ZCAC<DN8IS7LR
.'_+(]'^'a*s,'0&.*(s*(+&/*0 $'(1e*0+q(/'a`(+,2/0_/^/_%+aat SRTQQ;@EB;=p= hC=@g<@KI86SQLR INOPxM6x6xUVW9fXM7XS7YAGAW;Dv;v\ kkm&e(*%1ek~kl p;ZCAC<DN8IS7TR `aa)a**(.*,,'(4/+a+0_'/_'0&/+a )a**(/0123045 $+a^+_*(ra/+'('+2/0_/^/_%+aat QL7U9hZ:iCDZJg@D;KPS7M I@WH;iiKI86L77x INOPTM76f6UVW9QXMSX76 kl~km&e(*%1eklokl p;ZCAC<DN8IS7T7 l`].*0&(%4&/*023045 `aq'(&**(_*/2/0_/^/_%+aat /('aa+*(_*/2/0_/^/_%+aat LM77O;@ZBOi[v9KNGCE;SS7TSf OG;D@@=KI867fRS INOPQxQLMMK=;[<;v oklnkm&e(*%1eoklkl p;ZCAC<DN8IS7MQ Wv@E;v8W=CiR7RM O@ZE<E<W
August 08, 2023 223
Map - Oct 27 11:35 PM
MN

11.8°E
10/27/20

0.5 0 0.5 1 1.5 KM 2

0.5 0 0.5 MILES 1
Scale 1:14768 Datum WGS84
© Mapbox (https://www.mapbox.com/about/maps/) © OpenStreetMap (http://www.openstreetmap.org/about/) -118.015 -118.010 -118.005 -118.000 -117.995 -117.990 -117.985 -117.980 -117.975 -118.015 -118.010 -118.005 -118.000 -117.995 -117.990 -117.985 -117.980 -117.975 35.135 35.130 35.125 35.120

35.135 35.130 35.125 35.120
August 08, 2023 224

CITY OF CALIFORNIA CITY

CONSTRUCTION CONTRACT
CALIFORNIA CITY BLVD. PEDESTRIAN IMPROVEMENTS
Yerba Blvd. to Neuralia Rd.

HSIPSL-5399 (032)

1. PARTIES AND DATE.

This Contract is made and entered into this _8th_ day of August, 2023 by and between the City of California City, a public agency and public corporation of the State of California (“City”) and J.L. Plank, Inc. dba Cen-Cal Construction, a corporation with its principal place of business at 34762 Lencioni Ave., Bakersfield, California 93308 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing _Road/Pedestrian Facilities Reconstruction__ related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Engineering Contractor license Class A.

2.3 Project. City desires to engage Contractor to render such services for the CALIFORNIA CITY BLVD. PEDESTRIAN IMPROVEMENTS - Yerba Blvd. to Neuralia Rd. – HSIPSL-5399 (032) Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
August 08, 2023 225
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
• 2018 Edition of the Standard Specifications of the State of California, Department of Transportation “Caltrans.
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

August 08, 2023 226
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 30 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Seven Hundred and Fifty Dollars ($750.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any August 08, 2023 227
additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Four Hundred Eighteen Thousand Four Hundred Sixty-Five Dollars ($418,465.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract August 08, 2023 228
which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract.

Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in August 08, 2023 229
effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of August 08, 2023 230
Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit.

Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or August 08, 2023 231
other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner August 08, 2023 232
affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.

Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

August 08, 2023 233

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim.

Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to August 08, 2023 234
compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no August 08, 2023 235
greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

August 08, 2023 236

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code.

The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section

3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

August 08, 2023 237

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companies, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury August 08, 2023 238
to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Two Million Dollars ($2,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy). The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), nonowned, leased, hired or borrowed automobiles of Contractor, including loading and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner.
(iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of SelfInsurance reasonably satisfactory to the Owner. (v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or selfinsured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course-of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

August 08, 2023 239
This insurance shall insure against all risks, including but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured. (vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case. (c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non-Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.

August 08, 2023 240
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insurance to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be
at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

August 08, 2023 241

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such August 08, 2023 242
deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of August 08, 2023 243
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

August 08, 2023 244

3.16.2 Equal Opportunity Employment. Contractor 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor 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 require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”).

Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.

Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the August 08, 2023 245
matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Cen-Cal Construction
34762 Lencioni Ave.,
Bakersfield, California 93308
(661) 399-3759
Attn: Jason Plank
CITY:

City of California City
21000 Hacienda Blvd
California City, California 93505
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to August 08, 2023 246
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.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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 Contract, 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 Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

August 08, 2023 247

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF CALIFORNIA CITY
AND J.L. PLANK, INC. DBA CEN-CAL CONSTRUCTION
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the _8th_ day of __August___, 2023.

CITY OF CALIFORNIA CITY J.L. PLANK, INC.
dba CEN-CAL CONSTRUCTION
By: By:

Inge Elmes
Acting City Manager Its:

Printed Name:

ATTEST:

By:

Socorro Chavez, City Clerk
August 08, 2023 248
EXHIBIT “A”

SERVICES / SCHEDULE
See Plans and Specifications, incorporated herein by this reference.

August 08, 2023 249
EXHIBIT “B”

PLANS AND SPECIFICATIONS
See Plans and Specifications, incorporated herein by this reference.

August 08, 2023 250
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

August 08, 2023 251
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
August 08, 2023 252
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:_______________________________
DIR Registration Number:__________________________
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
• Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor__________________________________________ Signature__________________________________________________ Name and Title_____________________________________________ Dated___________________________

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” August 08, 2023 253
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
August 08, 2023 254

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of California City (hereinafter referred to as “City”) has awarded to J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION, (hereinafter referred to as the “Contractor”) an agreement for CALIFORNIA CITY BLVD. PEDESTRIAN IMPROVEMENTS - Yerba Blvd. to Neuralia Rd. – HSIPSL-5399 (032) (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 05/21/2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION, the undersigned Contractor and _______________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Four Hundred Eighteen Thousand Four Hundred Sixty-Five Dollars ($418,465.00) said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

August 08, 2023 255
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___).
(Corporate Seal)
Contractor/ Principal
August 08, 2023 256
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

August 08, 2023 257
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
August 08, 2023 258

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of California City (hereinafter designated as the “City”), by action taken or a resolution passed August 08, 2023 has awarded to J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION hereinafter designated as the “Principal,” a contract for the work described as follows:

CALIFORNIA CITY BLVD. PEDESTRIAN IMPROVEMENTS - Yerba Blvd. to Neuralia Rd. – HSIPSL5399 (032) (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated 05/21/2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _____________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Eighteen Thousand Four Hundred Sixty-Five Dollars ($418,465.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or August 08, 2023 259
modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

August 08, 2023 260
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
August 08, 2023 261
EXHIBIT “G”

FEDERAL REQUIREMENTS
August 08, 2023 262

COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: Housing Element Professional Services Proposal

BACKGROUND/DISCUSSION
The California Department of Housing and Community Development requires all local governments for cities and counties to complete to adequately plan to meet the housing needs of everyone in the community by adopting a housing plan as part of their general plan. This is completed by a housing element process and to stay compliant, the city will need to hire a company to complete the requirements within the timeframe required. Housing Element projected to be completed by January 2025.

PlaceWorks has provided the city with a proposal to complete this mandated requirement. Discussions took place with previous planning consultants and PlaceWorks was the only company that was able to provide a proposal. PlaceWorks is highly experienced with over 100 certified Housing Elements since 2008.

RECOMMENDATION
Staff recommends accepting the proposal from PlaceWorks and enter into an agreement to prepare the 2023-2031 Housing Element for the City of California City.

FISCAL IMPACT
Cost of professional services agreement will be allocated to GL code 10-4170-310 in the amount of $183,790.00.

ATTACHMENTS
PlaceWorks Housing Element Proposal
NB 5.

August 08, 2023 263
July 21, 2023
Inge Elmes, Acting City Manager
City of California City
21000 Hacienda Boulevard
California City, CA 93505
Subject: California City 2023-2031 Housing Element Update Dear Inge:

Please accept this submittal as PlaceWorks’ proposal to prepare the 2023-2031 Housing Element for the City of California City.

PlaceWorks staff has spent decades supporting local agencies for California Department of Housing and Community Development (HCD) compliance. We have extensive experience working with HCD—over 100 certified Housing Elements since 2008, the vast majority of which were certified after a single round of review. We also have considerable expertise with preparing inclusionary housing ordinances, analyses of impediments to fair housing choice, consolidated plans, annual action plans, housing condition, and income surveys, and acting as an extension of staff to help with Housing Element implementation and submittal of annual Housing Element reports to HCD.

PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients.

PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity. Just as each place we work is distinctly different, so is our thinking.

The PlaceWorks team of highly experienced housing professionals provides clients and communities with the highest level of service. Each staff member is also cross-trained in numerous specialties—general plans, corridor plans, community design, and community health. Therefore, we add the greatest value to our housing policy and planning work. With our experience, you can also be assured of obtaining certification with HCD—100 percent of our Housing Elements have received certification by the State of California.

August 08, 2023 264
Key Staff
Jennifer Gastelum, Principal, Principal-in-Charge
Jennifer will serve as principal-in-charge and ensure that all products are produced on time and on budget and meet the highest standards of quality.

She will facilitate public workshops and meetings. Jennifer has over 20 years of experience in housing programs and public outreach throughout California, Nevada, and Washington. As a recognized leader in the field, she has managed updates to over 70 Housing Elements since 2008. Her experience includes preparing United States Department of Housing and Urban Development (HUD) consolidated plans, action plans, analyses of impediments to fair housing choice, housing condition surveys, and housing market studies. Jennifer has significant experience overseeing grant management of state and federal programs, such as the Community Development Block Grant (CDBG) program, CALHOME, and HOME. Jennifer is committed to continuing education and training, and she has experience leading project management and business development training.

Other project experience includes specific plans, general plans, EIRs, and IS/NDS.

Cynthia Walsh, Senior Associate
Cynthia has over a decade of experience working on long-range planning documents, specializing in policy writing for housing element updates, housing element annual reports, zoning codes, general plans, analyses of impediments to fair housing choice documents, consolidated plans, and action plans. She is experienced with State and federal grant programs, and she is an expert in federal (Davis-Bacon) and state labor standards compliance. Cynthia has significant experience in the preparation of analysis of impediments to fair housing choice documents, ensuring they are consistent with the guidelines and requirements outlined in HUD’s Fair Housing Planning Guide. She has also prepared over 30 housing elements over the past three housing element cycles for cities and counties throughout California.

Amy Sinsheimer, AICP, Senior Associate
Amy has over 20 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy prepared housing elements during the 3rd, 4th, 5th, and 6th cycles and has worked closely with staff at the California Department of Housing and Community Development to achieve certification for her clients. Amy has also prepared housing element August 08, 2023 265
program implementation documents. She also has comprehensive zoning code and General Plan Update experience.

Deborah Rogoff-Ezra, Associate
Deborah will serve as key housing staff for the project. Deborah joined the PlaceWorks team to provide expertise in the fields of housing and community planning. She has extensive successful multilevel experience in urban planning and community development, possessing notable management, analytic problem solving, project documentation, and strong interpersonal skills.

Deborah is devoted to the formulation of viable planning solutions to challenges that arise in community growth and land use development.

Karla Martinez, Project Planner
Karla will serve as key housing staff for the project. Karla currently supports the PlaceWorks Housing Team with Housing Element updates, data analysis, preparation of outreach materials, as well as public engagement. More specifically, she works closely with project managers assisting with the preparation of Housing Needs Assessments, Sites Inventory Analysis, SB 244 Analysis, conducting consultations with local stakeholders, and gathering input from parcel owners. She is also skilled at organizing demographic data into tables and charts, helping to simplify the technical content for non-experts.

Payton Lagamorsino, Project Planner
At PlaceWorks, Payton assists both Housing and CEQA teams on various projects. Currently, Payton is working on Housing Needs Assessments for both Tuolumne County and San Joaquin County. Prior to joining PlaceWorks, Payton was a student at University of Oregon and had the opportunity to study abroad in Denmark and the Netherlands to study sustainable transportation.

While there, Payton rode through both countries, using both rural and urban bicycle infrastructure to get around.

Mark Teague, AICP, Managing Principal,
Environmental Services, Advisor
Mark will serve as an Advisor and offer environmental expertise on the project. In over 35 years of public- and private-sector experience, Mark has worked throughout California in agencies large and small and is considered an innovative problem solver. His projects include planned communities, August 08, 2023 266
shopping center EIRs, general plan and zoning code updates, impact fees, and public outreach for projects highly scrutinized by the public. Mark is often able to offer a unique approach to meeting a critical goal of a project. His experience as a planning director, staff liaison, and ability to see the whole of the project, ensures that every document meets the need of the client. He has served as on-call extension of staff for numerous cities throughout northern and southern California, including Anderson, Mount Shasta, Wildomar, and Eastvale.

Patrick Hindmarsh, Senior Associate, Environmental Services Patrick will serve as key environmental staff on the project. Patrick has over 24 years of experience in planning and environmental analyses and preparing and editing a variety of technical sections, EIRs, and studies. Prior to joining PlaceWorks, Patrick was a CEQA project manager at Michael Baker International. He has managed environmental (CEQA) documents for complex projects, including large-scale and multidisciplinary development projects. He managed and oversaw all aspects of environmental document preparation, including directing technical writing and technical analyses; review/revision of technical staff work; supervising subconsultants and internal environmental staff, managing budget and schedule, maintaining client contact, and presenting environmental findings before Planning Commissions, Boards of Supervisors, and at other public hearings and meetings.

Lexie Zimny, Project Planner
Lexie will serve as key environmental staff. Lexie works with the PlaceWorks Environmental Team supporting the analysis and preparation of California Environmental Policy Act (CEQA) documents as well a variety of planning elements. She has researched and written analysis for all environmental resource areas and specializes in noise monitoring and analysis. She also has technical experience in a variety of software including ArcGIS, Sketchup, AutoCAD, and the Adobe Creative Suite and continues to improve her skills in these areas. Her passion in planning stems from a desire to help communities make well-informed and inclusive decisions about their future while finding creative and accessible ways to communicate complex information pertinent to these decisions.

Jessica Mendoza, Project Planner
Jessica will serve as key environmental staff on the project. Jessica holds passions for environmental justice projects, public outreach, urban planning, and policy research. As an Environmental Planner, she hopes to help support environmental projects and engage in meaningful public outreach. She supports the Environmental Planning Team at PlaceWorks to bring about a variety of environmental projects throughout the state. Currently, Jessica is August 08, 2023 267
working on CEQA analysis for housing elements for Contra Costa County and the City of Benicia, as well as an Environmental Impact Report for Butte County.

Rob Mazur, Associate Principal, Director of GIS
Rob will offer GIS expertise on the project. Rob has extensive experience creating maps and datasets for a range of planning projects. He specializes in all facets of geodatabase development, data management, web GIS, and spatial and tabular analyses for improved decision making, information retrieval, and cartography. Rob excels at quantitative and spatial analysis, including buildout calculations, walkability, community health modeling, cartography, and land use scenario modeling. He works directly with clients and staff to develop effective, efficient, and informative GIS processes. Rob is well versed in advanced and current planning practices in both the public and private sector and has an excellent understanding of the relationship between data management and its importance in achieving service delivery standards for the work of community development and public works departments.

Rob has brought his GIS skills to a number of general plan updates throughout California and has managed a variety of mapping projects in Los Angeles County, the Bay Area, and beyond.

Tammy L. Seale, Principal
Tammy is a leader in the field of local climate action and resiliency planning, with over 25 years of local environmental and land use planning experience.

She collaborates with communities to holistically address sustainability, climate change, and resiliency in local environmental and land use plans and implementation programs, including comprehensive plans, climate action plans, hazard mitigation plans, and zoning codes. She leads planning processes that are informed by robust technical analysis, such as climate change vulnerability assessments and GHG emissions inventories. She also leads inclusive, meaningful engagement with agencies and community stakeholders to develop effective and locally appropriate climate mitigation and adaptation strategies.

Eli Krispi, Senior Associate
Eli works on planning projects to reduce environmental impacts, increase resiliency to a changing climate, and address equity and justice issues. As a planning and sustainability professional, he draws on experience implementing sustainable policies, a science-based education focused on the nexus of the built environment and the natural world, and a data-driven analytical approach to problem solving. Eli’s work includes climate action and adaptation plans, public safety and hazard plans, and environmental justice and resilience strategies, along with comprehensive planning efforts. His current projects include August 08, 2023 268
the Contra Costa County General Plan and Climate Action Plan, the Solano County regional Safety and Environmental Justice Element updates, and the City of Salinas General Plan and Climate Action Plan, among many others.

Amanda Lukondi, Word Processor
Amanda has over 8 years of experience working collaboratively with project managers and various levels to staff to prepare winning proposals, presentations, prequalifications, award submissions, and client deliverables.

Her primary duties include template creation, formatting, review, editing, production, and delivery of final word and PDF documents. She also has a successful history of working parallel alongside project managers and their teams by providing project assistance, coordination, quality review, project setups, and task monitoring and implementation to ensure project deadlines are met.

Becky Golden-Harrell, Technical Editor
Becky is a technical editor with 19 years of professional experience editing complex, multidisciplinary technical manuscripts. Becky also has many years of experience managing and directing complex projects from manuscript preparation to publication at academic and commercial publishing houses.

Her areas of expertise lie in many areas, including coordinating large projects prepared by multiple authors and ensuring resulting work has a consistent style, tone, and terminology. Becky has experience establishing and maintaining guidelines and standard practices for formatting, editing, and producing documents.

She manages workflow for large, complex projects – defining and maintaining schedule and budget to ensure on-time, on-budget completion and provides excellent editorial support tailored to needs and schedules of individual projects. Other tasks include providing feedback and direction to authors regarding writing and project style, as well as overall editorial quality check for documents.

August 08, 2023 269
Qualifications
PlaceWorks has provided housing services since 1988. We have prepared Housing Elements, analyses of impediments to fair housing, strategic plans, pro formas, housing demand studies, and video productions. Our staff have prepared over 100 Housing Elements. PlaceWorks has also received numerous awards from the state chapter and local sections of the American Planning Association.

Few firms can offer our breadth of services or the resume of awards that demonstrate our project innovation and quality. Whether the focus is on revitalizing corridors with housing, incorporating an economic perspective into land use decisions, or integrating community health, we integrate this expertise into our housing plans.

Our housing philosophy is rooted in the belief that the housing we reside in and the neighborhoods where we live are fundamental to our communities and the quality of life offered to residents and the workforce. Successful communities are those that can embrace the value of housing and neighborhoods and can develop innovative programs to support housing. As we work with cities to plan for housing, we are guided by the following three principles.

1. Housing Strengthens Neighborhoods: Quality affordable housing and the neighborhoods where we live are critical to personal and family well-being. Quality housing provides a safe living environment for people of all ages. Strong neighborhoods with the appropriate mix of amenities are also essential to quality of life. In crafting our housing plans, we look for innovative ways to incorporate housing and amenities in a way that strengthens neighborhoods.

2. Housing Creates Jobs and Economic Prosperity: Housing brings tremendous economic value to a community—it creates jobs, improves property values, and brings tax revenue into a city or county. A home is also the most valuable asset many Americans will own. We understand the economic value of housing, both to the resident and the community. Working with the development community, we also understand the economics behind housing and what it takes for investments to be made.

3. Housing Addresses Lifestyle Needs: Housing products continue to evolve to meet lifestyle needs in our cities and counties, and our housing plans should be responsive to these industry changes.

Our work with the development industry allows us to bring the latest in housing products to our housing work. Whether it is intergenerational housing concepts, mixed-use, transit-oriented housing, or affordable housing, our housing plans reflect the latest in product innovation.

Project Experience
PlaceWorks staff bring decades of work supporting local agencies with HCD compliance. We have recently completed 46 Housing Element updates during the 6th cycle. We also have considerable expertise with preparing inclusionary housing ordinances, analyses of impediments to fair housing August 08, 2023 270
choice, consolidated plans, annual action plans, housing condition, and income surveys, as well as acting as an extension to local staff to help with housing element implementation and Annual Housing Element report submittal to HCD.

Housing Elements: PlaceWorks understands that each community has unique housing conditions and challenges and understands the complex regulatory requirements that accompany the housing element certification process. We use our experience and knowledge to work with local governments to gain an understanding of each community’s unique housing needs and strategies to produce a user-friendly Housing Element. We have extensive experience with preparing housing elements for small to large cities and counties, as well as for urban and rural communities (see Figure 1).

Experience with HCD: PlaceWorks maintains strong and effective working relationships with HCD reviewers. Over the course of assisting cities and counties with their housing elements, we have worked closely with staff at HCD. We strive to understand updates to state law and HCD goals and serve as a liaison between HCD staff and the communities we work with. Reaching a consensus with HCD is a negotiation process, and we are committed to representing the City’s best interests in that process. By maintaining close contact with HCD and representing the needs of our clients, we have never failed to obtain certification of any of the housing elements we have prepared. Our proximity to HCD’s office in Sacramento makes it easy for us to meet with HCD staff as needed.

HCD SB 2 AND LEAP/REAP TECHNICAL ASSISTANCE
On behalf of HCD, PlaceWorks has provided technical
assistance to help launch and implement the SB 2 Planning Grants Program and the Local and Regional Accelerating
Housing Production (LEAP/REAP) Program.

For SB 2, PlaceWorks helped HCD staff and jurisdictions identify planning tools and projects to leverage the program’s $125 million allocation to increase housing production. Sample projects included targeted general plan updates, community plans and specific plans, by-right zoning, objective design standards, ADU plans, streamlined environmental analyses, and process updates to improve and expedite local permitting. The LEAP/REAP program built on these efforts to establish a new statewide “pro-housing designation,” create toolkits to help implement state housing legislation, and develop a statewide database showing various indicators related to equity and affirmatively furthering fair housing. For both projects, PlaceWorks conducted outreach throughout the state and provided direct assistance to all 540+ cities and counties through 11 regional liaisons.

PlaceWorks also developed an online GIS portal of planning grant information to enhance HCD’s internal review processes and push out information to jurisdictions. These two efforts represented the first statewide grant programs for which every city, county, and region in the state was eligible Reference
Paul McDougall, Housing Policy
Division, State of CA Housing and
Community Development |
916.263.7420 |
August 08, 2023 271
for an over-the-counter funding award. The PlaceWorks team achieved an extremely high level of participation commensurate with its outreach and technical assistance efforts. Overall, the programs have achieved over a 90 percent participation rate, with 93 percent of available funds requested or awarded.
2021-2029 (6TH CYCLE) PLACER COUNTY HOUSING ELEMENT UPDATE The PlaceWorks team prepared the County’s 6th Cycle
Housing Element update, which included an evaluation of existing housing programs; a housing needs analysis;
identification of housing resources and opportunities;
housing constraints analysis update; and housing goals, policies, programs, and quantified objectives updates. The PlaceWorks team prepared a memo for the County to address environmental justice concerns for locally identified disadvantaged communities, as well as preparing an environmental addendum to the 2013 IS/ND.

PlaceWorks is also currently working with the County to update the Health and Safety Element in the County’s existing General Plan. This update builds resilience among Placer County community members, buildings, infrastructure systems, and other important community assets. The update responds to updated state requirements and incorporates recent County planning efforts, including the Placer County Sustainability Plan, the Community Wildfire Protection Plan, and the Lake Tahoe Climate Adaptation Action Portfolio, among others. The updated Health and Safety Element will provide a framework for more comprehensive protection against issues such as wildfire, drought, pandemics, and extreme temperatures, among others.

LIVERMORE GENERAL PLAN UPDATE, HOUSING ELEMENT UPDATE, AND EIR As part of the Comprehensive General Plan Update being led by PlaceWorks, the PlaceWorks Housing Team worked with
City staff, decision makers, and the community to update the 2023-2031 Housing Element. Key issues included
affirmatively furthering fair housing (AFFH), identifying sites to address the City’s RHNA and crafting feasible and proactive programs and actions to implement the Housing Element. The Housing Element update was completed in Winter 2023.

Reference
Shawna Purvines, Deputy Director,
County of Placer | 530.745.3031 |
[email protected]
Reference
Steve Stewart, Planning Manager,
City of Livermore | 925.960.4468 |
[email protected]
August 08, 2023 272
Figure 1 PlaceWorks’ Housing Element Experience
August 08, 2023 273
2023 – 2031 (6TH CYCLE) ALAMEDA HOUSING ELEMENT AND ON-CALL HOUSING

ASSISTANCE
On June 15, 2009, the City of Alameda received an eight-page list of issues based on its draft Housing Element that dated back to 2001 when the Housing Element was conditionally certified based on a lengthy list of conditions, including rezoning land from Alameda Point, the naval base that still has control of the property. As a result, the City’s Housing Element had not been certified since the early 1990s. PlaceWorks staff, while with a previous firm, were hired to assist the City with addressing HCD’s compliance letter. The team worked closely with the Planning Department to create an Affordable Housing Overlay that would allow development at 30 units an acre to meet the default density in the city. The Housing Element successfully achieved conditional certification within six months. PlaceWorks staff, while with a previous firm, assisted the City with Housing Element implementation and preparation for the 5th Cycle Housing Element update and currently provides on-call staffing assistance. PlaceWorks staff just assisted the City of Alameda with 6th Cycle compliance after one round of review.

SAN LUIS OBISPO COUNTY HOUSING ELEMENT UPDATE
The PlaceWorks Housing Team prepared the County of San
Luis Obispo 2020-2028 Housing Element. Amy Sinsheimer
was the Project Manager and Jennifer Gastelum was the
Project Director. The team’s work on the update included public workshops, an online survey, and hearings with the Planning Commission and Board of Supervisors. The updated document addressed the housing needs in the County and updates to State law along with analyzing sites to satisfy the City’s RHNA numbers. The team worked closely with County staff and adopted the Housing Element in time to meet the HCD deadline for adoption. The PlaceWorks team also prepared an analysis of accessory dwelling unit (ADU) affordability throughout the county that supported the County and other county jurisdictions’ ADU analysis in their Housing Element updates.

YUBA COUNTY HOUSING ELEMENT, SAFETY ELEMENT, AND DEVELOPMENT CODE UPDATE
PlaceWorks worked with Yuba County to prepare an update to the County’s Housing Element, Safety Element, and
Development Code. Spanning from the floor of the
Sacramento Valley to the peaks of the western Sierra Nevada, Reference
Airlin Singewald, Planning Manager,
County of San Luis Obispo |
805.781.5198 |
[email protected]
Reference
Andrew Thomas, Planning Director,
City of Alameda | 510.747.6805 |
[email protected]
Reference
Kevin Perkins, Assistant CDD, Yuba
County | 530.749.5470 |
[email protected]
August 08, 2023 274
Yuba County is faced with a range of public safety issues, including extreme temperatures, flooding, drought, and wildfire. The Safety Element update helped to address these issues by conducting an extensive vulnerability assessment of the effects of climate change on populations and assets in Yuba County, analyzing gaps in the current Safety Element in response to community needs and changes in State law, and developing new policies and mapping to address the identified challenges. The 6th cycle Housing Element update analyzed the areas suitable for housing and identified sufficient sites to address the RHNA assigned to the unincorporated county. It also evaluated programs needed to address housing needed through 2029. Updates made to the Development Code addressed state housing law and implemented some of the County’s Housing Element programs.

Approach
PlaceWorks understands that the City requests assistance in preparing its 6th-cycle Housing Element update for submission to HCD in accordance with state laws, regulations, and statutes since the last Housing Element adoption. The current Housing Element will serve as the foundation for the 2023-2031 Housing Element update.

This effort will include public outreach and coordination with HCD during the Housing Element update process. PlaceWorks will review the City’s existing Housing Element, work with City staff to identify key housing stakeholders, and provide public outreach services. We will also prepare the updated element using input from City staff and HCD as necessary to ensure compliance with recently passed state housing legislation and current state housing element law.

PlaceWorks will submit the updated Housing Element for HCD approval and attend City Council hearings for review and adoption. Our scope of work follows this approach and focuses on achieving state certification by early 2025. If possible, we hope to assist the City with achieving conditional approval of the Housing Element after the first round of HCD review to accelerate the schedule; however, it is far more typical in the last couple years for Housing Elements to need to go through two rounds of HCD review before receiving conditional approval. Therefore, we have included a schedule and scope of work that assumes two rounds of HCD review.

We are flexible regarding the proposed scope of work and will work with you to fine-tune any additional details when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project. We have extensive experience working with HCD— completing over 100 certified housing elements since 2008.

August 08, 2023 275
Work Program
This section describes the scope of services to be completed by PlaceWorks for the City of California City Housing Element Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project. We are flexible regarding the proposed scope of work and will work with you to fine tune the scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.

Task 1. Project Kick-off Meeting
PlaceWorks will prepare for and attend a virtual kick-off meeting to exchange information, refine the scope and schedule, and initiate work. At the meeting, we will:
• Determine staff contact protocol.
• Review and finalize the scope of work and schedule.
• Review Housing Element legal requirements.
• Identify stakeholders.
• Provide a list of data needs.

Task 1 Deliverables:
» Kick-off meeting agenda, data needs list, and meeting minutes (electronic copies).

Task 2. Project Management and Coordination
Task 2.1 Housing Element Project Management
PlaceWorks will communicate with City staff via phone and email throughout the project. In addition, PlaceWorks’ project team will:
• Lead Zoom check-in discussions once per month which will include one or two appropriate PlaceWorks team members.
• Provide an internet-based folder for all project materials accessible to the City and consultants. • Reallocate any remaining funds to other tasks within the scope when tasks are completed under budget.
• Send all draft documents through quality control in advance of submitting to the City for review.
• Act as a liaison to ensure successful communication and coordination with HCD over the course of the project.

August 08, 2023 276
Task 2.1 Deliverables:
» Once a month virtual meeting until the Administrative Draft Housing Element is prepared (8 meetings).
» Monthly virtual check-in meetings after the Administrative Draft Housing Element is complete until the draft is submitted to HCD for review (4 meetings). » Monthly progress reports that accompany the invoice.

Task 2.2 Safety Element Project Management
PlaceWorks will communicate with City staff via phone and email throughout the Safety Element portions of the project.

Task 2.2 Deliverables:
» Regular communication with City staff as needed.

Task 3. Community Outreach and Engagement
Focused and meaningful community engagement is an important part of the Housing Element update process. California Government Code Section 65583(c)(7) requires: “The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.” PlaceWorks recommends a community outreach program consistent with state and federal laws.

However, flexibility in community participation is essential. PlaceWorks will collaborate with City staff to adjust and customize our community involvement strategy during our initial kick-off meeting as needed. Our philosophy is to bring the most innovative, effective, and efficient approach to your project. We believe in an iterative process for community engagement that breeds robust and valuable results. We understand that unique situations require creative approaches, and we are always looking to revisit, revise, and improve as we collaborate with you on this process. PlaceWorks’ outreach strategy will include outreach activities throughout the Housing Element update process.

Task 3.1 Stakeholder Consultations
PlaceWorks has been conducting virtual stakeholder interviews with organizations representing different socioeconomic members of the community to identify housing needs. We have found these consultations to be a valuable way of getting targeted input. We will work with City staff to develop a list of 3 to 5 organizations, and we will conduct a phone or email survey to discuss the issues and housing-related needs of their clients.

Task 3.1 Deliverable:
» 3 to 5 completed consultations to be included in the Housing Element.

August 08, 2023 277
Task 3.2 Planning Commission and City Council Joint Study Session/Community Outreach Meeting (1)
One study session with the joint Planning Commission and City Council, that the community will be invited to attend at the start of the project to inform them of the new laws and the project schedule and to answer any questions at the beginning of the project.

Task 3.2 Deliverables:
» Information for the staff report, draft and final PowerPoint presentations for the meeting and in-person attendance one study session.
» Attendance by two PlaceWorks staff members at one in-person workshops where the public is invited to attend.
» Promotional flyer.
» PowerPoint presentation.
» Summary notes incorporated in the Housing Element.

Task 3.3 Planning Commission and City Council Hearings (4) We propose to attend four public hearings, two with the Planning Commission and two with the City Council. One meeting with the Commission and one with the Council would occur at the time the Public Draft Housing Element is first made available. The second two meetings with these bodies would occur at the time of Housing Element adoption.

Task 3.3 Deliverables:
» PlaceWorks will prepare draft and final PowerPoint presentations for each meeting along with media information for posting on the City website, and in-person attendance at four public hearings.
» We are assuming virtual attendance at these four meetings.

Task 4. Housing and Special Housing Needs
Task 4.1 Housing Needs Assessment
PlaceWorks will update the needs analysis pursuant to Government Code Section 65583 with data from the preapproved HCD data packet, U.S. Census data, American Community Survey, and other relevant sources. PlaceWorks will coordinate with staff to evaluate housing conditions using stateapproved criteria. The updated needs analysis will include the following. • Population and Demographics: Population trends and projections, race and ethnicity, and population age.
• Household Characteristics: Number, size, and type of existing households and characteristics of lower-income households (including extremely low).

August 08, 2023 278
• Employment and Income: Employment by industry, occupation of employed residents, and income trends.
• Housing Stock Characteristics: Housing types and conditions, overcrowded households, and vacancy rates.
• Housing Costs and Affordability: Home sale price trends, rental costs, affordability for households at all income levels, and overpayment.
• Special Housing Needs: Special housing needs of persons with disabilities (including persons with developmental disabilities), seniors, large households, and female-headed households. • At-Risk Housing: Inventory and analysis of existing affordable units at risk of converting to market rate during the planning period.
• Opportunities for Energy Conservation: Pursuant to Senate Bill (SB) 375 and AB 32, an inventory and analysis of opportunities to encourage the incorporation of energy-saving features, energy-saving materials, and energy-efficient systems and design for residential development.

Task 4.1 Deliverables:
» Housing Needs Assessment to be included in the Administrative Draft Housing Element.

Task 4.2 Affirmatively Furthering Fair Housing (AFFH) Assessment AB 686 requires each city or county to take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. The City will need to include an assessment of fair housing practices, examine the relationship of available sites to areas of high opportunity, and include actions to affirmatively advance fair housing. The California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Maps will be included as well as approved HCD maps that are intended to display the areas, according to research, that offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. The goal of AB 686 is to ensure available sites for low-income housing are in high-resource areas. It will be important to demonstrate adequate sites throughout the City and meaningful actions to overcome geographic disparities.

Task 4.2 Deliverables:
» AFFH Assessment to be included in the Administrative Draft Housing Element.

Task 5. Housing Constraints
PlaceWorks will update the analysis of potential and actual governmental and nongovernmental constraints to meeting housing needs, including constraints to maintenance, improvement, and development of housing (pursuant to California Government Code Section 65583(a)(4,5)).

Potential constraints to be reviewed include any land use controls, fees and exactions, permit processing procedures, building codes and code enforcement, land and construction costs, and the availability of financing. We will identify potential programs and strategies to reduce or remove August 08, 2023 279
identified constraints. This task will include all the analysis needed to comply with recent updates to state housing law.

Task 5 Deliverables:
» Included in the Administrative Draft Housing Element Constraints chapter.

Task 6. Review of Existing 2014-2022 Housing Element
PlaceWorks will work closely with the City to determine the status, effectiveness, and appropriateness of the previous housing programs. We will gather and document all available information regarding specific accomplishments. We will identify content to drop, change, or add.

Findings from the evaluation will be detailed in a matrix to be included in the draft Housing Element and used as a basis for program revisions for the remainder of the planning period. PlaceWorks will populate the first draft of this matrix with what has been written for the annual progress reports by staff and narrate that information into a response that will meet HCD’s expectations along with additional follow up questions for City staff to answer that will help to respond to HCD. We can then schedule a conference call with City staff to work on responding to all the accomplishments.

We will send the review matrix to the City to provide input before including it in the Administrative Draft Housing Element.

Task 6 Deliverables:
» Included in the Administrative Draft of the Review of Previous Housing Programs chapter.

Task 7. Sites Inventory
We assume that the City will be able to identify enough sites to meet the 6th-cycle Regional Housing Needs Assessment (RHNA) allocation. We will work with City staff to create an HCDapproved land inventory that includes current vacant sites.

Task 7.1 Housing Parcel Identification Analysis
PlaceWorks will build on the current sites inventory and work with the City to determine which sites are still viable RHNA sites. While the City’s RHNA for the 6th cycle Housing Element is 427 units which includes 64 units of high-density (30 units an acre) zoned land. The analysis of sites will be based on new state law requirements, including, but not limited to:
• Additional analysis for sites smaller than one-half acre and larger than 10 acres. • Additional analysis for underutilized sites.
• Identify sites included in the past two Housing Element cycles that are now required to allow 20 percent affordable housing by-right.
• Identify if sites are publicly owned.

August 08, 2023 280
• Indicate whether a site has available or planned and accessible infrastructure.

PlaceWorks will request GIS shapefiles with parcel level data from the City to help populate the land inventory. We will work with the City to identify sites to meet the RHNA. For this task, our approach is as follows:
• Incorporate the RHNA for the 2023-2031 cycle.
• Document potential sites. We will prepare an inventory, map, and analysis clearly illustrating the City’s capacity to accommodate the new RHNA. In keeping with state law, PlaceWorks will document the realistic development capacity of each site and will prepare a map showing all identified sites.
• Investigate alternative RHNA credits. This includes analyzing the capacity for alternative RHNA credits for accessory dwelling units (ADUs) and preservation of existing at-risk affordable housing projects.
• Ensure sites affirmatively further fair housing. We will analyze the sites identified in the inventory to ensure they are located throughout the community in a manner that affirmatively furthers fair housing.

Task 7.2 Infrastructure Analysis
PlaceWorks will work to determine if parcels in the inventory have sufficient water, sewer, and dry utilities available and accessible to support housing development. The analysis will include sufficient detail to determine whether the service levels of water delivery/treatment systems and sewer treatment facilities are sufficient and have capacity to accommodate development on sites identified to accommodate the RHNA.

Task 7.3 Financial and Programmatic Resources
PlaceWorks will update financial, physical, and programmatic resources available for affordable housing programs, including local and state funding programs and private-sector resources. We will assess current and potential housing programs to recommend future programs that will support the City’s housing objectives.

Task 7.4 Electronic Housing Element Site Inventory Form Pursuant to SB 6 (Chapter 667, Statutes of 2019), jurisdictions adopting a Housing Element on or after January 1, 2021, must prepare an electronic copy of the final inventory of parcels using HCDapproved Excel spreadsheets and must submit it to HCD with the Housing Element. PlaceWorks will prepare the electronic land inventory to submit to HCD upon adoption of the Housing Element.

August 08, 2023 281
Task 7 Deliverables:
» Sites chapter and financial and programmatic resources included in the Administrative Draft of the Housing Element.
» Site Inventory on HCD’s Electronic Inventory Form submitted to HCD with Adopted Housing Element.

Task 8. Housing Goals, Policies, Programs, and Quantified Objectives
PlaceWorks will work with City staff to update goals, policies, programs, and quantified objectives (pursuant to California Government Code Sections 65583 et seq.) to address identified housing needs and constraints based on the effectiveness and continued appropriateness of existing programs, information received through public outreach, the analysis of constraints, and findings from the needs assessment. Programs will describe specific steps for implementation and will identify a time frame and responsible department. Programs will address:
• New state requirements since adoption of the existing Housing Element. • Consistency and compliance with the rest of the City’s General Plan elements and community goals.
• Development controls and regulatory incentives.
• Housing opportunities for all residents, including seniors, those with disabilities, homeless persons, and other special-needs groups.
• Fair housing programs.
• Sources of affordable housing funding.
• Preservation and improvement of existing affordable housing. • Development of adequate housing and infrastructure to meet the needs of low- and moderate-income households, in keeping with the regional fair-share allocation. • Mitigation of governmental constraints to providing and improving housing.

Task 8 Deliverables:
» Administrative Draft of the Goals, Policies, Programs and Quantified Objectives chapter.

Task 9. Draft Housing Element
Task 9.1 Administrative Draft
PlaceWorks will incorporate the feedback received during the community meetings and stakeholder consultations into a comprehensive, formatted Administrative Draft Housing Element. PlaceWorks will submit the Administrative Draft Housing Element to City staff for August 08, 2023 282
review as an electronic copy in Microsoft Word along with a PDF of the combined Administrative Draft. Any outstanding data still needed from the City will be flagged so it can be addressed during City staff’s review. We request that we receive one consolidated set of City comments on the Administrative Draft.

Task 9.1 Deliverables:
» One electronic copy (in MS Word) along with a combined PDF of the Administrative Draft and one reproducible hardcopy of the Administrative Draft Housing Element.

Task 9.2 Public Review Draft
PlaceWorks will address staff comments on the Administrative Draft and reply to any questions.

We will incorporate comments and revisions from staff’s review of the Administrative Draft, as directed. PlaceWorks will then prepare and submit a Public Review Draft Housing Element to present at public hearings.

Task 9.2 Deliverables:
» One electronic copy (in MS Word) along with a combined PDF of the Public Draft and one reproducible hardcopy of the Public Review Draft Housing Element to be posted on the City’s website for 30 days at a minimum.

Task 9.3 HCD Review Draft
After the public draft has been available to the public for at least 30 days, PlaceWorks will address public comments received on the draft Housing Element (no more than four hours), summarize and incorporate them into the Public Review Draft, and prepare a second Public Review Draft for submittal to HCD for review.

Task 9.3 Deliverables:
» One electronic copy (PDF) and one hard copy of the HCD Review draft to send to HCD with a cover letter for their 90-day review.

Task 9.4 Second HCD Review Draft
PlaceWorks will work with City staff to address HCD’s comments and incorporate them into the third Public Review for posting on the City’s website for seven days and then for submittal to HCD for an additional 60-day review. PlaceWorks will send the 2nd draft Housing Element to HCD for their 60-day review.

Task 9.4 Deliverables:
» One electronic copy (PDF) and one hard copy of track changes of the HCD Review draft to send to HCD with a cover letter for their 60-day review.

August 08, 2023 283
Task 9.5 Final Adoption and Certification
PlaceWorks will prepare a final Housing Element that incorporates changes to the HCD Draft from City staff, HCD, or public comments. Following adoption of the Housing Element, PlaceWorks will submit the final Housing Element to HCD for final certification. The City will be responsible for submitting the Housing Element to the water/sewer districts and Office of Planning and Research.

Task 9.5 Deliverables:
» Electronic copies (PDF) and one hard copy of each version of the final draft to the City and to HCD with a cover letter for their 60-day certification review. One clean version and one showing all changes made will be included.
» The adopted Housing Element will have the date of adoption prominently displayed on the front cover.

Task 10. State Certification
PlaceWorks staff maintains strong working relationships with HCD reviewers. Our staff is very familiar with HCD’s processes, staff, and what steps need to be taken to ensure Housing Element certification.

PlaceWorks will serve as the City’s liaison to HCD. This service will include:
• Respond to comments on the first draft Housing Element from HCD (90-day initial review). • Respond to comments on the second draft Housing Element from HCD (60-day review). • City staff will be included in all calls and emails with HCD staff to discuss comments.

Task 10 Deliverables:
» Emails and memoranda to address HCD questions and comments, as needed. » Versions of the Housing Element with proposed revisions to the Housing Element resulting from HCD comments shown in a tracked-changes format for review and approval by City staff and subsequent posting to the City website during HCD review periods.
» Following certification of the Housing Element by HCD, PlaceWorks will provide one electronic copy in Word and one electronic copy in PDF.

Task 11. CEQA Compliance
The appropriate level of environmental analysis will depend on the extent of land use and policy change proposed in the Housing Element. This scope includes preparation of an initial study to help organize the substantial evidence needed to support the environmental conclusion. Depending on the results of the initial study, it may be possible for the City to approve the update using an Addendum to the previously prepared General Plan EIR. It may also be possible to prepare a Notice August 08, 2023 284
of Exemption. One option (either Addendum or Exemption) shall be selected in consultation with the City during the project.

Task 11.1a Addendum
As one option for addressing the environmental review requirement for the Housing Element, PlaceWorks can draft an addendum to the City’s General Plan EIR. The addendum will be prepared pursuant to CEQA Guidelines Section 15164. Because existing land use designations will not change, we do not believe that the update of policies would trigger new significant impacts. The use of an addendum significantly shortens the time period for consideration of the project.

PlaceWorks will provide an administrative draft addendum following a format discussed during the kickoff meeting. Our default format for an addendum follows the findings in CEQA Guidelines Section 15162. All impacts identified in the General Plan EIR will be reviewed in the context of the proposed changes. One administrative draft will be provided for City review. The final draft of the addendum will be used to support the CEQA determination during the hearing(s) for the proposed project.

Task 11.1(a) Deliverables:
» Administrative Draft Addendum, Final Addendum, Assistance with Resolution and Staff Report Language.

Task 11.1b Exemption
A second option for the environmental review of the Housing Element is to find the Housing Element update exempt from CEQA. Because the changes to the Housing Element are limited to procedural changes and updates to policies necessary to meet state requirements, there are no direct or indirect physical changes to the environment. The California Environmental Quality Act allows an agency to adopt an exemption for projects when it can be seen with certainty that there is no physical change to the environment. In this instance, the changes to the Housing Element are minor, and all future construction is subject to the existing regulations, ordinances, and laws that affect all construction.

Because there is no change to the environment, the commonsense exemption would apply. Section 15061(3) of the CEQA Guidelines states “The activity is covered by the commonsense exemption that CEQA applies only to projects which 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.” In this context, the local jurisdiction would determine that the proposed Housing Element is a project as defined by CEQA, but that there is no possibility that the project would result in a significant effect on the environment and therefore qualifies for the commonsense exemption. PlaceWorks would provide a short memorandum to accompany the exemption explaining the changes August 08, 2023 285
proposed in the Housing Element and why there would be no impact. The memorandum and the exemption would accompany the staff report at the adoption hearings for the project. One administrative draft and one final draft of the document will be prepared.

Task 11.1b Deliverables:
» Prepare a short memorandum to accompany the Exemption for the staff report, one Administrative Draft document, Final Draft document
» Approved documents will be submitted to the State Clearinghouse and Governor’s Office of Planning and Research (OPR).

Task 11.2 SB 18 and AB 52 Consultation
PlaceWorks will assist the City by completing the Native American Heritage Commission (NAHC) online form requesting a tribal contact list. Using the addresses on the list from NAHC, PlaceWorks will draft letters (for distribution on City letterhead) to each of the tribes on the NAHC list inquiring whether they want consultation. While not required for an Addendum, we recommend AB 52 notification to cover the rezoning activities. It is a small additional scope and cost but can help relieve issues later in the process. To comply with AB 52, letters will be prepared for any tribes who have requested consultation pursuant to AB 52.

As consultation for AB 52 and Section 21080.3.1 of CEQA is a government-to-government process, it must be initiated by the local governmental agency, and counties are usually represented at the consultation(s). PlaceWorks can facilitate and attend the consultation(s); however, the City must be represented. Pursuant to SB 18, tribes identified by NAHC will receive a written letter notifying them of the proposed project and asking if they wish to consult; tribes who notified the City under AB 52 will also be notified of the project and asked if they desire to consult in accordance with AB 52 and Sections 21080.3.1 and 21080.3.2 of CEQA. Following the consultation meeting (or conference call), PlaceWorks will provide the written outcome of the process and a record for the environmental documentation showing that AB 52 consultation has been completed. Completion of the AB 52 process is needed prior to circulation of the environmental document for public review. Completion of the SB 18 process is needed prior to acting on the project.

Task 11.2 Deliverables:
» Draft letter to NAHC; draft letters to identified tribes; facilitation, attendance, and documentation of requested consultations; and written results of consultation, including closure of AB 52 consultation. The City should have a list of Tribes who have requested consultation for projects as part of the AB-52 requirements. Our experience has been that the Tribes typically do not consult, or have a very brief consultation, for Housing Elements as there is no ground disturbance or entitlement process that requires monitoring. The SB-18 process is linked to the General Plan Amendment process and is a function of the NAHC list sent to the City upon request. Similar to the AB-52 process, we have not seen a high level of interest in consultation on the Housing August 08, 2023 286
Element, as it is policy based. As such, we assume 8-16 hours of total time for consultation. This includes requesting the NAHC and sending letters to the tribes listed, as well as sending the same letter to the AB-52 list. We assume 26 tribes will request consultation resulting in conference calls rather than in-person meetings given the policy focus of the project. Note that a representative from the City should be present during the consultations as they are government to government and consultants alone are often not enough to meet this requirement. PlaceWorks can take the lead on the consultation meeting if needed. The exact role and approach for PlaceWorks for the consultation would be discussed ahead of time. Note that AB-52 consultation is not required if an Addendum or Exemption is used; all other CEQA compliance methods require AB-52. SB-18 compliance is required because of the General Plan Amendment.

We additionally recommend that the consultation process be started as soon as possible to ensure that completion does not delay consideration of the project.

Task 12. Safety Element Review
PlaceWorks worked closely with the Governor’s Office of Emergency Services and the Governor’s Office of Planning and Research to prepare the Adaptation Planning Guide, which provides guidance to local governments on how to prepare climate vulnerability assessments and integrate climate change adaptation into general plans, consistent with SB 379. We have prepared dozens of safety elements and general plans in recent years that comply with SB 379 and other relevant State laws and have excellent working relationships with mandatory review agencies, including CAL FIRE.

State law requires local planning agencies to review, and, as necessary, to update, their Safety Elements upon each revision of the housing element or hazard mitigation plan, but not less than once every eight years to ensure consistency with State requirements (refer to California Government Code Section 65302(g)(6)). Updating the housing element triggers this requirement to review the City’s General Plan and assess its conformance with current requirements, specifically for safety elements, and if not, to update it as needed.

Task 12.1 Review Existing Safety Element
We propose to review the City’s General Plan for conformance with California Government Code Section 65302(g), as updated by SB 1241, 379, 1035, and 99, among others. We would review the existing General Plan, including the Public Safety, Natural Hazards, and Climate Change chapters and Technical Background Report to identify existing content that complies with State law and identify any gaps in the existing General Plan, including those created by recent changes to state legislation or emerging best practices. Following this review, PlaceWorks will prepare a memo that provides the results of our crosswalk review and recommendations, if any, for how the General Plan can be updated to conform with existing requirements for safety elements.

August 08, 2023 287
This review does not include an update of the existing Safety Element. Upon review of PlaceWorks’ recommendations for revisions to comply with the existing requirements for Safety Elements, if staff determines an update of the General Plan is needed, PlaceWorks can provide a tailored scope of work and budget for that work separately. We understand the City has limited resources and welcome the opportunity to collaborate with staff to identify streamlined and efficient options for an update of the general plan, if needed.

Task 12.1 Deliverables:
» Draft and final memo summarizing results of review, including identification of content and sections to be updated and the estimated extent of a safety element update.

August 08, 2023 288
Proposed Schedule
PlaceWorks proposed schedule for completion of the City of California City Housing Element Update is shown in Table 1. As shown in the schedule, we anticipate that the project can be completed by January 2025, we understand this is past the state deadline for the City and we will work with City staff to try and cut down the schedule where possible to get the City into compliance. As the graphic schedule in Table 1 is broken out by month.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the City of California City Housing Element we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
• We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates.
• We stay in close, regular contact with staff and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff with adequate time for editing and formatting into finished reports.

August 08, 2023 289
Table 1 Project Schedule
2025
Tasks August September October November December January February March April May June July August September October November December January Task 1. Project Kick-off
✓
Task 2. Project Management and Coordination
✓ ✓ ✓ ✓ ✓ ✓
Task 3. Community Outreach and Engagement

3.1. Stakeholder Consultations ✓ ✓ ✓

3.2. Community Meetings ✓ ✓

3.4. Planning Commission and Board of Supervisor Hearings ✓ ✓ ✓ Task 4. Housing and Special Housing Needs

4.1. Housing Needs Assessment
2023 2024

4.2. Affirmatively Furthering Fair Housing (AFFH) Assessment Task 5. Housing Constraints
Task 6. Review of the Previous 2015-2023 Housing Element Task 7. Sites Inventory

7.1 Housing Parcel Identification Analysis

7.2 Infrastructure Analysis

7.3 Financial and Programmatic Resources

7.4 Electronic Housing Element Site Inventory Form
Task 8. Housing Goals, Policies, Programs, and Quantified Objectives Task 9. Draft Housing Element and Public Hearings

9.1 Administrative Draft

9.2 Public Review Draft

9.3 HCD Review Draft

9.4 2nd HCD Review Draft

9.5 Final Adoption and Certification
Task 10. State Certification
✓ ✓
Task 11. CEQA Compliance

11.1 Addendum

11.2 Notice of Exemption

11.3 SB 18 and AB 52 Consultation
Task 12. Safety Element Review

12.1 Safety Element Review and Recommendations
PlaceWorks Preparation of Project Task
Staff Review of Work Products
Public Review
HCD Review
Meetings - Conference Calls or In-Person ✓
August 08, 2023 290
Cost Estimate
As shown in Table 2, the estimated cost to complete the scope of work described in this proposal is $183,790 (assuming an Addendum is the CEQA document option). If an Exemption is prepared, the estimated cost is $181,515.

We are flexible regarding project costs and hope that you will not eliminate us from consideration on the basis of cost alone.

The billing rates for each team member are included in Table 2. We have also included our standard fee schedule below.

PlaceWorks bills for its work on a time-and-materials basis with monthly invoices.

PlaceWorks – 2023 Standard Fee Schedule

STAFF LEVEL HOURLY BILL RATE
Principal $210-$335
Associate Principal $195-$275
Senior Associate II $170-$260
Senior Associate I $160-$215
Associate II $135-$190
Associate I $125-$175
Project Planner $105-$165
Planner $90-$145
Graphics Specialist $90-$155
Administrator $145-$200
Clerical/Word Processing/Technical Editor $45-$150
Intern $80-$115
Subconsultants are billed at cost plus 10%.

Mileage reimbursement rate is the standard IRS-approved rate.

Possible Yearly Increase of 5% on bill rates.

August 08, 2023 291
Assumptions
This scope of work and cost estimate assumes that:
• Our cost estimate includes the meetings shown in the Project Schedule. Additional meetings would be billed on a time-and-materials basis. At least one of the following staff will attend each meeting: Amy Sinsheimer, Cynthia Walsh, or Jenny Gastelum. • All products will be submitted to the City in electronic (PDF) format. • PlaceWorks will provide a data request to City staff at the time of the kickoff meeting with data/resources PlaceWorks requests assistance from City staff in locating. • City staff will be responsible for meeting logistics, including schedule coordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down.

August 08, 2023 292
Table 2 Cost Estimate
Gastelum Walsh Sinsheimer PlaceWorks Rogoff-Ezra Martinez Teague Hindmarsh Zimny Mendoza Mazur Seale Krispi Barker Principal-inChargeProject
Manager Outreach Associate Associate Project Planner Advisor Environmental Services Project
Planner
Project
Planner
Director of
GIS Principal Senior Associate Associate
Hourly Rate: $260 $205 $240 $160 $155 $125 $260 $235 $130 $130 $225 $250 $210 $155 $130 $135 $125 TASK 1. Project Kick-Off Meeting
2 6 6 6 20 $3,460 $3,460
Task 1. Subtotal 2 6 0 6 0 6 0 0 0 0 0 0 0 0 0 0 0 20 $3,460 $3,460 TASK 2. Project Management and Coordination
1 Housing Element Project Management 4 25 20 49 $9,365 $9,365 2 Safety Element Project Management 2 4 2 8 $1,650 $1,650 Task 2. Subtotal 4 25 0 20 0 0 0 0 0 0 0 2 4 2 0 0 0 57 $11,015 $11,015 TASK 3. Community Outreach and Engagement

3.1 Stakeholder Consultations 4 20 6 30 $4,770 $4,770

3.2 Study Session/Community Meetings (1) (in-person) 2 2 20 12 8 4 8 4 60 $11,090 $11,090

3.4 Planning Commission and Board of Supervisor Hearings (4) (virtua 4 28 8 8 4 52 $9,580 $9,580 Task 3. Subtotal 6 34 20 40 0 22 0 0 0 0 4 0 0 0 12 0 4 142 $25,440 $25,440 TASK 4. Housing and Special Housing Needs

4.1 Housing Needs Assessment 8 12 40 4 4 68 $9,580 $9,580

4.2 Affirmatively Furthering Fair Housing (AFFH) Assessment 4 26 50 16 4 8 108 $17,850 $17,850 Task 4. Subtotal 0 12 0 38 50 40 0 0 0 0 16 0 0 0 8 0 12 176 $27,430 $27,430 TASK 5. Housing Constraints
4 12 35 4 1 2 58 $8,535 $8,535
Task 5. Subtotal 0 4 0 12 0 35 0 0 0 0 4 0 1 2 0 0 0 58 $8,535 $8,535 TASK 6. Review of Existing 2019-2024 Housing Element
2 8 20 8 38 $5,190 $5,190
Task 6. Subtotal 0 2 0 8 0 20 0 0 0 0 0 0 0 0 0 0 8 38 $5,190 $5,190 TASK 7. Sites Inventory

7.1 Housing Parcel Identification Analysis 25 18 24 16 83 $14,605 $14,605

7.2 Infrastructure Analysis 8 14 22 $3,030 $3,030

7.3 Financial and Programmatic Resources 2 4 6 $820 $820

7.4 Electronic Housing Element Site Inventory Form 4 18 8 30 $4,070 $4,070 Task 7. Subtotal 0 29 0 28 0 60 0 0 0 0 16 0 0 0 0 0 8 141 $22,525 $22,525 TASK 8. Housing Goals, Policies, Programs, and Quantified Objectives 15 20 8 43 $7,275 $7,275
Task 8. Subtotal 0 15 0 20 0 8 0 0 0 0 0 0 0 0 0 0 0 43 $7,275 $7,275 TASK 9. Draft Housing Element

9.1 Administrative Draft 6 12 24 12 2 16 16 88 $13,780 $13,780

9.2 Public Review Draft 4 10 16 8 4 6 8 56 $9,360 $9,360

9.3 HCD Review Draft 2 10 8 2 4 6 32 $5,750 $5,750

9.4 Second HCD Review Draft 1 8 6 2 2 4 23 $4,060 $4,060

9.5 Final Adoption and Certification 2 4 1 1 4 12 $1,905 $1,905 Task 9. Subtotal 13 42 0 58 0 24 0 0 0 0 11 0 0 0 3 22 38 211 $34,855 $34,855 TASK 10. State Certification
8 24 36 8 16 8 100 $17,000 $17,000
Task 10. Subtotal 8 24 0 36 8 16 0 0 0 0 0 0 0 0 0 0 8 100 $17,000 $17,000 TASK 11. CEQA Compliance

11.1a Addendum 2 4 4 25 10 4 49 $7,440 $7,440

11.1b Exemption 1 2 4 20 5 2 34 $5,165 $5,165

11.2 SB 18 and AB 52 Consultation 1 2 4 4 11 $1,545 $1,545 Task 11. Subtotal 0 4 0 2 0 0 6 8 49 15 0 0 0 0 0 0 10 94 $14,150 $14,150 TASK 12. Safety Element
1 Safety Element Review and Recommendations 2 8 30 2 42 $7,080 $7,080 Task 12. Subtotal 0 0 0 0 0 0 0 0 0 0 0 2 8 30 0 0 2 42 $7,080 $7,080 Labor Hours Total 33 197 20 268 58 231 6 8 49 15 51 4 13 34 23 22 90 1122 Labor Dollars Total $8,580 $40,385 $4,800 $42,880 $8,990 $28,875 $1,560 $1,880 $6,370 $1,950 $11,475 $1,000 $2,730 $5,270 $2,990 $2,970 $11,250 $183,955 $183,955 PlaceWorks Percent of Total Labor 3% 18% 2% 24% 5% 21% 1% 1% 4% 1% 5% 0% 3% 2% 2% 8%

EXPENSES
PlaceWorks Reimbursable Expenses $5,000
EXPENSES TOTAL $5,000
OPTION A (TASK 11.1A) GRAND TOTAL $183,790
OPTION B (TASK 11.1B) GRAND TOTAL $181,515
GRAPHICS TECH.

EDITOR
WP/

CLERICAL

PLACEWORKS
Total Task Budget
PlaceWorks
Hours
PlaceWorks
Total
August 08, 2023 293
Acknowledgement
This proposal shall remain valid for 90 days from the date of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. Please contact me with any questions.

We look forward to your response.

Respectfully submitted,

PLACEWORKS
Jennifer Gastelum
Principal
August 08, 2023 294
ITEM NO. NB 6.

CITY COUNCIL AGENDA ITEM
August 8, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Reconsider New Home Start Fee Reduction

BACKGROUND/ DISCUSSION
During the July 25, 2023 City Council meeting, Mayor Kulikoff requested this item on the August 8, 2023 City Council meeting agenda.

The New Home Start fee reduction was extended for 5 years in the year 2021. Many economic factors affecting development have occurred since then. With the inland port in progress, Edwards Air Force Base and other surrounding areas in need of housing, it is critical that California City doesn’t wait on the sidelines. We must incentivize development to help grow California City’s population. This item is being brought back for reconsideration in order to determine if any adjustments need to be made to the fee reduction or the extension of time.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction.

ATTACHMENTS

CURRENT ESTIMATED FEES
LAST 2 YEARS OF NEW HOME STARTS
August 08, 2023 295
August 08, 2023 296
August 08, 2023 297
August 08, 2023 298
August 08, 2023 299
August 08, 2023 300
August 08, 2023 301
August 08, 2023 302
August 08, 2023 303
August 08, 2023 304
August 08, 2023 305
August 08, 2023 306
August 08, 2023 307
August 08, 2023 308
August 08, 2023 309
August 08, 2023 310
August 08, 2023 311
August 08, 2023 312
August 08, 2023 313
August 08, 2023 314

California City City CouncilAugust 8, 2023

California City City Council
August 8, 2023