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 October 10th , 2023
CLOSED SESSION @ 4:00PM
REGULAR MEETING @ 5:00PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Deputy City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:
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2.Meeting ID: 837 4541 7094
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4.Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 October 10, 2023
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 4:00 PM
CALL TO ORDER
ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff
ADOPT AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS 1. Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator City Representative: Kelly Kulikoff, City Mayor
Unrepresented Employee: City Attorney
CS 2. Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator City Representative: Victor Pronto, City Attorney
Unrepresented Employee: Acting City Manager
CS 3. Conference with Legal Counsel- Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Personnel Matter
REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Kulikoff, Creighton, Macedonio, Mayor Pro Tem Smith, Mayor Kulikoff
DEPARTMENTAL REPORTS
• Housing
• OHV
• Parks and Recreation
• Planning
CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated September 30, 2023, October 01, 2023, October 02, 2023. J.M.
Powers has requested that they 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 discussion.
2 October 10, 2023
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 09/22/2023 through 10/05/2023 – by Finance Manager, Kenny Cooper
CC 2. Approve Cannabis Tax Collections – by Acting City manager, Joe Barragan CC 3. Approve In God We Trust Decal – by Police Chief, Jesse Hightower CC 4. Approve second reading by title only and adopt “Ordinance No. 23-804, an ordinance of the City Council of the City of California City, California amending Chapter 6 (Regulation of Cannabis related businesses and activity) of Title 5 (Public Welfare) of the California City ,municipal code relating to the selection and issuance of permits for Cannabis Dispensaries” – by Acting City manager, Joe Barragan
CC 5. Approve second reading by title only and adopt “Ordinance No. 23-802, an ordinance of the City Council of the City of California City, California amending section 9-2.212 (Site Plan Review) of Article 2 (Requirements for all zoning districts) of Chapter 2 (zoning) of Title 9 (Land use and Development) of the California City municipal code to require site plan review for housing projects that contain a minimum of five dwelling units” – by Acting City manager, Joe Barragan
CC 6. Approve second reading by title only and adopt “Ordinance No. 23-805, an ordinance of the City Council of the City of California City, California amending Chapter 1 (Building and Safety Code) and adding Chapter 13 (Electric Vehicle Charging Stations) to Title 8 (Building Regulations) and amending Section 9-2.208 (Schedule of off street parking requirements) of Article 2 (Requirements for all zoning districts) of Chapter 2 (Zoning) of Title 9 (Land use and Development) of the California City municipal code implementing a Ministerial Permitting process for Electric Vehicle Charging Stations” – by Acting City manager, Joe Barragan
CC 7. Approve Contract with Farmworkers Institute of Education & Leadership Development (F.I.E.L.D.) – by OHV Manager, Inge Elmes
CC 8. Approve Purchase of flooring for Borax Bill Park Visitor Station – by OHV Manager, Inge Elmes
CC 9. Approve Resolution No. 10-23-3001 to accept the offer of Right-of-Way dedication from Grantor Arvin Bagdasaryan & Eduard Karamyan as joint tenants of APN’s 216-010-14 and 216-010-30 to the City of California City – by Acting City manager, Joe Barragan CC 10. Approve Resolution No. 10-23-3002 to accept the offer of Right-of-Way dedication from Grantor Tigran Muradyan and Gayane Balasanyan as joint tenants of APN 216-010-16 to the City of California City – by Acting City manager, Joe Barragan CC 11. Approve Nixel Notification Service through Everbridge – by Acting City manager, Joe Barragan
CC 12. Approve Auditor Validator Training – by Acting City manager, Joe Barragan 3 October 10, 2023
CITY MANAGER REPORT
CM 1. Acting City Manager Report – by Joe Barragan
CONTINUED BUSINESS
CB 1. Special Tax – City Council Discussion and Direction for City Attorney to Prepare Ballot Measure materials
NEW BUSINESS
NB 1. Consideration and approval of a proposed contract for legal services between the City and Burke, Williams and Sorensen, LLP, and approval of Substitution of Attorney of the Song/Zheng matter – by City attorney, Victor Pronto Recommendation:
Staff recommends that the City Council approve the Legal Services Agreement between California City and BWS and the Substitution of Attorney for Song/Zheng.
NB 2. Balsitis Park – by City Mayor, Kelly Kulikoff
Recommendation:
As per City Council direction.
NB 3. Grand Jury Report and Findings – by City Mayor, Kelly Kulikoff Recommendation:
As per City Council direction.
NB 4. Introduction of Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code – by City Attorney, Victor Pronto Recommendation:
Staff recommends that the City Council introduce Ordinance No. 23-806 Amending Section 2- 1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code, provide first reading by title only and waiver further reading.
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk. 4 October 10, 2023
COUNCIL AGENDA ITEM
October 10, 2023
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing
BACKGROUND/ DISCUSSION
Desert Jade
Currently have 90 apartments filled.
6 are awaiting rehab.
Waitlist currently 86 applicants
20% of tenant inspections have been done.
Income structure for Desert Jade
base off income and rent schedule we currently.
86 tenants that are extremely low income.
3 tenants that are very low income.
1 tenant that is low income.
Desert Jade has a contract bundle with Spectrum which allows the Tenants to pay a total amount of $45.00 a month for Basic Cable/ internet is free, which is included in their rent, Total is $4,320 for 96 tenants, total Spectrum package $5,441, the balance of $1,121 which is paid out of Desert Jade account, Desert Jade is self-sufficient and the city does not contribute to the balance for the Spectrum account.
Legends
Currently have 5 apartments and 5 houses filled, 2 vacant.
Waitlist is combined with Desert Jade.
DR
5 October 10, 2023
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
October 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Staff is looking forward to another busy season as the weather is cooling off with Columbus Day weekend approaching.
Operations
The new grant cycle has begun, and project timelines have been set to complete project agreements for the upcoming grant cycle. Ground crew continues to maintain OHV riding areas and amenities.
Manager Updates
The city of California City was awarded the following grant amounts for the OHMVR Division G23 grant cycle:
• Ground Operations $610,612.00
• Education and Safety $110,052.00
• Development $186,648.00
• LE $ 28,201.00
The G22 grant cycle ended and staff will focus on closing out the grants for reimbursements.
Finance Report
For the month of September, OHV sales totaled $8,113.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals.
*Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.
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CITY COUNCIL
DATE: October 10, 2023
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of September
______________________________________________________________________ Events
Staff has begun planning for our “Polar Express” themed Holiday Village and parade event December 1st and 2nd. National Night Out was an extremely successful event. Thank you to all our first responders and everyone that showed up, special thanks to Raquel Escobar for making it happen.
Operations
During the month of September, our staff have been focused on planning the upcoming event. The adult walking club is continuing with an average attendance of 3 to 4. The Strata Center also continues to be open to basketball practice, game room activities and open gym.
The maintenance staff continue to do great work, and is staying busy with cleaning up graffiti, and picking up trash. Maintenance staff will be going to Balsitis twice a week to pick up trash and maintain all the hard work volunteers recently put in.
Staff have also been working with engineering and getting details squared away for the splash pad and skate park projects. We are currently putting together the specs for the bid package. The Balsitis Playground and Basketball court project bid has been awarded, and we are continuing to work on moving forward. 8 October 10, 2023
Programming
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-4:00, 6:00-7:00, Wed, 1:00-5:00 and 6:00-8 WGN Basketball Practice Tues, Thurs, and Fri - 4:00-6:00 WGN tackle football – Mon, Wed, Fri, 6-8p
Art Classes with Diane- Tues, Wed, and Thursday at 4:30.
Future Programming
Staff are looking forward Zumba classes beginning in January, as well as the return of line dancing classes if there is sufficient interest. Parks and Rec will also be hosting an Open Mic Night with ethe date to be determined. 9 October 10, 2023
DEPARTMENT REPORT
CITY COUNCIL MEETING
October 10, 2023
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
Staff
Consultant Planner Anu Doravari
Planning Admin (Lilia “Liz” Garcia)
Projects/Applications
This report includes the following items:
A. Overview of projects currently under staff review
B. Status update of Staff Development Review Meetings
C. Planning Department financial status September 2023
A. Overview of current projects
1. K-Pack SPR 23-06
SPR 23-06, the site is 41,922.74 sq. ft., located on the northeast corner of Lindbergh Boulevard and Olson Street in California City. Director’s hearing was completed on Sept 11, 2023. The project has completed CEQA review period of 30 days and will be presented at the Planning Commission regular meeting on October 17, 2023 and staff has recommended approval.
2. Verizon Cell Tower CUP – 23-05
The project was presented at the Planning Commission meeting on September 19, 2023 and the commission recommended approval with the exclusion of 1 condition presented by the engineering department. The condition was to develop the pavement on the entire length of the parcel.
3. Attil Farms SPR 18-17
Staff has concluded the review of the CEQA document. Staff Development Review meeting is scheduled on 24th October at 11.15 a.m. Upon completion project will move to a director’s hearing and then be presented at the next Planning commission regular meeting.
4. Padron Metals Finishing Co ZC 22-04
Staff conducted a SDR meeting on October 4 2023 with the project engineer and environmental consultant and resolved all pending issues surrounding the conceptual site plan and the environmental document. The director’s hearing is scheduled to take place on October 24, 2023 at 10:15 a.m. and will proceed to the Planning Commission regular meeting in November.
5. Calrox II ZC 21-07
Staff conducted a SDR meeting on October 4 2023 with the project engineer and environmental consultant and resolved all pending issues surrounding the conceptual site plan and the environmental document. The director’s hearing is scheduled to take place on October 24, 2023 at 10:00 a.m. and will proceed to the Planning Commission regular meeting in November. 10 October 10, 2023
6. Olivia Davidson ZC 22-02
Staff conducted a SDR meeting on October 4 2023 with the project engineer and environmental consultant and resolved all pending issues surrounding the conceptual site plan and the environmental document. The director’s hearing is scheduled to take place on October 24, 2023 at 10:30 a.m. and will proceed to the Planning Commission regular meeting in November.
7. Field Recycling Centre SPR 23-OO Minor
Application for a Recycling centre in an existing building was submitted and staff has reviewed the application and deemed it complete. Project will be presented at Planning Commission regular meeting on October 17, 2023 and staff has recommended approval.
8. Mojave Jade SPR 20-31
Staff has concluded the review of the CEQA document. Staff Development Review meeting is scheduled on 24th October at 11.15 a.m. Upon completion project will move to a director’s hearing and then be presented at the next Planning commission regular meeting.
9. John Svalbe SPR 23-10
Staff has reviewed an SPR application for cannabis development. Upon staff review staff will schedule a SDR meeting with other city departments.
10. Rani Zahr SPR 22-39
Staff has reviewed an SPR application for cannabis development. Site plan is currently under review and staff will schedule a SDR meeting with other city departments.
B. Staff Development Review Meetings
Staff scheduled PP Site Development Review (SDR) meeting in the month of September-October 2023.
1. ZC 22-04 Padron Metal Finishing Co
2. ZC 22-02 Olivia Davidson
3. Calrox II ZC 21-07
4. Verizon Wireless CUP 23-05
5. Mojave Jade SPR 20-31
6. Attil Farms SPR 18-17
11 October 10, 2023
C. Planning Department financial status September 2023
---------------------THANK YOU ---------------------
12 October 10, 2023
LC 1.
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CC 1.
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Item No: CC 2.
COUNCIL AGENDA ITEM
October 10, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Cannabis Tax Collections
BACKGROUND/ DISCUSSION:
The council has requested staff to find a way to excise cannabis tax collections. Staff is presenting the option of extending the scope of Core Compliance’s current contract to encompass this task. This scope will provide tax collection services to pursue unpaid taxes.
FISCAL IMPACT:
Amount Requested for FY 23-24 to come from Cannabis GL: 10-4171-310 Amount Requested from Fund: $ 49,600
RECOMMENDATION:
Staff recommends that Council approve the city manager to expand the scope of the current contract with Core Compliance that will assist in excising cannabis tax collections.
ATTACHMENTS:
1. Core Compliance Estimate
34 October 10, 2023
ESTIMATE
Core Compliance LLC
2026 N Riverside Ave
Suite C168
Rialto, California 92377
United States
8182358750
www.corecompliancellc.com
BILL TO
City of California City
Attn: Accounts Payable Finance
Department
Mr. Joe D. Barragan
21000 Hacienda Blvd
California City, 93505
United States
(760) 373-7483
[email protected]
Estimate Number: CA CITY #4
Customer Ref: Cannabis Excise Tax
Collections
Estimate Date: October 3, 2023
Valid Until: November 2, 2023
Estimate Total
(USD):
$49,600.00
Items Quantity Price Amount
General Consulting
Cannabis excise tax collections
Assigned staff: Analyst & Billing Specialist
Scope: Consultant will provide tax collection
services to pursue unpaid taxes as assessed
through audit determinations presented to city and
operators.
Process will include the evaluation of taxes due,
notification to State officials for revocation action,
collections and legal intermediary services.
CC uses a third party collections service to make
calls, facilitate mailings, and issue any levies and
holds to ensure the City gets taxes for a minimal fee
to be negotiated if scope is approved.
Hours allocated are for contract oversight and
program administration for a 6 month period of time
estimating 40 hours per month.
240 $165.00 $39,600.00
Professional Fee
3rd party collection fee estimate
1 $10,000.00 $10,000.00
35 October 10, 2023
Subtotal: $49,600.00
Total: $49,600.00
Estimate Total (USD): $49,600.00
ESTIMATE
Core Compliance LLC
2026 N Riverside Ave
Suite C168
Rialto, California 92377
United States
8182358750
www.corecompliancellc.com
36 October 10, 2023
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CC 3.
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41 October 10, 2023
ORDINANCE NO. 23-804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA AMENDING CHAPTER 6
(REGULATION OF CANNABIS RELATED BUSINESSES
AND ACTIVITY) OF TITLE 5 (PUBLIC WELFARE) OF THE
CALIFORNIA CITY MUNICIPAL CODE RELATING TO THE
SELECTION AND ISSUANCE OF PERMITS FOR
CANNABIS DISPENSARIES
WHEREAS, the City of California City (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police powers, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, and general welfare of the community, and are not in conflict with general laws; and WHEREAS, on November 11, 2017, the City Council adopted Ordinance No. 17- 757, amending Chapter 6 of Title 5 of the California City Municipal Code (“CCMC”) which established the permitting and regulation of medical cannabis businesses, including cultivation, manufacturing, dispensing, transporting, distribution and testing laboratories (“Cannabis Ordinance”); and
WHEREAS, on August 28, 2018, the City Council amended its Cannabis Ordinance to reflect changes in state law which consolidated the licensure and regulation of commercial medicinal and adult-use cannabis activities pursuant to Senate Bill 94, more commonly known as the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (“MAUCRSA”) through the adoption of Ordinance No. 18-766; and WHEREAS, the City’s Cannabis Ordinance currently permits the issuance of up to ten (10) cannabis dispensary permits, which include delivery of cannabis and cannabis products both within and outside of the City limits; and WHEREAS, cannabis dispensary permits have a lifespan of twelve months, but there is no systematic procedure in place to inform the City Council of the status of such permits so that the City Council may take action to select operators to fulfill any inactive cannabis dispensary permits; and
WHEREAS, the City Council finds that without this critical information, the City may be losing out on potential tax revenue to be generated through the sale of cannabis and cannabis products; and
WHEREAS, the City Council finds it necessary to amend the CCMC to enact provisions that would maximize the opportunities for cannabis dispensary to operate and maximize the ability for the City to raise revenue through sales tax; and WHEREAS, the proposed Ordinance would amend the existing CCMC to require CC 4.
42 October 10, 2023
the City Manager to report to the City Council, on an annual basis, the status of the cannabis dispensary permits, including how many are active and how many are inactive; and WHEREAS, Ordinance No. 23-804 would implement a process by which the City Council would issue dispensary permits in subsequent years following the annual City Manager report to City Council in order to maximize the number of dispensaries permitted; and
WHEREAS, Ordinance No. 23-804 would not increase the number of dispensary permits that are currently permitted under the CCMC; and WHEREAS, on September 26, 2023, the City Council held a duly noticed public hearing regarding the proposed Ordinance, considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report and all other pertinent documents regarding the proposed Ordinance; and WHEREAS, Ordinance No. 23-804 would not increase the permissible number of cannabis dispensary permits currently permitted under the CCMC; and WHEREAS, it can be seen with certainty that the implementation of Ordinance No. 23-804 will not cause a direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14 § 15000 et seq.); and WHEREAS, the City Council desires to amend Chapter 6 (Regulation of Cannabis Businesses and Activity) to Title 5 (Public Welfare) of the California City Municipal Code to provide a systematic process by which the City Council may consider the issuance of cannabis dispensary permits on an annual basis if the number of active permits is less than the maximum number of permits allowed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct and are incorporated by reference herein.
Section 2. Section 5-6.401 of Chapter 6 (Regulation of Cannabis Businesses and Activity) to Title 5 (Public Welfare) of the CCMC is amended to read as follows:
Section 5-6.401. - Initial Application Procedure.
(a) The maximum number of each type of cannabis dispensary that shall be permitted to operate in the City at any one (1) given time will be a maximum of two (2) retail storefront operations and ten (10) delivery only dispensaries with no retail storefront.
Retail storefront dispensaries are also authorized, with the required state license, to make off-site deliveries.
43 October 10, 2023
(b) This Section 5-6.401 is only intended to create a maximum number of cannabis dispensaries that may be issued permits to operate in the City under each category.
The City Manager shall report annually to the City Council the status of cannabis dispensary permits pursuant to Section 5-6.703 for the purpose of the City Council to provide direction pursuant to Section 5-6.702(b). Nothing in this Chapter creates a mandate that the City Council must issue any or all of the cannabis business dispensary permits potentially available.
Section 3. Section 5-6.702 of Chapter 6 (Regulation of Cannabis Businesses and Activity) to Title 5 (Public Welfare) of the CCMC is repealed in its entirety and added to read as follows:
Sec. 5-6.702 Permits Issued Subsequent to the Initial Selection Process. (a) Upon the City Council’s receipt of the City Manager’s annual report pursuant to Section 5-6.703, the City Council shall direct the City Manager to: (1) determine whether there are any runner-up applicants (ranked next highest after those chosen for permitting in the same category) remaining from a previously conducted selection process pursuant to Section 5-6.701 and bring their applications for consideration in a public hearing by the City Council for a determination to issue the remaining cannabis dispensary permit vacancies; or (2) if the number of available cannabis dispensary permits exceeds the number of runner-up applications, initiate a new selection process for applicants to submit applications for a cannabis dispensary permit.
(b) City staff shall utilize the same process which was used for the applicants chosen to receive cannabis dispensary permits pursuant to Sections and 5-6.501 and 5-6.701, inclusive of public noticing requirements and public hearing before the City Council. (1) Runner-Up Applicants. If a runner-up applicant is eligible to be considered for a cannabis dispensary permit in a public hearing subsequent to the initial selection process, the runner-up applicant shall be required to complete any additional requirements, and to update any information from its original application, which the City Manager or his/her designee(s) may determine is reasonably required to verify that the applicant still appropriately qualified and has met all requirements and make a recommendation to the City Council pursuant to Section 5-6.501. The runner-up applicant shall satisfy these requirements within thirty (30) day of receiving a written request for supplemental or clarifying information. Failure to respond or timely provide additional information shall be considered a withdrawal from the selection process and will not be considered by the City Council. (c) The City Council shall hold the public hearing in accordance with the procedures in Sections and 5-6.501 and 5-6.701 and make a determination whether a permit should be issued to the runner-up applicant, new subsequent applicant or deny any or all of the applications. If the Council determines a permit should be issued, the applicant shall be required to follow the same process for land use and zoning 44 October 10, 2023
approvals, before a permit is officially be issued.
(1) Notwithstanding the foregoing, the City shall have no obligation to offer the permit to the runner-up applicant if an applicant has withdrawn its application, or if the Council finds, based on substantial evidence that the applicant no longer qualifies, is in violation of state or local laws or regulations, or that it would not be in the community's best interest to grant the permit as a result of impacts on the community's health, safety or welfare.
(d) The City Council reserves the right at any time, in its sole discretion, to simply restart the selection process over.
Section 4. Section 5-6.703 of Chapter 6 (Regulation of Cannabis Businesses and Activity) to Title 5 (Public Welfare) of the CCMC is added to read as follows:
Sec. 5-6.703. – Annual Reports.
(a) The City Manager shall report annually to the City Council at a City Council meeting, by June 1 of each year, the status of the cannabis dispensary permits. The annual report shall include the number of cannabis dispensary permits that have been issued; whether any of the permits are inactive, including whether any applicant has withdrawn from the process or is terminated for any other reason; and how much time remains until the cannabis dispensary permit expires pursuant to Section 5-
6.701(f).
(b) Upon receiving an annual report from the City Manager, the City Council may direct the City Manager to act pursuant to Section 5.6-702(a) to initiate proceedings to fulfill any inactive cannabis dispensary permits.
Section 5. In accordance with CEQA and CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that the adoption of Ordinance No. 934 would not result in a significant environmental impact and is therefore exempt from CEQA.
Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed considering that intent. To the extent the provisions of the CCMC as amended by this Ordinance are substantially the same as the provisions of that Code as it reads prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portion 45 October 10, 2023
might subsequently be declared invalid or unconstitutional.
Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty (30) days after adoption.
[Signatures on the following page]
46 October 10, 2023
PASSED, APPROVED, and ADOPTED by the City Council of the City of California City this XXX day of October, 2023.
Kelly Kulikoff, Mayor
ATTEST:
Socorro Chavez, City Clerk
47 October 10, 2023
ORDINANCE NO. 23-802
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 9-
2.212. (SITE PLAN REVIEW) OF ARTICLE 2
(REQUIREMENTS FOR ALL ZONING DISTRICTS) OF
CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND
DEVELOPMENT) OF THE CALIFORNIA CITY MUNICIPAL
CODE TO REQUIRE SITE PLAN REVIEW FOR HOUSING
PROJECTS THAT CONTAIN A MINIMUM OF FIVE
DWELLING UNITS
WHEREAS, the City of California City (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police powers, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, and general welfare of the community, and are not in conflict with general laws; and WHEREAS, inherent within the City’s police powers is the ability to regulate land use and zoning within the City limits; and
WHEREAS, in the state’s most recent Regional Housing Needs Allocation (“RHNA”) process, the City was assigned to plan for 428 new homes to meet the state’s housing crisis over the next eight-year period; and
WHEREAS, the City desires to spur housing production and remove unnecessary barriers for smaller-scale housing projects; and
WHEREAS, the City’s General Plan (“General Plan”) articulates the community’s vision through a 19-year planning period which provides inter alia implementation measures for the management of the City’s growth and identifies the City’s current and projected housing needs and is supported by an effective Zoning Code that is consistent with the General Plan; and
WHEREAS, among the residential policies recited in the General Plan’s Land Use Element is a policy to “allow for the development of a variety of residential types and densities; and
WHEREAS, Ordinance No. 23-802 is consistent with this General Plan policy because it encourages a variety of residential types and densities by removing the Site Plan Review requirement for projects that propose four or less dwelling units; and WHEREAS, the General Plan Land Use Element also sets forth a policy to encourage new projects which are in-fill or expansion of existing urban development; and CC 5.
48 October 10, 2023
WHEREAS, Ordinance No. 23-802 is consistent with the General Plan because it will encourage in-fill development through the provision of housing projects that include four or less dwelling units; and
WHEREAS, the General Plan Land Use Element sets forth a policy that allows for flexibility in the siting of multi-family residential and commercial uses from the locations generally depicted on the Land Use Map in areas which are undeveloped, used for resource production, or are developed at very low densities through Planned Unit Development, Planned Commercial Developments and Specific Plans provided that the overall density and distribution of land uses is maintained; and
WHEREAS, Ordinance No. 23-802 will not impact the overall siting or allowed density of proposed residential projects thereby making the Ordinance consistent with this General Plan policy; and
WHEREAS, on June 27, 2023, the City Council of the City of California City (“City Council”) requested staff bring forward an ordinance to exclude fourplexes from the Site Plan Review process; and
WHEREAS, pursuant to California Government Code Section 65854, the City Planning Commission conducted a duly noticed public hearing on this matter on August 1, 2023, wherein the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding proposed Ordinance No. 23-802; and WHEREAS, at the close of the public hearing, the Planning Commission voted to recommend approval of the proposed ordinance by a XXX-XXX-XXX vote; and WHEREAS, on September 26, 2023, the City Council held a duly noticed public hearing regarding the proposed Ordinance, considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report inclusive of the Planning Commission’s recommendation, and all other pertinent documents regarding the proposed Ordinance; and
WHEREAS, Ordinance No. 23-802 would not increase the permissible density of any proposed residential project and would merely streamline the approval process for small multi-unit residential projects ranging from one to four units on properties that are zoned for residential purposes; and
WHEREAS, a project applicant who proposes a housing project that exceeds the allowed density would be required to participate in a discretionary approval process that would require environmental review pursuant to CEQA; and WHEREAS, it can be seen with certainty that the removal of the site plan review requirement will not cause a direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and the 49 October 10, 2023
CEQA Guidelines (Cal. Code Regs., Title 14 § 15000 et seq.).
WHEREAS, the City Council desires to amend Section 9-2.212.(a) of the California City Municipal Code, to state, “A site plan shall be approved by the Planning Director for a multi-family residential use of five (5) units or more, private club use, commercial use, church use or manufacturing use.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct and are incorporated by reference herein.
Section 2. Subsection (a) of Section 9-2.212. (Site Plan Review) of Article 2 (Requirements for All Zoning Districts) of Chapter 2 (Zoning) of Title 9 (Land Use and Development) of the California City Municipal Code (“CCMC”) is hereby amended in its entirety to read as follows:
(a) A site plan shall be approved by the Planning Director for a multi-family residential use of five (5) or more dwelling units, private club use, commercial use, church use or manufacturing use.
Section 3. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal laws and this Ordinance shall be construed considering that intent. To the extent the provisions of the California City Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portion might subsequently be declared invalid or unconstitutional.
Section 5. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty (30) days after adoption.
[Signatures on the following page]
50 October 10, 2023
PASSED, APPROVED, and ADOPTED by the City Council of the City of California City this XXX day of October, 2023.
Kelly Kulikoff, Mayor
ATTEST:
Socorro Chavez, City Clerk
51 October 10, 2023
ORDINANCE NO. 23-805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA AMENDING CHAPTER 1
(BUILDING AND SAFETY CODE) AND ADDING CHAPTER
13 (ELECTRIC VEHICLE CHARGING STATIONS) TO
TITLE 8 (BUILDING REGULATIONS) AND AMENDING
SECTION 9-2.208 (SCHEDULE OF OFF STREET PARKING
REQUIREMENTS) OF ARTICLE 2 (REQUIREMENTS FOR
ALL ZONING DISTRICTS) OF CHAPTER 2 (ZONING) OF
TITLE 9 (LAND USE AND DEVELOPMENT) OF THE
CALIFORNIA CITY MUNICIPAL CODE IMPLEMENTING A
MINISTERIAL PERMITTING PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS
WHEREAS, the City of California City (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police powers, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, and general welfare of the community, and are not in conflict with general laws; and WHEREAS, Assembly Bill 1236 (“AB 1236”) requires all municipalities to create a checklist of requirements for applicants proposing Electric Vehicle Charging Stations (“EVCS”); and
WHEREAS, Assembly Bill 970 (“AB 970”) requires all municipalities to complete the application review process within certain prescribed time periods depending on the number of EVCS proposed in the project; and
WHEREAS, the General Plan Land Use Element sets forth a policy to facilitate and implement growth and development coordinated with the provision of infrastructure, public facilities, and public services; and
WHEREAS, Ordinance No. 23-805 is consistent with the General Plan because it will encourage the implementation and provision of EVCS consistent with market-demand; and
WHEREAS, the General Plan Land Use Element sets forth a policy that allows for the development of a variety of commercial centers which serve different users and levels of intensity, including neighborhood centers serving local residential neighborhoods, community centers which serve groups of neighborhoods, regional centers which serve the planning areas and surrounding areas and same highway commercial centers which serve visitors along regional transportation routes; and
WHEREAS, Ordinance No. 23-805 is consistent with this General Plan policy CC 6.
52 October 10, 2023
because it provides a streamlined permitting system that will allow consumers to take advantage of EVCS facilities within its commercial centers; and WHEREAS, pursuant to California Government Code Section 65854, the City Planning Commission conducted a duly noticed Public Hearing on this matter on August 15, 2023, wherein the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding proposed Ordinance No. 23-805; and WHEREAS, at the close of the Public Hearing, the Planning Commission voted to recommend approval of the Ordinance No. 23-805 by a XXX-XXX-XXX vote; and WHEREAS, on August 15, 2023, the City Council held a duly noticed Public Hearing regarding the proposed Ordinance, considered all public comments received before and during the Public Hearing, the presentation by City staff, the relevant staff report inclusive of the Planning Commission’s recommendation, and all other pertinent documents regarding the proposed Ordinance; and
WHEREAS, Ordinance No. 23-805 would not increase the permissible density or intensity of any proposed project and would merely streamline the approval process for EVCS projects; and
WHEREAS, it can be seen with certainty that the implementation of a ministerial streamlined permitting process for EVCS will not cause a direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res.
Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14 § 15000 et seq.); and
WHEREAS, the City Council desires to add Chapter 13 (Electric Vehicle Charging Stations) to Title 8 (Building Regulations) and amend Section 9.2.208 (Schedule of Off Street Parking Requirements) of Article 2 (Requirements for All Zoning District) of Chapter 2 (Zoning) of Title 9 (Land Use and Development) of the California City Municipal Code to comply with the provisions of AB 1236 and AB 970.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct and are incorporated by reference herein.
Section 2. Section 8-1.01 of Chapter 1 (Building and Safety Code) to Title 8 (Building Regulations) of the CCMC is amended to read as follows:
Sec. 8-1.01 Adoption
(a) [Adopted]. The City of California City hereby adopts the 2022 California Code of Regulations Title 24 all 12 parts, and all appendices, without amendments as the 53 October 10, 2023
City of California City Building and Safety Code, 2019 2022. (b) References to Prior Code: Upon the effective date, the 2019 2022 City of California City Building and Safety Code will supersede and expressly repeal any and all previous City building codes.
(c) Effective Date: The 2019 2022 City of California City Building and Safety Code will be in force and effective on January 1, 2020 2023.
Section 3. Chapter 13 (Electric Vehicle Charging Stations) is added to Title 8 (Building Regulations) of the CCMC to read as follows:
CHAPTER 13 – ELECTRIC VEHICLE CHARGING STATIONS
Sec. 8-13.01. – Purpose.
The purpose of this chapter is to create a streamlined ministerial approval process for Electric Vehicle Charging Stations and associated Electric Vehicle Supply Equipment, consistent with the California City Municipal Code including the Building Code and Fire Code, and Federal laws including the Americans with Disabilities Act.
Sec. 8-13.02. – Applicability.
This chapter applies to applications for a streamlined approval process for building permits for electric vehicle charging stations pursuant to California Government Code Section 65850.7.
Sec. 8-13.03. – Definitions.
(a) Building Official means the City’s building official and/or his/her designee(s). (b) Electric Vehicle (“EV”) means an electric drive vehicle that uses one or more electric motors or traction motors for propulsion. An electric vehicle may be powered through a collector system by electricity from off-vehicle sources, or may be self-contained with a battery or generator to convert fuel to electricity. (c) Electric Vehicle Charging Station (“EVCS”) means an electric vehicle charging station, also called EV charging station, electric recharging point, charging point, charge point and Electric Vehicle Supply Equipment (“EVSE”), is an element in an infrastructure that supplies electric energy for the recharging of electric vehicles, such as plug-in electric vehicles, including electric cars, neighborhood electric vehicles and plug-in hybrids.
(d) Specific Adverse Impact means a significant, quantifiable, direct, or unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
54 October 10, 2023
Sec. 8-13.04. – Requirements.
(a) All Electric Vehicle Charging Stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, Fire Department, Department of Public Works, the California Building Code, California City Municipal Code, and Federal laws including the Americans with Disabilities Act.
(b) Electric Vehicle Charging Stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (c) Installation of EVCS shall be incorporated into the load calculation of all new or existing electrical services and shall meet the requirements of the California Electrical Code. EVSE shall be considered a continuous load. (d) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
Sec. 8-13.05. – Duties of the Building Official.
(a) The Building Official shall adopt a checklist of materials required for a streamlined permit review process.
(b) The Building Official shall publish the application form, checklist requirements pursuant to subsection (a) and any other required documentation on the City’s website.
(c) All documents required for submission of an electric vehicle charging system application shall be made publicly available on the City's website. (d) The Building Official shall allow the electronic submittal of the Electric Vehicle Charging Station application.
(e) An applicant submitting an application for an EVCS pursuant to this Chapter may submit the required application, forms, and other documents with an electronic signature in lieu of a wet signature.
Sec. 8-13.06. – Application Submittal.
(a) An applicant shall submit a complete application that meets the requirements of the 55 October 10, 2023
checklist adopted pursuant to Section 8-13.05(a), inclusive of the required application fee. Failure to submit a complete application that meets these requirements shall be deemed incomplete.
(b) The Building Official shall review the contents of the submitted application and determine whether the application is complete:
(i) Within five (5) business days if the project proposes one to twenty-five (1-25) Electric Vehicle Charging Stations.
(ii) Within ten (10) business days if the project proposed twenty-six (26) or more Electric Vehicle Charging Stations.
(c) The Building Official shall notify and issue a written notification to the applicant detailing the application deficiencies and any additional information or documentation required pursuant to this Article within the time periods prescribed in subsection (b). (d) Failure to notify and provide written notification to the applicant of any insufficiencies of the application within the time periods prescribed in subsection (b), shall deem the EVCS application complete.
Sec. 8-13.07. – Application Review.
(a) Applications for Electric Vehicle Charging Stations submitted pursuant to this Article shall be reviewed administratively.
(b) The Building Official’s review shall be limited to the determination that the project meets all local, state, and federal health and safety requirements. (c) Once an application is deemed complete, the Building Official shall review the permit application and issue a determination:
(i) Within twenty (20) business days if the project proposes one to twenty-five (1- 25) Electric Vehicle Charging Stations; or
(ii) Within forty (40) business days if the project proposed twenty-six (26) or more Electric Vehicle Charging Stations.
(d) The Building Official may deny an application if he/she can make written findings, based on substantial evidence, that the proposed EVCS could have a specific adverse impact on the public health or safety and conditions of approval are required to mitigate the impact and require the applicant to apply for a conditional use permit pursuant to Article 25 (Conditional Use Permits) of Chapter 2 (Zoning) of Title 9 (Land Use Regulations) of the Municipal Code.
(e) A decision by the Building Official pursuant to this Chapter may be appealed pursuant to the procedures set forth in Section 9-2.2501 of the Municipal Code, except that the appeal shall be considered by the Planning Commission in lieu of the City Council.
56 October 10, 2023
Sec. 8-13.08. – Fees.
The City Council shall adopt a resolution establishing a fee to be submitted in conjunction with an EVCS permit.
Section 4. Subdivision (e) is added to Section 9-2.208 of Article 2 (Zoning Requirements For All Zoning Districts) of Chapter 2 (Zoning) of Title 9 (Land Use Regulations) of the CCMC to read as follows:
(e) If the Electric Charging Vehicle Stations (as defined in Section 8-13.03(c) of the Municipal Code) proposed pursuant to Section 8-13.06 of the Municipal Code would reduce, eliminate, or otherwise impact the parking minimums imposed by Chapter 2 (Zoning) of this Title 9 (Land Use Regulations) of the Municipal Code, the minimum parking requirements shall be reduced to accommodate the EVCS and EVSE.
Section 5. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed considering that intent. To the extent the provisions of the CCMC as amended by this Ordinance are substantially the same as the provisions of that Code as it reads prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portion might subsequently be declared invalid or unconstitutional.
Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty (30) days after adoption.
[Signatures on the following page]
57 October 10, 2023
PASSED, APPROVED, and ADOPTED by the City Council of the City of California City this XXX day of October, 2023.
Kelly Kulikoff, Mayor
ATTEST:
Socorro Chavez, City Clerk
58 October 10, 2023
ITEM NO. CC 7.
COUNCIL AGENDA ITEM
OCTOBER 10, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Approve contract with Farmworkers Institute of Education & Leadership Development (F.I.E.L.D.)
BACKGROUND/ DISCUSSION
The city of California City has entered into services agreement with the Farmworker Institute of Education & Leadership Development organization for many years. This contract is a recurring agreement that is funded completely by the OHMVR Division grants program. Scope of program will assist ground operations crew in daily operations such as trash pickup, sign installation and grounds maintenance.
FISCAL IMPACT
Cost not to exceed grant award of $17,000.00. Allocated to GL code 16-4249-630.
RECOMMENDATION
Council to authorize Acting City Manager Barragan to execute contract with F.I.E.L.D.
ATTACHMENTS
Agreement for Services with Farmworkers Institute of Education & Leadership Development. 59 October 10, 2023
CITY OF CALIFORNIA CITY
PROFESSIONAL SERVICES AGREEMENT
WITH
Farmworkers Institution of Education and Leadership Development THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this _10th_ day of _October____, 20_23_ (“Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (“City”), and Farmworkers Institution of Education and Leadership Development (“Consultant”).
W I T N E S S E T H:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to maintaining grounds, trash clean up, trail cleanup and other relevant projects as needed, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services . Consultant shall maintain grounds, trash clean up, trail cleanup and other relevant projects as needed.
1.2. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. 60 October 10, 2023
1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty . Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination . In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment . This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. 61 October 10, 2023
1.8. Confidentiality . Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation . One (1) Supervisor and two (2) Corps members are expected to work eight (8) hours per day including one (1) hour of transportation, one (1) day per week, Monday through Friday, excluding state holidays. Typical work hours are between the hours of 6:00 a.m.– 2:30 p.m., with a thirty (30) minute lunch break. The Consultant will be paid a flat rate of $680 per day. Rate costs include workers’ wages, workers’ compensation, fuel, and administration fee. Consultant’s total compensation shall not exceed seventeen thousand dollars ($17,000.00).
.
2.2. Additional Services . Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing . Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits . Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
62 October 10, 2023
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. City to notify the Consultant Project Manager as referenced in Section 6.4 of this agreement if Consultant fails to begin work in a timely manner and/or diligently pursue work to completion as stated in this agreement. If Consultant and City cannot rectify the concern, it may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of about 9 months, ending on August 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one year period upon mutual written agreement of both parties.
4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation . In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents . In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents 63 October 10, 2023
without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements . The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
64 October 10, 2023
(a) Additional insureds: “The City of California city and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of California city, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of California city shall be excess and not contributing with the insurance provided by this policy.” (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of California city, its officers, officials, agents, employees, and volunteers. (e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention . If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance . Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit “E” and incorporated herein by this reference.
5.5. Non-Limiting . Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
65 October 10, 2023
6.0. GENERAL PROVISIONS
6.1. Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives . The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers . City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices . Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CITY:
City of California city
21000 Hacienda Blvd.
California city, CA 93505
Tel: (760) 373-8661
Attn: OHV Manager Elmes
66 October 10, 2023
Courtesy copy to:
City of California city
21000 Hacienda Blvd.
California city, CA 93505
Attn: Victor Ponto
6.5. Drug-Free Workplace Policy . Consultant shall provide a drug-free workplace.
Consultant’s failure to provide a drug-free workplace shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees . In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law . This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Kern County, California.
6.8. Assignment . Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless . Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon 67 October 10, 2023
the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder.
Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee 68 October 10, 2023
of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation . In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents . All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq .). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq .) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its 69 October 10, 2023
officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors . Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.17. Prohibited Employment . Consultant will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence . In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs . Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.21. Headings . Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.22 . Construction . The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
70 October 10, 2023
6.23. Amendments . Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.24. Waiver . The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability . If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.27. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. 71 October 10, 2023
CONSULTANT
__________________________________
Signature
__________________________________
Name and Title
__________________________________
Social Security or Taxpayer ID Number
CITY OF CALIFORNIA CITY
Date: __________________________
__________________________________
Joe Barragan
Acting City Manager
ATTEST:
________________________________
Socorro Chavez
City Clerk
APPROVED AS TO FORM:
Date: __________________________
__________________________________
Victor Ponto
City Attorney
Date: ________________________
72 October 10, 2023
73 October 10, 2023
ITEM NO. CC 8.
COUNCIL AGENDA ITEM
OCTOBER 10, 2023
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Approve Purchase of Flooring for Borax Bill Park Visitor Station
BACKGROUND/ DISCUSSION
The city of California City was awarded funding through the OHMVR Division grant program for the purchase of flooring to be installed at the Borax Bill Park Visitor Station. Award amount includes approximately 1,000 Sq. Ft of varying length engineered waterproof hardwood flooring. Total award amount includes tax. All work will be completed by OHV staff during normal working hours in time for the Thanksgiving Holiday weekend.
FISCAL IMPACT
Cost not to exceed grant award of $5,000.00. Allocated to GL code 16-4249-270.
RECOMMENDATION
Council to approve purchase of grant funded engineered wood flooring from Home Depot.
ATTACHMENTS
A. Quotes from Home Depot, Lowes, and Floor Décor for engineered wood flooring. 74 October 10, 2023
75 October 10, 2023
76 October 10, 2023
77 October 10, 2023
CITY COUNCIL
Consent Agenda Item:
October 10, 2023
TO: Mayor the City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Motion to approve the resolution to accept the offer of Right-of-Way dedication from Grantor Arvin Bagdasaryan & Eduard Karamyan as joint tenants of APN’s 216-010-14 and 216-010-30 to the City of California City. ………………………………………………………………………………………………………
BACKGROUND:
Developers Arvin Bagdasaryan & Eduard Karamyan as joint tenants have submitted an Irrevocable Offer of Dedication granting public access easement for ingress, egress, and road purposes, over and across APN 216-010-14 and 216-010-30 to the City of California City.
The grantor has submitted the required Right-of-Way dedication plats and legal descriptions and it has been reviewed by the City Surveyor and City Planning Director.
The Public Works Department deems it in the best interest of the City of California City that the Offer of Dedication of the Road Rights-of-Way be accepted and the same become a part of the public street system of the City of California City.
RECOMMENDATION:
Motion to approve the resolution to accept the offer of Right-of-Way dedication from Grantor Grantor Arvin Bagdasaryan & Eduard Karamyan to the City of California City and authorize the City Engineer to transmit the Irrevocable Offer of Dedication to County’s Recorders Office for recordation.
FISCAL IMPACT:
None
ENVIRONMENTAL ACTION:
None
Attachments: Irrevocable Offer of Dedication
Resolution
78 October 10,
CC 9.
2023
79 October 10, 2023
80 October 10, 2023
81 October 10, 2023
RESOLUTION NO. 10-23-3001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY
ACCEPTING CERTAIN EASEMENTS FOR PUBLIC RIGHT OF WAY PURPOSES
FROM ARVIN BAGDASARYAN AND EDUARD KARAMYAN AS JOINT TENANTS
AND AUTHORIZING THE CITY ENGINEER THE RECORDATION OF THE IRREVOCABLE OFFER OF DEDICATION.
WHEREAS the City of California City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS Developer Arvin Bagdasaryan & Eduard Karamyan have submitted an Irrevocable Offer of Dedication granting public access easement for ingress, egress, and road purposes, over and across APN 216-010-14 and 216-010-30 to the City of California City; and WHEREAS, the developer Arvin Bagdasaryan & Eduard Karamyan have submitted the required Right-of-Way dedication plats and legal descriptions and it has been approved by the City Engineer and City Planning Director; and
WHEREAS The Public Works Department deems it in the best interest of the City of California City that the Offer of Dedication of the Road Rights-of-Way be accepted and the same become a part of the public street system of the City of California City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of California City by adopting this resolution does hereby state that:
1. It is now appropriate for the City of California City to accept the dedication for public use the right-of-way under Street and Highways Code Section 7050 of the Government Code as shown on the Irrevocable Offer of Dedication
2. Authorize the City Engineer to transmit the Irrevocable Offer of Dedication to County’s Recorders Office for recordation.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF October, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Mayor – Kelly Kulikoff
ATTEST:
Socorro Chavez
City Clerk
82 October 10, 2023
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the 10th day of October 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Socorro Chavez
City Clerk
83 October 10, 2023
CERTIFICATE OF ACCEPTANCE
PUBLIC ROAD EASEMENT
Pursuant to California Government Code Section 27281, this is to certify that the interest in real property granted by the Irrevocable Offer of Dedication from ARVIN BAGDASARYAN and EDUARD KARAMYAN, as joint tenants, to the City of California City, a political subdivision of the State of California, is hereby accepted by order of the City Council on the 10th of October, 2023, and the Grantee consents to the recordation thereof by its duly authorized officer.
CITY OF CALIFORNIA CITY, a political subdivision of
the State of California
Date: __________ ______________________________
Kelly Kulikoff - Mayor, City of California City
Attest,
Socorro Chavez
City Clerk, City of California City
(Attach Notary Certificates)
84 October 10, 2023
CITY COUNCIL
Consent Agenda Item:
October 10, 2023
TO: Mayor the City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Motion to approve the resolution to accept the offer of Right-of-Way dedication from Grantor Tigran Muradyan and Gayane Balasanyan as joint tenants of APN 216-010-16 to the City of California City.
………………………………………………………………………………………………………
BACKGROUND:
Developers Tigran Muradyan and Gayane Balasanyan as joint tenants have submitted an Irrevocable Offer of Dedication granting public access easement for ingress, egress, and road purposes, over and across APN 216-010-16 to the City of California City.
Grantor has submitted the required Right-of-Way dedication plats and legal descriptions and it has been approved by the City Engineer and City Planning Director.
The Public Works Department deems it in the best interest of the City of California City that the Offer of Dedication of the Road Rights-of-Way be accepted and the same become a part of the public street system of the City of California City.
RECOMMENDATION:
Motion to approve the resolution to accept the offer of Right-of-Way dedication from Grantor to the City of California City and authorize the City Engineer to transmit the Irrevocable Offer of Dedication to County’s Recorders Office for recordation.
FISCAL IMPACT:
None
ENVIRONMENTAL ACTION:
None
Attachments: Irrevocable Offer of Dedication
Resolution
CC 10.
85 October 10, 2023
86 October 10, 2023
87 October 10, 2023
88 October 10, 2023
89 October 10, 2023
RESOLUTION NO. 10-23-3002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY
ACCEPTING CERTAIN EASEMENTS FOR PUBLIC RIGHT OF WAY PURPOSES
FROM GRANTOR TIGRAN MURADYAN AND GAYANE BALASANYAN AS JOINT
TENANTS AND AUTHORIZING THE CITY ENGINEER THE RECORDATION OF THE IRREVOCABLE OFFER OF DEDICATION.
WHEREAS the City of California City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS Developer Tigran Muradyan and Gayane Balasanyan have submitted an Irrevocable Offer of Dedication granting public access easement for ingress, egress, and road purposes, over and across APN 216-010-16 to the City of California City; and WHEREAS, the developer Tigran Muradyan and Gayane Balasanyan have submitted the required Right-of-Way dedication plats and legal descriptions and it has been approved by the City Engineer and City Planning Director; and
WHEREAS The Public Works Department deems it in the best interest of the City of California City that the Offer of Dedication of the Road Rights-of-Way be accepted and the same become a part of the public street system of the City of California City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of California City by adopting this resolution does hereby state that:
1. It is now appropriate for the City of California City to accept the dedication for public use the right-of-way under Street and Highways Code Section 7050 of the Government Code as shown on the Irrevocable Offer of Dedication
2. Authorize the City Engineer to transmit the Irrevocable Offer of Dedication to County’s Recorders Office for recordation.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF OCTOBER_, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Mayor – Kelly Kulikoff
ATTEST:
Socorro Chavez
City Clerk
90 October 10, 2023
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the ___10TH_ day of __October____ 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Socorro Chavez
City Clerk
91 October 10, 2023
CERTIFICATE OF ACCEPTANCE
PUBLIC ROAD EASEMENT
Pursuant to California Government Code Section 27281, this is to certify that the interest in real property granted by the Irrevocable Offer of Dedication from TIGRAN MURADYAN and GAYANE BALASANYAN, husband, and wife, to the City of California City, a political subdivision of the State of California, is hereby accepted by order of the City Council on the __10th__ of ____October______, 2023, and the Grantee consents to the recordation thereof by its duly authorized officer.
CITY OF CALIFORNIA CITY, a political subdivision of
the State of California
Date: __________ ______________________________
Kelly Kulikoff - Mayor, City of California City
Attest,
Socorro Chavez
City Clerk, City of California City
(Attach Notary Certificates)
92 October 10, 2023
Item no: CC 11.
COUNCIL AGENDA ITEM
October 10, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Nixel Notification Service through Everbridge
BACKGROUND/ DISCUSSION:
The Police Department (PD) currently utilizes the nixel services through Everbridge to notify the public of occurrences that affects the citizens. The Public Works Water Department (PWWD) also utilizes this system. However, PWWD has utilized this service under the PD’s account for water leaks, etc. This staff report is the request to open and utilize an account belonging solely to the PPWD. This new account would also allow the services to be billed according to the departments using them.
This item is budgeted for in the 23/24 budget year in GL 51-5115-310.
FISCAL IMPACT:
Amount Requested for FY 23-24 $ 2,613.44
RECOMMENDATION:
Staff recommends that Council authorize the City Manager to enter into an Agreement with Everbridge for the FY 23-24.
ATTACHMENTS:
1. Everbridge Quote
93 October 10, 2023
Prepared for:
Kari Lee
City of California City
21130 Hacienda Blvd.
California City CA 93505-2206
United States
Ph: (760) 373-7158
Fax:
Email: [email protected]
Quotation
Quote #: Q-148177
Date: 9/28/2023
Expires On: 10/28/2023
Confidential
Salesperson: Jessica Collins
Phone:
Email: [email protected]
Contract Summary Information:
Contract Period: 12 Months
Qty Description Price
14,718 Nixle Engage USD 2,419.85
1 Calculated Set Up Fee USD 193.59
Pricing Summary:
Year One Fees: USD 2,419.85
One-time Implementation and Setup Fees: USD 193.59
Professional Services: USD 0.00
Total Year One Fees Due: USD 2,613.44
Messaging Credits Summary:
Initial Credits Allowance Additional Credits Purchased Total Credits Year 1 500,000 0 500,000
Terms & Conditions
1. This Quote and the Service(s) provided are subject to the Everbridge, Inc. Master Service Agreement current as of the date of Client’s signature
below. Please visit https://docs.everbridge.com/cdn/legal/SLG-Master-Services-Agreement-Hyperlink-v9.pdf to view the Master Service Agreement in its entirety.
2. By signing this Quote you represent that you read, understand and agree to the terms of the Master Service Agreement and are authorized on behalf of the Client to execute the Quote and bind Client to the agreement(s).
3. Messaging Credits listed above can be used for Notifications and expire at the end of each year. Consumption of Messaging Credits in excess of these amounts in any year will incur additional charges.
4. Subject to sales taxes where applicable.
5. Except for currency designation, the supplemental notes below, if any, supplied in this Quote are for informational purposes and not intended to be legally binding or override the language of the Master Service Agreement. (*Year One Fees are the total of the first year annual subscription fees and any one-time fees, i.e., Professional Services.)
94 October 10, 2023
\AID1\
Please, Sign, Date and Return:
Signature: \s2\
/s2_sign/
Date: \d2\
/s2_signdate/
Name (Print):
\n2\
/s2_fullname/ Title: \t2\
/s2_title/
Please, Sign, Date and Return:
Signature: \s1\
/s1_sign/
Date: \d1\
/s1_signdate/
Name (Print): \n1\
/s1_fullname/
Title: \t1\
/s1_title/
Everbridge, Inc.
55 North lake Avenue, Suite 900
Pasadena,CA 91101
(818) 230-9700
THANK YOU FOR YOUR BUSINESS!
95 October 10, 2023
www.everbridge.com ©2021 Everbridge, Inc. Confidential & Proprietary 1 System Inclusion Sheet may be updated by Everbridge with at least thirty (30) days’ prior written notice to Client via the Everbridge Client Portal.
For a full product description, along with best practices and product details please see the Everbridge User Guide and Everbridge University.
Everbridge Nixle – Engage
Everbridge Nixle Engage is a complete communication solution delivering maximum community impact.
Agencies can engage their communities through all channels for ultimate engagement. This solution is only available in specific countries.
Usage
+ Unlimited email messages
+ Unlimited Web messages
+ Unlimited Facebook & Twitter notifications
+ SMS notifications are subject to the Everbridge Credit Based Usage Policy.
For details, please refer to the Messaging Credits System Inclusion.
Core Platform Access
+ One (1) account with one (1) Everbridge Nixle Wire group + Unlimited administrators to initiate messages, manage groups and manage users + Unlimited users with either private or public group permissions + Unlimited administrator and user access to smart phone publishing application, Engage Bridge + Ability to access multiple accounts (alternative to Group Level Permissions) + Includes 5 keywords
Key Features
+ Message Types:
▪ Alerts Messages
▪ Advisories Messages
▪ Community Messages
▪ National Weather Service (NWS) automatic rebroadcast via email and SMS + Publishing Groups
▪ Access to Nixle Wire Group
▪ Unlimited Public Group Creation
▪ Unlimited Private Group Creation
▪ Unlimited usage of CSV Import tool
96 October 10, 2023
www.everbridge.com ©2021 Everbridge, Inc. Confidential & Proprietary 2 System Inclusion Sheet may be updated by Everbridge with at least thirty (30) days’ prior written notice to Client via the Everbridge Client Portal.
For a full product description, along with best practices and product details please see the Everbridge User Guide and Everbridge University. + Location Targeting / Geo Targeting
▪ Point & Radius
▪ City/Town Name or Zip Code
+ Messaging Formatting
▪ Multiple email attachments of PDF, DOC and image file formats (10 MB maximum) ▪ Scheduled Messaging
▪ HTML email editor
▪ Messaging and Email templates
▪ Spanish translation
+ Standard Publishing Channels
▪ Email
▪ SMS (with hyper link to Message Widget and Agency RSS feed) ▪ Push message to Everbridge Mobile App
+ Website Publishing Channels
▪ Agency website via Nixle Message Widget
▪ Registration widget for website integration
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+ Integration Publishing Channels
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97 October 10, 2023
www.everbridge.com ©2021 Everbridge, Inc. Confidential & Proprietary 3 System Inclusion Sheet may be updated by Everbridge with at least thirty (30) days’ prior written notice to Client via the Everbridge Client Portal.
For a full product description, along with best practices and product details please see the Everbridge User Guide and Everbridge University.
Set-up, Implementation & Support
+ Provision customer account including system & user set-up + Up to 3 hours of a dedicated implementation specialist during a standard implementation + 24x7x365 access to the online Nixle Support Portal
+ 24x7x365 technical support via Email & Phone
+ Dedicated Account Manager
For a full product description, along with best practices and product details please see the Everbridge User Guide and Everbridge University.
March 2021
98 October 10, 2023
CC 12.
COUNCIL AGENDA ITEM
October 10, 2023
TO: Mayor and City Council
FROM: Joe Barragan, Acting City Manager
SUBJECT: Auditor Validator Training
BACKGROUND/ DISCUSSION:
It has recently been brought to our attention that some of our previously submitted water reports to the state are invalid due to not being validated by a certified auditor prior to submission. This requirement is per Title 23, Division 2, Chapter 7 Water Loss Control & Reporting; urban retail water suppliers must submit validated distribution system water audits to the California Department of Water Resources each year.
Therefore, to correct these errors and ensure that our future reports are submitted per the Title 23 requirements, staff would like to have one staff member attend the Water Audit Validator course offered by American Water Works Association (AWWA).
This Water Audit Validator course is a 3-day webinar program designed to qualify individuals to perform Level 1 water audit validations in California. Individuals who successfully complete this course and exam will receive a Water Audit Validator certificate. This certificate is required to validate water audits and will be valid for 3 years.
This item would utilize GL 51-5115-230.
FISCAL IMPACT:
Amount Requested for FY 23-24 $ 2,100.00
RECOMMENDATION:
Staff recommends that Council authorize the City Manager to allow a staff member to attend this webinar training on 10/17/2023.
ATTACHMENTS:
1. Training Website Link
99 October 10, 2023
COUNCIL AGENDA ITEM
October 4, 2023
PREPARED BY: Joe Barragan, Acting City Manager
SUBJECT: Acting City Manager’s Report 10-4-2023
• The Fire Department is planning to host an Open House on October 28th, 2023, from 10 am to 3 pm.
• There is a planned Town Hall meeting for a discussion on the Special Parcel Tax on October 25, at 4 pm.
• There is a planned Town Hall meeting for a discussion on the report for the Water and Wastewater Rate Study on October 26, at 4 pm. • Capitol Advocacy Partners (CAP) is going to look into potential funding from the State to help with the revenue loss to the water and wastewater funds from the prison closer.
• We started replacing the lights at Central Park.
• We started the grading on CCB towards the 14 FWY.
• We had a coordination meeting for the Catalpa Project with a School District representative, the Contractor, City Engineer, and City Staff.
CM 1.
100 October 10, 2023
ITEM NO. NB 1.
COUNCIL AGENDA ITEM
OCTOBER 10, 2023
PREPARED BY: Victor Ponto, City Attorney
SUBJECT: Consideration and approval of a proposed contract for legal services between the City and Burke, Williams and Sorensen, LLP, and approval of Substitution of Attorney of the Song/Zheng matter.
BACKGROUND/ DISCUSSION
On September 20, 2023, Olivarez, Madruga Law Organization LLP (OMLO) submitted a letter to the City Manager requesting that the City Council waive the 60 day noticing requirement and allow them to resign from the position of City Attorney for California City. Based on that request, the Council had a special meeting on September 29, 2023 where the council considered OMLO’s request. After deliberations, the Council agreed to accept OMLO’s resignation. In response to that request, the Council appointed Burke Williams & Sorrensen, LLP (BWS) as their City Attorney by a vote of 4-1. Pursuant to California law, an executive position such as the City Attorney must be approved by the City Council in Open Session at a Regular Meeting.
Based on the foregoing, the Council is asked to review the proposed Legal Services Agreement between the City and the BWS. Some of the key provisions are the following:
• The proposed agreement will mirror the rates that the City had under OMLO’s agreement. Those rates are:
• $240 an hour for Partners
• $225 an hour for Of Counsel
• $225 an hour for Associates
• $194 an hour for Paralegals
101 October 10, 2023
• $75 an hour for Law Clerks
Also, the proposed agreement maintains the same provision for the City’s ability to terminate the contract and cease BWS’s services. That provision permits the City Council to terminate the agreement immediately upon a consensus vote.
Finally, BWS has provided its comprehensive insurance coverage for the service it will provide for the City. Those certificates of insurance are attached.
In addition to approval of the contract, BWS will also be filing a Substitution of Counsel for two interrelated piece of litigation – Song/Zheng. OMLO was the counsel of record for these matters, however, due to their resignation, new counsel will need to assume the litigation. BWS is prepared to handle the matters.
FISCAL IMPACT
Staff anticipates that the annual fiscal impact for the coming year may range from $600 to $800 thousand dollars. The reason there is a range is because it is difficult to anticipate the legal needs for the City for the coming year.
RECOMMENDATION
Staff recommends that the City Council approve the Legal Services Agreement between California City and BWS and the Substitution of Attorney for Song/Zheng.
ATTACHMENTS
1. BWS LEGAL SERVICES AGREEMENT
2. CERTIFICATES OF INSURANCE
3. SONG/ZHENG SUBSTITUTION OF ATTORNEY FORMS.
102 October 10, 2023
444 South Flower Street - Suite 2400
• . Los Angeles, California 90071-2953
voice 213.236.0600 -fax 213.236.2700
BURKE, WILLIAMS&SORENSEN, LLP VJWVJ.bti^JSIaW.CO171
Direct No.: 213.236.2818
[email protected]
October 4, 2023
Mayor Kelly Kulikoff
City of California City
21000 Hacienda Boulevard
California City, CA 93505
Re: Retainer Agreement for Legal Services
Dear Mayor Kulikoff:
We are pleased to represent City of California City with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP ("Burke") and City of California City ("Client") agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation or the matters described herein.
1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed opy of this Agreement. The effective date of this Agreement will be October ~, 2023.
2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment "A" to this Agreement. No representation outside of the matters set forth in Attachment "A" to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment "A" to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. If a court action is filed, Burke will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.
4889-6213-5939 v1
Los Angeles —Inland Empire — P;larin County —Oakland —Orange County —Palm Desert —San Diego —San Francisco —Silicon Valley —Ventura County 103 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
3. CLIENT'S DUTIES. Client agrees to be truthful with Burke, to cooperate, to keep Burke informed of any information or developments which may come to Client's attention, to abide by this Agreement, to pay Burke's bills on time, and to keep Burke advised of Client's address, telephone number, and whereabouts. Client will assist Burke in providing necessary information and documents and will appear when necessary at legal proceedings.
4. CONFLICTS OF INTEREST. Before accepting representation of Client, Burke has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between Client and any other person or entity that would bar Burke from representing Client in general or in any of the specific matters listed in Attachment "A". Burke has reviewed this issue in accordance with the Rules of Professional Conduct adopted in California. Burke believes that those rules, rather than the rules of any other jurisdiction, are applicable to Client's representation. Client's execution and return of the enclosed copy of this letter represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California to any and all representation arising under this Agreement.
5. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Burke's prevailing rates for all time spent on Client's matter by Burke's legal personnel. Current hourly rates for legal personnel are set forth in Attachment "B" to this Agreement.
Burke's rates are subject to change on 30 days' written notice to Client. Rates shall automatically increase annually on January 1 of each year as set forth in Attachment "B" to this Agreement. If Client declines to pay increased rates, Burke will have the right to withdraw as attorney for Client.
The time charged will include the time Burke spends on telephone calls relating to Client's matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Burke will charge for waiting time in court and elsewhere and for travel time, both local and out-of-town.
4889-6213-5939 v1
104 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
6. COSTS AND OTHER CHARGES.
(a) Burke will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include: service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees, unavoidable administrative staff and secretarial overtime, and other similar items.
Except for the items listed below, all costs and expenses will be charged at Burke's cost.
In-office photocopying/page: $ .20
In-office color photocopying/page $ 1.00
Facsimile charges/page: $ 1.00
Mileage/mile: $ .655 (per IRS notices)
Other:
(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Burke's personnel. Client will also be charged the hourly rates for the time legal personnel spend traveling. (c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. Client agrees to pay such fees and charges. Burke will select any expert witnesses, consultants, investigators or support services to be hired, and Client will be informed of persons chosen and their charges.
Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of Client.
7. BILLING STATEMENTS. Burke will send Client periodic statements for fees and costs incurred. Each statement will be payable within 30 days of its mailing date. Client may request a statement at intervals of less than 30 days. If Client so requests, Burke will provide one within 10 days. The statements shall include the 4889-6213-5939 v1
105 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
8. INTEREST CHARGES. If a billing statement is not paid by its due date, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest from the date of the invoice until paid.
9. INSURANCE. Burke maintains a comprehensive insurance program with high limits through carriers which are rated A or A+ by A. M. Best rating service. The General Liability Policy provides primary limits of $1 Million per Occurrence, including Personal Injury, followed by a $10 Million Umbrella Policy limit. Where indemnification is required, the firm's policy includes contractual liability, blanket additional insured provisions, primary and non-contributory wording, severability of interests, and blanket waiver of subrogation (applicable to the workers compensation policy, which is listed at no less than $1 Million). As the firm owns no automobiles, liability coverage is written to include hired or non-owned autos which may be used by the firm or its employees.
The Lawyers Professional Indemnity program provides no less than $5 Million in coverage for each claim and no less than $10 Million in the aggregate for all claims made during the policy period in connection with acts by or on behalf of the firm by its attorneys, employees and others in the firm's capacity as Attorneys, Counselors at Law, or Notaries; subject to the policy's terms, conditions, exclusions and limitations.
10. LIEN. Client hereby grants Burke a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to Burke at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Burke may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Burke has been discharged before the end of the case. Because a lien may affect Client's property rights, Client may seek the advice of an independent lawyer of Client's choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and—whether or not Client has chosen to consult such an independent lawyer— Client agrees that Burke will have a lien as specified above. (Client Initial Here) W (Burke Initial Here)
►f ~s~:a:~~K~~:x~;r~i
106 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Keily Kulikoff
October 4, 2023
11. DISCHARGE AND WITHDRAWAL. Client may discharge Burke at any time. Burke may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this Agreement, refusal to cooperate or to follow Burke's advice on a material matter or any fact or circumstance that would render Burke's continuing representation unlawful or unethical. When Burke's services conclude, all unpaid charges will immediately become due and payable. After services conclude, Burke will, upon Client's request, deliver Client's file, and property in Burke's possession unless subject to the lien provided in Paragraph 10 above, whether or not Client has paid for all services.
12. DOCUMENT RETENTION POLICY. Client is entitled upon written request to any files in Burke's possession relating to the legal services performed by Burke for Client, excluding Burke's internal accounting records and other documents not reasonably necessary to Client's representation, subject to Burke's right to make copies of any files withdrawn by Client. Once a matter is concluded, Burke will close the file, and Client will receive notice thereof. Client's physical files may be sent to storage offsite, and thereafter there may be an administrative cost for retrieving them from storage. Thus, it is recommended that Client request the return of a file at the conclusion of a matter. Under Burke's document retention policy, Burke normally destroys files five (5) years after a matter is closed, unless other arrangements are made with Client.
All client-supplied materials and all attorney end product (referred to generally as "client material") are the property of Client. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of Burke. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-client correspondence and conflicts materials.
After the close of a matter, Burke will notify Client of any client materials that remain in Burke's possession. Client will be invited to retrieve these client materials within 45 days of notice, or Client may direct Burke to forward the client materials to Client, at Client's expense. If within 45 days of this notice Client fails to retrieve the client materials or request Burke to forward them, Client authorizes Burke to destroy the client materials.
After the 45-day period, Burke will, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any client materials that remain with Burke. 4889-6213-5939 v1
107 October 10, 2023
BURKE, WILLIAMS&SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
13. TECHNOLOGY. At its discretion, unless otherwise stated, Burke will employ technology to facilitate electronic discovery. This may include scanning of paper documents, culling of documents, converting electronically stored information into a format suitable for review, the usage of electronic review software, etc. Applicable associated costs, including electronic storage and transfer costs, will be billed to Client.
14. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Burke's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Burke makes no such promises or guarantees. Burke's comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees may vary from estimates given.
15. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL. If a dispute arises out of or relating to any aspect of this Agreement between Client and Burke, or the breach thereof, and if the dispute cannot be settled through negotiation, Burke and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect your right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients. However, should discussions, mediation or the non-binding arbitration provided through a local bar association program not resolve the dispute, the dispute shall be determined by binding arbitration before the American Arbitration Association under its then prevailing commercial arbitration rules, except that discovery may be taken in that arbitration pursuant to the California Code of Civil Procedure. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.
The arbitration shall be held in Los Angeles, California, unless we mutually select another venue, and judgment may be entered upon the arbitrator's award by any court having jurisdiction. Should you refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented. You should realize that by accepting the arbitration provision, YOU WILL WAIVE YOUR RIGHT TO A JURY TRIAL AND THE
RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR'S DECISION.
(Client Initial Here) (Burke Initial Here)
4889-6213-5939 v1
108 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
16. ATTORNEYS' FEES CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.
20. EFFECTIVE DATE. This Agreement will govern all legal services performed by Burke on behalf of Client commencing with the date Burke first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Burke the reasonable value of any services Burke may have performed for Client. :~ ~:~:a:~~K~:x~r~
109 October 10, 2023
BURKE, WILLIAMS&SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
DATED:
DATED: IU y ?i3
Enclosure: return copy
CITY OF CALIFORNIA CITY
By:
Kelly Kulikoff
Mayor
Address: 21000 Hacienda Boulevard
California City, CA 93505
Telephone: 760.373.8661
BURKE, WILLIAMS & SORENSEN, LLP
By: ~-
ohn . We sh
a ing P rtner
4889-6213-5939 v1
110 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
Attachment "A" —CITY ATTORNEY SERVICES FOR THE CITY OF CALIFORNIA CITY Burke's services will include legal counsel services related to litigation, liability, personnel and any other services, as requested by the City Council.
Burke shall perform any and all work necessary for the provision of legal counsel, when specifically requested by the City Council, including:
A. Attend various City Council or Planning Commission meetings as requested; and
B. Provide legal advice, written legal opinions, and consultation, as needed on matters affecting litigation, liability, personnel and any other services, as requested; and
C. Be available for telephone consultation with the City Council and Client staff; and
D. Prepare or review necessary agreements and related documents regarding litigation, liability, personnel and any other legal services, as requested by the City Council.
E. Burke will keep the City Council informed as to the progress and status of all pending matters in accordance with such procedures as the City Council may establish from time to time. Burke is expected to manage, control and oversee the delivery of legal services in a competent, professional, and cost-effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned.
F. All legal services shall be coordinated under the direction of the City.
Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City, at any time, to assign or reassign matters to or from Burke.
4889-6213-5939 v1
111 October 10, 2023
BURKE, WILLIAMS & SORENSEN, LLP
Mayor Kelly Kulikoff
October 4, 2023
Attachment "B"
Rates for Attorneys and other timekeepers through December 31, 2024. $240 Partners
$225 Of Counsel
$225 Associates
$195 Paralegals
$75 Law Clerks
Effective each January 1, the foregoing base rates shall be increased based on the U.S. Department of Labor Bureau of Labor Statistics Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers ("CPI-U"), using the CPI-U for each prior October as the base and the value to escalate the hourly rates in the ratio of the most recent October CPI-U value, rounded up to the nearest $5 increment.
The U.S. Dept. of Labor Bureau of Labor Statistics (BLS) website will be the source of the data utilized (if the URL is changed, the parties shall agree on the replacement web page to be as close as reasonably possible to the page detailed herein):
http://data.bls.gov/PDQ/servleUSurveyOutputServlet?data tool=dropmap&series id=CUURA421SA0,CUUSA421SA0 4889-6213-5939 v1
112 October 10, 2023
10/02/2023
Stanton and Associates Inc.
ISU Stanton & Associates
3625 Thousand Oaks Blvd #292
Westlake Village CA 91362
Kasey Litz
(805) 413-1498 (805) 435-3737
[email protected]
Burke, Williams & Sorensen, LLP
444 S. Flower St., Suite 2400
Los Angeles CA 90071
Hartford Fire Insurance Company 19682
Hartford Casualty Insurance Company 29424
Property & Casualty Insurance Co. of Hartford 34690
23-24 City
A 72UUNUR4713 08/01/2023 08/01/2024
1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
A 72UENCG7716 08/01/2023 08/01/2024
1,000,000
B
10,000
72XHUUR4585 08/01/2023 08/01/2024
10,000,000
C 72WEAB2915 08/01/2023 08/01/2024 1,000,000
1,000,000
1,000,000
Hartford CGL policy form HG0001 includes Additional Insured status, Primary and Non-Contributory wording, and Waiver of Subrogation where required by written contracts.
IH 0303 - 30 Day NOC applies
CG2026 – Additional Insured – Designated Person or Organization WC 990394 – 30-Day Notice of Cancellation to Certificate Holders WC040306 – WC Waiver of Subrogation
City Manager; City of California City
21000 Hacienda Blvd
California City CA 93505
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
113 October 10, 2023
SUBSTITUTION OF ATTORNEY—CIVIL
(Without Court Order)
THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): makes the following substitution:
1. Former legal representative Party represented self Attorney (name):
2. New legal representative Party is representing self* Attorney a. Name: b. State Bar No. (if applicable):
c. Address (number, street, city, ZIP, and law firm name, if applicable):
d. Telephone No. (include area code):
plaintiff defendant petitioner respondent other (specify):
*NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES
• Guardian • Personal Representative • Guardian ad litem • Conservator • Unincorporated
• Trustee • Corporation association
If you are applying as one of the parties on this list, you may NOT act as your own attorney in most cases. Use this form to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF.
NOTICE TO PARTIES WITHOUT ATTORNEYS
A party representing himself or herself may wish to seek legal assistance. Failure to take timely and appropriate action in this case may result in serious legal consequences.
4. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY)
5. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF FORMER ATTORNEY)
6. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF NEW ATTORNEY)
(See reverse for proof of service by mail)
Code of Civil Procedure, §§ 284(1), 285;
Cal. Rules of Court, rule 3.1362
www.courtinfo.ca.gov
SUBSTITUTION OF ATTORNEY—CIVIL
(Without Court Order)
3. The party making this substitution is a
• Probate fiduciary
Form Adopted For Mandatory Use
Judicial Council of California
MC-050 [Rev. January 1, 2009]
MC–050
FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CASE NUMBER:
Burke Williams & Sorensen, LLP
Victor Ponto/SBN 284005
1770 Iowa Avenue, Suite 240
Riverside, California 92507-2479
(951) 788-0100 (951) 788-5785
[email protected]
Defendants
Kern
1215 Truxtun Avenue
1215 Truxtun Avenue
Bakersfield, CA 93301
Kern County
Song v. California City, et al.
City of California City, et al.
Olivarez Madruga/Victor Ponto
Victor Ponto 284005
Burke, Williams & Sorensen, LLP - 1770 Iowa Avenue, Suite 240, Riverside, California 92507-2479 (951) 788-0100
City of California City, California City Fire Department, Jeremy Kosick October , 2023
Victor Ponto
October , 2023
Victor Ponto
BCV-22-103326
Consolidated with BCV-103394 (BCB)
114 October 10, 2023
CASE NAME: CASE NUMBER:
PROOF OF SERVICE BY MAIL
Substitution of Attorney—Civil
Instructions: After having all parties served by mail with the Substitution of Attorney—Civil, have the person who mailed the document complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the document. Give the Substitution of Attorney—Civil and the completed Proof of Service by Mail to the clerk for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify):
I served the Substitution of Attorney—Civil by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid. (2) Place of mailing (city and state):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED a. Name of person served:
c. Name of person served:
e. Name of person served:
g. Name of person served:
i. Name of person served:
List of names and addresses continued in attachment.
SUBSTITUTION OF ATTORNEY—CIVIL Page 2 of 2
(Without Court Order)
MC-050 [Rev. January 1, 2009]
1. 2.
3. b. Address (number, street, city, and ZIP):
d. Address (number, street, city, and ZIP):
f. Address (number, street, city, and ZIP):
h. Address (number, street, city, and ZIP):
j. Address (number, street, city, and ZIP):
(1 ) Date of mailing:
4. MC–050
Song v. California City, et al.
115 October 10, 2023
SUBSTITUTION OF ATTORNEY—CIVIL
(Without Court Order)
THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): makes the following substitution:
1. Former legal representative Party represented self Attorney (name):
2. New legal representative Party is representing self* Attorney a. Name: b. State Bar No. (if applicable):
c. Address (number, street, city, ZIP, and law firm name, if applicable):
d. Telephone No. (include area code):
plaintiff defendant petitioner respondent other (specify):
*NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES
• Guardian • Personal Representative • Guardian ad litem • Conservator • Unincorporated
• Trustee • Corporation association
If you are applying as one of the parties on this list, you may NOT act as your own attorney in most cases. Use this form to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF.
NOTICE TO PARTIES WITHOUT ATTORNEYS
A party representing himself or herself may wish to seek legal assistance. Failure to take timely and appropriate action in this case may result in serious legal consequences.
4. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY)
5. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF FORMER ATTORNEY)
6. I consent to this substitution.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF NEW ATTORNEY)
(See reverse for proof of service by mail)
Code of Civil Procedure, §§ 284(1), 285;
Cal. Rules of Court, rule 3.1362
www.courtinfo.ca.gov
SUBSTITUTION OF ATTORNEY—CIVIL
(Without Court Order)
3. The party making this substitution is a
• Probate fiduciary
Form Adopted For Mandatory Use
Judicial Council of California
MC-050 [Rev. January 1, 2009]
MC–050
FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CASE NUMBER:
Burke Williams & Sorensen, LLP
Victor Ponto/SBN 284005
1770 Iowa Avenue, Suite 240
Riverside, California 92507-2479
(951) 788-0100 (951) 788-5785
[email protected]
Defendants
Kern
1215 Truxtun Avenue
1215 Truxtun Avenue
Bakersfield, CA 93301
Kern County
Zheng v. California City, et al.
City of California City, et al.
Olivarez Madruga/Victor Ponto
Victor Ponto 284005
Burke, Williams & Sorensen, LLP - 1770 Iowa Avenue, Suite 240, Riverside, California 92507-2479 (951) 788-0100
City of California City, California City Fire Department, Jeremy Kosick October , 2023
Victor Ponto
October , 2023
Victor Ponto
BCV-22-103326 (BCB)
116 October 10, 2023
CASE NAME: CASE NUMBER:
PROOF OF SERVICE BY MAIL
Substitution of Attorney—Civil
Instructions: After having all parties served by mail with the Substitution of Attorney—Civil, have the person who mailed the document complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the document. Give the Substitution of Attorney—Civil and the completed Proof of Service by Mail to the clerk for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.
I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify):
I served the Substitution of Attorney—Civil by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid. (2) Place of mailing (city and state):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED a. Name of person served:
c. Name of person served:
e. Name of person served:
g. Name of person served:
i. Name of person served:
List of names and addresses continued in attachment.
SUBSTITUTION OF ATTORNEY—CIVIL Page 2 of 2
(Without Court Order)
MC-050 [Rev. January 1, 2009]
1. 2.
3. b. Address (number, street, city, and ZIP):
d. Address (number, street, city, and ZIP):
f. Address (number, street, city, and ZIP):
h. Address (number, street, city, and ZIP):
j. Address (number, street, city, and ZIP):
(1 ) Date of mailing:
4. MC–050
Zheng v. California City, et al.
117 October 10, 2023
ITEM NO. NB 2.
CITY COUNCIL AGENDA ITEM
October 10, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Balsitis Park
BACKGROUND/ DISCUSSION
During the September 12, 2023 City Council meeting, Mayor Kulikoff requested this item on the September 26, 2023 City Council meeting agenda. During the September 26, 2023 City Council meeting, this item was requested on the October 10, 2023 City Council meeting agenda.
City Council gave City Manager direction in 2020 and 2021 to maintain Balsitis Park after the 2020 volunteer cleanup. The park hasn’t been adequately maintained and was even worse than it had been before the 2020 volunteer cleanup during the 2023 volunteer cleanup. This discussion item is being brought to City Council attention to determine what to do with Balsitis Park. It can’t continue to be overlooked. If we’re going to have neighborhood and pocket parks in our community, then they must be properly maintained.
FISCAL IMPACT
Minimal fiscal impact for discussion.
COUNCIL OPTIONS
As per City Council direction.
RECOMMENDATION
As per City Council direction
ATTACHMENTS
NONE.
118 October 10, 2023
ITEM NO. NB 3.
CITY COUNCIL AGENDA ITEM
October 10, 2023
PREPARED BY: Mayor Kulikoff
SUBJECT: Grand Jury Report and Findings
BACKGROUND/ DISCUSSION
During the September 26, 2023 City Council meeting, Mayor Kulikoff requested this item on the September 10, 2023 City Council meeting agenda.
The 2021-2022 Kern County Grand Jury report and findings are attached for City Council discussion. A response was submitted to the Grand Jury from the City of California City.
City Council to determine if anything still needs to be addressed and, if so, what direction should be given to the City Manager.
FISCAL IMPACT
Minimal fiscal impact for discussion.
COUNCIL OPTIONS
As per City Council direction.
RECOMMENDATION
As per City Council direction
ATTACHMENTS
GRAND JURY REPORT 2021-2022
GRAND JURY CITY RESPONSE TO REPORT 2021-2022
119 October 10, 2023
THE CITY OF CALIFORNIA CITY
A Time to Come Together, 2.0
SUMMARY:
The City of California City (Cal City) has endured much public scrutiny in regard to how it has been managed by various city managers, finance, public works directors and city council members. In fact, a 2018 newspaper article highlighted the acrimony at a farewell ceremony for the out-going mayor and the welcoming of the new mayor and council:
GAVEL DOWN: INCOMING MAYOR AND COUNCIL GET A TASTE OF WHAT AWAITS THEM WITH THE BUDGET:
…Last Tuesday night’s City council meeting was the last one that [out-going mayor] officially “gaveled in” to start and “gaveled out” to finish as [out-going mayor’s] tour of duty as mayor of California City comes to a close. …one might think that as a matter of appreciation and manners that might have spared [out-going mayor] a raucous next to last council meeting, but then one would be wrong. Of course there was the usual tit-for-tat back-and-forth…squabbles on the dais remain even down to the wire, as was evidenced last Tuesday as a condensed window into city management headaches opened for all to see.…Meanwhile, the incoming council members[names omitted]…sat in horror watching what awaits them in a mere two weeks.
The 2021-2022 Kern County Grand Jury (Grand Jury) has been tasked with investigating a compound complaint (Complaint) from a concerned resident. Indeed, the Complaint details 46 areas of concern which include water rates, water main replacement issues, missing water and sewer funds, accounting irregularities of the Tierra Del Sol Golf Course (TDS) and Proposition 218 (Prop 218) non-compliance. Concerned residents’ state City Officials do not respond to the issues they raise.
Preliminary research into the complaint reveals some areas of concern while other areas are readily explained. At the outset, one thing is certain—Cal City needs stability and strong, ethical, dedicated leadership.
PURPOSE OF INQUIRY:
California Penal Code §925(a), authorizes the Grand Jury to investigate complaints as well as the general organization and operations of cities in Kern County. To that end, the Grand Jury investigated this Complaint.
METHODOLOGY:
The Grand Jury conducted interviews with Cal City Officials and concerned citizens. Cal City agendas, minutes and financial statements were studied as well as previously published Grand 120 October 10, 2023
Jury reports. Also reviewed was internet information regarding Prop 218 and California Waste and Sewer laws.
DISCUSSION OF FACTS:
Proposition 218
One recurring issue in the Complaint is that Cal City did not comply with Prop 218 when it raised water rates and failed to pay its water bill. In November 1996, California voters passed Prop 218, the “Right to Vote on Taxes Act.” This act protects taxpayers by limiting the methods by which local governments create or increase taxes, fees, and charges without taxpayer consent.
Prop 218 requires:
All local governments to get majority voter approval for new and increased general taxes. The use of general taxes requires majority voter approval, to general-purpose governments i.e., cities and counties. School districts are not allowed to levy a general tax.
Stricter rules on benefit assessments so that, by definition, they must be calculated based on the benefit received by the parcel because of the project financed. Prop 218 created stricter rules for initiating or increasing benefit assessments. Now, an agency must determine the specific benefit the project will have on individual parcels. A general enhancement to property values can no longer serve as the benefit. Agencies put all assessments, charges, and usage fees out to a vote prior to creation or increase. In most cases, the vote will require individual notices be mailed to affected property owners followed by a formal protest hearing, which is required to move forward with the charge or increase.
Restrictions on Use of Fees. Prohibits local governments from imposing fees on property owners for services that are available to the public at large, i.e., garbage collection, sewer service. Fees charged may not exceed the cost of providing the service. Government agencies i.e., cities and counties, must pay their fair share of a benefit assessment, if the property receives benefit from the project or service financed.
Essentially, cities and counties must pay for their water and sewer. Government Agencies give voters the power to repeal. Allow voters the authority to reduce or repeal any existing local tax, assessment, or charge through the initiative process.
According to previous Cal City Officials, as cited in the 2014-2015 Kern County Grand Jury report, CALIFORNIA CITY, Proposition 218 and Water in the Desert:
Finding 2: Water engineering studies calling for a rate increase have been completed. The water customers were notified per Proposition 218 and given proper time to protest.
Approximately 20 letters of protest have been received. Several customers from the community protested at the City Council meetings. While there was a limited protest regarding the increased rates, most water customers were silent.
121 October 10, 2023
On April 7, 2022, this Grand Jury attempted to verify Finding 2 and requested documentation from the Cal City Clerk’s Office that Prop 218 was complied with. No documentation or evidence of compliance has been produced. Cal City Officials state, to their knowledge as advised by their legal counsel, Prop 218 has been adhered to. As of May 1, 2022, Cal City has not been able to locate rate increase notices sent to residents and there are no City Council meeting minutes that document the protest votes.
The City Council members are not well versed on Prop 218 and is not aware of how it must be adhered to.
Per Prop 218, cities must pay for their water and sewer. Since 2014, Cal City has paid for water and sewer, but there is no documentation that sewer and water were paid prior to that.
The Grand Jury also noted the following:
Water Line Replacement
A. Cal City has water, lots of it. It sits on a natural aquifer that is estimated to provide water to residents for several generations. The problem is the pipes—steel water lines, installed in the early 1960s, have rusted, are failing and are desperately in need of replacement.
B. In 2002, a Master Water Plan was adopted by the City Council to replace the water lines and recommended that replacement be phased in over 10 to 15 years. $20.4 million in water standby fees was secured, half of which was intended for water main replacement. Additionally, the 2004-2006 Measure L parcel tax collected $1.278 million for water main replacement.
C. As of April 2022, twenty years later, only 10% of the water lines have been replaced.
Cal City Officials recognize that this is largely due to bad or incomplete management and lack of accountability because of constant turnover of city managers, finance directors and public works directors.
D. Cal City Officials state water line blowouts are another contributing factor for the slow water line replacement process:
A blow out is a line hemorrhage that takes approximately five hours to repair. Cal City is averaging three blowouts per week. In one week, they had 10. Public Works has approximately 30 positions, 16 are devoted to water line maintenance and repair, and on call 24/7.
The water line blowouts and maintenance issues consume the majority of person-hours, leaving little time for water line replacement.
E. The Cal City Council is in the process of taking bids from private contractors to complete the water line replacements. This will be a dedicated work team, not employed by the city, whose sole purpose would be to replace the water lines. 122 October 10, 2023
Accounting and Financials
F. The Complaint also alleges there is inappropriate General Ledger accounting practices, missing and the comingling of funds:
The 2017-2018 and the 2019-2020 Grand Jury reports on Cal City detailed accounting irregularities.
An independent audit of Cal City’s finances has not been conducted since 2019.
In 2020, the Certified Public Accountant (CPA) firm retained by Cal City to conduct the annual audit, advised that Cal City’s books were unauditable.
This was due to constant turnover of the City Manager and Finance Director positions. The CPA firm has been working, in the capacity of advisor, to bring the Cal City books up to par. The CPA advisor states Cal City should be auditable by June 1, 2022.
In May 2021, Cal City was seized by a ransomware cyber-attack, which lasted seven weeks. Accounting systems were affected, and debits and credits were not properly kept.
A letter from a concerned resident to the City Council states there was $475,000 missing from the Water and Sewer Enterprise Fund for May 2021.
However, the CPA contracted advisor states, the money is not missing but appears to be missing due to accounting irregularities. The ransomware attack also complicated the problem.
The 2021-2022 budget was not adopted until December 2021; however, the fiscal year began July 1, 2021, and ends June 30, 2022. Cal City Officials state, the budget was late due to changes in city manager and finance director positions and because there was disagreement amongst the individual City Council members on how the monies should be allocated. The difficulties with the unauditable state of Cal City’s books were also a factor. As of June 30, 2021, the Fire Department is over budget and supplemented with reserves.
As of June 30, 2021, the Airport is over budget and supplemented with reserves.
As of June 30, 2021, the Police Department is over budget and supplemented with reserves.
As of June 30, 2021, TDS is $450,000 over budget and has an overall arears of $2.46 million:
o TDS is managed by a volunteer who organizes the green fees in an attempt to help salvage TDS.
o TDS has a clubhouse but no restaurant.
o The current green fee activity is not enough to support TDS.
G. The Complaint also expressed concerns about a real estate purchase authorized by the City Council in 2021. On September 3, 2021, in anticipation of expanding the city’s 123 October 10, 2023
Wastewater Treatment Plant (WWTP) to accommodate the local prison expansion, the City Council voted to purchase 120 acres of land for $450,000 that had an assessed value of $116,900. The appraised value, at the time of purchase, is not known. Prison authorities confirmed there are no plans to expand the prison; that in the past two years there have never been plans to expand.
H. In the past ten years, Cal City has had a high turnover in department heads beginning with the City Manager. On April 28, 2022, the Cal City Fire Chief was the only permanent department head on staff. The City Manager, Finance Director, Public Works Director, and City Attorney were all filled with “interim” personnel.
I. In the past three years, Cal City has paid approximately $3 million in wrongful termination settlements and attorney fees.
J. On May 2, 2022, the City Council swore in a new City Manager.
FINDINGS:
F1. To describe Cal City’s leadership as being in “crisis mode,” is an understatement.
The City of California City’s leadership must be stabilized with qualified department heads for Cal City to survive. The practice of filling leadership positions with interim staff is not sufficient for long-term good governance.
F2. The new City Manager and the current City Council must bridge the communication divide that exists between them and the concerned residents. Cal City would benefit if all comments, concerns, or complaints were addressed and discussed by the City Council and the City Manager, for fact and truth to prevail over anger and emotion.
F3. The City Council’s lack of knowledge regarding Proposition 218 must be remediated. It is the City Council’s responsibility to assure that Prop 218 is followed and implemented.
F4. Cal City’s water line replacement program can only be described as derelict and incompetent. Previous City Officials have continually passed the buck. The “buck” needs to stop somewhere.
F5. The current City Council and the City Manager believe, the “buck” must stop with them. They are in the process of adopting a good plan that will eventually complete all the water line replacements.
F6. To describe Cal City’s general ledger and financial position as unauditable is shocking. Cal City must move on from past mismanagement and solve this dilemma.
124 October 10, 2023
F7. The TDS golf course may be an unrealistic dream. However, dreams must be separated from reality. Mired in debt and low green fee revenue, a grass-roots effort from the community may be needed to save it. As it stands, TDS may not be salvageable.
F8. It appears the land purchase for the WWTP expansion was done on a rumor that local prison expansion was imminent; that the WWTP expansion was necessary to accommodate its growth. In essence, an if we build it, they will come reasoning was incorporated into the land purchase.
F9. The $3 million in wrongful termination settlements and attorney fees paid by Cal City demonstrates a major shortcoming in Cal City’s hiring and termination policies.
Cal City management and the City Council would benefit from basic Human Resource law training.
F10. The lack of an experienced Human Resources Director has contributed to the large wrongful termination settlements.
COMMENTS:
In this report, three previous Grand Jury reports were referenced; a fourth is needed for context and balance. The 2018-2019 Grand Jury report, THE CITY OF CALIFORNIA CITY, “A Time to Come Together,” looked into resident complaints of fraud and collusion regarding the Measure “C” parcel tax election. The Grand Jury conducted numerous interviews, researched election law, and traveled to Cal City to observe the ballot counting procedure, and concluded Cal City ran a well-organized, legal, stand-alone election. Resident complaints of fraud and collusion, although well intended, were unfounded.
It must be stressed, communication between concerned residents and City Officials must improve in order to separate fact from anger and emotion. The subtitle for this current report is, “A Time to Come Together, 2.0.” The City Manager’s office and the City Council realize the “buck” must stop with them—they must make every effort to respond to each complaint they receive. Equally, the residents of Cal City, especially those who regularly criticize and complain, must agree to thoroughly listen and give the new City Manager and new department heads a chance to rectify the problems Cal City faces.
RECOMMENDATIONS:
R1. The City Council should empower the City Manager to fill all director positions with permanent and qualified individuals by September 30, 2022. (Finding 1) R2. Outside of city business meetings, the City Manager and City Council should schedule quarterly open town hall meetings, by September 30, 2022, with concerned residents; the goal being to improve communication and separate fact from emotion and anger. (Finding 2)
125 October 10, 2023
R3. By December 31, 2022, the City Council should complete in-service training on Proposition 218 legislation and review Proposition 13, the original Howard Jarvis Tax Initiative, which led to Prop 218. (Finding 3)
R4. By June 30, 2023, the City Council should complete the bidding process and hire a private contractor to finish the water line replacements. (Finding 4) R5. Under the direction of a qualified Finance Director, the City Council should assure Cal City’s General Ledger is organized (per Generally Accepted Accounting Practices), so an independent financial audit can be completed by the end of every fiscal year. (Finding 6)
R6. By March 1, 2023, the City Council should commission a feasibility study to determine adequate green fees to charge TDS users. The study should also determine if private sponsorships and government/corporate grants are available. (Finding 7)
R7. By March 2024, if the TDS financial picture is not on an upward trend, Cal City should prepare to lease, sell, or divest itself from the property. (Finding 7) R8. By March 2023, the City Council should complete an ethics course in human resource law and training in the California Fair Employment and Housing Act, the Fair Labor Standard Act, and the Americans with Disabilities Act. (Finding 9) R9. By December 31, 2022, the City Council should contract with a private agency that specializes in human resource/personnel matters, to advise their human resource employment and termination practices. (Findings 9 and 10) NOTES:
• The City of California City should post a copy of this report where it will be available for public review.
• Persons wishing to receive an email notification of newly released reports may sign up at:
www.kerncounty.com/grandjury
• Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE § 933, SUBD. (C) AND 933.05 WITHIN 90 DAYS TO:
126 October 10, 2023
PRESIDING JUDGE
KERN COUNTY SUPERIOR COURT
1415 TRUXTUN AVENUE, SUITE 212
BAKERSFIELD, CA 93301
FOREPERSON
KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
127 October 10, 2023
128 October 10, 2023
129 October 10, 2023
130 October 10, 2023
CITY COUNCIL
DATE: October 10, 2023
TO: Mayor and City Council
FROM: Victor Ponto, City Attorney
SUBJECT: Introduction of Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code
_____________________________________________________________________________________
BACKGROUND
California City Municipal Code Section 2-1.406(b) states that all closed session meetings of the City Council are to be recorded and kept for a total of five years. Closed sessions authorized under the Ralph M. Brown Act (“The Act”) are conducted outside the purview of the general public due to the confidential nature of the information that is shared in such meetings. The legislature intended for the information to be kept confidential due to the need for public agencies to protect certain interests that are not best served by public disclosure. These meetings are generally not recorded as The Act prescribes the manner in which actions and decisions are to be reported out to the public.
RECOMMENDATION
Staff recommends that the City Council introduce Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code, provide first reading by title only and waiver further reading.
ENVIRONMENTAL REVIEW
N/A.
ATTACHMENTS:
Ordinance No. 23-806
Resolution No. 10-23-3003
NB 4.
131 October 10, 2023
ORDINANCE NO. 23-806
AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 2-1.406 [CLOSED SESSIONS] OF ARTICLE 4 [MEETINGS] OF CHAPTER 1 [CITY COUNCIL] OF TITLE 2 [ADMINISTRATION] OF THE CITY OF CALIFORNIA
CITY MUNICIPAL CODE
WHEREAS, the Ralph M. Brown Act authorizes public agencies to meeting in closed sessions; and
WHEREAS, closed sessions are conducted outside of the public view and discuss confidential information; and
WHEREAS, such information is not to be disseminated to the public and to be kept confidential; and
WHEREAS, the Ralph M. Brown Act prescribes the manner in which actions taken in closed session are to be reported out to the public; and WHEREAS, Section 2-1.406(b) (Closed Sessions) of the City of California City Municipal Code requires that closed sessions be recorded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council of the City of California City finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. AMENDMENT OF SECTION 2-1.406(B) OF ARTICLE 4 OF CHAPTER 1 OF TITLE 2 OF THE CALIFORNIA CITY MUNICIPAL CODE.
Section 2-1.406 (Closed Sessions) of Article 4 of Chapter 1 of Title 2 of the City of California City Municipal Code is hereby amended to read as follows with deletions marked in strikethrough:
(a) The Council and its advisory bodies may conduct closed sessions as authorized by the Ralph M. Brown Act.
(b) Closed sessions of the Council shall be recorded, and recordings shall be kept for a total of five years. Closed session recordings shall not be subject to public disclosure except as authorized under state law.
SECTION 3. SEVERABILITY.
132 October 10, 2023
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 5. CITY CLERK ACTION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED AND ADOPTED by the City Council of the City of California City on the __ day of _________, 2023.
______________________________________
Kelly Kulikoff, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney Socorro Chavez, City Clerk 133 October 10, 2023
STATE OF CALIFORNIA)
COUNTY OF KERN )
CITY OF CALIFORNIA CITY)
I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 23-806, was introduced at a regular meeting of the City Council of the City of California City held on the __ day of ________, 2023, and was passed by the City Council of the City of California at a regular meeting held on the __ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Socorro Chavez, City Clerk
134 October 10, 2023
RESOLUTION NO. 10-23-3003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY AMENDING SECTION 2-1.406 (CLOSED SESSIONS) OF ARTICLE 4 (MEETINGS) OF CHAPTER 1 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION) OF THE
CALIFORNIA CITY MUNICIPAL CODE
WHEREAS, the Ralph M. Brown Act authorizes public agencies to meeting in closed sessions; and
WHEREAS, closed sessions are conducted outside of the public view and discuss confidential information; and
WHEREAS, such information is not to be disseminated to the public and to be kept confidential; and
WHEREAS, the Ralph M. Brown Act prescribes the manner in which actions taken in closed session are to be reported out to the public; and WHEREAS, Section 2-1.406(b) (Closed Sessions) of Article 4 (Meetings) of Chapter 1 ( City Council) of Title 2 (Administration) of the California City Municipal Code requires that closed sessions be recorded.
NOW THEREFORE BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of California City as follows:
SECTION 1. Section 2-1.406(b) of Article 4 of Chapter 1 of Title 2 of the California City Municipal Code is hereby deleted.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published in a manner prescribed by law.
PASSED AND ADOPTED by the City Council of the City of California City on the 10th day of October by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________________
Kelly Kulifoff, Mayor
135 October 10, 2023
ATTEST:
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of California City held on the 10th day of October, 2023, and was finally passed at a regular meeting of the City Council of the City of California City held on the day of , 2023.
________________________________
Socorro Chavez, City Clerk
136 October 10, 2023