Agenda packet, regular meeting, second session — California City City Council, March 12, 2024

Kelly Kulikoff
Mayor
Ronald Smith
Mayor Pro Tem
Jim Creighton
Councilmember
Michael Kulikoff
Councilmember
AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

REGULAR MEETING
TUESDAY MARCH 12, 2024
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 City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
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Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 - 130 March 12, 2024
** 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, Mayor Pro Tem Smith, Mayor Kulikoff

ADOPT AGENDA

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

CLOSED SESSION
CS 1. Conference with Legal Counsel – Potential/Anticipated Litigation Paragraph (1) of subdivision (e) of Section 54956.9: 2 Matters CS 2. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6 City Representative: Victor Ponto, City Attorney
Represented Employee: City Manager

REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

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

CONTINUED BUSINESS
CB 1. City Council: Appointment of Councilmember – by Mayor, Kelly Kulikoff Recommendation
Council and public will hear the presentations, after which time questions may be asked. The Council will then discuss and make an appointment to fill the Council vacancy. The appointed will then be sworn in. The term for this appointment runs until the next General Election in November 2024.

OATH OF OFFICE CITY COUNCILMEMBER

ROLL CALL

DEPARTMENTAL REPORTS
• Housing
• OHV
• Park and Recreation
• Planning
• Public Works
• Treasurer
2 - 130 March 12, 2024

CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from J.M. Powers dated March 01, 204, March 02, 2024 and March 03, 2024.

J.M. Powers & DJ Twohig has requested that they be part of the official meeting records.

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PRESENTATION
P1. CannaBusters
P2. Dr. Eugene Rajaratnam Management Company
P3. CitiGuard
P4. Commendation for Officer Ramirez & Officer Stivers

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.

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 02/23/2024 through 03/07/2024 – by City Manager, Patrick Marsh
CC 2. Approve Water Heater Repair (Desert Jade) – by Housing Manager, Nicole Simmons CC 3. Approve Resolution No. 03-24-3018 of the California City Council of the City of California City, California, Opposing the Taxpayer Protection and Government Accountability Act (AG#21- 0042A1)

CITY MANAGER REPORT
Oral Report

PUBLIC HEARING

PUBLIC HEARING PROCEDURE
A. Mayor read the item
B. Mayor declare the Public Hearing open
C. Hear staff report
D. Council questions only
E. Ask city clerk to report on any communication(s)
F. Mayor call for public testimony
G. Close Public Hearing by motion
H. Council discussion
I. Council motion and vote
3 - 130 March 12, 2024
PH 1. TDA Unmet Transit Needs – by Public Works Director, Joe Barragan Recommendation
Conduct the Unmet Transit Needs Public Hearing and adopt “RESOLUTION NO. 03-24-3019 DETERMINING THAT CALIFORNIA CITY HAS NO

UNMET TRANSIT NEEDS THAT CAN NOT REASONABLY BE MET BY
THE EXISTING SYSTEM”

NEW BUSINESS
NB 1. Purchase of Three Patrol Vehicles – by Police Chief, Jesse Hightower Recommendation
Option 1: Council approve staff to purchase three 2024 Ford Explorers with the extended warranty from Phil Long of Denver, in addition to West Coast Lights and Sirens and 661 Communications for the amount of $225,402.85. If approved, I would like to have some room for unanticipated costs and would request that no more than $230,000 could be removed from the Police Reserve Fund.

Option 2: Council approve staff to purchase three 2024 Ford Explorers with only the manufacturer warranty from Phil Long of Denver, in addition to West Coast Lights and Siren and 661 Communications for the amount of$213,522.85. If approved, I would like to have some room for unanticipated costs and would request that no more than $218,000 could be removed from the Police Reserve Fund.

Option 3: Council approve staff to purchase three 2024 Ford Explorers from Dana Safety Supply INC for $216,461.34.

Option 4: Council takes no action.

NB 2. Expansion of Dial-A-Ride Services – by Councilmember, Creighton Recommendation
Recommend Council direct staff to determine funding required for the additional positions and bring back to council not later than the second council meeting in April NB 3. SDI Advisory Committee Appointment – by Councilmember, Kulikoff Recommendation
Appoint John Elmes to the SDI Advisory Committee
NB 4. Bellfield Solar Project – Reimbursement Agreement – by Consultant Planner, Anu Doravari Recommendation
Staff recommends that the City Council approve the Reimbursement Agreement between California City and project applicant ‘26SB 8me, LLC’ for the solar project entitled ‘Bellfield Solar’.

NB 5. Improvements to Article 3 – Charitable Soliciting – by City Clerk, Socorro Chavez Recommendation
Adopt Ordinance No. 24-813 recommending approval of the Charitable Solicitation procedure.

NB 6. City Manager Employment Agreement – Patrick Marsh – by City Attorney, Victor Ponto Recommendation
4 - 130 March 12, 2024
Staff recommends that the City Council
(1) Approve the draft Employment Agreement for Position of City Manager that has been negotiated and published, and is included as Exhibit A;
Or
(2) Direct staff to continue negotiations based on feedback during open session deliberations; or
(3) Reject the Agreement, terminate Mr. Marsh’s appointment, and appoint an acting City Manager.

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

ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk. 5 - 130 March 12, 2024
ITEM NO. CB 1.

COUNCIL AGENDA ITEM
March 12, 2024
PREPARED BY: Mayor, Kelly Kulikoff
SUBJECT: City Council: Appointment of Councilmember
BACKGROUND/ DISCUSSION Council requested for Mach 12, 2024 Meeting Letters of intent were successfully submitted before the 5:00 pm deadline on Friday, March 1st, 2024, and promptly delivered to the City Council for comprehensive review.

Today, each applicant is allocated a 10-minute slot to articulate their qualifications and reasons for seeking appointment to the vacant position before both the City Council and the public.

As outlined in Government Code 36512(b), the council possesses discretionary power in the selection process, ensuring that the chosen candidate aligns with the general requirements for council members.

Following the decision, the appointed individual will assume their duties immediately after taking the Oath of Office, a ceremony administered by City Clerk Chavez.

FISCAL IMPACT
Sec. 2-1.301. - Council members and Mayor Salary.

SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL

SECTIONCOMPARE VERSIONS
(a)
Each member of the Council shall receive a salary of $300.00 per month.

RECOMMENDATION
Council and public will hear the presentations, after which time questions may be asked. The Council will then discuss and make an appointment to fill the Council vacancy. Appointed will then be sworn in. The term for this appointment runs until the next General Election in November 2024.
6 - 130 March 12, 2024

ATTACHMENTS

CANADITE LIST

LETTERS OF INTRESET
7 - 130 March 12, 2024
4889-4055-0571 v2

COUNCIL AGENDA ITEM
March 12, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Water Heater Repairs (Desert Jade Villas)

BACKGROUND/ DISCUSSION
October 27, 2023, KJI plumbing was contacted to replace a water heater at one of the City-owned and operated Desert Jade units. When the KJI Plumbing technician arrived, he did not have a replacement water heater tank, and another appointment was set for the following day. On October 28, 2023, KJI Plumbing repaired the water heater.

On November 11, 2023, City staff conducted an inspection of the repairs and installation of the water heater, and determined the water heart did not meet the California Building Code requirements due to not having an expansion tank, a pan, and requiring too many elbows turns to operate.

KJI Plumbing was contacted regarding the failed inspection and the need to bring the water heater into compliance with the California Building Code. KJI Plumbing agreed to do the repairs but at an additional cost of $750. I proceeded to update then Acting City Manager Michele Martinez on the issue and we agreed to not pay KJI Plumbing any money until KJI Plumbing brought the water heater up to Code due to KJI plumbing’s failure to install a water heater in line with its duties and in compliance with state law.

The City hired Racer Rob's— another plumbing contractor—to install an expansion tank and water pan to bring the water heater into compliance with the Building Code at a cost of $609.7.

At its February 13, 2024 meeting, the City Council approved payment for $609.71 to Racer Rob’s to bring the water heater up to code.

The City Attorney’s Office negotiated an agreement with KJI Plumbing in which KJI Plumbing agrees to end the dispute and release all of its claims against the City in exchange for the City paying KJI Plumbing $2,655.29 (the $3,265 requested by KJI DR
8 - 130 March 12, 2024
4889-4055-0571 v2
Plumbing minus $609.71 for the cost for Racer Rob’s to complete the work).

Recommendation
To approve the Settlement Agreement and Release Agreement with KJI Plumbing and approve payment of $2,655.29 to KJI Plumbing for the work it performed at Desert Jade Villas.

Attachment
Settlement Agreement and Release Agreement with KJI Plumbing 9 - 130 March 12, 2024
ITEM NO.

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
March 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Staff is preparing for Easter Holiday weekend. This is one of the last holiday weekends that attract a large influx of OHV visitors with Memorial Holiday weekend being the last before summer arrives.

Operations
Staff continues to complete project agreements for the current G23 grant cycle. The Borax Bill Park Visitor Center is open Thursday – Sunday. Please visit the social media accounts for more information at Borax Bill Park & Station.

Manager Updates
All G22 Grants have been successfully closed out. The G24 preliminary grant applications have been submitted with four grant requests to include Ground Operations, LE, Education and Safety, and Planning.

Finance Report
For the month of February, OHV sales totaled $8,765.00. 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. 10 - 130 March 12, 2024
11 - 130 March 12, 2024
CITY

COUNCIL
DATE: March 12, 2024
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of January
Events
The staff are continuing the planning of the annual Desert Tortoise Days event including parade and fishing derby coming up on May 4th and 5th. The theme this year is “Unity Is Our Superpower”, and we ask vendors and participants to have a superhero theme on their booths, floats, groups, etc.

Operations
During the month of February, our staff has been focused on partnering with nonprofits, and working on building a volunteer base. There has been a dramatic increase in the number of seniors that have joined the walking club. The Strata Center continues to be open to basketball practice, game room activities, volleyball, and open gym.

The maintenance staff continue to work extremely hard
keeping up with trash, graffiti, and repairs. Staff are continuing to work on the walking path upgrade at Central Park. The Maintenance staff continue going to Balsitis regularly to pick up trash and clean and maintain the area. Landscaping staff are working on mapping out broken sprinklers and pipes at Balsitis. Landscaping staff will also be working on the upkeep of the landscaping around the chamber building and staff will be partnering with other Public Works departments to clean up the center medians, as well as finish weed removal at Balsitis.
12 - 130 March 12, 2024
Staff continue to work on the agreements with the nonprofits and will hopefully have them completed by the end of February.

Staff are currently working on the CCDBG funded Balsitis project. Hoping to bring back finalization and offer back to council for approval in late April, Early May. Staff are also working with city engineers on the Splash pad, which still has an estimated opening day in May.

Programming
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-8:00pm
Volleyball – Wed 6-7p
Art Classes with Diane- Wed - 4:30
Drama Club – Wednesdays from 2-3
Zumba - Tues 6-7p
Open Studio (art) - Mondays and Wed at 10
Future Programming
Staff have begun Summer Camp preparations and is looking for volunteers to help run it. Weather permitting, the first outdoor movie night of the season will be on March 22. Staff are looking for bands for concerts in the park this summer.

Staff will work on increasing the advertising for programming and events, and we hope to see more community support and attendance as a result.

Parks continue to look for volunteers, as they are more important than ever in trying to keep things going for our city.
13 - 130 March 12, 2024

DEPARTMENT REPORT

CITY COUNCIL MEETING
MARCH 12, 2024
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL COUNCIL REPORT
Staff
Consultant Planner Anu Doravari
Planning Admin (Lilia “Liz” Garcia)
Projects/Applications
This report includes the following items:

A. Current Planning projects under review
B. Planning Dept. financial report January and February 2024 A. An update on major planning efforts
The following is a summary of recent projects and updates:

Bellfield Solar Project:

The Bellfield Solar CUP was granted approval as CUP 22-002 by the Planning Commission in 2022. Staff held several meetings with the client to discuss public dedications and improvements to be constructed and maintained by the client along the project site. Staff is currently preparing a reimbursement agreement for the client to receive funds before commencing the grading plan review.

Housing Element Update
Staff coordinated the first project kick-off meeting with PlaceWorks to determine the remaining data needs. Various departments have provided readily available data, and some gaps in data were identified, such as GIS maps and metadata. Staff has worked out an agreement with AESI Engineering Inc. to provide the missing GIS maps and data.

SPR 23-08, 09 Cannabis Manufacturing, Cultivation, and Manufacturing Facility Staff reviewed this project and held a Staff Development Review Meeting with the client and the project engineer. The Engineering department issued initial conditions of approval for both project sites. A Director's Hearing was held on February 22, 2024, at 10:00 a.m., and the project has been certified for circulation as per CEQA guidelines.

ZC 22-04, ZC 22-02 & ZC 21-07
On February 12, 2024, staff presented the above-mentioned projects for City Council review.

All three projects were approved by the honourable council. Staff received a comment letter from DCC regarding the Calrox II ZC 22-04 project on February 15, 2024. The comment letter was shared with the applicant, and staff is currently awaiting a response. 14 - 130 March 12, 2024
Apartment Project
An application was submitted to staff for a housing project to construct approximately 12 units on 28,964 sq.ft. of RM1 zoned land. Currently, staff is reviewing the zoning and land use laws to determine which type of application best suits the applicant (Variance, CUP, Specific Area Plan, etc.) to accommodate the desired number of units. 15 - 130 March 12, 2024
B. Planning Dept. financial report January and February 2024 16 - 130 March 12, 2024
17 - 130 March 12, 2024
Public Works Monthly Council Report
January 31, 2024
Desert Clean Up Crew FY Total January Total
Total Work Orders: 318 44
Closed Work Orders: 318 44
Open Work Orders: 0 0
Dial-A-Ride FY Total January Total
Regular Fares $ 2,118.60 $ 480.00
Seniors/Disabled/Children $ 3,020.00 $ 555.00
Desert Jade $ 98.00 $ 46.50
Total Fares $ 4,242.80 $ 1,081.50
Number of Riders 2,259 844
Number of Operating Days 58 19
Facilities FY Total January Total
Total Work Orders: 1,586 192
Closed Work Orders: 1,586 192
Open Work Orders: 0 0
Street Department FY Total January Total
Total Work Orders: 788 113
Closed Work Orders: 788 113
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 1,558 77
Pot Hole Repair(s) p.h.: 3,410 1,538
Water Department FY Total January Total
Total Work Orders: 875 124
Closed Work Orders: 875 124
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 17 0
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 8 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 65 6
Standby Callouts: 328.5
Citizen Complaints: 61 6
*Information found in this report is based on the following dates:
*Monthly* January 1, 2023 through January 31, 2023.
* Fiscal Year* July 1, 2023 through June 30, 2024
18 - 130 March 12, 2024
BHT Engineering, Inc.

UPDATED: 2/5/2024

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

City approved program supplement 02/23/2021. Environmental & Design completed. Bids opened August 11, 2022. Bid analysis completed. Awarded to Burch Construction at 9/27/22 City Council meeting. Contract docs sent to Contractor 10/03/22. Construction completed 07/07/23. Project Accepted at 8/22/23 Council Meeting. Caltrans Close-out in progress
2 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.

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

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

Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. June 13, 2023 Council awarded project to Granite Construction. Construction 99% COMPLETED
3 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. Bid Opening June 22, 2023. Project awarded to Cen-Cal
Construction. Striping and signage installation in progress completion February 2024
4 22405 4/18/2022 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.

Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Design in progress. Coordination with utility companies in progress
5 22408 7/25/2022
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Council to authorized project advertisement on 6/13/23. Bids currently being review by CDBG.
6 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.

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

Resolution completed on 05/10/2022. Task order signed
05/27/2022. Council to authorized project advertisement on 6/13/23. Bid opening August 23, 2023. Project awarded to RC Becker. Construction COMPLETED on 11/07/2023.

Council aceptance 01/23/2024

LOCAL FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects.

Must encumber CONSTRUCTION funds by January 2024 - See
BHT # 21409 - Request for Const. in progress
2 21401 12/23/2020
CM 3/16/2023
Section 21 water mains
replacement
Prepare plans and specs for replacement and
installation of 3 miles of 12" water mains,
coordination with State Water Resources
Control Board
Project Awarded to Lyles utility Inc. Task order for CM 03/16/2023 Construction COMPLETED on 11/30/2023. Council aceptance 01/23/2024
3 22404 4/18/2022
Doolittle Ave and Jimson Ave
Water mains replacement
project
Prepare construction plans and Specs for new
construction of water main on Doolittle from
Mitchel to Mendiburu and Jimson from Yerba
to Isabella
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Council aceptance 01/23/2024
4 21410 6/11/2021 Keniston Water main
replacement
Prepare construction plans for replacement of
water main on Kensington CCB to Walpole
(Approximately 1,300 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Council aceptance 01/23/2024
Task Order
Executed
/Received

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

PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST

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19 - 130 March 12, 2024
BHT Engineering, Inc.
5 21411 6/11/2021 Neuralia Water main
replacement
Prepare construction plans for replacement of
water main on Neuralia from 79th to Poppy
Blvd (Approximately 1,600 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Council aceptance 01/23/2024
6 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.

I also sent copy of Draft Striping Plan.
7 22411 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.

Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority. Project coordination in progress
8 23404 5/24/2023 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street
Application submitted to Kern COG on 07/12/23 - Awaiting approval of FTIP
9 23405 5/24/2023 2023 CMAQ Call for Projects Cal City Blvd. - Shoulders from Baron Blvd. to Maverick Ave.

Application submitted to Kern COG on 07/12/23. 9/22/23 BHT responded to several questions from Kern COG on application. 11/01/23 - BHT Submitted revised application to Kern COG reducing shoulder section to qualify for CMAQ funding. Waiting approval from Kern COG and Caltrans
10 23406 5/24/2023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St.

Caltrans reviewed and accepted project on June 28, 2023.

Design to begin March 2024
11 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.

Project design in progress expected completion Jan 2024. currently seeking construction grant funds.
12 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).

Formal bidding process.

Project design in progress.
13 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Edison unable to provide 3-phase service to well until further notice. Currently seeking natural gas powered motor to
proceed with the plans and specs
14 23412 7/27/2023 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Project design in progress expected completion February 2024
15 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
16 23413 8/3/2023 Mojave Jade Construction Off-site improvement on CCB for SPR 20-31 Construction partially completed of scope of work approved on the grading plans. Currently coordinating with owner and city for he next phases of construction and development agreement
17 23414 n/a Evelyn Sewer Extend 8-in sewer line on Evelyn Ave. Approx 354 feet of new sewer main. Sewer project completed by Aspen Homes/contractor 18 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Currently waiting results.
19 23416 2/21/2021 Tierra del Sol Pro Shop &
Restaurant Remodel project
Prepare construction plans for
remodel/addition of restaurant
Project Engineer's cost estimate sent to city. Currently preparing break down cost estimates of construction phases. Phase One final plans sent to City for review 12/08/23. Bids opended 01/31/2024. Bids analysis in progress.
20 23417 11/20/2023 Title VI Update 2023 Title VI Update Completed. Caltrans accepted report on 12/14/2023 UPDATED: 2/5/2024

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20 - 130 March 12, 2024
Balance on Net Balance on Percent
12/31/2023 Transactions 1/31/2024 of Total
Bank of the Sierra -- General Checking $ 5,188,741 $ (715,283) $ 4,473,458 26.21% Bank of the Sierra -- Cannibas Checking $ 147,140 $ 48,777 $ 195,917 1.15% Sub-Total Operating Accounts $ 5,335,881 $ (666,506) $ 4,669,375 Balance on Net Balance on Percent
12/31/2023 Transactions 1/31/2024 of Total
Local Agency Investment Fund (122) $ 6,793,152 $ 68,213 $ 6,861,365 40.20% Kern County Investment Fund (20202) $ 4,518,097 $ 17,372 $ 4,535,469 26.57% Multi-Bank Securities (CD Manager) $ 1,002,375 $ 948 $ 1,003,323 5.88% Sub-Total Investment Accounts $ 12,313,624 $ 86,533 $ 12,400,156 Total City Operating Funds $ 17,649,505 $ (579,973) $ 17,069,531 100.00% Checking & CD Accounts 12/31/2023 Net Transactions 1/31/2024 Housing Corp. -- Bank of the Sierra, Checking $ 2,055,716 $ 219,940 $ 2,275,656 90.44% Housing Corp. -- Bank of the Sierra, CD 7653 $ 106,491 $ 427 $ 106,918 4.25% Housing Corp. -- Bank of the Sierra, CD 7654 $ 133,200 $ 534 $ 133,734 5.31% Total Housing Corporation Funds $ 2,295,407 $ 220,901 $ 2,516,309 100.00% Checking & CD Investment Accounts 12/31/2023 Net Transactions 1/31/2024 SDI -- Bank of the Sierra, Checking $ 534,271 $ 1,111 $ 535,382 0.62% SDI -- Bank of the Sierra CD $ 250,000 $ - $ 250,000 0.29% SDI -- US Bank Investments *$ 85,458,265 $ 370,960 $ 85,829,224 99.09% Total SDI Agency Funds $ 86,242,536 $ 372,071 $ 86,614,607 100.00% Checking & Investment Accounts 12/31/2023 Net Transactions 1/31/2024 Successor -- Bank of the Sierra, Checking $ 317,092 $ (224,912) $ 92,180 6.94% RDA/Successor -- US Bank Investments $ 862,083 $ 374,181 $ 1,236,264 93.06% Total Successor Agency Funds $ 1,179,175 $ 149,269 $ 1,328,444 100.00% California City, California 93505

TREASURER'S MONTHLY REPORT OF INVESTMENT
January 2024
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.

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

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

Restricted RDA/Successor Agency Accounts
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INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 12/31/2023 1/31/2024
Beginning Market Value 84,092,577 85,458,265
Ending Market Value 85,458,265 85,829,224
1,365,687 370,960
12/31/2023 1/31/2024
Beginning Market Value - -
Ending Market Value - -
- -
12/31/2023 1/31/2024
Beginning Market Value 0 0
Ending Market Value 0 114,181
- 114,181
12/31/2023 1/31/2024
Beginning Market Value 0 0
Ending Market Value 0 260,000
- 260,000
12/31/2023 1/31/2024
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 862,083 1,236,264 Total "US Bank" Investment Assets 86,320,347 87,065,488 Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST

TREASURER'S MONTHLY REPORT OF INVESTMENT
January 2024
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.

US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
California City, California 93505
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INDUSTRY LEADING

ODORLESS ODOR ELIMINATION

TECHNOLOGY
Your one-stop odor solution provider
P 1.
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About us
• World leader in Scrubbing and High Pressure Odorless Odor Elimination • More than 35 years in High Pressure Technology
• Patented solution, used daily in millions of sq. ft.
• Committed to improving the Cannabis Industry's image by effectively dealing with odor and VOCs.
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Cannabusters’ Solution
• High Pressure Odorless Odor Elimination technology.
• Active inlineWet Scrubber Odorless Odor Elimination technology. • In wide use across many odorous industries.
• Fragrance Free. Cannabusters is Odorless!
• Reviewed by Professional Engineers and Certified Industrial Hygienists as best available control technologies (BACT).
• Aqueous Solution of Common micronutrients considered:
• GRAS (Generally RegardedAs Safe) by Section 21 of the United States Code of Federal Regulation for human and animal consumption.
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Cannabis Odor = Terpenes = VOC’s
• Volatile Organic Compounds(VOC) increase carbon footprint. • VOC’s react to create smog/ozone.
• EliminatingVOC’s positions in the industry for success. • Cannabusters eliminates cannabis terpenes odors.
• Independently 3rd party verified for efficacy and safety. 32 - 130 March 12, 2024
Other Odor Control Products … Different results
• Carbon filtration: Short life, not suitable for large air flow volume like greenhouses. End of life Carbon Filter is a Hazardous Waste and must be disposed in approved landfills.
• Masking agent / Enzyme-based /Plant-based/ Vapor-Phase: They used Natural or Synthetic fragrances/enzymes/plant-based adding VOCs to the environment and problematic smell for the neighborhood. • Ionization / UV: Working only on a small volume of air. Can create harmful ozone.
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Cannabis odor is Bad for community
• Cannabis Odor not controlled = Complaints!
• Complaints cost everyone
• Industry not winning
• Needs better tools
• Cannabusters’ Odor Elimination solves the problem
• The Industry is more professional
• The public and regulators are pleased.

Odor complaints are not professional - odor elimination is. 34 - 130 March 12, 2024
Deployment Strategy
• Cannabusters treats odor in exhaust air.
• High Pressure Fog into odorous air streams
• Inline HVAC Active Wet Scrubber
• Odors are oxidized on contact with
Cannabusters aqueous solution
• Odor is eliminated!
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Cannabis industry deployment
• Cultivation, Dispensary, Extraction, Drying and Manufacturing facilities. • Deployed in:
• Greenhouse Roof/Ridge/Side vents
• Greenhouse Exhaust fans
• HVAC systems
• Cannabusters dosing based on crop growth stage/odor intensity. 36 - 130 March 12, 2024
Exhaust fans
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Indoor Cultivation,
Trimming, Drying and
Warehousing applications
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Greenhouse
roof/ridge/side vents
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Around the property
Odor Fence
Odor line on the edge
of the building
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On-site Odor Audit
• On-site Odor analysis
• State-of-the-art portable Gas Chromatography.
• Empirical results, no subjective results.
• Instant report.
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Real-time odor monitoring and reporting
• State-of-the-art Odor sensors.
• Real-time Odor level.
• Instant alarms.
• Adaptative dosing based on the Odor level.
• Real-time Odor dispersion modeling.
• Fast and easy complaint resolution.
• Empirical data to the authority.
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What it
means for
you.

Nature’s Air Cleaner for highly sensible problem!
Odor challenges are solved
Environmental benefit VOC reduction
Proven across odorous industries
Backed by multiple
independent studies
For Safety
For Efficacy
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Who benefits from good odor control!
 The Community
 The Industry
 Gains professionalism
 Reduces Stigma
 The Local Economy
 The health and Environment
Derek Stucki, VP Business Development
909-725-3841 mobile
[email protected]
www.thecannabusters.com
Everyone!
La Palma, CA - Chandler, AZ - Waterloo, ON - Montreal, QC 44 - 130 March 12, 2024
Cathedral City, CA Case study
Challenge: A Cathedral City cannabis business conducting cultivation and extraction operations received odor complaints, followed by multiple enforcement visits by City code enforcement, resulting in escalating fines to the business for odor infractions.

Solution: A Cannabusters odor control system was deployed. Cannabusters was misted in highpressure fog at 10 separate exhaust air flows on their 2 building roofs. Odor was eliminated or reduced to non-detectable levels.

Result: Subsequent to the Cannabusters system installation, three follow up visits from Cathedral City code enforcement resulted in no odor violations and no fines.

Follow Up: No further odor enforcement from the City since Cannabusters was installed.

Win: The cannabis company has no odor headaches, the city can reallocate resources, and the public nuisance is gone.

For More Information:

Cannabusters, Inc
714-367-8420
www.thecannabusters.com
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Muskogee Cultivator wins back their Cultivation License Challenge: A Muskogee indoor cultivator with 20,000 square feet of canopy, is legally operating in a 60-year-old building downtown. Odor leakage and complaints mounted. After investing in additional HVAC equipment, carbon filtration and building sealing efforts, officials of Muskogee were not satisfied the odor problem was solved and suspended their license.

Solution: Cannabusters was contracted. Negative pressure in the structure was created with a roof mounted exhaust fan deploying Cannabusters into the exhaust air stream. Cannabis odor was eliminated to Muskogee official’s satisfaction.

Results: Muskogee has reinstated their cultivation license, odor is reduced to acceptable levels by elimination with Cannabusters.

Client Comment: Cannabusters installed the odor elimination system. It’s a very effective system and their service is legendary. The outcome is very positive and the city is satisfied with our results.

I can’t say enough about Cannabusters. The result has proved everything! If the question or issue is regarding cannabis odor, Cannabusters solves them.

For more info:

Cannabusters
714-367-8420
www.thecannabusters.com
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CC 1.
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4889-4055-0571 v2

COUNCIL AGENDA ITEM
March 12, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Water Heater Repairs (Desert Jade Villas)

The City hired Racer Rob's— another plumbing contractor—to install an expansion tank and water pan to bring the water heater into compliance with the Building Code at a cost of $609.7.

At its February 13, 2024 meeting, the City Council approved payment for $609.71 to Racer Rob’s to bring the water heater up to code.

The City Attorney’s Office negotiated an agreement with KJI Plumbing in which KJI Plumbing agrees to end the dispute and release all of its claims against the City in exchange for the City paying KJI Plumbing $2,655.29 (the $3,265 requested by KJI CC 2.
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4889-4055-0571 v2
Plumbing minus $609.71 for the cost for Racer Rob’s to complete the work).

Recommendation
To approve the Settlement Agreement and Release Agreement with KJI Plumbing and approve payment of $2,655.29 to KJI Plumbing for the work it performed at Desert Jade Villas.

Attachment
Settlement Agreement and Release Agreement with KJI Plumbing 62 - 130 March 12, 2024
RESOLUTION NO. 03-24-3018

A RESOLUTION OF THE CALIFORNIA CITY COUNCIL OF

THE CITY OF CALIFORNIA CITY, CALIFORNIA, OPPOSING

THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT (AG# 21-0042A1 )
WHEREAS, an associaƟon represenƟng California's wealthiest corporaƟons and developers is spending millions to push a decepƟve proposiƟon aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocraƟc provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiƟng local advisory measures where voters provide direcƟon on how they want their local tax dollars spent; and WHEREAS, the measure creates new consƟtuƟonal loopholes that allow corporaƟons to pay far less than their fair share for the impacts they have on our communiƟes, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporaƟons that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for criƟcal infrastructure like streets and roads, public transportaƟon, drinking water, new schools, sanitaƟon, uƟliƟes, and more.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY AS FOLLOWS:

SecƟon 1.

SecƟon 2.

SecƟon 3.

That the City Council opposes IniƟaƟve 21-0042A1.

That the City Council will join the NO on IniƟaƟve 21-0042A1 coaliƟon, a growing coaliƟon of public safety, labor, local government, infrastructure advocates, and other organizaƟons throughout the state.

That the City Clerk shall cerƟfy to the passage and adopƟon of this resoluƟon and enter it the book of original resoluƟons.

CC 3.
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ADOPTED AND APPROVED by the City Council of the City of California City on this 12th day of March 2024.
______________________________________
Kelly Kulikoff, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney Socorro Chavez, City Clerk

STATE OF CALIFORNIA )
) ss.

COUNTY OF KERN )
I, Socorro Chavez, City Clerk of the City of California City, do hereby cerƟfy that ResoluƟon No. 03-24-3018 was adopted at a regular meeƟng of the City of California City City Council held on the 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Socorro Chavez, City Clerk
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ITEM NO. PH 1.

COUNCIL AGENDA ITEM
March 12, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: TDA Unmet Transit Needs Public Hearing
BACKGROUND/ DISCUSSION:

The Transportation Development Act (TDA) of 1971 provides two funding sources:

1. Local Transportation Fund (LTF), which is derived from a ¼ cent of the general sales tax collected statewide; and

2. State Transit Assistance fund (STA), which is derived from the statewide sales tax on gasoline and diesel fuel.

The TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects.

Public participation is a key component of TDA. Public meetings are held in eligible counties to discuss transportation needs and hear concerns.

To qualify for funding under the TDA, a transit claimant must maintain a ratio of fare revenues to operating cost at least equal to the ratio it had during 1978/79, or 10 percent, if the claimant is in a non-urbanized area, whichever is greater. The TDA further requires that a claimant’s governing body adopt a resolution that finds that “ “there are no unmet transit needs that are reasonable to meet.” FISCAL IMPACT:

The current TDA/LTF fund balance for California City is being verified and will be provided as soon as it is available.

RECOMMENDATION: Conduct the Unmet Transit Needs Public Hearing and adopt “RESOLUTION NO. 03-24-3019 DETERMINING THAT CALIFORNIA CITY HAS NO

UNMET TRANSIT NEEDS THAT CAN NOT REASONABLY BE MET BY THE EXISTING SYSTEM”
ENVIRONMENTAL ACTION: None.
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RESOLUTION NO. 03-24-3019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY

DETERMINING THATCALIFORNIA CITYHASNOUNMET TRANSIT NEEDS THAT

CAN NOT REASONABLY BE MET BY THE EXISTING SYSTEM
WHEREAS, Title 21 of the California Administrative Code Section 6658 implementing the Transportation Development Act requires the Kern Council of Governments (Kern COG) to find the City has no unmet transit needs that cannot reasonably be met prior to approving the City's use of Transportation Development Act monies for street and road projects; and WHEREAS, in addition to annually holding itsown public hearing (asrequired by Transportation Development Act regulations), Kern COG requires all agencies intending to file claims to use Transportation Development Act funds for street and road projects to hold a public hearing to identify transit needs within their respective jurisdictions; and
WHEREAS, on March 12, 2024, the City Council held a duly-noticed public hearing at which all persons desiring to comment on transit needs were given the opportunity to address, and be heard by the Council; and WHEREAS, the Council has responded to comments received at the public hearing and concluded there are no unmet transit needs that cannot reasonably be met within the City of California City; and NOW, THEREFORE, the City of California City resolves the following:

1. The facts recited are true and incorporated herein and this Council has jurisdiction to consider and make
determinations in the matters herein mentioned.

2. Based on comments received from the public, this Council hereby determines there are no unmet transit needs that cannot reasonably be met within the City.

3. The City Clerk shall forward a copy of the Resolution to the Kern Council of Governments.

PASSED, APPROVED, AND ADOPTED on this 12th day of March 2024 by the following roll call vote:
66 - 130 March 12, 2024
AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________
Kelly Kulikoff, Mayor
ATTEST:
______________________
Socorro Chavez, City Clerk

APPROVED AS TO FORM
______________________
Victor Ponto, City Attorney
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 at a regular meeting thereof held on the 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Socorro Chavez, City Clerk
67 - 130 March 12, 2024
NB 1.
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RECOMMENDATIONS:

Option 1: Council approve staff to purchase three 2024 Ford Explorers with the extended warranty from Phil Long of Denver, in addition to West Coast Lights and Sirens and 661 Communications for the amount of $225,402.85. If approved, I would like to have some room for unanticipated costs and would request that no more than $230,000 could be removed from the Police Reserve Fund.

Option 2: Council approve staff to purchase three 2024 Ford Explorers with only the manufactuer warranty from Phil Long of Denver, in addition to West Coast Lights and Siren and 661 Communications for the amount of$213,522.85. If approved, I would like to have some room for unanticiapted costs and would request that no more than $218,000 could be removed from the Police Reserve Fund.

Option 3: Council approve staff to purchase three 2024 Ford Explorers from Dana Safety Supply INC for $216,461.34.

Option 4: Council takes no action.

PREPARED BY:

Jesse Hightower, Chief of Police
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ITEM NO. NB 2.

COUNCIL AGENDA ITEM
MARCH 12, 2024
PREPARED BY: Councilman Jim Creighton

SUBJECT: Expansion of Dial-A-Ride services

BACKGROUND/ DISCUSSION
Kern County provides transportation related funds from the following programs:
• Low Carbon Transit Operators Program (LCTOP)
• Transportation Development Act (TDA)
• Local Transit Funds (LTSF) and
• State Transit Assistance Funds
All of the above-mentioned funds are eligible to be used for any transportation-related issues. Most commonly they are used to fund Cal City’s Dial-A-Ride and street maintenance and repair. Due to the late submission of claims to the county, there was approximately y $3,855,993 that has been covered by our General Fund for FY 2016/17 – 2022/23. To date, the city has received from these funds, $535,473 for FY 2016/17 leaving $3,320,520 in funds not yet received from the county. This does not include claims for FY 2022/23 or the upcoming audit for FY 2023/24 (projected to be approximately $1.8 million).

In order to receive these funds 2 things must happen: An audit of the city’s finances must be accomplished and approved by council AND) the city must file a claim with Kern Council of Governments to request these funds. The city has performed the audits for FY 2017/ 18 - 2021/22 and we have been informed the claim process is in progress.

Additionally, California City is projected to receive $1.5 million in funding from Transit and Intercity Rail Capital Program (TIRCO) for the upcoming 2 fiscal years, $3 million total.

The item for discussion and possible action I wish to propose an expansion of the DialA-Ride (DAR) services to include the Friday the city is not open and possibly include Saturday operations.
86 - 130 March 12, 2024
The city has many citizens who do not have transportation to get to businesses throughout the city. This includes our senior and low-income population. With the current operating hours of DAR, our citizens must plan their trips around specific days/times.

Expansion of the system would require the hiring of an additional dispatcher and at least one more driver, both of which could be part-time.

Request Council discuss the options below and direct staff accordingly.

FISCAL IMPACT
Unknown at this point

COUNCIL OPTIONS

1. Direct staff to compile a total cost for recruitment and hiring additional staff for DAR

2. Do nothing

RECOMMENDATION
Recommend Council direct staff to determine funding required for the additional positions and bring back to council not later than the second council meeting in April

ATTACHMENTS
NONE
87 - 130 March 12, 2024

CITY COUNCIL AGENDA ITEM
March 12, 2024
PREPARED BY: Councilmember Kulikoff
SUBJECT: SDI ADVISORY Committee Appointment

BACKGROUND/ DISCUSSION
During the February 27, 2024 City Council meeting, Mayor Kulikoff requested this item on the March 12, 2024 City Council meeting agenda.

The SDI Advisory Committee consists of two (2) members, with one (1) member chosen by City Council and the other by Mojave County Landowners News, Inc., dba California City Landowners Association. To be in compliance with the requirements set forth in the understanding between the courts and the city of California City, we must have an SDI Committee to advise City Council on where to properly spend SDI funds. The funds in SDI are over $80 million that previous City Council’s have failed to utilize for the intended use.

The purpose of establishing the SDI Committee is to properly follow the required protocol to benefit California City by advising City Council on how to spend and manage funds in SDI. Failure to appoint a member to the SDI Committee by past City Council carries a tremendous burden on California City. It impedes economic development and contributes to the slowdown and decay of the community through lack of infrastructure growth and capital improvement planning.

This specific appoint is extremely important to California City and must have the required active members with no future gaps to adequately maintain integrity and accountability in the process.
88 - 130 March 12, 2024
In favor:
* California City is facing rapid growth and development, and the SDI Committee can help ensure that this growth is sustainable and responsible. * The committee can provide a framework for evaluating and prioritizing infrastructure projects, ensuring that they align with the city's long-term goals and values.
* The SDI Committee can help attract and leverage funding from external sources, such as grants and private investment, to support development projects.
* The committee can provide a platform for community engagement and participation in decision-making, ensuring that the needs and concerns of residents are addressed.

Against:
* The SDI Committee may add an additional layer of bureaucracy, slowing down decision-making and increasing costs.
* The committee's focus on sustainability and infrastructure may detract from other important city priorities, such as public safety and other essential city services.
* The use of SDI funds may be subject to political influence and cronyism, leading to inefficient allocation of resources.
* The committee may prioritize environmental and sustainability goals over economic growth and development, potentially harming local businesses and industries.

Councilmember Creighton and I conducted interviews for the SDI Committee.

After careful consideration we made the decision to recommend John Elmes for the SDI Committee.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
As per City Council direction.

RECOMMENDATION
Appoint John Elmes to the SDI Advisory Committee

ATTACHMENTS
MUNICODE. ARTICLE 6. SDI ADVISORY COMMITTEE
89 - 130 March 12, 2024
ARTICLE 6. SDI ADVISORY COMMITTEE
Sec. 2-2.601. General.
(a) The SDI Advisory Committee shall consist of two (2) members serving four-year terms. One (1) member shall be appointed by the City. (1) One member shall be appointed by Mojave County Landowners News, Inc., dba California City Landowners Association (hereafter The Association). Vacancies shall be filled in the same manner. The member appointed by the City shall be a resident of the City. The member appointed by The Association shall be an SDI Lot Owner.
(b) The SDI Advisory Committee shall monitor the investment and expenditure of money in the SDI Fund as set forth in this chapter. The SDI Advisory Committee may consult with the City on land use issues affecting SDI Tracts and may consult with the City of California City Redevelopment Agency concerning redevelopment issues affecting SDI Tracts. The SDI Advisory Committee may request the city manager engage services of consultants to assist the SDI Advisory Committee in connection with its responsibilities defined herein. The City Manager shall act on this request within twenty (20) days. (c) The City shall provide the SDI Advisory Committee with reports and information as requested and access to a meeting place. Environmental documents for SDI projects shall be provided to the SDI Advisory Committee.

The Committee shall be compensated at the same rate and manner as the City Planning Commission. (d) The SDI Advisory Committee shall comply with laws affecting public agency committees, including conflicts of interest laws and secret meeting laws. At least two affirmative votes are needed for the SDI Advisory Committee to act. If the two members of the SDI Advisory Committee cannot agree, they may jointly engage a mediator or arbitrator. If the two members of the SDI Advisory Committee cannot agree on the appointment of a mediator or arbitrator or if they do not both agree with the outcome of the mediation or arbitration, either member may petition the Federal Court to resolve the dispute as the Court deems appropriate.
( Ord. No. 14-725 , § 1, 10-21-2014)
Sec. 2-2.602. Council Review.
(a) The SDI Advisory Committee may request the City Council's review of:
(1) The policy for investment of SDI Fund money;
(2) Investment of SDI Fund money;
(3) The annual certification of the money available for maintenance of SDI Improvements; (4) The decision of the City Council concerning the need for constructing SDI Improvements; (5) Disbursements/expenditures from the SDI Fund;
(6) The hiring of consultants;
(7) Any other matter concerning the investment of the SDI Fund, disbursement from the SDI fund, or the development of or construction of improvements within the SDI tracts. 90 - 130 March 12, 2024
(b) The request for review shall be written and shall be submitted to the City Clerk. The request may include a request to stay any pending action, pending the City Council's decision. The City Manager may grant the stay request if the request for review is timely and the delay will not prejudice the SDI Fund or owners of SDI Lots. (c) The City Council shall consider the request for review at a public hearing between fifteen and thirty days after request for review is filed with the City Clerk. All interested persons shall be heard. The hearing may be continued from time-to-time. The City Council shall render a written decision within fifteen (15) days after the conclusion of the hearing.
( Ord. No. 14-725 , § 1, 10-21-2014)
Sec. 2-2.603. Court Review.
(a) The City or the SDI Advisory Committee may petition the Federal District Court, Eastern District, in Fitzpatrick, et al. v. City of California City (USDC Case No. SV-F-96-5411-REC-SMS), herein "Fitzpatrick Case," or the court's designee and respond to a petition by the City or Committee (as the case may be); (1) To overturn the City Manager's decision on a request for stay; or (2) To overturn the City Council's decision on the merits of the request for review; (3) To determine action or proposed comments to the SDI Agreements or this chapter; (4) To obtain approval of amendments to this chapter;
(5) To resolve a dispute as between the two members of the SDI Advisory Committee as set forth in section 9-6.401(d).
(b) The Court, or the court' designee, shall promptly hear the petition. The designee's decision may be appealed to the Court. The un-appealed designee's decision or the Court's decision is final (subject to review by appeal or writ).
(c) The Court or designee shall reverse the decision by the City Manager (concerning a stay request) or the City Council (concerning the merits of the request for review) if the actions of the City Manager or City Council (as the case may be) were arbitrary, capricious, not supported by substantial evidence, or contrary to the terms of SDI Agreements or this ordinance.
(d) The Court shall order the SDI Fund to pay reasonable attorney fees to the prevailing party. ( Ord. No. 14-725 , § 1, 10-21-2014)
Sec. 2-2.604. Termination or Modification.
(a) The SDI Committee shall have no further force or effect when the SDI Agreements have been fully performed.
(b) The City may, but is not obligated to, petition the Court in the Fitzpatrick Case for a determination the SDI Agreements have been fully performed.
(c) The City shall obtain Court approval in the Fitzpatrick Case before amending this Chapter. ( Ord. No. 14-725 , § 1, 10-21-2014)
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ITEM NO. NB 4.

COUNCIL AGENDA ITEM
MARCH 12, 2024
PREPARED BY: Consultant Planner Anu Doravari

SUBJECT: Bellfield Solar Project- Reimbursement Agreement

PROJECT DESCRIPTION
8 Minute Energy (Applicant) has proposed the Bellfield Solar project, a large-scale photovoltaic (PV) solar facility and associated infrastructure necessary to generate up to 1,500 megawatts (MW) of renewable energy with associated infrastructure to provide 1,500 MW hours of energy storage. The total project area is 8,317 acres and it is located in both unincorporated Kern County (6,269 acres) and in California City (2,048 acres).The City portion of the site would be contiguous with the majority of the project, which is in unincorporated Kern County. The project boundary consists of parcels both owned and leased by the applicant. The project site is an undeveloped area in the southwest portion of the City, near Mojave and the Hyundai Test Track and straddles Highway 58. Access to the project would be provided from roads in unincorporated Kern County, including Proteus Road, Bishop Drive and Altus Avenue. There are no developed uses in the vicinity of the project.

BACKGROUND
The Bellfield Solar Project was originally developed by 8minute Energy. While the project development was still under their management the planning commission approved the Planning Commission Resolution 22-002 in April of 2022 (CUP 19-03). Part of that agreement was to set up a Reimbursement Agreement with California City for the use of plan reviews and project coordination with the City. Unfortunately, that agreement was never executed and 8minute Energy is no longer affiliated with the project. As of 2023, AES Clean Energy acquired the Bellfield project from 8-Minute Energy. ‘26SB 8me, LLC’ is the corporate name of the project and the reimbursement agreement (ATTACHMENT 2) is drafted between the corporate entity ‘26SB 8me, LLC’ and the City of California City.

RECOMMENDATION
Staff recommends that the City Council approve the Reimbursement Agreement between California City and project applicant ‘26SB 8me, LLC’ for the solar project entitled ‘Bellfield Solar’.
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ATTACHMENTS

1. Project map

2. Reimbursement Agreement

3. CUP 19-03 Signed PC Resolution no 22-002
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2024

REIMBURSEMENT AGREEMENT
(Description of Engagement: Reimbursement for the Construction of the Bellefield Solar and Storage Project)
(Parties: The City of California City and 26SB 8ME LLC) THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this day of 12 March 2024 (hereinafter, the “Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (hereinafter, "CITY") and 26SB 8ME LLC, a Delaware limited liability company (hereinafter, “26SB 8ME”). For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and 26SB 8ME. The capitalized term “Party” may refer to either CITY or 26SB 8ME interchangeably as reasonably appropriate.

RECITALS
WHEREAS, CITY intends to provide services for the Bellefield Solar and Storage Project (“Project”) related to processing a Site Plan Review, determining compliance with Project obligations, and activities required prior to and during construction of the Project; and
WHEREAS, 26SB 8ME desires and agrees to reimburse CITY for all direct costs associated with providing such services related to the Project, including costs for City staff and City consultant efforts; and
WHEREAS, the execution of this Agreement was approved by CITY at its Regular Meeting of City Council on March 12, 2024.

NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and 26SB 8ME agree as follows:

ENGAGEMENT TERMS

1.1 PURPOSE OF REIMBURSEMENT:

A. CITY intends to provide professional services related to the processing, review and permitting of the Project, subject to 26SB 8ME’s reimbursement to CITY of all direct costs and charges associated with the provision of such services.

1.2 REIMBURSEMENT:

A. Upon execution of this Agreement, 26SB 8ME shall make an initial deposit of Fifty Thousand Dollars ($50,000) payable to CITY.

B. CITY shall use funds deposited by 26SB 8ME to reimburse all direct costs 95 - 130 March 12, 2024
associated with the labor required to review, process and permit the Project. 26SB 8ME shall maintain a minimum balance of Twenty-Five Thousand Dollars ($25,000) in the reimbursement account. 26SB 8ME shall provide additional funding as necessary and within thirty (30) calendar days of receipt of request for additional funding from CITY. Failure of 26SB 8ME to provide additional funding in a timely manner could result in the delay of work efforts on the Project.

C. CITY shall provide 26SB 8ME a monthly statement noting the costs incurred for services in the preceding month. CITY shall also monitor reimbursement account fund levels and provide 26SB 8ME with low balance notices should the account balance approach or reach the minimum balance of TwentyFive Thousand Dollars ($25,000).

D. Upon completion of the Project, as defined by satisfaction of both a final inspection for final phase of construction and issuance of a certificate of occupancy. Within thirty (30) days of Project completion, CITY shall refund to 26SB 8ME any unexpended funds remaining in the reimbursement account at time of Project completion. CITY shall also provide final accounting to 26SB 8ME.

II.

TERMINATION

2.1 TERMINATION WITHOUT CAUSE: Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement at any time for convenience and without cause, provided that: (1) notice of such termination is made in writing issued not less than ninety (90) calendar days prior to the effective date of any such termination and (2) CITY is fully reimbursed for all direct costs associated with reviewing, processing and permitting for the Project by the effective date of such termination.

III.

MUTUAL RELEASE OF LIABILITY

3.1 26SB 8ME shall defend, indemnify and hold CITY and its directors, officers, employees, partners, contractors or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of 26SB 8ME, its directors, officers, employees, partners, or agents.

3.2 CITY shall defend, Indemnify and hold 26SB 8ME and its directors, officers, employees, partners, or agents, harmless from and against any and all claims, actions, causes of actions, demands, or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys' fees, and all other costs, fees, expenses, and charges to the extent that such claims arise out of, were caused 96 - 130 March 12, 2024
by, or result from any breach of the performance of this Agreement or the negligence, gross negligence, or willful misconduct of CITY, its directors, officers, employees, partners, or agents.

IV.

MISCELLANEOUS PROVISIONS

4.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:

CITY: City of California City
Attn: City Manager
21000 Hacienda Blvd.

California City, CA 93505
(760) 373-8661
26SB 8ME: 26SB 8ME LLC
Attn: _________________
_____________________
_____________________

Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.

4.2 EVENT OF DEFAULT; BREACH OF AGREEMENT

A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 4.3B and 4.3C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement, if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. 26SB 8ME shall cure the following Events of Defaults within the following time periods:
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i. Within seven (7) calendar days of CITY's issuance of a Default Notice for any failure of 26SB 8ME to timely provide CITY any sums due and payable to CITY pursuant to this Agreement.
ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement.

C. CITY shall cure any Event of Default asserted by 26SB 8ME within fourteen (14) calendar days of 26SB 8ME’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 14-day cure period.

Prior to the expiration of the 14-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period.

D. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

E. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to 26SB 8ME, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to 26SB 8ME, CITY may extend the time of performance;
iii. CITY or 26SB 8ME may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for breach of the Agreement or to terminate the Agreement; or iv. CITY and/or 26SB 8ME may exercise any other available and lawful right or remedy.

4.3 ACCOUNTING RECORDS: 26SB 8ME shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, 98 - 130 March 12, 2024
and activities.

4.4 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

4.5 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

4.6 ATTORNEY’S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

4.7 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

4.8 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

4.9 FURTHER ASSURANCES: Each Party covenants, on behalf of itself and its successors and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents, instruments and writings as may be necessary or proper to achieve the purposes and objectives of the Agreement.

4.10 CONSTRUCTION OF REIMBURSEMENT AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

4.11 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.12 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

4.13 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement. 99 - 130 March 12, 2024

4.14 ENTIRE REIMBURSEMENT AGREEMENT: This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and 26SB 8ME prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 4.12, above.

4.15 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to 26SB 8ME and the other counterpart shall be delivered to the CITY.

No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all counterparts in conformity with Section 4.12, above.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have caused this Reimbursement Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CALIFORNIA CITY
By:

City Manager

Date:
26SB 8ME LLC
By:

Date:

APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
Date:
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ITEM NO. NB 5.

COUNCIL AGENDA ITEM
March 12, 2024
PREPARED BY: Socorro Chavez, City Clerk

SUBJECT: Improve ARTICLE 3. - CHARITABLE SOLICITING

BACKGROUND/ DISCUSSION
The purpose of this presentation is to address the enhancement and implementation of an improved ordinance governing Charitable Soliciting within the City of California City. The impetus for this initiative arose from a meticulous review of the current ordinance, coupled with an analysis of requisites from neighboring cities. In collaboration with the City Attorney, a comprehensive set of improvements has been formulated to ensure a more robust regulatory framework.

Attached herewith is a refined ordinance that introduces heightened complexity, necessitating additional information from charitable entities engaging in solicitation within our jurisdiction. Concurrently, this proposal seeks to enhance existing procedures related to record management, aiming to elevate the standards for transparency and accountability.

The focal point of the Municipal Code Section 5-3.201 is to fortify the protection of the public against fraud, deceit, and imposition. By fostering an environment that encourages fair solicitations for charitable purposes, the revised ordinance strives to ensure that donors are well-informed about the allocation of their contributions, thereby promoting transparency and trust.

Outlined below are key changes incorporated into the proposed ordinance:

1. Section 5-3.302 (Definitions): Introduces clear and precise definitions to enhance understanding and interpretation of key terms.

2. Section 5-3.303 (Application Procedure): Establishes a structured and efficient process for charitable entities to apply for solicitation permits, ensuring a standardized approach.

3. Section 5-3.304 (Duration of Permit): Defines the temporal validity of solicitation permits, providing clarity on the timeframe during which charitable solicitations are authorized.

4. Section 5-3.305 (Permit Review Standards): Sets forth specific criteria for the comprehensive evaluation and approval of solicitation permit applications. 105 - 130 March 12, 2024

5. Section 5-3.306 (Permit Nontransferable): Specifies that solicitation permits are nontransferable without explicit authorization, ensuring accountability and preventing misuse.

6. Section 5-3.307 (Identification Cards): Mandates the issuance of identifiable credentials to individuals engaged in charitable solicitation, facilitating transparency and accountability.

7. Section 5-3.308 (Suspension or Revocation of Permit): Outlines clear grounds and procedures for the suspension or revocation of solicitation permits, addressing non-compliance and misconduct.

8. Section 5-3.309 (Nuisance; Unlawful Conduct): Addresses nuisance and unlawful conduct associated with charitable solicitation, ensuring a lawful and respectful environment.

9. Section 5-3.310 (Appeal): Establishes a structured mechanism for the appeal of decisions related to solicitation permits, fostering a fair and transparent process.

10. Section 5-3.311 (Books and Records): Mandates stringent record-keeping practices for charitable entities, promoting transparency and accountability.

11. Section 5-3.312 (Use of Fictitious Name, Fraudulent Misrepresentation, and Misstatements Prohibited): Prohibits deceptive practices in charitable solicitation, ensuring integrity and trustworthiness in fundraising efforts.

This proposed ordinance signifies a significant step toward ensuring the ethical and transparent operation of charitable solicitations within California City. We welcome constructive feedback and are prepared to engage in further discussions to refine and optimize these proposed changes.

FISCAL IMPACT
N/A

RECOMMENDATION
Adopt Ordinance No. 24-813 recommending approval of the Charitable Solicitation procedure.

ATTACHMENTS
ORDINANCE NUMBER 24-813
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ORDINANCE NO. 24-813

AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING ARTICLE 3 (CHARITABLE SOLICITING) OF CHAPTER 3 (PUBLIC PROPERTY) OF TITLE 5 (PUBLIC WELFARE) OF THE CITY

OF CALIFORNIA CITY MUNICIPAL CODE RELATING TO CHARITABLE

SOLICITATION PERMITS
WHEREAS, California City Municipal Code Section 5-3.201 requires persons seeking to solicit contributions for charitable purposes to obtain a permit from the City; and
WHEREAS, the purpose of Municipal Code Section 5-3.201 is to safeguard the public against fraud, deceit and imposition, and to foster and encourage fair solicitations for charitable purposes, wherein the person from whom the money is being solicited will know what portion of the money will actually be utilized for charitable purposes; and WHEREAS, Business and Professions Code Section 17510 et seq. imposes standards on charitable solicitations but cities are permitted to enforce their own standards on the approval or denial of charitable solicitation permits as long as it does not conflict with the State’s provisions; and
WHEREAS, Municipal Code Section 5-3.201 does not impose standards for the approval or denial of charitable solicitation permits; and WHEREAS, in order for a permitting system to be legally valid it “must contain narrow, objective, and definite standards to guide the licensing authority.” (Forsyth County v. Nationalist Movement (1992) 505 U.S. 123, 131); and WHEREAS, the City Council desires to amend the Municipal Code to impose definite standards to guide its review of applications for charitable solicitation permits.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY 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 ARTICLE 3 (CHARITABLE SOLICITING) OF CHAPTER 3 (PUBLIC PROPERTY) OF TITLE 5 (PUBLIC WELFARE) OF THE CALIFORNIA CITY MUNICIPAL CODE.

The City of California City Municipal Code is hereby amended to read as follows with deletions marked in strikethrough and additions in underline:
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Section 5-3.301 (Charitable Solicitations: Permits Required) (a) No person shall solicit contributions for charitable purposes unless such solicitor exhibits a permit from the City.
(b) No person shall solicit in a City building or other public building within the City.

Section 5-3.302 (Definitions)
(a) "Charity" or "charitable organization" includes any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, religious, or service organization, which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. (b) “Solicitation” means solicitation for charitable purposes, solicit contributions for charitable purposes, or sales solicitation for charity as defined in this chapter. (c) “Solicitation for charitable purposes” or “solicit contributions for charitable purposes” means any request, plea, entreaty, demand, invitation, or attempt thereof, to give money, property or other consideration, in connection with which:
(1) Any appeal is made for charitable purposes;
(2_ The name of any charity or charitable organization is used or referred to in any such solicitation as an inducement for making any such donation; or (3) Any statement is made to the effect that such donation or any part thereof will go or will be used for any charitable purpose or organization. (d) "Sales solicitation for charity" means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine subscription, membership, merchandise, ticket of admission, product, or any other thing or service in connection with which:
(1) Any appeal is made for charitable purposes;
(2) The name of any charity or charitable organization is used or referred to in any such solicitation as an inducement for making any such sale; or (3) Any statement is made to the effect that the proceeds of such sale or any part thereof will go or will be used for any charitable purpose or organization. (e) "Sale" includes a gift made with the hope or expectation of monetary compensation. 108 - 130 March 12, 2024
(f) A "solicitation for charitable purposes" or “sales solicitation for charity” as defined in this section shall be completed when made, whether or not the person making the same receives any contribution or makes any sale or purchase referred to in this chapter. (g) A "solicitation for charitable purposes" or “sales solicitation for charity” does not include the following:
(1) Payments required by law to be collected or paid; or (2) Payments to or from governmental agencies; or
(3)Solicitations made by an association or its authorized agents and employees to its own members and employees; or
(4) Activities which the city is preempted from regulating by state law.

Section 5-3.303 (Application Procedure)
(a) An applicant for a permit under this chapter must complete the application form supplied by the City under the penalty of perjury, which requests the following information.
(1) The name and address of each charity benefitted by the solicitation. (2) The names and addresses of all persons who will be conducting the solicitation.
(3) The nonprofit-tax-exempt status under both state and federal tax law of the organization soliciting for charitable purposes, or if not tax-exempt, the charitable purpose of the organization or the charity benefitted by the solicitation, and the address and telephone number of the benefitted charity.
(4) If the applicant is declaring, stating, or in any way representing to prospective donor or purchasers that the donation or sale is wholly or partially tax-deductible, the applicant shall provide with the application the most recent letters of tax exemption issued by the Franchise Tax Board of the State of California and the Internal Revenue Service of the United States of America.
(5) If there is no charity benefitted, the manner in which the money or other consideration collected will be utilized for charitable purposes. (6) A statement regarding the amount, stated as a percentage of the total donation or purchase price, that will be used for a charitable purpose. (7) If paid fund raisers are paid a set fee rather than a percentage of the total amount raised, the estimated amount of direct fundraising expenses. 109 - 130 March 12, 2024
(8) The percentage of the total gift or purchase price, if any, which may be deducted as a charitable contribution under both state and federal law. (9) The applicant must agree and state that the person solicited may request information regarding the revenues and expenses from the benefitted organization, including its administration and fundraising costs, by contacting the organization's office at the address disclosed, and that the organization must provide this information within seven days after receipt of the request.
(10) The beginning and ending dates of the charitable solicitation. (11) The applicant must date and subscribe their name under penalty of perjury under the laws of the State of California declaring that the information contained on the application is true and correct.
(b) The City Manager determines whether the information contained in the application meets the requirements of this section.

Section 5-3.304 (Duration of Permit)
(a) No charitable solicitation permit is valid for longer than a year. An applicant must apply for renewal of the permit using a form prepared by the City. (b) No charitable solicitation permit grants the right to solicit other than between the hours of 10:00 a.m. and 7:00 p.m.

Section 5-3.305 (Permit Review Standards)
(a) The City shall issue a charitable solicitation permit whenever it finds the following facts to exist:
(1) That all of the statements made in the application are true; (2) That the applicant has not engaged in any fraudulent transactions or enterprise;
(3) That the solicitation will not be a fraud on the public; (4) That the cost of raising the funds will be reasonable. Any such cost in excess of sixteen (16) percent for direct gifts, or seventy-five (75) percent for sale and benefit affairs, or ten percent (10%) for all wages, fees, commissions or emoluments paid or to be paid to all salespersons, solicitors, collectors, conductors, and managers, of the total amount collected shall be considered to be unreasonable unless special facts are presented showing that peculiar reasons make a cost higher than said sixteen (16) 110 - 130 March 12, 2024
percent or said seventy-five (75) percent, or said ten percent, respectively, reasonable in the particular case;
(5) That none of the following methods of solicitation are to be employed:

A. Solicitations by telephone by persons employed and paid primarily for that purpose;
B. Solicitations by children under fourteen (14) years of age except where both of the following exist: (a) the children are members of the organization for whose benefit the solicitation is made, and (b) all funds so solicited, less permissible costs, are expended solely for the direct benefit of the children locally.

C. Delivery by mail or otherwise of any unordered merchandise.

Section 5-3.306 (Permit Nontransferable)
(a) Any permit issued under this chapter is nontransferable and must be returned to the City, within two days of its date of expiration, together with all facsimile copies.

Section 5-3.307 (Identification Cards)
(a) If the City issues a permit under this chapter, it shall distribute an identification card to the applicant and each person conducting the solicitation. The identification card must be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the charity, and must contain the name and address of the charity or the person who signed the card. The information contained on the card must be presented in at least ten-point type and include the following information:

1. The name and address of the charity benefitted.

2. If there is no charity benefitted, the manner in which the money or other consideration collected will be utilized for charitable purposes.

3. The amount, stated as a percentage of the total donation or purchase price, that will be used for a charitable purpose.

4. The non-tax-exempt status of the charity or fund, if the organization or fund for which the money or other consideration is being solicited does not have a charitable tax exemption under both federal and state law.

5. The amount of donation, stated as a percentage, if any, that is tax deductible. 111 - 130 March 12, 2024

6. If no portion of the donation or sale is tax deductible, the card must state in at least twelve-point bold face type on the top of the card that "This contribution is not tax deductible."
(b) An identification card, or a true and correct copy thereof, must be in the possession of each and every solicitor over the age of eighteen years whenever such person is soliciting, and such identification card, or copy thereof, must be tendered whenever requested by anyone being solicited, or at the request of any law enforcement officer.

Section 5-3.308 (Suspension or Revocation of Permit)
(a) Any permit issued under this Chapter may be suspended if:
(1) the City Manager finds that the permittee in its operation is, in fact, perpetrating a fraud upon members of the general public. (b) Any permit issued under this Chapter may be revoked if:
(1) the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of the permittee would:

A. operate to defraud the public; or
B. be contrary to public welfare.

Revocation may be made by a registered letter signed by the City Manager and directed to the address of the applicant as stated upon the application. The charitable solicitation permit becomes null and void on and after the third date from the date after which the letter is deposited in the United States Post Office in the City.

Section 5-3.309 (Nuisance; unlawful conduct)
(a) Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.
(b) The practice of being in and upon private residences in the city by solicitors for the purpose of soliciting for charity or sales solicitation for charity when the owner(s) or occupant(s) indicate by a plainly visible sign that such practice is not wanted is declared a nuisance.
(c) Noncompliance by any person or organization with the provisions of this chapter shall subject the person or organization, in addition to and concurrent with other penalties and remedies available under law, to criminal prosecution as a misdemeanor which can include imprisonment for up to six months in the county jail or a fine of up to one thousand dollars, or both such imprisonment and fine. 112 - 130 March 12, 2024
(d) Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the California City Municipal Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by any persons or charity related to the violation. (e) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

Section 5-3.310 (Appeal)
Within five days from the date of the denial of a charitable solicitation permit application or suspension or revocation of a charitable solicitation permit under this chapter, an applicant or person may file a written request for a public hearing before the City Council, together with written exceptions to the decision of the City Manager denying the application or suspending or revoking the charitable solicitation permit. Upon the filing of such a request, the City Manager shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within 30 days after the request is filed. At the hearing the applicant may present evidence in support of their application. Any interested person may, in the discretion of the City Council, be allowed to participate in the hearing and present evidence in opposition to the applicant. Within ten days after the conclusion of the hearing the City Council must render its decision either granting or denying the application for a permit or upholding or reversing the City Manager’s decision to suspend or revoke the charitable solicitation permit. Therein the City Council shall state the facts upon which the decision is based, and its ruling upon any exceptions filed to its original decision upon the application. This decision shall be filed in the City Clerk’s office for public inspection and a copy shall be served by registered mail upon the applicant and all parties to the hearing.

Section 5-3.311 (Books and Records)
No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all contributions to it and all disbursements are entered upon the books or records of such person's treasurer or other financial officer. For each solicitation a separate folder containing all vouchers supporting said accounting and containing a record of all contributions and disbursements will be maintained and available for inspection for a period of one year from the end of the period of solicitation.

Section 5-3.312 (Use of fictitious name, fraudulent misrepresentation and misstatements prohibited)
113 - 130 March 12, 2024
No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of their name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter.

SECTION 3. SEVERABILITY.

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 _________, 2024.
______________________________________
Kelly Kulikoff, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ 114 - 130 March 12, 2024
Victor M. Ponto, City Attorney Socorro Chavez, City Clerk 115 - 130 March 12, 2024

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. 24-813, was introduced at a regular meeting of the City Council of the City of California City held on the __ day of ________, 2024, and was passed by the City Council of the City of California at a regular meeting held on the __ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Socorro Chavez, City Clerk
116 - 130 March 12, 2024
ITEM NO. NB 6.

COUNCIL AGENDA ITEM
MARCH 12, 2024
PREPARED BY: VICTOR PONTO, CITY ATTORNEY
SUBJECT: CITY MANAGER EMPLOYEMENT AGREEMENT – PATRICK MARSH NOTE THAT NEGOTIATIONS ARE ONGOING AS OF THE PUBLICATION OF THIS STAFF REPORT.

A COPY OF THE FINAL DRAFT OF THE AGREED UPON CONTRACT WILL BE PROVIDED DURING THE SUBJECT MEETING.

BACKGROUND
On February 27, 2024, the City of California City (“City”) Council appointed Patrick Marsh as the City Manager, subject to approval of his employment contract at a Regular Meeting of the City Council.

The City has actively engaged in recruiting a City Manager for approximately two years. Those efforts included hiring consultants, advertising on various platforms and conducting interviews. After the latest round of interviews, the Council determined that Patrick Marsh was the best candidate for the open position.

Given Mr. Marsh’s experience working with other municipal agencies, the City Council believes Mr. Marsh will be a good fit for the California City community and will work well with City staff and City Council.

DISCUSSION
After contract negotiations, the City and Mr. Marsh now wish to memorialize the terms and conditions for Mr. Marsh’s employment as detailed in the “Employment Agreement for Position of City Manager” (“Agreement”).

The proposed Agreement, attached hereto, is for an initial term of three (3) years and up to two (2) one (1) year extensions, beginning February 27, 2024. In addition to the standard terms and conditions, the Agreement provides for the following salary and benefits:
117 - 130 March 12, 2024
- Annual salary of $185,000.00;
- 80 hours of sick leave and 80 hours of vacation leave (each have a cap of 100 respectively;
- 80 hours of executive leave;
- Six Months severance should termination under certain circumstances apply; and - Use of a City-owned vehicle.

RECOMMENDATION
Staff recommends that the City Council
(1) Approve the draft Employment Agreement for Position of City Manager that has been negotiated and published, and is included as Exhibit A; Or
(2) Direct staff to continue negotiations based on feedback during open session deliberations;
or
(3) Reject the Agreement, terminate Mr. Marsh’s appointment, and appoint an acting City Manager.

ENVIRONMENTAL REVIEW
N/A.

Exhibits:

Exhibit A: [“Employment Agreement for Position of City Manager] Exhibit B: [“Resolution No. 03-24-3020"]
118 - 130 March 12, 2024

EMPLOYMENT AGREEMENT
For the Position of

CITY MANAGER
This Employment Agreement for the Position of City Manager (“Agreement”) is made and entered into this 1
st Day of March 2024, by and between the CITY OF CALIFORNIA CITY ("CITY"), a California municipal corporation and general law city, and PATRICK MARSH (“MARSH”), an individual, on the following terms and conditions set forth below.

Both CITY and MARSH may individually be described as a “Party” or jointly described as the “Parties.”

RECITALS
A. CITY desires to employ the services of MARSH as its City Manager, to carry out the duties and responsibilities of City Manager as defined herein and in the CITY’s Municipal Code.

B. MARSH desires to accept employment as City Manager in consideration of, and subject to, the terms, conditions, and benefits set forth in this Agreement.

C. CITY has selected MARSH after an extensive competitive recruitment process, including review of resumes and related materials from numerous potential candidates, and interview with the full City Council.

OPERATIVE PROVISIONS
In consideration of the terms, conditions, promises and agreements herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. MARSH accepts employment with CITY as its City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. MARSH shall provide service at the direction and under the supervision of the City Council. It is the intent of the parties that the City Manager shall keep the City Council fully informed of all significant ongoing operations of CITY. Toward that end, MARSH shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY.

1.2 Commencement Date / Period of Employment. The Parties agree that this Agreement shall commence and will be effective as of March 1, 2024, provided that and subject to, approval of the Agreement by CITY’s City Council, execution of the Agreement by MARSH and CITY’s Mayor, and MARSH’s successful completion of a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider as determined by CITY Human Resources, no later than fourteen (14) calendar days after execution of this Agreement. MARSH shall serve as City Manager for 119 - 130 March 12, 2024
an initial term of three (3) years and up to two (2) one (1) year extensions upon agreement of the parties, subject to either of the parties terminating the Agreement as provided in Section 3 [Termination] of this Agreement.

1.3 At-Will. MARSH acknowledges that he is an at-will employee of CITY who shall, at all times, serve at the pleasure of the City Council during the period of his service hereunder. The terms of CITY’s Personnel Manual, memoranda of understanding, or collective bargaining agreements (collectively “Personnel Policies”), except as otherwise specifically provided in this Agreement to the contrary, shall not apply to MARSH, and nothing in this Agreement is intended to, or does, confer upon MARSH any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment as City Manager, except as is expressly provided in Section 3 [Termination] of this Agreement.

Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of MARSH as City Manager as provided in Section 3 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of MARSH to resign at any time from the position of City Manager with CITY, subject only to the provisions set forth in Section 3 [Termination] of this Agreement.

1.4 Duties. MARSH shall serve as CITY’s City Manager and shall be vested with the powers, duties and responsibilities of the City Manager set forth in the CITY’s municipal code, as may be amended from time to time, the terms of which are incorporated herein by reference, and as set forth in the Job Description for the position of City Manager attached hereto and incorporated hereby by reference as Exhibit “A". Any conflict between rights, obligations, duties or terms this Agreement and the CITY’s municipal code shall be resolved in favor of this Agreement. It is the intent of the City Council that MARSH act as City Manager of CITY’s organization. Without additional compensation, MARSH shall provide such other services as are customary and appropriate to the position of City Manager, including additional services assigned from time to time by the City Council as may be consistent with California law and the CITY’s municipal code. MARSH shall devote his best efforts and full-time attention to the performance of these duties.

1.5 Hours of Work. MARSH shall devote the time necessary to adequately perform his duties as City Manager. The Parties expect that a minimum of forty (40) hours per week during regular business hours, as well as additional time outside of the normal business hours, will be required to satisfy this requirement. Toward that end, MARSH shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of such hours delivers adequate availability to the City Council, CITY staff, and members of the community during normal CITY business hours and for the performance of his duties and of CITY business. The position of City Manager shall be deemed an exempt position under California wage and hour law and under the federal Fair Labor Standards Act.

MARSH’s compensation (whether salary or benefits or other allowances) is not based on hours worked and MARSH shall not be entitled to any compensation for overtime. 120 - 130 March 12, 2024

1.6 Regional and Professional Activity. The City Council desires MARSH to be reasonably active in national, statewide, regional and professional organizations that will contribute to City Manager’s professional development and standing and that will contribute to the advancement of CITY’s interests and standing. Toward that end, MARSH may, upon advance approval by the City Council, undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California League of Cities, the International City/County Management Association, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect his employment as City Manager or the performance of his duties as provided herein and have been approved in advance by the City Council. CITY agrees to budget and pay for the dues and subscriptions of the City Manager necessary for his participation in national, statewide, regional and professional organizations that have been approved by the City Council. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, MARSH’s reasonable and necessary travel, business and subsistence expenses for the activities described herein.

1.7 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, MARSH shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of MARSH’s duties as City Manager.

1.8 Reimbursement. CITY shall reimburse MARSH for reasonable and necessary travel, subsistence and other business expenses incurred by MARSH in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and relevant CITY policies.

2. Compensation.

2.1 Base Salary. MARSH shall receive an annual base salary of one hundred eighty five thousand dollars and no cents ($185,000.00) paid on a pro-rated basis according to the bi-weekly payroll schedule in place for CITY employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs.

2.2 Adjustments to Compensation. Any adjustment in compensation, including base salary, COLA, merit increases, adjustment in benefits or other compensation shall be solely at the discretion of the City Council. Adjustments to MARSH’s compensation are not governed by or subject to CITY’s Personnel Policies. All adjustments in compensation are subject to approval by the affirmative majority vote of the City Council voting on the item at a duly noticed and agendized public meeting. Adjustments to compensation are also subject to MARSH satisfactorily completing, in the determination of the City Council, an 121 - 130 March 12, 2024
annual performance evaluation, to be conducted and completed by the last regular Council meeting in October of each year. Should the parties not be able to perform the evaluation in October, it shall be conducted at the soonest agreeable date for the parties.

3. Benefits.

3.1 Benefit Group. CITY will provide MARSH benefits consistent with those provided to CITY at-will management employees, including health, dental, vision, and disability insurance benefits, except as expressly stated herein to the contrary.

3.2 Vacation. Upon the Commencement Date, MARSH shall be credit with eighty (80) hours of vacation leave, which shall continue to accrue at four (4) hours per payperiod. Any unused, accrued vacation not in excess of 100 hours shall roll over to the next calendar year. Any hours in excess of 100 hours remaining in MARSH's vacation leave bank on December 31 shall be paid to him at his current rate of pay.

3.3 Sick Leave. Upon the Commencement Date, MARSH shall be credited with eighty (80) hours of sick leave, which shall continue to accrue at four (4) hours per payperiod. Accrued Sick Leave shall roll over from year-to-year subject to a cap of one hundred (100) hours. Unused sick leave shall have no cash value upon separation of employment.

3.4 Executive Leave. Upon the Commencement Date, MARSH will be credited with eighty (80) hours of Executive Leave. Eighty (80) hours of Executive Leave shall thereafter be credited annually on the Agreement’s anniversary date. Accrual of Executive Leave is capped at one hundred (120) twenty hours. Unused Executive Leave shall have no cash value upon separation of employment.

3.5 Bereavement Leave. In the event MARSH is absent from work by reason of a death in the immediate family, he may be allowed a leave of absence with pay. MARSH may be allowed up to five (5) cumulative working days, or forty (40) hours, per occurrence.

Such leave will not be deducted from MARSH’s sick leave. Bereavement leave shall have no cash value upon separation of employment.

3.6 Holidays. MARSH shall receive paid City holidays in the same manner as other at-will management employees and such hours shall not be deducted from any leave bank.

4. Retirement Benefits.

4.1 Benefit Formula and Employee Contribution. CITY intends to maintain its current retirement plan with the State of California’s Public Employees Retirement System 122 - 130 March 12, 2024
(“CalPERS”) and to include MARSH thereunder consistent with relevant state law and shall receive the same PERS benefit provided to non-sworn CITY employees.

4.2 Deferred Compensation. MARSH shall be entitled to participate in the City's deferred compensation plan.

5. Miscellaneous Benefits.

5.1 Assigned City Take-Home Vehicle. During the period of employment, CITY will provide MARSH a CITY-owned vehicle assigned to him for his business use, including travel to and from his residence and work, but not including personal use, except for incidental personal use during work hours or during commute times. CITY shall pay for all eligible fuel costs, premiums for a policy of auto liability coverage, and regular maintenance and repair and shall otherwise keep the vehicle in good working condition. MARSH shall obey all traffic laws relating to operation of motor vehicles and shall use due care and caution in its operation and report any damage or accident involving the Take-Home Vehicle promptly to CITY risk management. MARSH shall be responsible for damage, including costs of repair, to the Take Home Vehicle caused by negligence or violation of state law.

5.2 Related Business Equipment. CITY shall issue MARSH a CITY-owned cellular phone to be utilized for CITY business purposes. CITY shall pay the associated data plan.

6. Termination.

6.1 By MARSH Not-for-Cause. MARSH may terminate this Agreement for any reason, and at any time, by providing CITY with forty-five (45) days prior written notice.

6.2 By CITY Not-for-Cause. MARSH is an at-will employee serving at the pleasure of the City Council. Accordingly, the City Council may terminate this Agreement at any time by a majority vote of its members with forty-five (45) days prior written notice. No further salary or benefits shall be paid after the date of termination of this Agreement cause except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which MARSH may otherwise be entitled to receive under the law.

The City Council may not, however, remove MARSH during the 90-day period preceding or following any City election for membership on the City Council, or during the 90-day period following any change in membership of the City Council, except upon unanimous vote of the City Council or for cause as defined more fully below. 123 - 130 March 12, 2024

6.3 Severance. In the event the City Council terminates this Agreement not-forcause, MARSH shall be entitled to six (6) months’ base salary or the remainder of the term of this Agreement, whichever is less. This severance shall be independent of any other form of severance provided by the City's joint powers insurance authority or other carrier, if any.

6.4 By CITY for Cause. CITY may immediately terminate this Agreement at any time by providing MARSH written notice of his termination for cause. No Severance or any further salary shall be paid in the event MARSH’s employment is terminated for cause except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which MARSH may otherwise be entitled to receive under the law. For purposes of this Agreement, cause for termination shall be deemed to exist where:
(1) MARSH is convicted of any misdemeanor or felony under state or federal law;
(2) MARSH commits any flagrant act of dishonesty or any act involving moral turpitude, which materially and adversely affects the image of the City or the ability of the City Manager to execute his duties or his ability to lead City employees; (3) MARSH commits gross negligence in the performance of any of his City Manager duties. Mere inefficiency or good faith errors in judgment or discretion shall not constitute “gross negligence”;
(4) MARSH’s abuse of drugs or alcohol that materially and adversely impacts his ability to perform his duties as City Manger;
(5) MARSH repeatedly is absent from work without prior
authorized excuse;
(6) MARSH breaches any material term of this Agreement; (7) MARSH commits a violation of the CITY’s Municipal Code; (8) MARSH commits a material failure to disclose information regarding the business or operation of the CITY that hinders or impairs the City Council’s ability to make informed decisions on projects, policies or legislative actions, or;
(9) MARSH commits a material failure to follow clear and legal directives of a majority of the City Council provided in a duly noticed public meeting, including closed session.
124 - 130 March 12, 2024
MARSH expressly waives any rights to any form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except when MARSH has a California or federal constitutional right to a name-clearing hearing.

6.5 Termination Obligations. MARSH agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined in Section 7), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of MARSH’s employment. MARSH’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.

6.6 Benefits Upon Termination. All benefits to which MARSH is entitled under this Agreement shall cease upon MARSH’s termination, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to MARSH, or unless otherwise required by law.

6.7 Reimbursement Under Certain Circumstances. MARSH acknowledges that Government Code Sections 53243 through 53243.4, inclusive, may require MARSH to reimburse CITY for certain payments made by CITY to MARSH during the term of his employment with CITY should he be convicted of a crime within the meaning of Section 53243.4.

7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by CITY, MARSH shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, MARSH shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. MARSH’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

8. Conflict Of Interest.

MARSH represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, 125 - 130 March 12, 2024
which would conflict in any manner or interfere in any way with performance of his services under this Agreement.

9. General Provisions.

9.1 Vehicle Operation. MARSH shall operate any vehicle used in connection with the performance of his duties as City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile driver’s license during the period of employment.

9.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in MARSH’s personnel file. MARSH agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of California City
21000 Hacienda Blvd.

California City, CA 93505
Attn: Mayor and City Council
City Manager’s Address:
[Deliver to last updated address in
personnel file.]

9.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Gov. Code § 810 et seq.], CITY will indemnify, defend, and hold MARSH harmless from and against any claim, action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during MARSH’s tenure as City Manager (“Matters”). This indemnification obligation shall survive expiration and termination of this Agreement only as to those Matters occurring during the term of the Agreement, and for which the corresponding claim, action, demand, suit, monetary judgment or other legal or administrative proceeding occurs or continues after the expiration or termination of this Agreement.

9.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. 126 - 130 March 12, 2024

9.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of MARSH’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of MARSH, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to MARSH and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

9.6 Amendments. This Agreement may not be amended except in a written document signed by MARSH, approved by the City Council, and signed by CITY’s Mayor.

9.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

9.8 Assignment. MARSH shall not assign any rights or obligations under this Agreement.

9.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

9.10 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

9.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Kern County, State of California.

9.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

9.13 Acknowledgment. MARSH acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
127 - 130 March 12, 2024
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and MARSH has signed and executed this Agreement, as of the date first indicated above.

CITY MANAGER

PATRICK MARSH

CITY OF CALIFORNIA CITY
Kelly Kulikoff, Mayor
ATTEST:

Socorro Chavez, City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
Victor Ponto, City Attorney
128 - 130 March 12, 2024

RESOLUTION OF CITY COUNCIL OF THE CITY OF CALIFORNIA CITY

APPOINTING PATRICK MARSH AS CITY MANAGER
Resolution No. 03-24-3020
March 12, 2024
WHEREAS, the City Council has been actively recruiting for the position of City Manager over the last two years; and
WHEREAS, several candidates were interviewed and evaluated for the position of City Manager; and
WHEREAS, the City Council appointed Patrick Marsh as the City Manager for the City of California City on February 27, 2024, subject to approval of an employment agreement on March 01, 2024; and
WHEREAS, the entire employment agreement, contract or appointment document between Patrick Marsh and the City of California City has been reviewed by this body and is attached herein; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the employment of Patrick Marsh as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of City Manager for the City of California City.

PASSED, APPROVED, AND ADOPTED on this 12th day of March 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Kelly Kulikoff, Mayor
ATTEST:
______________________
Socorro Chavez, City Clerk

APPROVED AS TO FORM
______________________
Victor Ponto, City Attorney
129 - 130 March 12, 2024
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 at a regular meeting thereof held on the 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Socorro Chavez, City Clerk
130 - 130 March 12, 2024

California City City CouncilMarch 12, 2024

California City City Council
March 12, 2024