Agenda — California City City Council, August 22, 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 22nd, 2023
CLOSED SESSION @ 4:00PM
REGULAR MEETING @ 5:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
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August 22, 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
• Finance
• Fire
• Police
• Public Works
• Treasurer

CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated August 12, 2023, August 13, 2023, and August 14, 2023. J.M.

Powers have requested that these correspondences be part of the official meeting records.

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

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

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for August 22, 2023 2
discussion.

PRESENTATION
P1. Core Compliance Quarterly Report – Jaimie Lewis

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 08/04/2023 through 08/17/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve Air Conditioner Repairs (Legends Apartments)– by Housing Manager, Nicole Simmons
CC 3. Approve Notice of Completion - Hacienda Blvd. Rehabilitation – from California City Blvd. to Eucalyptus Ave. – STPHIPL – 5399-(030) – by Public Works Director, Joe Barragan
CC 4. Approve Reward Money (Desiree Thompson) – by Police Chief, Jesse Hightower

CITY MANAGER REPORT
CM 1. Oral Report

CONTINUED BUSINESS
CB 1. Special Tax Discussion – by Mayor Pro Tem, Ronald Smith Recommendation
My recommendation is that Council moves from discussion to deliberation of a plan that we can direct Staff to implement. To request from Staff whatever data necessary data for clear direction of a plan well in advance of June 30, 2024.

NEW BUSINESS
NB 1. Amend and Adopt Resolution No. SA 08-23-2997 of the Successor Agency of the California Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS 23-24B) for the period January 1, 2024 – June 30, 2024. – by Acting City Manager, Inge Elmes
Recommendation
Staff recommends that the City Council adopt Resolution No. SA 08-23-2997 approving the Recognized Obligation Payment Schedule (ROPS 23-24B) for the period January 1, 2024 through June 30, 2024 for submittal to the Countywide Oversight Board. All ROPS are due to the Department of Finance by October 01, 2023.

NB 2. California City Professional Firefighters Association Memorandum of Understanding – by Acting City Manager, Inge Elmes
Recommendation
Staff recommends approving the Fire MOU agreement.

August 22, 2023 3
NB 3. Closed Session Compliance – by Mayor, Kelly Kulikoff Recommendation
As per City Council direction
NB 4. Reconsider Approval of Microbusinesses – by Mayor, Kelly Kulikoff Recommendation
As per City Council direction
NB 5. Reinstate Vision 360 – by Mayor, Kelly Kulikoff
Recommendation
As per City Council direction
NB 6. District Attorney Paperless Submission – by Police Chief, Jesse Hightower Recommendation
Council approve Staff to allow Sunridge Systems Inc to install the required programming for $6400 so that CCPD can start submitting their criminal cases via Prosecutor by Karpel.

NB 7. Air Conditioner Replacement – by Police Chief, Jesse Hightower Recommendation
Council approves the bid from ASAP Heating and Air for $11,900. This includes a one-year warranty on parts and labor and a 10-year warranty on all parts through the manufacturer.

NB 8. Activate Subdivision Deferred Improvement Advisory Committee – by Acting City Manager, Inge Elmes
Recommendation
Staff recommends that council approve the activation of the SDI Advisory Committee.

NB 9. Taser Replenishment – by Police Chief, Jesse Hightower Recommendation
Council approve Staff to purchase 15 Axon Tasers which includes holsters and cartridges.

COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.

ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk.

August 22, 2023 4
California City California City
Fund Balance @ 07.31.23 Fund Investment @ 07.31.23
Row Labels Fund Bal Row Labels Fund Bal
Airport ‐$1,227,351.27 * All ‐$16,920,510.58
Aspen $188,108.19 Cash Allocated to Other Funds ‐$16,920,510.58 DAR ‐$1,278,394.37 * All2 $16,920,510.58GF $11,067,098.58 * Accounts Rec Cash Clearing ‐$132.95 GF‐OHV G ‐$1,686,866.41 * Business License Cash Clearing ‐$730.75 GF‐OHV P $128,429.80 * Cannabis ‐ Bank of the Sierra $913,690.13GF‐PS FD $710,227.97 * Checking ‐ Bank of the Sierra $2,004,079.91 GF‐PS FD Prop 64 ‐$3,867.16 * Kern County Investment Pool $4,382,993.32GF‐PS PD ‐$1,421,313.61 * Local Agency Investment Fund $8,383,445.21 GF‐Str ‐$1,590,547.30 * Multi‐Bank Securities $1,235,280.38 GF‐TDS ‐$3,105,186.93 * Utilities Cash Clearing $1,885.33Housing ‐$496,649.47 Grand Total $0.00Restricted Funds2 $4,050,812.40SDI ‐$113,642.65Sewer $3,916,029.95Successor ‐$151,192.58Water $7,934,815.44Grand Total $16,920,510.58 $1,592,229.30 * Represents available general fund related cash balances as of report date M:\Monthly Financials\01‐July 2023\Fund Balance Recon 07.31.23 August 22, 2023 DR 5
July 2023 Monthly Report
Current Notable Events:

Currently recruiting for Code Enforcement Officer and Firefighter Paramedic.

PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:

Awaiting Official Notification of Award Modifying Grant Request per AQMD’s guidance and direction.

Medical Personal Protective
Equipment (FEMA)
Awarded Full Amount Requested In Order Fulfillment.

California Fire Foundation Awarded $15,000 wildland grant. In Procurement.

FEMA SAFER Grant-Quint/Ladder
Truck
Applied Awaiting Status
Kern County OES- EOC Mobile
Comm Equip.

Awarded Complete
Kern County OES- Radio
Augmentation
Awarded Awaiting Fulfillment
Prop 64- Cannabis Awarded Underway
Specialty Programs:
• Ultrasound Scans
o July: 0 Annual Total: 4
• Pet Chip Reader Scans
o July: 5 Annual Total: 17
• Sound the Alarm- Red Cross Smoke Detector Installs
o July: 0 Smoke Alarm Installs Annual Total: 0
• Narcan Leave Behind Program
o Annual Total: 0
Fire Prevention, Inspections, and Education:
• Regular business inspections underway.
• Cannabis Taskforce Inspections beginning.
• SB1205 State Mandated Inspections-Still underway.
• Plan Review, Construction Inspection, and acceptance testing requests are increasing.

August 22, 2023 6
Fleet Maintenance:
• Small vehicles are experiencing consistent mechanical issues and component failures due to age including Command Vehicle-repair needed, Patrol- Out of Service-new repairs needed, and Arson Unit- In Service. Code Enforcement Vehicle-Escape (still in repair-unknown ETA due to parts), F-150- in service. The frontline engine is performing well and has no immediate needs. The two reserve Type I Engines require heavy maintenance and repair, and the Type III wildland engine-in service. Small equipment is receiving regular maintenance. Some rescue equipment needs replacement.
2023 July Monthly Call Volume: 275 –(May be incomplete due to system issue) • Fires: 19
o Structure: 3
o Vehicle: 3
o Cooking: 1
o Vegetation/Trash: 10
o Other: 2
• EMS: 183
• Hazardous Condition (no fire): 1
• Service/Assist Calls: 8
• Good Intent Calls: 27
• Cancelled en route: 32
• False Calls: 5
July 2023 Simultaneous Calls: 0
2022 July Monthly Call Volume: 297
• Fires: 14
o Vegetation/Trash Fire: 13
o Fireworks Explosion (no fire): 1
• EMS: 213
• Hazardous Conditions: 7
• Service/Assist calls: 17
• Good Intent: 40
• False Alarms: 6
July 2022 Simultaneous Calls:42
August 22, 2023 7
Code Enforcement June 2023
Location Type Location Field Date From To
All All 06/01/2023 06/30/2023
Case Activity:

Total
New Cases 43
Closed Cases 47
Open Cases at start of period 131
Open Cases at end of period 127
Violation Activity
New Violations Cited
Tota
l
ABANDONED REFRIG/APPLIANCE 2
ABANDONED SHOPPING CART 1
ABANDONED/INOPERATIVE VEHICLES 1
ACCUM OF COMBUSTIBLE MATERIAL 4
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 4
ACCUMULATION OF COMBUSTIBLE VEGETATION 2
BUILDING WITHOUT PERMIT 4
Business Fire Inspection 2
Business License Check 3
Business License Renewal Needed 1
BUSINESS LICENSE VIOLATION 1
Cannabis Building, Planning, and Fire Final Approval 1
Cannabis Business Permit Required 1
Cannabis Certification from CM & BD 1
Cannabis Employee Permit 3
Cannabis facility emergency contact info. 1
Cannabis Facility stop work/ red tag 2
Cannabis Fees and Taxes - Failure to Pay 1
Cannabis odor control devices required 2
Cannabis Odor Industrial 2
Cannabis Odor Industrial-Unfounded Complaint 2
Cannabis Odor, illegal grow 1
Cannabis Records/ Metrc Tagging 2
August 22, 2023 8
CCMC 5-1.501 DANGEROUS BUILDING 1
Certificate of Occupancy Needed 1
Certificate of Occupancy Needed (Fire) 1
Clandestine Drug Lab 1
COLLECTION OF TRASH 2
Cooking During Construction 1
Dangerous Storage in Buildings (Fire) 1
DOG LICENSE REQUIRED 1
EASEMENT 3
Egress, Combustible Storage 2
Electric C1D2 Required Flammable Vapor Area 1
Electrical Equipment Workspace/ Clearances 1
Electrical Hazards/Unsafe Conditions 3
ENCROACHMENT 2
Exit blocked 2
Exit obstructed/ Means of Egress Continuity 1
Exit Path, Protruding Objects 2
Exit Sign Illumination 1
Exit Width and Capacity 1
EXTENSION CORDS 4
Extraction in A,E,I,or R Occupancies Prohibited 1
Extraction not CBC compliant/ Construction (Fire) 1
Extraction Permit Required (Fire) 1
Extraction, 20-B Extinguisher Required 1
Extraction, must use Approved Equipment 1
Extraction, ventilation system required 1
FENCING VIOLATION 2
Fire Access Road - Turnaround required 1
Fire Access Road Not Maintained 3
Fire access road, all weather surface required 1
Fire Extinguisher Requirements 2
Hazardous Materials Management Plans 1
Health & Safety (Septic Tank Overflow) 1
High Piled Combustible Storage Not permitted 1
Illegal Cannabis Cultivation 1
Illegal Dumping 1
ILLEGAL HOME BUSINESS 1
ILLEGAL STORAGE OF INOP VEHICLE 2
Industrial Zoning Requirements 1
IPMC 404.4.4 Uninhabitable sleeping space 1
August 22, 2023 9
Code Enforcement July 2023
Location Type Location Field Date From To
All All 07/01/2023 07/31/2023
Case Activity:

Total
New Cases 43
Closed Cases 27
Open Cases at start of period 128
Open Cases at end of period 144
Violation Activity
New Violations Cited Total
ABANDONED REFRIG/APPLIANCE 8
ABANDONED/INOPERATIVE VEHICLES 10
IPMC 704.6.1.2 Smoke alarms, sleeping areas 1
Knox Box Needed 1
LEASH LAW 1
LIVING IN RECREATIONAL VEHICLE 3
NO BUSINESS LICENSE 3
NO POSTED BUSINESS LICENSE 2
PREMISES IDENTIFICATION 1
PROHIBITED STORAGE IN YARDS 1
PROHIBITED STORAGE OF GARBAGE 1
PUBLIC NUISANCE (property maintenance) 1
Red Tagged 1
RUBBISH 6
Safety Data Sheets Required 1
SHOPPING CART REMOVAL 1
Signs, Hazard Identification Required 1
Smoke Alarms Required CFC 1
Smoke detectors required CBC 1
Sprinklers Required, F-1 1
SUBSTANDARD HOUSING 4
TRASH CANS LEFT OUT 1
UNLAWFUL STORAGE OF RUBBISH 1
Yard Sale Permit Issued 28
Totals 163
August 22, 2023 10
ACCUM OF COMBUSTIBLE MATERIAL 9
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 19
ACCUMULATION OF COMBUSTIBLE VEGETATION 3
ANIMAL ABUSE/NEGLECT 1
2 ANIMALS 1
Business Fire Inspection 1
Business License Check 2
Cannabis Building, Planning, and Fire Final Approval 1
Cannabis City Business License Required 2
Cannabis Employee Permit 1
Cannabis Fees and Taxes - Failure to Pay 2
Cannabis odor control devices required 1
COLLECTION OF TRASH 1
Dangerous Building 1
DOG LICENSE REQUIRED 1
EASEMENT 4
Egress, Combustible Storage 1
Electrical Equipment Workspace/ Clearances 2
Electrical Hazards/Unsafe Conditions 1
Electrical Requirements CFC 1
ENCROACHMENT 8
Exit obstructed/ Means of Egress Continuity 1
EXTENSION CORDS 1
FAIL TO MAINTAIN LANDSCAPING 1
FAIL TO MAINTAIN VACANT PROPERTY 1
FENCING VIOLATION 3
Fire Extinguisher Requirements 1
FIRE HAZARDS 1
Fire Hydrants- Obstructed 1
Fire Inspection 2
Illegal Cannabis Cultivation 1
ILLEGAL DISPOSE OF SEWER 1
Illegal Dumping 6
ILLEGAL DUMPING OF HAZARD WASTE 1
Illegal Home Based Business 1
ILLEGAL PARKING 1
ILLEGAL STORAGE OF INOP VEHICLE 1
Knox Box Keys Changed/ Not Current 1
Knox Box Needed 3
August 22, 2023 11
LIVING IN RECREATIONAL VEHICLE 3
Maintain/test fire sprinkler system 1
MUST HAVE TRASH SERVICE 1
NO BUSINESS LICENSE 1
NUISANCE OR EXCESSIVE ANIMALS 4
Open Electrical Terminations 1
PATROL CHECK 1
POSTING OF BUSINESS LICENSE 2
PREMISES IDENTIFICATION 4
PROHIBITED STORAGE IN YARDS 1
PUBLIC NUISANCE (Building safety) 1
PUBLIC NUISANCE (property maintenance) 1
RUBBISH 5
Safety Data Sheets Required 1
STANDING WATER 1
SUBSTANDARD HOUSING 3
Substandard Housing Water Issues 1
Temporary Power/Extension Cord 1
Trash Bin Compliance Check 1
Trash Can Lids 2
TRASH CANS LEFT OUT 3
TRASH COLLECTION 1
UNLAWFUL STORAGE IN YARDS 4
UNLAWFUL STORAGE OF RUBBISH 3
Unlawful temporary property use. (Activity or business on a vacant lot) 2

UNPERMITTED YARD SALE
UNSECURE VACANT BUILDING 2
VAC-REG PROP MUST BE MAINTAINED 1
Yard Sale Permit Issued 3
Totals 167
August 22, 2023 12
43 36 32
33 28
0 10
20 30
40 50
2019 2020 2021 2022 2023
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2017 - 2023
July Part 1 Crimes - as of 8/14/2023
0 0 0 0 0
2019 2020 2021 2022 2023

MURDER-JULY
22 24
11 13
22 2019 2020 2021 2022 2023

TOTAL PROPERTY

CRIMES - JULY
21 12
17 20
6 2019 2020 2021 2022 2023

TOTAL VIOLENT

CRIMES - JULY
JULY 2023 Stats

JUNE 2023 vs JULY 2023 Down by 39%
Part 1 Crimes June 2023 – 39
Part 1 Crimes July 2023 – 28
August 22, 2023 13
0 0 1 8 1 10 12
7 0
JUNE 2023
PART 1 CRIMES BY
AREA
0 0 0 5 1
7 10
5 0
JULY 2023
PART 1 CRIMES BY AREA

JULY 2023 – PATROL STATISTICS
Total Incidents (July): 1887 Total Arrests (July): 57 Felony Arrests: 22 Misd. Arrests: 35 Total Incidents (2023): 11783 Total Arrests (2023): 339 Felony Arrests: 135 Misd. Arrests: 204 Calls for Service (July): 1414 Calls for Service (2023): 8649 Citations Issued (July): 57 Citations Issued (2023): 479 • California City Animal Shelter’s new Animal Control Officer, Brian Smith, is introduced to the city. • A documentary was presented by Police Department with some history on California City. • CCPD, along with Allied Agencies conducted an AB109 sweep in California City and during the operation 14 arrests were made.
• Officer Hansen, was presented with the Livesaving Award by Chief Hightower, along with three members of the Fire Department. His quick response prevented a 9-month old girl from drowning. • Getting to know our Police Department Officers and Professional staff with 20 questions asked by Chief Hightower.

August 22, 2023 14
California City Animal Shelter
July 2023 Totals

Fact Jul-23 Jul-22
Total Animals in 49 66
Adoptions 21 27
To Rescue Centers 4 19
Canvassed 14 82
Warnings Given 15 29
Return to Owner 9 10
Euthanized 0 0
Licenses Issued 20 37
Citations Issued 1 2
DOA 4 1
Dog Bites 0 5
Farm Animal Pig 0 0
Escaped 0 0
Owner Surrendered 0 5
Abandoned No Data Collected 0
Dumped No Data Collected No Data Collected
Calls PD/Shelter 58 73
August 22, 2023 15
Donation Funds Balance
FY 2018-19 $3,800.00
FY 2019-20 $2,895.84
FY 2020-21 $1,280.92
FY 2021-22 $1,977.41
FY 2022-23 $2,363.15
Total: $12,317.32**
**Updated through 8/15/23
49 21
4 14
15 9
0 20
1 4
0 0
0 0
0 0
58 66
27 19
82 29
10 0
37 2
1 5
0 0
5 0
0 73
0 10 20 30 40 50 60 70 80 90

TOTAL ANIMALS IN

ADOPTIONS

TO RESCUE CENTERS

CANVASSED

WARNINGS GIVEN

RETURN TO OWNER

EUTHANIZED

LICENSES ISSUED

CITATIONS ISSUED
DOA

DOG BITES

FARM ANIMAL PIG

ESCAPED

OWNER SURRENDERED

ABANDONED
DUMPED

CALLS PD/SHELTER
California City Animal Shelter Stats
Jul-22 Jul-23
August 22, 2023 16
Public Works Monthly Council Report
July 31, 2023
Desert Clean Up Crew FY Total July Total
Total Work Orders: 52 52
Closed Work Orders: 52 52
Open Work Orders: 0 0
Dial-A-Ride FY Total July Total
Regular Fares $ 311.00 $ 311.00
Seniors/Disabled/Children $ 410.00 $ 410.00
Desert Jade $ 13.50 $ 13.50
Total Fares $ 734.50 $ 734.50
Number of Riders 612 612
Number of Operating Days 18 18
Facilities FY Total July Total
Total Work Orders: 230 230
Closed Work Orders: 230 230
Open Work Orders: 0 0
Grounds FY Total July Total
Total Work Orders: 12 12
Closed Work Orders: 12 12
Open Work Orders: 0 0
Street Department FY Total July Total
Total Work Orders: 93 93
Closed Work Orders: 93 93
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 658 658
Pot Hole Repair(s) p.h.: 422 422
Water Department FY Total July Total
Total Work Orders: 126 126
Closed Work Orders: 126 126
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 0 0
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 0 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 7 7
Standby Callouts: 33 33
Citizen Complaints: 15 15
*Information found in this report is based on the following dates:
*Monthly* July 1, 2023 through July 31, 2023.
* Fiscal Year* July 1, 2023 through June 30, 2024
August 22, 2023 17
BHT Engineering, Inc.

UPDATED: 8/16/2023

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 completed 07/07/23. Project Acceptance at
8/22/23 Council Meeting
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 September 05, 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. Project awarded to Cen-Cal Construction. Construction to begin September
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. Coordination with utility companys 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. Bid opening August 23, 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. Currently preparing break down cost estimates of construction phases
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
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
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 22, 2023 18
BHT Engineering, Inc.
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 September 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 September 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 submited to Kern COG on 07/12/23 17 23405 5/24/2023 2023 CMAQ Call for Projects Cal City Blvd. - Shoulders from Baron Blvd. to Maverick Ave. Application submited to Kern COG on 07/12/23 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. LAMP annual report completed.
21 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.

Project design in progress expected completion October 2023 22 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).

Formal bidding process.

Project design in progress expected completion November 2023
23 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Project design in progress expected completion November 2023
24 23412 7/27/2023 Splash Pad Skating Park
project
Prepare consruction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Project design in progress expected completion January 2024 25 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: 8/16/2023

Page 2 ends

August 22, 2023 19
Balance on Net Balance on Percent
6/30/2023 Transactions 7/31/2023 of Total
Bank of the Sierra -- General Checking $ 2,085,025 $ (552,820) $ 1,532,205 9.24% Bank of the Sierra -- Cannibas Checking $ 599,701 $ 45,774 $ 645,475 3.89% Sub-Total Operating Accounts $ 2,684,726 $ (507,046) $ 2,177,680 Balance on Net Balance on Percent
6/30/2023 Transactions 7/31/2023 of Total
Local Agency Investment Fund (122) $ 12,351,902 $ (3,643,875) $ 8,708,027 52.51% Kern County Investment Fund (20202) $ 4,455,863 $ 18,571 $ 4,474,434 26.98% Multi-Bank Securities (CD Manager) $ 726,928 $ 497,500 $ 1,224,428 7.38% Sub-Total Investment Accounts $ 17,534,693 $ (3,127,804) $ 14,406,889 Total City Operating Funds $ 20,219,419 $ (3,634,849) $ 16,584,569 100.00% Checking & CD Accounts 6/30/2023 Net Transactions 7/31/2023 Housing Corp. -- Bank of the Sierra, Checking $ 1,889,066 $ 67,543 $ 1,956,608 89.28% Housing Corp. -- Bank of the Sierra, CD 7653 $ 103,938 $ 425 $ 104,363 4.76% Housing Corp. -- Bank of the Sierra, CD 7654 $ 130,007 $ 532 $ 130,539 5.96% Total Housing Corporation Funds $ 2,123,010 $ 68,500 $ 2,191,510 100.00% Checking & CD Investment Accounts 6/30/2023 Net Transactions 7/31/2023 SDI -- Bank of the Sierra, Checking $ 542,155 $ 1,023 $ 543,177 0.65% SDI -- Bank of the Sierra CD $ 250,000 $ - $ 250,000 0.30% SDI -- US Bank Investments *$ 82,644,266 $ 310,991 $ 82,955,256 99.05% Total SDI Agency Funds $ 83,436,420 $ 312,014 $ 83,748,434 100.00% Checking & Investment Accounts 6/30/2023 Net Transactions 7/31/2023 Successor -- Bank of the Sierra, Checking $ 645,460 $ 7,500 $ 652,960 43.10% RDA/Successor -- US Bank Investments $ 862,083 $ - $ 862,083 56.90% Total Successor Agency Funds $ 1,507,543 $ 7,500 $ 1,515,043 100.00% California City, California 93505

TREASURER'S MONTHLY REPORT OF INVESTMENT
July 2023
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.

The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.

General Operating Accounts
General Investment Accounts
Restricted Housing Corporation Accounts
Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.

Restricted RDA/Successor Agency Accounts
1 of 2
August 22, 2023 20

INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 6/30/2023 7/31/2023
Beginning Market Value 83,202,797 82,644,266
Ending Market Value 82,644,266 82,955,256
Investment Results (558,531) 310,991
6/30/2023 7/31/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
6/30/2023 7/31/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
6/30/2023 7/31/2023
Beginning Market Value 0 0
Ending Market Value 0 0
Investment Results - -
6/30/2023 7/31/2023
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
Investment Results - -
Total RDA/Successor Investment Assets 862,083 862,083
Total "US Bank" Investment Assets 83,506,349 83,817,339 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE

TREASURER'S MONTHLY REPORT OF INVESTMENT
July 2023
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.

US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL 2 of 2
August 22, 2023 21
LC
August 22, 2023 22
August 22, 2023 23
August 22, 2023 24
August 22, 2023 25
August 22, 2023 26
August 22, 2023 27
August 22, 2023 28
August 22, 2023 29
August 22, 2023 30

CANNABIS

COMPLIANCE
Report of Activities
Written By (760) 338-8010
[email protected]
City of California City
Jaimie Lewis, MPA
Principal Consultant
- April 1, 2023-July 31, 2023 -
For the Period of
P 1.

August 22, 2023 31
Commercial Cannabis
Site Inspections
Programatic Audit
(permits & licensing)
Excise Tax and Fee
Audit (financial liability
determination)

1. 2.

3. Cannabis Compliance
Core Compliance has been
performing cannabis compliance
efforts for CA City since February 1,
2023. This report is reflective of
the first six months of consistent
effort to enforce the City's
Municipal Code as it relates to
commercial cannabis and focuses
on efforts during the fiscal year's
4th quarter.

QUARTERLY
UPDATE
Core Compliance's
3 Step Approach to
Compliance
April-July 2023
Report on Activities
Whole Greens California City,
Non Store Front Delivery
August 22, 2023 32

FOURTH QUARTER NOTABLE FINDINGS
By assessing State licensee records, evaluating City reports, and reviewing books and records provided by operators,
the following data is now available for City use:

The City of California City has 70 Active
State licenses.

All operations have been instructed to
obtain a business license. Most do not
have one.

Coyote Park, CA City Cultivator
There have been significant business
closures over the last two years which
presents an unclear picture when
comparing licenses to active
operations.

The State Licensing Dept's have
renewed licenses without confirming
local compliance in the past. This was
rectified effective February 2023.

August 22, 2023 33
Inaccurate square footage
calculation
Deducting discounts, etc
from gross receipts
Lack of Knowledge about
compliance requirements
Avoidance of additional fees
and taxes due to state of the
industry

UNDER REPORTED

EXCISE TAXES

1. 2.

3. 4.

Audit Findings Notable Themes
Failed to renew local
operating permit annually
Was misinformed by previous
administrations that no
business license is required
State regulatory authorities
renewed State license
without confirming local
compliance

REGULATORY

COMPLIANCE

FAILURES

1. 2.

3. August 22, 2023 34
City Staff have initiated a permit fee recovery
effort to ensure all operators are aware of the
requirement to renew their operating permit.

This has resulted in an influx of permit fee
revenue over the last quarter. In addition to
this, Auditors are including permit fee
assessments during the compliance audit.

Those who fail to renew or obtain an
operating permit will be referred for
revocation action at the State level.

ANNUAL PERMIT

RENEWALS

CANOPY SPACE

CALCULATION
Several cultivation audits have
identified under reporting or
inaccurate lighting reporting.

Taxes and penalties have been
assessed and are pending
payment.

August 22, 2023 35
With the City's intensified effort to
increase interdepartmental
collaboration to get 100%
compliance, It is anticipated that
all active operators will have a valid
State license and a local operating
permit by December 31, 2023. If not
compliant by this date, licensees
will receive a cease and desist order
and revocation action will be
recommended at the state level.

This effort has already begun
thanks to the current
administrations leadership.

Completed
Inspections

ON THE HORIZON
ACTIVITIES TO DATE:
60 Completed
Audits 29
196,008

CULTIVATION

QUARE FEET

MEASURED BY

INSPECTION
TEAM
August 22, 2023 36

RELEVANT MUNICIPAL CODE SECTIONS

SUPPORTING THESE EFFORTS
SEC. 3-2.1.409. -

FAILURE TO COLLECT
AND REPORT TAXES:

DETERMINATIONS BY
TAX ADMINISTRATOR.

SEC. 5-6.1405. -

INSPECTION AND
ENFORCEMENT.

SEC. 5-6.301. -

CANNABIS BUSINESS

PERMIT REQUIRED TO

ENGAGE IN
CANNABIS BUSINESS.

SEC. 5-6.503. -

REVOCATION OF
PERMITS.

SEC. 5-6.504. -

RENEWAL
APPLICATIONS.

SEC. 3-2.8.060. -

REPORTING AND

REMITTANCE OF TAX
SEC. 3-2.8.140. -

ADMINISTRATION OF
THE TAX.

SEC. 3-2.8.160. -
ENFORCEMENT—
ACTION TO COLLECT.

SEC. 3-2.8.190. -

AUDIT AND

EXAMINATION OF

PREMISES AND
RECORDS.

SEC. 3-2.8.230. -
FAILURE TO REPORT—

NONPAYMENT,
FRAUD.

Inspections &
Permits
Audits & Liability
Determinations
E-Farms, CA City Distributor
August 22, 2023 37

CANNABIS COMPLIANCE

CHALLENGES
State has issued
Licenses before
confirming a local
permit has been
approved
Determining an
Operators Actual
Start Date
Operators are
maintaining State
licenses and have
been confirmed
non-operative
Contact and
ownership
modifications that
have not been
communicated to
the City/State Operators are
going out of
business due to
challenging
conditions in the
cannabis
marketplace
August 22, 2023 38
Business License
Fees ($125 each)
Cannabis Permit
Renewals ($9,445)
$1,250
$113,340

CULTIVATION TAX

NON-CULTIVATION TAX

PENALTY & INTEREST

EXCISE TAX
AUDITS
FY22/23 Cannabis Compliance
Auditor Identified Liabilities
29 Total Licenses Audited To Date
$178,275
$66,115
$148,880
August 22, 2023 39
Airtable is being used to manage operator data in addition to existing City assets. We've reconciled state and local records, photos and inspection records, audit files and share data with the City through Airtable. All applicable departments now have access to this database that is updated on an actual basis, including a monthly assessment of changes reflected at the State level. To date, this has been the only true method of reconciling State data with local data.

Interdepartmental
Collaboration
Fire &
Sheriff
Planning
B&S
Cannabis
Compliance Finance
Dept of Cannabis
Control
CA City
Weekly Wednesday
cannabis meetings led by
City Manager have
effectively established the
open communication and
real time pursuance of
compliance within the
cannabis community
August 22, 2023 40
Audits Permit Renewals Inspections
Month 1 Month 2 Month 3 Month 4 Month 5 Month 6
25 20
15 10
5 0

MONTHLY MILESTONES
Core Compliance has met its 6 month goal as presented
last quarter. With inspections nearly complete and a total of 29 audits completed, we are ahead of schedule.

August 22, 2023 41

CANNABIS

COMPLIANCE

CONTACT

INFORMATION
[email protected]
Phone: (760)338-8010
August 22, 2023 42
August
CC 1.
22, 2023 43
August 22, 2023 44
August 22, 2023 45
August 22, 2023 46
California City Check Register - City Council Meeting Page: 5 Check Issue Dates: 8/4/2023 - 8/17/2023 Aug 17, 2023 11:39AM Check Date Check # Payee Description Invoice Date Invoice # Invoice $ Check $ GL Account GL Account Name Total 112946: 618.47
08/17/2023 112947 LC Action Police Supply, 9mm Glock 08/02/2023 455173 520.68 520.68 194222451 Armory/Safety Equi Total 112947: 520.68
08/17/2023 112948 Lyles Utility Constructio 06/01-06/30/23 Sect 21 Water M 07/07/2023 42.2169.004 461,063.60 461,063.60 957005752 Section 21 Main Lin Total 112948: 461,063.60
08/17/2023 112949 Mojave Public Utility Dis 07/01-07/31/23 07/31/2023 006090-000 07 3,739.21 3,739.21 515115604 Purchase Water Total 112949: 3,739.21
08/17/2023 112950 Myers, Vella P Notary 06/05/2023 463040 30.00 30.00 104155311 Legal Services Total 112950: 30.00
08/17/2023 112951 ODP Business Solutions Office Supplies 06/06/2023 315164869001 86.59 86.59 194222241 Office Supplies 08/17/2023 112951 ODP Business Solutions Office Supplies 06/07/2023 316547812001 14.06 14.06 194222241 Office Supplies 08/17/2023 112951 ODP Business Solutions Office Supplies 06/07/2023 316548106001 7.35 7.35 194222241 Office Supplies 08/17/2023 112951 ODP Business Solutions Custodial Supplies 06/08/2023 316548106002 35.48 35.48 194222270 Bldg Operation/Mai 08/17/2023 112951 ODP Business Solutions Custodial Supplies 08/03/2023 323815280001 128.50 128.50 194222270 Bldg Operation/Mai 08/17/2023 112951 ODP Business Solutions Office Supplies 08/02/2023 325032805001 185.17 185.17 194222241 Office Supplies 08/17/2023 112951 ODP Business Solutions Office Supplies 08/01/2023 325368844001 75.75 75.75 194222270 Bldg Operation/Mai Total 112951: 532.90
08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22843 168.00 168.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22844 2,867.95 2,867.95 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22845 2,584.50 2,584.50 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22846 4,608.00 4,608.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22847 13,869.00 13,869.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22848 405.00 405.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22849 10,783.50 10,783.50 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22850 11,206.50 11,206.50 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22851 8,838.00 8,838.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22852 6,693.00 6,693.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22853 2,362.50 2,362.50 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22854 18,993.00 18,993.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22855 3,705.00 3,705.00 104155311 Legal Services 08/17/2023 112952 Olivarez Madruga Law O 07/01-07/31/23 07/31/2023 22856 10,110.00 10,110.00 104155311 Legal Services August 22, 2023 47
August 22, 2023 48
August 22, 2023 49
August 22, 2023 50
August 22, 2023 51
August 22, 2023 52
August 22, 2023 53
August 22, 2023 54
August 22, 2023 55
August 22, 2023 56
August 22, 2023 57
August 22, 2023 58
August 22, 2023 59
August 22, 2023 60
August 22, 2023 61
CC 2.

August 22, 2023 62
August 22, 2023 63
August 22, 2023 64

CITY COUNCIL
Consent Agenda Item:

August 22, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: NOTICE OF COMPLETION - Hacienda Blvd. Rehabilitation – from California City Blvd. to Eucalyptus Ave. – STPHIPL – 5399-(030)
…………………………………………………………………………………………………
Background:

This is a Notice of Completion for the work under contract agreement with Burtch Construction for the Hacienda Blvd. Rehabilitation – from California City Blvd. to Eucalyptus Ave. – STPHIPL – 5399-(030). The work included: Reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over cement treated sub base; construction of ADA ramps; installing and removing traffic stripes, pavement markings, and roadside signs.

The City Council awarded the Contract to Burtch Construction in the amount of $649,559.00. The final project construction cost with quantity adjustments and one change order is $621,738.04.

There was one change order, which was a payment deduction in the amount of $1,471.00; per Contract specifications: The City shall pay for all initial compaction testing, all costs incurred for any additional testing due to failed tests shall be the responsibility of the Contractor.

It shall be noted that this project was awarded on September 27, 2022, and it had a 30-working day time period with an initial completion date of December 08, 2022, yet the project was suspended a total of 145 days due to low temperatures for paving activities. It is desirable that low temperatures be around 47 degrees, for paving activities. Additionally, there were scheduling issues both by the contractor and the construction management firm that forced the project to be suspended until June 20, 2023, when the project construction re-started.

The Engineering Department has inspected the work and confirmed to Public Works that the work is in conformance with the plans and specifications as of July 07, 2023.

Recommendation:

Motion to accept the completed work by Burtch Construction for the Hacienda Blvd. Rehabilitation – from California City Blvd. to Eucalyptus Ave. – STPHIPL – 5399-(030), and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder. Staff further recommends the release of the 5% retention to the Contractor after 30 days pending claims or liens filed during this period.

Fiscal impact:

Funding: Federal Match (RSTP): 61.12% $ 380,000.00
Local Match: 38.88% $ 241,738.04
Environmental action: None.

Attachments: Notice of Acceptance
Notice of Completion
August 22, 2023
CC
65 3.

CITY HALL
21000 Hacienda Blvd.

California City, CA 93505
_______________________________________
760-373-8661
www.californiacity-ca.gov

NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the Public Works Director, City of California City, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.

The information pertinent to this Notice is as follows:

1. Owner: City of California City

2. Contractor: Burtch Construction

3. Engineer of Record: Juan M. Pantoja, P.E.

4. Surety of Faithful Performance
and Labor and Material Bond: Travelers Casualty and Surety Company of America

5. Contract For: Hacienda Blvd. Rehabilitation
California City Blvd. To Eucalyptus Ave.

STPHIPL – 5399-(030)

6. Date of Contract: September 27, 2022

7. Date of Completion: July 07, 2023
I, Joe D. Barragan, hereby declare under penalty of perjury that the foregoing is true and the provisions of the contract have been met and are accepted on July 07, 2023.

Joe D. Barragan, MBA, CBO
Public Works Director
August 22, 2023 66
Recording Requested By:

FBO

CITY OF CALIFORNIA CITY
When Recorded Mail to:

City of California City
21000 Hacienda Blvd.

California City, CA 93505

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of California City

3. The FULL ADDRESS of the OWNER is 21000 Hacienda Blvd. California City, CA 93505

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED July 07, 2023

8. The work of improvement completed is described as follows: Hacienda Blvd. Rehab. – California City Blvd. to Eucalyptus Ave.

STPHIPL – 5399-(030)

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Burtch Construction

10. The street address of said property is: Hacienda Blvd. from California City Blvd. to Eucalyptus Ave

11. The property on which said work of improvement was completed is in the City of California City, County of Kern, State of California, and is described as follows:

Reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over cement treated sub base; construction of concrete curb ramps; installing and removing traffic stripes, pavement markings, and roadside signs. (Mayor)
Date Kelly Kulikoff – City Mayor
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. - City of California City (Mayor)
Date and Place Kelly Kulikoff – City Mayor
SUBSCRIBED AND SWORN TO before me on
Socorro Chavez, City Clerk
City of California City Revised 9/22/2007
August 22, 2023 67
August 22, 2023 68
August 22, 2023 69
CC 4.

August 22, 2023 70
August 22, 2023 71
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August 22, 2023 77
August 22, 2023 78
CB 1.

COUNCIL AGENDA ITEM
August 22, 2023
TO: Mayor and City Council
FROM: Mayor Pro Tem Ron Smith
SUBJECT: Poten�al Responses to the Sunset of Parcel Tax (June 30, 2024) During our many hours of discussion on the dilemma that is about to occur, we have not spent much �me delibera�ng or giving direc�on to City Staff in how to prepare for this event.

There were five plans brought forward during the discussions and this mater is now being agendized to atempt to allow an opportunity to deliberate and give direc�on.

The Six plans that had some discussion or were men�oned are as follows:

1. A $250.00 Parcel Tax.

2. A “Varied Tax” where undeveloped parcels would be levied a lesser tax.

3. A plan to have some 50% of Public Safety returned to having our “General Taxes pay for General Services.” A Parcel Tax would only supplement some 50% of Public Safety and cover other City Services. This would be a return to prior to 2012 Parcel Taxes.

4. To scale City Services to match known revenues. Live at our means and not above it.

5. To fully fund Public Safety by our General Taxes and not by Parcel Taxes. This would afford the greatest protec�on for our Essen�al Services.

6. To establish a Parcel Tax that focuses on Special Capital Improvements. This is the purpose for a Special Tax.

FISCAL IMPACT:

Staff will have to give us the data necessary to make such a determina�on.

August 22, 2023 79
RECOMMENDATION:

My recommenda�on is that Council moves from discussion to delibera�on of a plan that we can direct Staff to implement. To request from Staff whatever data necessary data for clear direc�on of a plan well in advance of June 30, 2024.

August 22, 2023 80

SUCCESSOR AGENCY
City of California City
DATE: August 22, 2023
TO: Members of the Successor Agency Board to the dissolved California City Redevelopment Agency
FROM: Inge Elmes, Acting City Manager
SUBJECT: Amend and Adopt Resolution No. SA 08-23-2997 of the Successor Agency of the California Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS 23-24B) for the period January 1, 2024 – June 30, 2024.

Background / Discussion
The City of California City Redevelopment Agency was dissolved on February 1, 2012 pursuant to ABx1 26. Subsequently, the City Council elected to become the Successor Agency to the Redevelopment Agency in order to ensure that projects underway at the time of dissolution were completed, to retain control over the disposition of assets, and to make obligation payments identified in a Recognized Obligation Payment Schedule (ROPS). The ROPS serves to identify all of the enforceable obligations of the former RDA including debt service payments, loans, contracts, projects, employee and other administrative costs, etc.

Each ROPS is prepared by the Successor Agency and presented to the City Council and the Countywide Oversight Board for approval. The ROPS is then submitted to the Department of Finance (DOF) for approval.

Pursuant to Health and Safety Code Section 34179.7(o)(1), the Successor Agency must submit an Oversight Board-approved annual ROPS to DOF and the County Auditor Controller by February 1st of each year for the following fiscal year. Upon submitting and obtaining ultimate approval of the ROPS, fund distributions to pay enforceable obligations are made by the County in January and June each year.

The ROPS 23-24B has been prepared by staff and provides a list of obligations and amounts due to the period January 1, 2024 through June 30, 2024. The estimated sixmonth funding requirement to satisfy identified obligations is $416,037. Obligations listed on the ROPS 23-24B include required debt service for an outstanding redevelopment bond issue; the fifth year (out of five) of a Housing SERAF Loan payment; an RPTTF cash shortfall; and an administrative allocation. Upon approval of the City Council and Oversight Board, the ROPS 23-24B will be submitted to the DOF and County Auditor-Controller for review and approval.

FISCAL IMPACT
NB 1.

August 22, 2023 81
In summary, the amended total of $2,606 in obligations are listed on the ROPS 23-24B:
• Administrative Allocation - $24,000. Covers administrative costs for City Manager’s Office; Finance Department and City Clerk’s Office, including any supplies, materials and consultant costs necessary to carry out Successor Agency Operations for FY 2023-24B.
• 2014 Tax Allocation Bond Debt Service payment - $392,037 • 2014 Tax Allocation Bond Debt Service Fees - $0
• Payback of loan (payment no. 5 out of 5) related to Housing SERAF - $0 • Unexpected Prior RPTTF Shortfall - $0
Total RPTTF Requested $392,037
Other Funds* $24,000
• Other funds represent revenues generated from lease of property owned by the former redevelopment agency at the City of California City Airport.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. SA 08-23-2997 approving the Recognized Obligation Payment Schedule (ROPS 23-24B) for the period January 1, 2024 through June 30, 2024 for submittal to the Countywide Oversight Board. All ROPS are due to the Department of Finance by October 01, 2023.

ATTACHMENTS
Resolution No. SA 08-23-2997
Cal City 23-24 Amended Recognized Obligation Payment Schedule (ROPS) August 22, 2023 82
Amended Recognized Obligation Payment Schedule (ROPS 23-24B) - Summary Filed for the January 1, 2024 through June 30, 2024 Period Successor Agency: California City
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
ROPS 23-24B
Authorized
Amounts
ROPS 23-24B
Requested
Adjustments
ROPS 23-24B
Amended
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 24,000 $ - $ 24,000 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 24,000 - 24,000
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 389,431 $ 2,606 $ 392,037 F RPTTF 375,931 2,606 378,537
G Administrative RPTTF 13,500 - 13,500
H Current Period Enforceable Obligations (A+E) $ 413,431 $ 2,606 $ 416,037 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
August 22, 2023 83
California City
Amended Recognized Obligation Payment Schedule (ROPS 23-24B) - ROPS Detail January 1, 2024 through June 30, 2024
Item
#
Project
Name
Obligation
Type
Total
Outstanding
Obligation
Authorized Amounts
Total
Requested Adjustments
Total Notes Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$7,886,145 $- $- $24,000 $375,931 $13,500 $413,431 $- $- $- $2,606 $- $2,606 6 Federal Court
Stipulated
Judgment
Litigation $- - - - - - $- - - - - - $-
10 Employees/
Operating
Admin
Costs
$75,000 - - 24,000 - - $24,000 - - - - - $-
18 Legal
Services
Legal $- - - - - - $- - - - - - $-
19 2014 Tax
Allocation
Refunding
Bonds
Bonds
Issued
After 12/
31/10
$7,610,375 - - - 374,181 - $374,181 - - - - - $-
21 Loan from
Low/Mod
Housing Fund
SERAF/
ERAF
$197,000 - - - - - $- - - - - - $-
26 Debt Service
Administration
Bonds
Issued
After 12/
31/10
$3,500 - - - 1,750 - $1,750 - - - 2,606 - $2,606 There were new debt administrative fees for the 2014 TARB in FY21-22 that were unexpected and, accordingly, not requested for RPTTF reimbursement. The amount requested equals the exact shortage reported in the 21-22 PPA.
27 Unexpected
Prior RPTTF
Shortfall
RPTTF
Shortfall
$270 - - - - - $- - - - - - $-
August 22, 2023 84
RESOLUTION NO. SA 08-23-2997

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CALIFORNIA CITY

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED AMENDED
OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2023 TO JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(I)
RECITALS:

A. The City Council of the City of California City (the “City”) adopted amended Resolution No. 08-23-2997 on August 22, 2023 pursuant to Part 1.85 of the California Health and Safety Code electing for the City to serve as the successor agency for the City of California City Redevelopment Agency (the “Successor Agency”) upon the dissolution of the California City Redevelopment Agency.

B. Health and Safety Code section 34177(1)(2) requires the Successor Agency to submit a Recognized Obligation Payment Schedule (ROPS) by February 1, 2020, listing outstanding obligations of the Agency to be performed by the Successor Agency during the time period from July 1, 2023 through June 30, 2024; and

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CALIFORNIA

CITY REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS AS FOLLOWS:

Section1. The above recitals are true and correct and are a substantive part of this Resolution.

Section2. This Resolution is adopted pursuant to Health and Safety Code Section 34170.5.

Section 3. The Successor Agency hereby approves and adopts the ROPS 23-24, as shown in Exhibit “A” pursuant to Health and Safety Code Section 34177.

Section 4. The Secretary is hereby authorized and directed to file a certified copy of this Resolution to the Countywide Oversight Board.

Section 5. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Successor Agency may be reviewed by the Countywide Oversight Board and the State of California Department of Finance, and therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the Countywide Oversight Board and the State of California Department of Finance PASSED AND ADOPTED this 22nd day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

August 22, 2023 85

____________________________________
Kelly Kulikoff, Chairman
ATTEST:
___________________________
Socorro Chavez, Secretary
I hereby certify that the foregoing resolution was duly and regularly adopted by the Successor Agency Board at their Special Meeting thereof held on 22nd day of August, 2023.
___________________________
Socorro Chavez, Secretary
August 22, 2023 86
RESOLUTION NO. SA 01-23-2964

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CALIFORNIA CITY

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2023 TO JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(I)
RECITALS:

A. The City Council of the City of California City (the “City”) adopted Resolution No. 01-23-2964 on January 10, 2023 pursuant to Part 1.85 of the California Health and Safety Code electing for the City to serve as the successor agency for the City of California City Redevelopment Agency (the “Successor Agency”) upon the dissolution of the California City Redevelopment Agency.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CALIFORNIA

CITY REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS AS FOLLOWS:

Section1. The above recitals are true and correct and are a substantive part of this Resolution.

Section2. This Resolution is adopted pursuant to Health and Safety Code Section 34170.5.

Section 3. The Successor Agency hereby approves and adopts the ROPS 23-24, as shown in Exhibit “A” pursuant to Health and Safety Code Section 34177.

Section 4. The Secretary is hereby authorized and directed to file a certified copy of this Resolution to the Countywide Oversight Board.

AYES: Directors: Kulikoff, Creighton, Macedonio, Vice Chair Smith, Chair Kulikoff
NOES:

ABSENT:

DocuSign Envelope ID: 1B9F164D-8CEB-47BA-A406-FDF798B36984 August 22, 2023 87
ABSTAIN:

____________________________________
Kelly Kulikoff, Chairman
ATTEST:
___________________________
Socorro Chavez, Secretary
I hereby certify that the foregoing resolution was duly and regularly adopted by the Successor Agency Board at their Special Meeting thereof held on 10th day of January, 2023.
___________________________
Socorro Chavez, Secretary
DocuSign Envelope ID: 1B9F164D-8CEB-47BA-A406-FDF798B36984 August 22, 2023 88
ITEM NO. NB 2.

COUNCIL AGENDA ITEM
August 22, 2023
PREPARED BY: Inge Elmes, Acting City Manager

SUBJECT: California City Professional Firefighters Association Memorandum of Understanding
Background Discussion:

On May 13th, 2023, the California City Professional Firefighters Association Union members ratified a vote to approve the tentative MOU agreement, please see attachment. This has been a long process and staff is pleased to provide the tentative Memorandum of Understanding for your viewing.

Recommendation:

Staff recommends approving the MOU agreement.

ATTACHMENT
A. Memorandum of Understanding
August 22, 2023 89

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF CALIFORNIA CITY
And

CALIFORNIA CITY PROFESSIONAL FIREFIGHTERS

ASSOCIATION

January 1, 2022, to July 1, 2025

August 22, 2023 90
Table of Contents
Introduction……………………………………………………………………………………….4
Article I Term of MOU…...…………………………………………………………………4
Article II Renewal……………………………………………………………………………4
Article III Equal Opportunity Employment…………………………………………………..4 Article IV Association Security…………………………………………………….…………4 Article V Association Representatives…………………………………………….…………5 Article VI Maintenance of Benefits……………………………………………….…….…….5 Article VII Savings Provision……………………………………………………….…………5 Article VIII City’s Rights and Responsibilities…………………………………………..……..5 Article IX Mediation………………………………………………………………………….6
Article X Workweek…………………………………………………………………………6
Article XI Department Seniority……………………………………………………………...9 Article XII Staffing…………………………………………………………………………….9
Article XIII Wages…………………………………………………………………………….10
Article XIV Holidays………………………………………………………………………….12
Article XV Vacation………………………………………………………………………….14
Article XVI Sick Leave………………………………………………………………………..15
Article XVII Family Death Leave…………………………………………………..…………...16 Article XVIII Employee Probationary Status……………………………………….…………...16 Article XIX Health and Dental Insurance Program…………………………………………...16 Article XX Uniform Allowance………………………………………………………...……17 Article XXI Educational Incentive…………………………………………………………….18 Article XXII Advanced Medical Skills Compensation …….………………….,………………19 Article XXIII Specialty Assignment Incentives………..………………….……...……………19 Article XXIV Professional Education…………………………………………………………...20 August 22, 2023 91
Article XXV Critical Incident Debriefing…………………………………………………….…20 Article XXVI Lost or Damaged Equipment……………………………………………………..20 Article XXVII Claims Review Board……………………………………………………….…..20 August 22, 2023 92

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF CALIFORNIA CITY
AND

THE CALIFORNIA CITY PROFESSIONAL FIREFIGHTERS

ASSOCIATION

This Memorandum of Understanding ("MOU") is entered into by the and between the City of California City, hereinafter called the "City" and the California City Firefighters Association International Association of Fire Fighters Local 3903, hereinafter called the "Association" or "Union".

ARTICLE I TERM
The City and the Association agree that the term of this Memorandum of Understanding shall begin on January 1, 2022, and end on July 1, 2025. This MOU specifically supersedes and replaces the prior MOU between the City and the Association, any and all extensions or addenda to the prior MOU.

ARTICLE II RENEWAL
The City and the Association further agree that meeting and conferring over the renewal or continuation of the Memorandum of Understanding shall be initiated and conducted in such a manner that every effort will be made to reach an agreement prior to the expiration of this MOU.

If no agreement is reached on or before the expiration of the MOU, the terms of the MOU shall remain in effect until an agreement is reached or the duty to "meet and confer in good faith" has been exhausted. It is further agreed that nothing in this MOU shall in any way diminish the rights of the employees, the City, or the Association as established by the City Municipal Code, laws of the State of California, or by the Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300).

ARTICLE III EQUAL OPPORTUNITY EMPLOYMENT
The City and the Association agree that the provisions of the Memorandum of Understanding shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, sexual orientation, age, national origin, political, or religious affiliation or Association membership.

ARTICLE IV ASSOCIATION SECURITY
The City agrees to a Union dues system whereby authorized deductions will be withheld and August 22, 2023 93
paid to the Union consistent with current Government Code applying to the collection and payment of Union dues.

ARTICLE V ASSOCIATION REPRESENTATIVES
The City agrees that the Association shall be permitted to maintain not more than three (3), one (1) per duty, suppression shift association representatives on the job, to receive complaints and to see that the terms and conditions of this Memorandum of Understanding are being observed. The City also recognizes the right of the Association Representatives to participate in the first discussions on grievances, particularly on the application of the terms of this MOU. The Association shall notify the City Manager by letter of the names of the Association Representatives upon appointment.

ARTICLE VI MAINTENANCE OF BENEFITS
All present polices specifically related to matters within the scope of representation as set forth in the Personnel Manual shall continue to be observed, except as modified by this Memorandum of Understanding or altered by the City after consultation with the Firefighters Association or, failing a response to the offer of consultation, after a reasonable period of time thereafter.

ARTICLE VII SAVINGS PROVISION
If any provisions of the Memorandum of Understanding are held contrary to the law by a court of competent jurisdiction, such provisions will not be deemed valid and continue in full force and effect.

ARTICLE VIII CITY'S RIGHTS AND RESPONSIBILITIES
The City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of the Memorandum of Understanding. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by the City and not abridged herein, include but are not limited to the following: to manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities in whole or in part; to direct the work force; to increase or decrease the work force and determine the number of employees needed, to hire, transfer, promote and maintain the discipline and efficiency of its employees; to establish work standards, and reasonable workload; to specify or assign work requirements, and require overtime; to schedule working hours and August 22, 2023 94
shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.

ARTICLE IX MEDIATION

At the request of either the City or the Firefighters Association, the State Conciliation Service will be utilized in an advisory capacity with regard to any grievance that arises out of this Memorandum of Understanding. The service will be utilized if the Association and City Manager cannot reach an agreeable solution.

ARTICLE X WORKWEEK

A. Shift Employees
Shift Employees shall work a fifty-six (56) hour work week. Normal working hours will be 0800-1700 hours. The work week will normally include eight (8) hours sleeping time during any assigned twenty-four (24) hour shift. During an assigned 24-hour period/work shift, the following will be allowed: one (1) hour for lunch, one (1) dinner hour, and one (1) hour for physical fitness.

In accordance with the provisions of the Fair Labor Standards Act, the work cycle consists of twenty-eight (28) consecutive days. Each work shift is forty-eight (48) hours beginning at 0800 hrs. on the first day and ending at 0800 hrs., 48 hours later.

The standard department work shift schedule (also known as a “platoon” schedule) will be in the form of the following:

48 hrs. (2 days) on duty;
48 hrs. (2 days) off duty;
48 hrs. (2 days) on duty;
48 hrs. (2 days) off duty, 48 hours (2 days) on duty; and 192 hrs. (8 days) off duty - always to maintain a 56-hour work week average.

Three platoons: A, B and C, will operate based upon a modified (and rotating) fire department, “Kelly” Schedule, that most closely matching Kern County Fire Department’s current work schedule.

August 22, 2023 95
The City will provide each Fire Department member with “Shift Calendars” on an annual basis.

B. Non-Shift Employees
Non-Shift Employees shall work a forty (40) hour work week. Normal working hours will be 0800-1700 hours, or as determined by the Fire Chief and mutually agreed upon by the union. One (1) hour, per shift, will be allowed for lunch.

C. Shift Exchange: Subject to the Fire Chief’s prior written approval, employees may exchange shifts, or parts of shifts, when exchange neither interferes with the operation of the Fire Department nor requires an additional expense to the City.

D. Shift Transfers: All employees shall obtain "Bid Rights" upon successful completion of probation or after fulfilling the 6-month obligation of an awarded "Bid Request”.

All vacancies shall be submitted to all personnel for bid and shall be posted on station bulletin boards for at least 12 days prior to the filling of such vacancies.

Vacancies shall include, (1) New Positions, (2) Promotions, (3) Separations from service, and (4) Demotions. Such vacancies shall not be filled permanently until after expiration of the 12-day period. All vacancies shall be filled from the "Bid Requests" submitted to the Fire Chief and on file on the closing date. Employees with equal rank to that of the posted vacancy and who have current "Bid Rights" may submit a "Bid Request" for the posted vacancy. Each employee of the fire department will be assigned a seniority number. The seniority number denotes an individual's position in department seniority. Seniority numbers will be assigned in the order of the hiring of the employees. Employees with the lowest seniority number have the greatest department seniority. "Bid Requests" shall be awarded on the basis of the lowest seniority number of the personnel submitting them and being qualified for the position/rank which is available. The employee that is awarded the "Bid Request" will not have "Bid Rights" for 6 months from the date of the "Bid Request" award.

E. Mutual Shift Transfers: Two employees of equal rank, and in the case of specialty positions, meeting the minimum requirements, may request a mutual transfer. Mutual transfers will not be honored when changes of employee status are immediately pending.

August 22, 2023 96
Request for mutual transfer shall be submitted on a "Mutual Transfer Agreement" by both parties to the Fire Chief, who shall either approve or disapprove such request.

Disapproval shall only be done if just cause is shown by the Fire Chief.

Both parties shall sign the "Mutual Transfer Agreement" which outlines the following terms:

1) No money, gift, award, or any other type of gratuity has or will be exchanged as a condition of the mutual transfer.
2) The transfer shall be in effect for a period of 12 months. Neither party involved will have "Bid Rights" during that time, except as specified herein. 3) If, within a 12-month period, either party involved in the mutual transfer, separates, or promoted, the remaining party must comply with the mutual transfer process outlined. Terminations for cause, non-preexisting injuries resulting in retirement, and departmental transfers are not subject to this paragraph.
4) The following mutual transfer process will be followed in the event of the preceding paragraph:
a) The original position occupied by the person terminating, separating, or promoting will be put up for bid. (This will be the station currently being occupied by the remaining party).
b) The remaining party may bid the position they now occupy through normal bidding procedures. This is the only bid allowed to the remaining party.
c) If remaining party is unsuccessful in bidding the position, they must return to the station originally occupied. (This will be the position currently being occupied by the person who is terminating, separating, or promoting). The remaining party will not have "Bid Rights" for the remainder of the 12-month period. A promotion or demotion fulfils this 12-month requirement.
5) Overtime Callback: In the event that opportunities for work outside of normal shift schedules arise, the Fire Chief or his/her designee shall assign the work to qualified and available employees based on the needs of the City. Overtime shall be offered to an available employee on a rank-for-rank basis provided by the California City Fire Department Administrative Policy 100.10 dated 01/13/00 (Attachment 1) until the assignment is filled. The standard hourly rates schedule August 22, 2023 97
for working out of class (up or down) shall be updated within the policy to reflect merit and salary increases as they occur. The policy shall be updated as necessary to reflect personnel changes. Overtime under this paragraph consists of coverage provided for vacation, sick leave, and mandatory training.

ARTICLE XI DEPARTMENT/RANK SENIORITY
A. Departmental Seniority: Seniority shall be determined by the continuous service in the Fire Department, calculated from the date of employment. Continuous service shall be broken only by resignation, discharge, or retirement. Employees with the same employment date shall be assigned to the seniority list in order of their ranking on the Eligibility list from which they were hired.

In the event of a layoff of one or more employees, the employee(s) with the least Departmental Seniority shall be laid off first. Successive layoffs shall be affected on the same basis of least Departmental Seniority. Seniority shall prevail with respect to the choosing of shift assignments, station assignments and vacation leave.

B. Rank Seniority: Rank seniority shall consist of the relative length of accumulated service of each employee, in his/her respective rank, Example: Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Fire Prevention Officer, etc.

Seniority within the ranks will be determined by the date the employee was hired/promoted to the title he/she holds. In the event that two or more employees have the same date of promotion, their rank seniority will be determined by the department seniority. In the event that two or more employees have the same department seniority date, their rank seniority will be determined by their numerical position on the Eligibility list.

Article XII STAFFING
Each shift shall maintain one (1) Captain, one (1) Engineer and two (2) Firefighters - both firefighters of whom must be a Kern County Certified Paramedic.

August 22, 2023 98

ARTICLE XIII WAGES

A. Salary Schedule: The City and the Association agree to the following Cost of Living (COLA) adjustments to the salary schedule of fifteen percent (15%) during the term of this MOU:
• Retroactive to January 1, 2022, all employees shall receive a five percent (5%) salary adjustment to their assigned pay grade.
• Retroactive to January 1, 2023, all employees shall receive a subsequent COLA increase of five percent (5%) to their assigned pay grade. • Effective January 1, 2024, all employees shall receive a COLA increase of five percent (5%) to their assigned pay grade.

B. Step-in Grade and Step Incremental Plan: The continuation of the step incremental plan whereby each year after receiving a Meets Expectations evaluation, an employee will be eligible for an incremental increase to the next step level in the employee's pay grade up to step 9. Employees will be expected to rate at "Meet Expectations" which is defined as: "This is used to indicate an employee who is doing a good job. An employee at this level is meeting the high level of performance expected of City employees. He/she is consistently meeting the agreed upon standards for his/her position."

C. Longevity Pay: Employees shall receive longevity pay according to the following schedule:

Shift Employees
1) Two percent (2%) at the completion of ten (10) years continuous service. 2) Two percent (2%) at the completion of fifteen (15) years continuous service. 3) Two percent (2%) at the completion of twenty (20) years continuous service. 4) Two percent (2%) at the completion of twenty-five (25) years continuous service. 5) Two percent (2%) at the completion of thirty (30) years continuous service.

August 22, 2023 99
Non-Shift Employees
1) Two percent (2%) at the completion of five (5) years continuous service. 2) Two percent (2%) at the completion of ten (10) years continuous service. 3) Two percent (2%) at the completion of fifteen (15) years continuous service. 4) Two percent (2%) at the completion of twenty (20) years continuous service. 5) Two percent (2%) at the completion of twenty-five (25) years continuous service. 6) Two percent (2%) at the completion of thirty (30) years continuous service.

D. Computation of Hours: Hours during a work period which are listed as regular hours, overtime hours, and annual leave hours will be credited as "hours worked" for purposes of computing overtime pay. Overtime pay will be paid at 1.5 times the regular rate of pay, in accordance with the FLSA.

D. Direct Deposit Program: The City has established a direct deposit program whereby payroll and other reimbursement checks from the City to employees may be directly deposited to banking institutions (including banks, savings & loans, and credit unions).

E. California Public Employees Retirement System ("CalPERS") Contribution:

a. All monies deposited by the employer on behalf of the employee belong solely to the employee should the employee leave CalPERS for any reason. b. The amounts paid by the City are employees' contributions and are paid by the City to partially satisfy the employee's obligation to contribute to CalPERS. c. An employee has no option to receive the contributed amounts directly instead of having them paid to CalPERS on behalf of the employee.
d. It is understood and agreed to by the parties that payment of the CalPERS contribution is made subject to continued Internal Revenue Service (IRS) approval of reporting procedures.
e. The Survivors Benefit is set at a level four as part of the entitlement of the retirement system for Fire Personnel. The cost of the Survivors Benefit above level one shall be paid from the CalPERS Reserve Fund. Fire Employees will pay the additional cost through payroll deduction upon depletion of the Reserve. f. "Classic" Public Safety Personnel as that term is defined by CalPERS, will fall under the CalPERS contract of 3% @ 50, last highest year computation, and option of purchasing CalPERS sick leave credits effective as soon as appropriate contract amendments can be made.

August 22, 2023 100
F. Call Back Compensation: Any employee who is called back to work shall receive a minimum of two (2) hours FLSA overtime credit as it falls under the 28-day work cycle.

Minimum time credit for mandatory drills and meetings will be two (2) hours.

G. Bi-lingual Stipend: The ability to speak a “second language” while working in the emergency services is a valuable asset for an employee to possess. An employee who can be designated to assist in times of language barrier translation need, while having the ability to be able to communicate without difficulty, conversational and cursory medical conversational in a second language, will be compensated by the City in the form of a two percent (2%) wage stipend added to their hourly earnings. Note: stated otherwise, if an employee’s secondary language skills can be used to translate at any time while on duty, the City acknowledges that this skill will be reimbursed via the stipend.

H. Fitness Incentive: All active employees shall receive a twenty-five ($25.00) a month stipend to use at a physical fitness center of their choice with proof of membership. The membership fees will be added monthly to employee paychecks.

ARTICLE XIV HOLIDAYS
A. Shift Employees
In accordance with the Personnel Manual, specific holidays observed by the City shall not pertain to fire suppression personnel. In lieu of the specified holidays, suppression personnel shall receive nine (9) hours of straight-time pay each pay period (9.75 hours on twice-monthly payroll schedule).

B. Non-Shift Employees
Non-Shift Employees shall receive the following paid holidays without deductions from the employees leave based on their assigned schedule:
• New Year's Day,
• Martin Luther King Jr.'s Birthday (floating*),
• President's Day,
• Cesar Chavez Day (floating*),
• Memorial Day,
• Juneteenth,
• Independence Day,
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• Labor Day,
• Columbus Day (floating*),
• Veteran's Day,
• Thanksgiving Day,
• The Friday following Thanksgiving,
• Christmas Eve Day in lieu of Lincoln's Birthday (or day after Christmas if designated by City Manager),
• Christmas Day, and
• Every day appointed by the President or Governor and approved by the City Council for a public fast, thanksgiving, or holiday.
*Martin Luther King's Birthday, Cesar Chavez Day and Columbus Day will be offered as floating holidays.
1) On holidays, City services will remain open, and scheduling will be done to accommodate employees and City services (by Department Head). If the employee chooses to work the holiday, they must select another day off (during fiscal year of holiday) in lieu of the holiday. Employees shall advise the City three (3) days prior to a floating holiday of an intention to take the floating holiday off, otherwise, City will expect that the employee will report to work that day. The City shall conspicuously post at each work location advertisement of such requirement in advance of each floating holiday. The holiday and day off holidays will be paid at regular time. If all employees decide to have the holiday off, City services will remain open with limited services that Department Heads can offer. Employee must submit leave requests for recording of holiday time off.
2) Should a designated holiday fall on a Saturday, the Friday preceding the holiday shall be observed as a City holiday. Should a designated holiday fall on a Sunday, the Monday following the designated holiday shall be a holiday observed by the City. 3) Non-Shift Employees shall receive holiday pay when a holiday is worked. 4) Holiday and Floating Holiday accruals will be set to match the hours of an employee’s regular shift.

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ARTICLE XV VACATION
A. Vacation Accrual: Employees shall accrue vacation according to the following schedule based on time in service:

Shift Employees:
1) One to three (1 to 3) years of service: vacation accrued at twelve (12) hours per month.
2) Four to ten (4-10) years of service: vacation accrued at eighteen (18) hours per month.
3) Over ten (10) years of service: vacation accrued at twenty-four (24) hours per month.

Non-Shift Employees:

1) One to three (1 to 3) years of service: vacation accrued at ten (10) hours per month.
2) Four to ten (4 to 10) years of service: vacation accrued at sixteen (16) hours per month.
3) Over ten (10) years of service: vacation accrued at twenty (20) hours per month.

B. Vacation Carryover: The maximum vacation and earned compensatory time that a nonshift employee may have credited as of July 1 of each year is two hundred (200) hours.

The maximum vacation and earned compensatory time that a shift employee may have credited as of July 1 of each year is the equivalent of eighteen (18) months at the employee's current rate.

C. Vacation Sell Back: Each employee may sell back up to a maximum of three thousand dollars ($3000) worth of accrued vacation and compensatory time as of June 30th of each year. An employee's time that is eligible for sell back is limited to those hours that exceed 96 as of June 30th, except as provided operation of paragraph C of this article. Annual amount spend is dependent upon amount of eligible full-time employees who sell back vacation.

Any employee who has carryover time in excess of that specified in paragraph C of this article shall have the excess balance frozen at the carryover level. The employee shall receive a payoff for the excess balance in a lump sum.

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ARTICLE XVI SICK LEAVE
A. Sick Leave Accrual: Employees shall accrue sick leave according to the following schedule:

Non-Shift employees: Non-Shift employees will accrue sick leave according to the following schedule:

1. One (1) to three (3) years of service, ten (10) hours per month

2. Four (4) to ten (10) years of service, fifteen (15) hours per month

3. Over ten (10) years of service, twenty (20) hours per month Sick leave will be capped at three hundred (300) hours. The City will pay out those hours excess of 300 hours annually at 100%.

Catastrophic Leave Bank: Employees shall have the option of cashing out sick leave at the end of the year or banking sick leave to a secondary catastrophic leave bank. This catastrophic leave bank may be used for a major illness or injuries and will be capped at two hundred (200) hours. Catastrophic leave bank hours will not be eligible to be cashed out. Employees may donate catastrophic leave bank hours to one or more of their co-workers. Employees using catastrophic leave shall not be required to exhaust other sick leave.

As used here, "catastrophic illness" shall mean an illness or injury of an employee or of the employee's family, as defined in Government Code section 12945.2(c)(8):
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either of the following:

1. Inpatient care in a hospital, hospice, or residential health care facility.

2. Continuing treatment or continuing supervision by a health care provider.

Eligibility for use of such leave shall be contingent upon presentation by the employee of written confirmation from the relevant health care provider of the need for such leave and the estimated duration of such leave.

Shift Personnel:

Sick leave shall be accrued at the rate of eleven and two-tenths (11.2) hours per month for Suppression personnel. When sick leave issued for an entire twenty-four August 22, 2023 104
(24) hours shift, employees will be charged eleven and two-tenths (11.2) hours of sick leave. Sick leave will be capped at six hundred and eighty (680) hours. The City will pay out those hours in excess of six hundred and eighty (680) as of June 30th of each year at 100%.

Sick Leave Payoff: Employees will receive seventy-five percent (75%) payoff of sick leave upon separation from service after seven (7) consecutive years of satisfactory service and fifty (50%) before seven (7) consecutive years of satisfactory service. Employees will have the option to purchase PERS retirement credits with unused sick leave.

ARTICLE XVII FAMILY DEATH LEAVE
The City shall authorize family death leave with pay for a regular employee due to the death of a parent, spouse, child, grandparent, brother, sister, mother-in-law, father-in-law, or death of any child or close relative who resided with the employee at the time of death. The employee shall give notice to the immediate supervisor in advance when taking such leave. Family death leave shall be limited to the time actually required and shall not exceed five (5) work days for any one (1) death.

ARTICLE XVIII EMPLOYEE PROBATIONARY STATUS

All new and promotional appointees to Fire Department positions shall serve a probationary period of twelve (12) months. Should the Fire Chief and City Manager subsequently determine that a longer period of probation is required for an employee, the employee shall be informed in writing of the length of the extension, not to exceed six (6) months, and the reasons, therefore.

ARTICLE XIX HEALTH, DENTAL AND VISION INSURANCE PROGRAM

A. Effective with the execution of this MOU the City and Union agree that a Collective Health, Dental, and Vision (HDVB) bargaining unit will be established to advise the City on all issues HDVB issues relating to cost and levels of coverage and negotiate the relative contribution levels between the employees and the City. The Collective HDVB bargaining will be made up one (1) representative from the CC Miscellaneous Employees Union, the CC Firefighters Association, the CC Police Officers Association, and the City.

At least annually prior to the development of the City’s annual budget the HDVB Unit will meet to assess the current cost of HDVB coverage available to the City, study viable alternatives, develop a proposal for the distribution of the cost of HDVB between the City and the Employees that is mutually agreeable between the HDVB Unit and the City.

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B. Effective July 1, 2019, the City shall pay employees for HDVB benefits coverage monthly:

1) Single Employees: $950
2) Employee, with 1 dependent: $1,050
3) Employee, with 2 or more dependents: $1,500

All future payments by City to employees for HDVB benefits shall be agreed to by the City and the HDVB Collective Bargaining Unit by separate joint MOU.

C. Employees who provide proof of comparable HDVB benefits being provided by another policy of coverage may elect to direct the cash equivalent of the HDVB Benefits as additional income or deposited to an available City sponsored deferred compensation.

Those employees who are covered as a dependent if another City employee’s HDVB benefits are eligible to receive the equivalent cost of the City HDVB benefits cash noted above. Those selecting the cash payment shall be responsible for the taxes on such payment.

D. Article XIX may be reopened at the request of the Association, based on the results of the current PERB charge between the parties related to benefits.

ARTICLE XX UNIFORM ALLOWANCE
The City will purchase or provide standard uniforms and required safety clothing for each member. Replacement of non-serviceable uniforms and safety clothing shall be made upon authorization and approval of the Fire Chief. Uniforms and safety clothing shall meet NFPA standards.

The annual uniform allowance shall be in the following amounts:

Each Suppression or Prevention member will receive a total of one thousand four hundred ($1,400) annually. Members who are neither suppression nor prevention employees with receive four hundred ($400) annually.

Uniform allowance as applied to the following categories:

A. CLASSIC Employees: For Association members hired by the City on or before December 31, 2012, or who are defined as CalPERS Classic Employees, the uniform allowance shall be treated as pensionable compensation. As per the Internal Revenue August 22, 2023 106
Code IRCSS162; Reg.SS1.162(C)(1) the money paid to you for the uniform allowance is considered wages and will be taxed accordingly.

Classic members of the following ranks are eligible to receive the uniform allowance as defined in this section: Fire Captain, Fire Engineer, and Firefighter/Paramedic, and any fire prevention members.

B. TIER II Employees: There were no Fire Association members hired between December 18, 2012, and January 1, 2013, that would meet the TIER II pensionable compensation requirement. Therefore, Tier II is not applicable to the Association or this Memorandum of Understanding.

Note: any person hired with the Firefighter’s Association after January 1, 2013, with previous PERS credit, will be included in the Classic Pensionable Compensation program.

C. PEPRA Employees: All Association members hired by the City on or after January 1, 2013, who are defined as PEPRA members. The annual uniform allowance will not be included as pensionable compensation.

PEPRA members of the following ranks are eligible to receive the uniform allowance as defined in this section: Fire Captain, Fire Engineer, and Firefighter/Paramedic, and any fire prevention member.

ARTICLE XXI EDUCATIONAL INCENTIVE

In order to continue to foster professional education and increase job skills of its employees, all fire department staff upon employment with the City shall be eligible for educational incentives, the cumulative total of which shall not exceed eight percent (8%) of the employee's hourly.

Educational Incentives shall be paid as follows:

A. Four percent (4 %) of the employee's hourly rate rewarded to the employee for possession of no more than one (1) of the following in this section:
1) Certification by the State Fire Marshal as a Firefighter II or 2) Certification by the State Fire Marshal as a Plan Examiner or 3) Associate of Arts (A.A.) or Associate of Science (A.S.) degree.

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B. An additional four percent (4 %) of the employee’s hourly rate rewarded to the employee for no more than (1) of the following in this section:
1) Certification by the State Fire Marshal as Fire Officer/Company Officer or 2) Certification by the State Fire Marshal Inspector II or 3) Bachelor of Arts (B.A.) or Bachelor of Science (B.S.) Degree, Article XXII Advanced Medical Skills Compensation
To encourage and increase the advanced medical skills of its fire department employees, all fire department staff upon employment with the City, shall be eligible for advanced medical skills compensation, which shall not exceed twelve percent (12%) of the employee's hourly rate.

Advanced medical skills compensation shall be available to those employees with the following:

A. Certification as a Kern County EMT-I accrues an additional five percent (5%) of the employee’s hourly rate.

B. Certification as a Kern County Paramedic accrues seven an additional seven percent (7%) of the employee's hourly rate.

Article XXIII Specialty Assignment Incentives
Due to the increased responsibilities of fire department personnel, the City agrees to provide specialty- assignments incentives. For each of these specialty assignments, eligible employees will receive an additional two percent (2%) of the employee’s hourly rate. Employees may receive a maximum of three (3) separate specialty assignments for a maximum of a six (6%) percent increase to an employee’s hourly wage. The specialty assignments are as follows:

1. PIO – 2%

2. CERT Coordinator – 2%

3. HazMat Technician – 2%

4. HazMat Specialist – 2%

5. PPE Maintenance – 2%

6. SCBA Technician – 2%

7. Fire Investigator – 2%
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8. Juvenile Fire Setters – 2%

9. Public Education / SRO – 2%

10. Paramedic Preceptor – 2%

ARTICLE XXII PROFESSIONAL EDUCATION
A. Off-Duty Education: The City shall reimburse employees one hundred percent (100%) of tuition and shall pay one hundred (100%) of the cost of books required while attending school. Employees who receive reimbursement pursuant to this provision shall provide one calendar year of service following completion of the respective degree/certificate or shall reimburse the City the full amount of the textbook and tuition payments.

B. On-Duty Education: The City agrees to permit all personnel, including probationary firefighters, to participate in professional education. The City further agrees that attendance at education courses attended to satisfy City, County, State and Federal requirements shall be deemed on-duty time and the City shall pay for registration and fees as well as mileage, meals, and lodging to attend classes.

C. The City agrees to pay California State Firefighters Association dues on behalf of regular and reserve fire department personnel.

ARTICLE XXIII CRITICAL INCIDENT DEBRIEFING

The City will institute a critical incident debriefing program through a mutually agreeable counseling service, at City’s expense. Employee Assistance Program has been established through Optum Services.

ARTICLE XXIV LOST OR DAMAGED EQUIPMENT
Personnel equipment damaged or stolen during the normal course of employment will be replaced by the City if the employee using or responsible for the equipment exercised normal care in the use or storage of the equipment. If the equipment is stolen, it must be reported to the Police Department.

ARTICLE XXV CLAIMS REVIEW BOARD
The City shall implement a Claims Review Board as set forth in the following: "EMPLOYEE CLAIMS FOR PERSONAL PROPERTY DAMAGE AND LOSS"
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A. Personal Property Loss or Damage: If an employee suffers a loss or damage to personal property or prostheses, such as eyeglasses, hearing aids, dentures, watched, or articles of clothing in the line of duty, the Claims Review Board may authorize payment from City funds of the cost of replacing or repairing such personal property, subject to the following conditions:

1) The employee must demonstrate to the satisfaction of the Board that the personal property or prostheses made the subject of the claim was necessarily worn, carried, transported, or used in a manner consistent with the employee's work assignment at the time of the loss or damage.
2) In a claim for lost or damaged money (coins or currency), the employee must demonstrate to the satisfaction of the Board that carrying that amount of money was reasonable and necessary under all circumstances surrounding that job assignment at the time of the loss or damage.
3) The employee must demonstrate to the satisfaction of the Board that the loss or damage was not occasioned by an intentional or negligent act of the employee. 4) The employee must submit an appropriate claim.

B. Claim Procedure: Any employee seeking payment shall, within five (5) working days after the loss or damage occurred, present a verified claim to the Fire Chief setting forth the facts and circumstances under which the personal property was lost or damaged and the extent of the loss or damage. Damaged personal property must be submitted with the claim. If the claim is for lost property, or if damaged property is not submitted with the claim, the employee must include and affidavit explaining the circumstances of the loss or damage and the reasons for not submitting the damaged property. The claim must also be accompanied by a statement by a qualified person estimating the cost of both repair and replacement of said property.

C. DUTIES OF THE DEPARTMENT HEAD: The Fire Chief shall consider whether the claim meets the criteria and conditions established, recommend approval or disapproval of the claim, and forward the claim and recommendation without delay to the Claims Review Board. The recommendation must be accompanied by a written statement of the reason or reasons for the recommendation.

D. CLAIMS REVIEW BOARD: The Claims Review Board shall consist of three (3) members-the Personnel Director or authorized representative, one (1) City department head or authorized representative, and one (1) representative from the Association.

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The Claims Review Board shall annually elect a chairman. The Board shall meet from time to time as determined necessary by the chairperson, to review and allow or deny claims presented pursuant to the provisions of this Article.

In deciding upon claims, the Board shall examine and consider all the facts and circumstances in determining if the loss or damage occurred in the line of duty and meets the required conditions. If the Board's recommendation is for the payment of an employee claim for damages to property, there shall also be included a recommendation as to whether the item should be repaired or replaced. A copy of the Board's decision shall be filed with the employee, the Fire Chief, and the City Manager.

Upon receipt of the Board's decision allowing acclaim, the City Manager shall authorize payment to the employee in accordance therewith. In the event the Board denies the claim, the employee shall have the right to appeal to the City Manager by filing the appeal within fifteen (15) days of the date of its denial. Such an appeal may be in letter form and shall be filed with the City Clerk. The decision of the City Manager shall be reached after consideration of the employee's claim and the Claims Review Board's denial. The decision of the City Manager shall be final.

CERTIFICATION
CITY OF CALIFORNIA CITY FIREFIGHTERS LOCAL 3903
________________________________ ______________________________ City Manager Date Association President Date
Inge Elmes Kyle Griffith
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ITEM NO. NB 3.

CITY COUNCIL AGENDA ITEM
August 22, 2023
PREPARED BY: Mayor Kulikoff

SUBJECT: Closed Session Compliance

BACKGROUND/ DISCUSSION
During the August 8, 2023 City Council meeting, Mayor Kulikoff requested this item on the August 22, 2023 City Council meeting agenda.

A discussion and potential resolution modifying the documentation of closed session in compliance with state mandates.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction

ATTACHMENTS
NONE.

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ITEM NO. NB 4.

CITY COUNCIL AGENDA ITEM
August 22, 2023
PREPARED BY: Mayor Kulikoff

SUBJECT: Reconsider Approval of Microbusinesses

BACKGROUND/ DISCUSSION
During the August 8, 2023 City Council meeting, Mayor Kulikoff requested this item on the August 22, 2023 City Council meeting agenda.

A discussion and potential direction/action to reconsider the approval of microbusinesses to include cannabis dispensaries. The last time microbusinesses were discussed occurred during the December 28, 2021 City Council meeting as CC6 and the December 14, 2023 City Council meeting during Public Hearing (PH 1).

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction

ATTACHMENTS

PREVIOUS AGENDA REPORTS RELATED TO THIS ITEM
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96 CC
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97 August 22, 2023 115
98 August 22, 2023 116
99 August 22, 2023 117
100
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101
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PH 1
159
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161
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162
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163
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ITEM NO. NB 5.

CITY COUNCIL AGENDA ITEM
August 22, 2023
PREPARED BY: Mayor Kulikoff

SUBJECT: Reinstate Vision 360

BACKGROUND/ DISCUSSION
During the August 8, 2023 City Council meeting, Mayor Kulikoff requested this item on the August 22, 2023 City Council meeting agenda.

A high-level strategic plan is important for any government. City Council requires forward thinking with goal setting of priorities and timelines to be more accountable. I’m requesting City Council to approve the reinstatement of Vision 360 until December 31, 2023 with an objective to bring forward a high level Strategic Plan for City Council consideration.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
As per City Council direction

ATTACHMENTS
NONE
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NB 6.

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NB 7.

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NB 8.

COUNCIL AGENDA ITEM
August 22, 2023
PREPARED BY: Inge Elmes, Acting City Manager

SUBJECT: Activate Subdivision Deferred Improvement Advisory Committee

BACKGROUND/DISCUSSION
As requested by council and to comply with SDI agreements and the Municipal Code, staff is presenting information regarding the details of the SDI Committee.

ARTICLE 6. - SDI ADVISORY COMMITTEE
Sec. 2-2.601. - General.
(a) The SDI Advisory Committee shall consist of two (2) members serving four-year terms. One (1) member shall be appointed by the City. (1) One member shall be appointed by Mojave County Landowners News, Inc., dba California City Landowners Association (hereafter The Association). Vacancies shall be filled in the same manner. The member appointed by the City shall be a resident of the City. The member appointed by The Association shall be an SDI Lot Owner.
(b) The SDI Advisory Committee shall monitor the investment and expenditure of money in the SDI Fund as set forth in this chapter. The SDI Advisory Committee may consult with the City on land use issues affecting SDI Tracts and may consult with the City of California City Redevelopment Agency concerning redevelopment issues affecting SDI Tracts. The SDI Advisory Committee may request the city manager engage services of consultants to assist the SDI Advisory Committee in connection with its responsibilities defined herein. The City Manager shall act on this request within twenty (20) days. (c) The City shall provide the SDI Advisory Committee with reports and information as requested and access to a meeting place. Environmental documents for SDI projects shall be August 22, 2023 139
provided to the SDI Advisory Committee. The Committee shall be compensated at the same rate and manner as the City Planning Commission.
(d) The SDI Advisory Committee shall comply with laws affecting public agency committees, including conflicts of interest laws and secret meeting laws. At least two affirmative votes are needed for the SDI Advisory Committee to act. If the two members of the SDI Advisory Committee cannot agree, they may jointly engage a mediator or arbitrator. If the two members of the SDI Advisory Committee cannot agree on the appointment of a mediator or arbitrator or if they do not both agree with the outcome of the mediation or arbitration, either member may petition the Federal Court to resolve the dispute as the Court deems appropriate.

RECOMMENDATION
Staff recommends that council approve the activation of the SDI Advisory Committee.

FISCAL IMPACT
Advisory committee members are compensated at the same rate and manner as the Planning Commission.

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NB 9.

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California City City CouncilAugust 22, 2023

California City City Council
August 22, 2023