Kelly Kulikoff
Mayor
Ronald Smith
Mayor Pro Tem
Jim Creighton
Councilmember
Michael Kulikoff
Councilmember
LaShelle Cooper
Councilmember
AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY APRIL 9, 2024
CLOSED SESSION @ 3:00PM
REGULAR MEETING @ 5:00PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:
1.Web Link: https://us06web.zoom.us/j/84453373421
2.Meeting ID: 844 5337 3421
3.Public can dial into the Zoom line:
a.One tap mobile: +16694449171,87254527178# US
b.Dial the following number: +1 564 217 2000 US
4.Comments
a.Public must join Zoom meeting to comment
b.Keep your mic on Mute until you are requested to speak c.Use the “Raise your Hand” button to request to speak or, d.Send a chat request to City Clerk for request to speak e.When requested to speak state your name for the record f. Re-mute when your time to speak has ended
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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. ** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 3:00 PM
CALL TO ORDER
ROLL CALL
Councilmembers: Cooper, 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-Existing Litigation Paragraph (1) of subdivision (d) of Section 54956.9: Two (2) Matters: Zheng et al v. City of California
• CS 2. Conference with Legal Counsel-Anticipated Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Real Property Dispute– One (1) Matter • CS3. Conference with Legal Counsel – Real Property Negotiations section 54956.8: Two (2) Matters APN: 350-040-01 and APN: 302-62-4
REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Cooper, Kulikoff, Creighton, Mayor Pro Tem Smith, Mayor Kulikoff
DEPARTMENTAL REPORTS
• Planning
• OHV
• Parks and Recreation
• Housing
CITY CLERK REPORTS/LATE COMMUNICATIONS
• Correspondence from J.M. Powers dated March 30, 2024, March 31, 2024, and April 01, 2024 • Correspondence from DJ Twohig requested it be part of the official meeting records.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
OATH OF OFFICE
• Ryder White-Fire Chief
• John Elmes- SDI Advisory Committee
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PRESENTATION
• APWA-GIS- Award Presentation and Demonstration- by Brian Glidden There are no attachments for this presentation
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, and 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 are to be limited to (3) three minutes. Roll call vote required.
CC. 1 Approve City Check Register dated 03/22/2024 through 04/04/2024 by Finance Manager, Kenny Cooper
CC. 2. Approval of Proposal for Grant Funded Borax Bill Park Fence Project by OHV Manager, Inge Elmes
CITY MANAGER REPORT
CM 1. Resolution for amending the salary schedule- Fire Chief by Acting City Manager, Latisha Lamberth
CONTINUED BUSINESS
CB1. Discussion and potential direction for staff regarding Measure A Financial Impact – Mayor, Kulikoff
CB2. Forensic Audit Presentation- Acting City Manager, Latisha Lamberth
NEW BUSINESS
NB 1. Introduction of Ordinance Amending Sections 9-2.501 (Permitted Uses) and 9-2.2455 (Sites and Structure Requirements) of the California City Municipal Code to Address Fostering of Animals and Keeping of Household Pets- by City Attorney, Victor Ponto NB 2. Aspen Mall Lighting and Landscape Intent Meeting- by Finance Manager, Kenny Cooper 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. Leanndrea Weible, Acting City Clerk. 3 of 88 04/06/2024
PLANNING DEPARTMENT REPORT
April 09, 2024
FROM: ANU DORAVARI - PLANNING CONSULTANT
SUBJECT: PLANNING DEPARTMENTAL REPORT JUNE 2023 – MARCH 2024 Staff
Consultant Planner Anu Doravari
Planning Admin (Lilia “Liz” Garcia)
Staff has compiled the following table to reflect the projects approved or in current review between June 2023 and March 2024. Inactive, suspended projects are not included in this report.
Project Inventory and Overview
June 2023 - March 2024
ZC – Zone Change
CUP – Conditional Use Permit
LM – Lot Merger
LLA – Lot Line Adjustment
V- Variance
PC – Planning Commission
CC – City Council
SDR – Staff Development Review
DH – Director’s Hearing
PSA – Professional Services Agreement
Project Number Description Project Status
1. ZC 21-07 Zone Change Calrox II Approved at CC
2. ZC 22-02 Zone Change Padron Metals Approved at CC
3. ZC 22-04 Zone Change Olivia Davidson Approved at CC
4. CUP 19-04 Reimbursement Agreement Approved at CC
5. CUP 19-03 Reimbursement Agreement Approved at CC
6. CUP 23-01 Winsome Church Approved at PC
7. CUP 23-02 Iglesias Christiana Church Approved at PC
8. CUP 23-03 Dollar General Store Approved at PC
9. CUP 23-05 Verizon Tower Approved at PC
10. CUP 23-06 Field Recycling Approved at PC
11. CUP 23-08 Hernandez Recycling Centre Approved at PC
12. CUP 23-09 Mobile Home Park Approved at PC
13. CUP 24-01 New Leaf Energy Under staff review
14. SPR 23-10 Sarkis Cannabis Facility SDR completed
15. SPR 23-06 K-Pack SDR & DH completed
16. SPR 24 - 01 New Leaf Energy - Solar SPR under review
17. SPR 23-05 Megatech Cannabis SPR under review
18. SPR 23-08,09 Cannabis Facility DH Completed
19. SPR 22-44 Eland 2 Solar SPR under review
20. SPR 22-45 Bellfield Solar SPR under review
21. SPR 22-47 Calrox – I DH Completed
22. SPR 22-49 Xo Quality SPR under review
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23. SPR 22-39 Global Cannabis Corp Missing docs from
applicant
DIRECTOR’S HEARINGS
24. DH 22-06 K-Pack DH completed
25. DH 21-42 SFV caregivers DH scheduled 04/17/24
26. DH 23-08,09 Da Vinci Cannabis Manufacturing DH completed
27. DH Mojave
Jade
Ceqa Addendum DH completed
28. DH Attil
Farms
Ceqa Addendum DH completed
29. DH 23-06 K-PACK DH completed
30. DH 21-01 Traditional LLC DH scheduled 04/17/24
VARIANCE/LM/LLA
31. V 23-03 Minor – Fence height Approved by Planning staff
32. LM 23-03 Engineering Review
33. LM 23-02 Approved
34. LLA LM 23-
01 Engineering Review
35. LM 24-01 Tropicana Grocery Store Engineering Review
PLANNING AGREEMENTS/RESOLUTIONS
36. PSA – GIS
Mapping
PSA with AESI PSA under legal review
37. PSA – EJ SB
1000
PSA with PlaceWorks PSA under legal review
38. 23-802 4 Plex Approved at CC
39. SB 9 Applicability to CalCity Discussion Presented at PC
40. Housing
element
Key Findings Joint CC/PC April 16 2024
MINOR SPR’s
41. SPR 23-13 Amore Furniture Store Approved by Planning staff
42. SPR 23-16 Rapid Auto Registration Approved by Planning staff
43. SPR 23-17 Life Medical Approved by Planning staff
44. SPR 23-18 Frontier Real Estate Service Approved by Planning staff
45. SPR 23-19 ProCalCity Non-profit Approved by Planning staff
46. SPR 23-20 Samy’s Secret Approved by Planning staff
47. SPR 23-22 U-Stor City – Storage place Approved by Planning staff
48. SPR 23-23 Mr. Tomato Approved by Planning staff
49. SPR 23-24 La Conquista Approved by Planning staff
50. SPR 24-01 Sakura Spa Approved by Planning staff
51. SPR 24-02 Reba’s Mexican Grill Approved by Planning staff
52. SPR 24-03 Soraya’s Cassis Thrift Store Approved by Planning staff
53. SPR 24-04 Las dos Rosa’s food truck Approved by Planning staff
54. SPR 24-05 Stix Churroholics Approved by Planning staff
55. SPR 24-06 Los Culichis Approved by Planning staff
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Planning Department financial status March 2024
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DR 2.
COUNCIL AGENDA ITEM
APRIL 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
The inclement weather impeded on the influx of visitors for Easter Holiday Weekend. A total of 22 RV groups were visible during that weekend. The last holiday weekend, before the summer, will be Memorial Day Holiday weekend. If weather permits, the city should see an influx of OHV visitors before season end.
Operations
Staff will continue with ground operations by cleaning up the desert, maintaining roads and trails, and upkeeping amenities. Park Aids will continue to assist visitors as they stop at Borax Bill Park and assist with maintaining facilities.
Manager Updates
Staff is preparing for the upcoming new Permit Program season.
Finance Report
For the month of March, OHV sales totaled $7,840.00 . These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.
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CITY
COUNCIL
DATE: April 9, 2024
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of March
Events
The staff are continuing the planning of the annual Desert Tortoise Days event and hoping to include a 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.
Operations
During the month of March, the rec maintenance team and landscaping team partnered with public works to begin weed abatement in the center median. Staff continue to work with nonprofits and building a volunteer base. The Strata Center continues to be open to basketball practice, game room activities, volleyball, and open gym.
The maintenance staff’s focus other than day to day repair is weed abatement. The Maintenance staff continue going to Balsitis regularly to pick up trash and clean and maintain the area.
Landscaping staff will also be working on the upkeep of the landscaping around the chamber building.
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 still diligently working on the Splash pad project. At the recent bid opening for the Splash pad project there were no bids submitted, as a result, staff gas reached out to Sourcewell and will be utilizing their contract DR 3
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solutions for this specialized project. Since there were no bids at the bid opening, the finish date will also be delayed. As soon as there is more information, it will be made available.
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 5-6p
Open Studio (art) - Mondays and Wed at 10
Future Programming
Staff have begun Summer Camp preparations and are also continuing to look for bands for concerts in the park this summer.
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COUNCIL AGENDA ITEM
April 9, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing
BACKGROUND/ DISCUSSION
Desert Jade
Currently have 87 apartments filled.
8 Units are still undergoing rehab, 6 units just need flooring to be completed. 1 unit is set for new lease on Friday 04/05/24.
1 unit just became vacant on 03/21/24.
All inspections and repairs have been completed for Desert Jade Waitlist currently has 71 applicants.
Legends
Currently has 5 apartments and 5 houses filled.
Inspection is set for Mid-April
Waitlist is combined with Desert Jade
DR 4
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S
TINY HOMES &
SMALLER HOMES
OVERLAY DISTRICT
Vision & Purpose, District Tracts, Historical Perspective, Questions & Answers, Key Words Describing the Movement, OTG Benefits, Definitions, SDI Tracts, Economic Consequences, Base Housing Allowance, Overlay District Residential Uses, Valid Tract Comparative Analysis, Conclusion and More… Rev. 10.5 July 28, 2020 - Continued Public Hearing 2
Attn: City of California City; Mayor Charles P. McGuire, Mayor Pro-Tem Don Parris, City Council members Nicholas Lessenevitch, Ron Smith, Bill Smith, City Manager Anna Linn, Senior Building Official Joe Barragan C/O City Clerk, Denise Hilliker
Presented by: D. J. Twohig
President/CEO
BIG WEST CORP.
Field/Cell# 951.545.7294
[email protected]
[email protected]
Residential Uses
proposed in Tiny
Home & Smaller
Home Overlay
District (R-THO) –
Otherwise
prohibited in the
City’s 130,200 acre
General Plan
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1 TINY HOMES & SMALL HOMES OVERLAY DISTRICT (R-THO)
VISION & PURPOSE
TABLE OF CONTENTS
TABLE OF CONTENTS ……………………………………………….………. 1
Vision & Purpose ……………………………………………………………….. 2
Table 1 - Proposed Tiny Homes Overlay District Tracts (with Tract Locator) … 2 Table 2 - Questions & Answers ………………………………………….…….... 3 Historical Perspective ……………………………………………………..…….. 4
Key Words Describing the Movement ………………………………...………… 6 Recommended Action ….……………………………………………...………… 6
OTG Living Benefits Mental Restoration …………………………...………...… 6 Definitions ……………………………………………………..………………… 7
Table 3 - The 29 SDI Tracts existing in California City ……………..………….. 7 Table 4 - The Economic Consequences of Tiny Homes District (R-THO) vs. No Action …………………………………………………………………….. 8
E5 Basic Allowance for Housing: Military Housing Area: Edwards AFB …….... 9 Pictures of Tiny Homes & Smaller Homes …………...………………..………... 9 Table 5 - Proposed Tiny Homes District (R-THO) Tracts
Listed with Potential Residential Land Uses ……………...………..……..…….. 10 Tiny Homes Overlay (R-THO) Tracts shown with Cover Pages Illustrated ......... 2,7,12 Table 6 - Valid Comparative Analysis of Tract Suitability for R-THO Overlay .. 12 Demographics of Tiny Home Residents ………………………………………… 13 Conclusion: Residential Uses Allowed in R-THO (with Pics) …………...…….. 14 17 of 88 04/06/2024
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2 According to Senior Building Official Joe Barragan,
Tracts like 2528, 2898, 2812, and many of the others
clearly have NO immediate identifiable land use!
“This ordinance proposed to allow Tiny Home
overlay district in select Tracts is exactly what we
need as a City to attract investment and new
housing into those off the grid areas which
otherwise have no immediate identifiable
residential use!”
- Joe Barragan, Senior Building Official
GO TINY CALIFORNIA CITY!
Smart Living – Tiny Homes & Small Homes
Vision & Purpose; To establish an innovative land use policy that will i) provide for affordable housing for workers, ii) attract future investment into nine California City residential Tracts established over 50 years ago (many which have no current identifiable LAND USES), iii) create a new and exciting industry in California City for manufacturing of Tiny Homes (jobs creation) and iv) add to the general tax base through increased property values in Tracts that are plagued by low values and high tax default rates.
Table 1 – Proposed Tiny Homes Overlay Tracts:
*Tracts 3061, 3062 and 3198 in 2nd Community. All
others in outlying area of the 1st community.
Proposed Tiny Home District Tracts (Left to right)
Tract # Tract Locator
2528 A7
2898 A6
2812 C7
2530 C4
2404 E4
2461 E4
2630 E4
2223 E4
3061 *L9
3062 *L9
3198 *P10,P11
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3 Table 2 - Questions & Answers
1. Are Tiny Homes & Smaller
Homes currently prohibited in
California City?
Yes, the ordinance requires min. 1200 square
foot on new housing construction permits in
the entire city’s over 100 residential Tracts.
2. Is a Tiny Home currently
permitted in other jurisdictions?
Yes, in several jurisdictions, like El Paso
County, Colorado Tiny Home ordinance has
permitted Tiny Homes as full time residences.
Oregon is legislating Building Codes for Tiny
homes
3. Are jurisdictions in California
permitting Tiny Homes as ADU?
Yes, California law allows Accessory
Dwelling Units (ADU) intended to relieve
housing shortage and provide guest/grandma
cottages. Los Angeles, Sonoma, City of
Oceanside, San Luis Obispo and Fresno
County are the ADU leaders in California.
4. How is Cal City Tiny Home
Overlay (R-THO) Different?
Cal City has abundance of empty desert lots in
recorded-engineered Tracts mostly off the Grid
available for Tiny Homes and Smaller Homes.
4. Has someone applied in Cal City Yes, early Y2017, local land owner Twohig, inspired by Tiny House Nation, and his son’s
interest in building Tiny Homes brought this
project forward engaging city officials on the
subject. The current ordinance needs to be
amended for a Tiny Homes Overlay (R-THO).
5. Why now? The Demand for Tiny Homes increases each
year throughout the western USA. The well
planned local ordinance will give positive
media attention pointing to California City
land use planning innovation.
6. Do we have land space for Tiny
Home manufacturing facility?
Yes, there is excellent manufacturing land
space available for a manufacturing facility.
7. How big/ small are Tiny Homes Generally described as 200-500 square feet (or larger).
8. Are these Tiny Homes limited to
trailers?
No. Tiny Homes can be built on permanent
foundations where ordinances permit them.
9. Where would these Tiny Homes
be located?
The proposed ordinance is to permit “Smaller
Homes” or “Tiny Homes” (Overlay) in select
Tracts that have no existing land uses. There
are 9 Tracts remaining in proposed residential
overlay (Table 1 above). Someday with a CUP
perhaps in O/RA (Agricultural Land) or
designated RV parks (similar to El Paso
County ordinance).
10. Who is spearheading this
ordinance?
Multiple citizens requested Planning
Commission (PC) study the Proposed
Ordinance for effective land use policy^.
11. Who supports this proposal? PC and Mayor Pro-Tem Stump directed staff to prepare draft ordinance for consideration
including Tiny Home District Zone Apr 2,
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4 2019 and June 25, 2019 respectively.
Management is congruent.
12. Who has authority over the design
standards?
The draft ordinance submit to City Council
does include design standards.
13. Will architect be required to
engineer the plans?
Yes, in the proposed ordinance, an architect
stamp would be required for a Tiny Home as
permanent residence on foundation.
14. Should moveable Tiny Homes be
allowed?
Yes, require National ANSI and RVIA code
models certified and inspected (park model
RVs) in Planned Unit Developments (PUD).
Otherwise Tiny Homes on Wheels not allowed
in the Tiny Homes Overlay.
15. Are you including Micro Homes in
the Proposal?
No! We are proposing to prohibit Micro
Homes smaller than 200 feet in the Overlay
Tracts. Micro Homes and Tiny Homes on
Wheels might be permitted in a PUD, which is
a separate land use policy.
16. Shouldn’t Smaller Homes also be
allowed?
Yes, we are proposing Smaller Homes larger
than 500 square feet on permanent foundation
meeting all state and local building code
requirements also be permitted in the Overlay
Tracts.
^Historical Perspective:
Land Use/ Tiny Home Advocate Twohig proposed a showcase model Tiny Home community on multi-family zoned property located in Tract 2528 (previously). Finally, Twohig asked Planning Commission Dec 5, 2017 to support and assist with a positive recommendation to City Council to consider a Tiny Home Ordinance.
Earlier on March 2, 2017 Twohig brought recommendation to City Manager Tom Weil during EDC Board Meeting to develop a Tiny Home ordinance. Twohig offered to build a showcase model and market Tiny Home in California City.
In November 2017, Twohig brought public testimony to Planning Commission recommending staff development of Tiny Home Ordinance.
On Dec 5, 2017, Planning Commission directed staff to bring back draft recommendations for consideration of a Tiny Homes ordinance, the only obstacles to lawfully permit Twohig to develop Tiny Homes in various Tracts.
On Dec 13, 2017 El Paso County passed its Ordinance permitted Tiny Homes on residential tracts, agriculture districts and RV parks with architect stamps and controls gaining positive national media attention while accomplishing several positive regional benefits identified in the purpose of the proposed Ordinance.
Spring 2018 Non-responsiveness from City Officials led Twohig to suspend the Tiny Home Community Planned Project and suspending the Project Team efforts unfortunately.
In August 2018, Oregon held workshops on proposed Building Codes allowing Tiny Homes.
On January 23, 2019 Planning Commission, Chief Building Inspector and I visited California Tiny Homes’ factory previously introduced to Tom Weil 18 months earlier (Twohig’s 2nd visit). With EKDP Alexis attendance, she could tie together non-profits, and engage on the subject of workforce development.
Finally, again, Apr 2, 2019 PC directed staff to prepare an ordinance for consideration, including Tiny Home Overlay, and attach the recommendations delivered to PC, including the Tiny Home Overlay proposed by Twohig and Maevers.
May 30, May 31, 2019 ongoing dialogue with City Officials, Building Officials re: Tiny Home Ordinance should include District with limited number of focus Tracts.
June 25, 2019 Mayor Pro-Tem Gene Stumps directs City Manager to place a Tiny Homes Discussion on City Council Agenda. 20 of 88 04/06/2024
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5 August 1, 2019 City Officials deliver request for proposal for my office to submit Tiny Home resolution, ordinance, staff report, and to help determine the best tracks for a tiny home over lays.
November 19, 2019 ongoing Planning Discussion on Tiny homes. Meeting cancelled due to lack of quorum. Twohig offers to tour Officials in District Tracts equipped with Tract Maps as proposed with table and Tract Map Locator provided.
November 21, 2019 meeting with City Officials CM Anna Linn, Public Works Joe Barragan and Planning Shawn Monk resulted in agreement to meet weekly Thursday mornings 800AM and draft Tiny Home Ordinance with Overlay Tracts for PC consideration by January 2020. Twohig equipped with Tract Maps conducts Land Tour with Joe and Shawn of all the District Tracts in the first community.
December 3, 2019 Public Works Joe Barragan, Fire Marshall Kosick discuss rural calculations for water tanks as necessary to permit OTG Tiny Homes.
December 3, 2019 Planning Commission once again received written proposed Tiny Home District analysis and relevant recommendations from Twohig. Additionally, Twohig equipped with Tract Maps from specifically identified proposed Overlay Tracts brings relevant public testimony in direct contradiction to Planning Director Matt Alexander many objections to Tiny Home Overlay Tracts.
December 5, 2019 Twohig hosts Land Tour equipped with Tract Maps with Planning Commissioner Ron Hogan. Shawn Monk and Jim Creighton also invited. Joe Barragan and Anna Linn in Sacramento. Emphasis of Land Tour was Tracts 2528, 2812, 2223 and the Legends Tract (priority per Planning). Hogan considers Tiny Homes on wheels may be appropriate in PUD. Whereas, Tiny Home Overlay Tracts should permit homes on permanent foundations which meet all current building codes. Proposed District Zone R-TH for specific Overlay Tracts.
December 9, 2019 Twohig conferenced in with City Officials CM Anna Linn, Mayor Pro-Tem Gene Stump and Public Works Director Joe Barragan on the status of Tiny Home draft amendments to City Ordinance, with reference to Twohig analysis and recommendations.
Proposed District Zone R-TH for specific Overlay Tracts.
December 11, 2019 Chief Building Official Joe Barragan drafts proposed Tiny Homes District Ordinance, including sections relevant to Accessory Dwelling Units pursuant to State Law and finally adding Section defining Tiny Homes in specified District with Tiny Home District. Twohig amends draft Ordinance to identify select Tracts, defining Micro Homes, Tiny Homes on Wheels and Smaller Homes with exclusions for Micro Homes and further conditions.
December 12, 2019 Twohig again host the weekly meeting with City Officials and interested persons; CM Anna Linn, Chief Building Official Joe Barragan, Planner Shawn Monk, Planning Commissioner Macedonia all receive copies of Tiny Home Ordinance Draft 2.0 for consideration and discussion. Twohig tours Macedonia to District Tracts proposed equipped with Tract Maps.
December 13, 2019 Planner Shawn Monk delivers Planning Commission Agenda void of the Tiny Home Overlay Draft 2.0. Rather Monks distributes working outline draft (v 1). Calls to Senior Building Official and email follow to CM Anna Linn to use the red pen and present Tiny Home District Draft 2.0 to Planning Commission. Twohig calls on Shawn Monk to do the same.
December 16, 2019 Twohig delivers Tiny Home District presentation Rev. 9.0 and Tiny Home draft Ordinance v.3 to Planning Director, CM and PC Chairman in advance of December 17, 2019 Tiny Homes Agenda Item for public presentation.
December 17, 2019 PC instructs Planning Dept. to bring back a Tiny Home District Ordinance for public hearing. Public Hearing to consider Tiny Home District (R-TH) published December 26, 2019.
December 29, 2019 Twohig meets with Senior Building Inspector Barragan to revise Tiny Homes Draft Ordinance 4.3 (delivered to Planning Dept. with red lines).
December 31, 2019 Planning Dept. delivers Agenda Package for January 7, 2020 Public Hearing inclusive of Draft Ordinance and Final Draft PC Resolution with Recommendation to Council to adopt Tiny Homes District. January 7, 2020 Planning arbitrarily omits recommended language including Smaller Homes, Valid Tract Analysis and Select Tract two hours (3:52 PM) before 6:00 PM public hearing.
January 17, 2020 Planning omits recommended Tracts arbitrarily, delivering invalid analysis.
January 20, 2020 Twohig re-submits comprehensive analysis, recommendations in advance of presenting analysis and recommendations during public testimony January 21, 2020. Council pulls the item from the Agenda.
February 6, 2020 Twohig organizes discussion group with Mayor McGuire, CM-Linn, et. Al. to address critical issues including Analysis with valid Tracts found in Tiny Homes Land Use policy recommendation.
July 7, 2020 Twohig presents Vision & Purpose, Critical Issues, Valid Tract Analysis, and discussion to CM, Mayor, PC Chair and Planning to a) add back in the language arbitrarily removed by Planning re: “Smaller to Homes” and add back in the identified (select) Valid Tracts (9 of 11).
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6 July 14, 2020 Twohig presents Tiny Homes Analysis during City Council duly noticed Public Hearing for consideration and adoption of draft Tiny Homes Ordinance. City Council instructs City Attorney to review and resubmit Draft Ordinance inclusive of Smaller Homes and Select Valid Tracts.
July 26, 2020 Twohig resubmits final analysis and recommended action in support of City Land Use attorney version of Tiny Home Overlay.
July 28, 2020 City Council considers adoption of Tiny Homes Overlay Ordinance.
Key Words describing the movement:
Innovative, space efficiency, independence; OTG, green, reclaimed, reimagined, non-toxic, enthusiasm, artisan, a new chapter; baby boomers becoming empty nesters (downsizing), minimalists with equity, millennials without debt, good for jobs, good for mobility, and great for tax base. Great choice for environmental friendly democrats and self-sufficient republicans! Tiny homes are a big movement! Watch Tiny House Nation one time; and you too will be hooked! Recommended Action:
California City lead with innovative land use policy, resulting in enthusiasm by property owners to responsibly develop available residential lots in nine select Tracts in Tiny Home Overlay (R-THO); off the grid (OTG), or on the grid. Include in the Draft Ordinance “The Purpose” outlined in Analysis provided.
The superior land use policy, once adopted will allow development of otherwise unutilized tracts of land 1.5 Hours north of Los Angeles; perfectly located for attracting independent lifestyles of the many demographics who love, love, love tiny homes.
OTG Living Benefits Mental Restoration according to research University of Utah cognitive Psychologist David Strayer, who studies the effect of living off the grid on our brains. He cites in his finding, the organ is “easily fatigued” and living off the grid is linked to “slowing down” and “stopping the busy work” to look at our surroundings, nature, and it can help us “feeling restored while improving mental performances” … the antidote for modern life. Being in a natural environment is a detox, mental cleansing for our brain! Definitions (as described in Section 9-2.2456 of Tiny Home Ordinance) “Accessory Dwelling Unit (ADU)” - A residential structure on a permanent foundation, independent living quarters, designed as a permanent, year-round residence for one household. There must be an existing Single Family Dwelling on the parcel where the ADU will be built or placed. “Micro Home” – A residential structure smaller than 200 square foot shall be defined as a Micro Home for the purpose of this ordinance. Micro Homes smaller than 200 square foot shall not be permissible in the District zone titled R-TH or otherwise unless specifically incorporated into a Planned Unit Development as provided for in the City Ordinance. “Tiny Home on Wheels” – A structure built, assembled and certified as an RV shall not be permitted as a stand along home unless permitted as an Accessory Dwelling Unit (ADU) as defined herein Section 3 above. Tiny Home on Wheels shall not be permissible in the District zone titled R-TH 22 of 88 04/06/2024
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7 or otherwise unless specifically incorporated into a Planned Unit Development (PUD) on property equivalent are larger than ten acres.
“Tiny Home” – A residential structure between 200 to 500 square feet of living area under roof installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one household that meets these following conditions:
(1) Has at least 200 square feet of first-floor interior living space; (2) Materials used as an exterior wall covering shall as set forth in the Small and Tiny Homes Design Guidelines;
(3) Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim;
(4) Insulation with values of at least R19 for the walls, R38 for ceilings, and R19 (for the floors if on a raised foundation).
“Small Homes” - A residential structure larger than 500 square feet of living area under roof, however, less than 1200 square feet installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one household that also meets the construction requirements set forth for Tiny Homes above.
Table 3 – The 29 SDI Tracts existing in California City (for reference):
2898, 2967, 3060, 3061, 3062, 3070, 3071, 3080, 3081, 3139, 3140, 3186, 3187, 3188, 3192, 3193, 3194, 3195, 3196, 3197, 3198, 3243, 3245, 3353 #City Water Installed (5 - including parts of 3140)
#Portion of 3140 along Driss and Penny Lane (Off Lincoln Blvd. N), 3279, 3280, 3281, 3283, and 3288
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8 Table 4 - The Economic Consequences of Tiny Homes Overlay District (R-THO) vs. No Action GO TINY DO NOTHING + / -
Existing Property Owners in
a jurisdiction of 130,200
acres will have new
residential options on
approx. 1300 acres (1% of
the jurisdiction); added
value.
The ordinance currently prohibits
“Smart Living” aka “Tiny Homes
and “Smaller Homes” in the entire
jurisdiction. Nothing changes;
BLIGHT perpetuates in every Tract;
property owners plagued with
eroding infrastructure, punishing
parcel taxes and unacceptable default
rates.
Homebuyers will have a
new choice (attracting
investment); Tiny Homes,
Smaller Homes and
Traditional Housing in RTHO Overlay; added value.
Ibid. Nothing changes; BLIGHT
perpetuates in every Tract; property
owners plagued with eroding
infrastructure, punishing parcel taxes
and unacceptable default rates.
Some property owners will
opt to sell their land to
interested Tiny Home
buyers, increasing demand
for land in the Tiny Homes
Overlay (R-TH0); added
value.
Ibid. Nothing changes; BLIGHT
perpetuates in every Tract; property
owners plagued with eroding
infrastructure, punishing parcel taxes
and unacceptable default rates.
Local Contractors and
Cottage Home builders
inspired by the land use
policy will consider Tiny
Homes Overlay (R-TH)) to
offer innovative housing
solutions; added value.
New Homes Inventory.
Ibid. Nothing changes; BLIGHT
perpetuates in every Tract; property
owners plagued with eroding
infrastructure, punishing parcel taxes
and unacceptable default rates.
Marketing and Branding of
Tiny Homes Overlay will
gain national media
attention if properly done.
Ibid. Nothing changes; BLIGHT
perpetuates in every Tract; property
owners plagued with eroding
infrastructure, punishing parcel taxes
and unacceptable default rates.
Nimble, responsive,
competent and effective
Land Use policy attracts
business and industry into a
community.
Status Quo mongers and
incompetent land use policy makers
rule the day.
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9 Go Tiny!
Smart Living – Tiny Homes!
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Table 5 - Proposed Tiny Homes Overlay District Tracts (with Potential Residential Land Uses) Tract
#
# of Parcels
within Overlay
Tract
(Estimated)
Single
Family
(R-1)
Multi
Family
(RM-2)
Smaller
Homes
(RTH)
Tiny
Homes
(RTH)
Tiny
Homes on
Wheels
Micro
Homes
2528 372 (Sh. 2 to 5)
2898 578
2812 621
2530 489
2404 207
2461 206
2630 530
2223 476
3061 987
3062 822
3198 1052
Total: 5645 are recommended in the Final Valid Comparative Analysis. 5645 potential land uses if permitted compared to almost NONE. Please see Economic Consequences of Action Page 8.
Note: 50.68% of Tiny and Small Home Overlay District (R-THO) residential units are located in in 2nd Community.
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Table 6 - Valid Comparative Analysis of Tract Suitability for R-THO Overlay Tract
#
Proximity to
Utilities
Proximity to
Major Streets
Contains
Built
Homes
SDI Comments Recommend
for R-THO
Overlay
2223 Water in Tract
No sewer in
Tract
Excellent;
Arterial
Frontage; Forest,
Desert Butte,
Sequoia
None NA Closest to
Edwards AFB;
Access to CCB
Highest
2404 Water in Tract
No sewer in
Tract
Excellent;
Arterial
Frontage; Forest,
Desert Butte,
Sequoia
None NA Closest to
Edwards AFB;
Access to CCB
High
2461 Water In Tract Ibid None NA Ibid Removed
2528 Water in Tract
Sewer adj.
Tract
Excellent;
Arterial
Frontage; Yerba,
Mitchell,
Lindbergh
8 out of
372
NA Closest to
Cannabis
Developments
High
2530 Water in Tract
No sewer in
Tract
Fair; Frontage
Hacienda
Sequoia
None NA Narrow
boundary along
Cache Creek;
nearest FUDS
Strafing Target
#71
Low;
Remove
2630 Water in Tract
No sewer in
Tract
None NA Closest to
Edwards AFB;
Access to CCB
High
2812 Water in Tract
Sewer adj.
Tract
Excellent;
Arterial
Frontage;
Neuralia,
Lindbergh
None NA Closest to
Cannabis
Developments
High
2898 Water in Tract
No sewer in
Tract
Excellent;
Arterial
Frontage;
Mitchell, Baron
None Yes High
3061 Power, Water,
Sewer along
TMTP
Excellent;
Arterial Frontage
None Yes 2 Community
nearest Borax
Bill Park
High
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Tract
#
Proximity to
Utilities
Proximity to
Major Streets
Contains
Built
Homes
SDI Comments Recommend
for RTH
District
3062 Power, Water,
Sewer along
TMTP
Excellent;
Arterial Frontage
None Yes 2 Community
nearest Borax
Bill Park
High
3198 Power, Water,
Sewer along
TMTP
Excellent;
Arterial Frontage
None Yes 2 Community
nearest Borax
Bill Park
High
3150
Mobile
Home
Park
Yes Yes;
BLIGHT
Infill; PUD – RTH
District
Unnecessary
6388
Legends
Sr.
Housing
Yes Yes Infill;
Subsidized
Housing
PUD – RTH
District
Unnecessary
2967 No Water, No
Sewer
Excellent;
Arterial Frontage
None Yes Too many
Residential
homes nearby
Low;
Remove
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Tiny Houses
And the people who live in them.
The tiny house phenomenon redefines what makes
a house a home, empowers the people for a better
future and leads a movement that breaks the mold
every day. Tiny House people come from all walks
of life. This is their story.
* 68% of tiny house people have no mortgage
compared to 29.3% of all homeowners.
* 55% of tiny house people have more savings than
the average American, with a median of $10,972 in
the bank.
* 78% of tiny house people own their home,
compared to 65% of homeownership nationally.
Homeownership is 55% in California
* Approximately 2 out of 5 tiny home owners are
over 50 years of age.* Tiny Home people have less
credit debt.
* More women own tiny homes than men.
* 42,038 per capita income of tiny home people
earning $478 more annually than average
American.
* Tiny Home people are twice as likely to have a
master degree.
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Residential
Uses
proposed in
Tiny Home
& Smaller
Home
Overlay
District (RTHO) –
Otherwise
prohibited
in the City’s
130,200
acre
General
Plan
Conclusion:
Adopt the
Recommend
ed Action!
Thank you!
[email protected]
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COUNCIL AGENDA ITEM
April 9, 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Approval of Proposal for Grant Funded Borax Bill Park Fence Project
BACKGROUND/ DISCUSSION
The City of California City received grant funding from the OHMVR Division G23 Ground Operations grant to contract a Fence Company to replace the existing chain link fencing that protects the OHV Fleet and equipment at Borax Bill Park. This project includes approximately 400 Ln Ft of 6 Ft (H) commercial chain link fence with three (3) strands of barbed wire, one (1) pedestrian gate, and one (1) 20 Ft wide sliding gate with concrete track. Proposal also includes tear down and removal of old fence. All companies listed below include prevailing wages costs and are DIR registered. This item has been included in the current approved FY 23/24 budget.
The following quotes were obtained:
• Marriott Fence Construction Inc. $27,952.00
• Alpha Fence Company $55,700.00
• Sav-On Fence Inc. $70,885.00
FISCAL IMPACT
Grant funding contract in the amount of $22,207.00 to be allocated to GL code 16-4249-630 which has a current balance of $39,472.03. Match in the amount of $5,745.00 to be allocated to GL code 29-4219-630 which has a current balance of $10,000.00. Total cost of project is $27,952.00.
RECOMMENDATION
Council to approve proposal from Marriott Fence Construction Inc. Company in the amount of $27,952.00.
ATTACHMENTS
A. Fence company quotes/proposals
PROPOSAL SUBMITTED TO: PHONE DATE
760-460-1214 4/5/2024
STREET JOB NAME
CITY STATE & ZIP CODE JOB LOCATION
We Propose hereby to furnish Materials and Labor - complete in accordance with above specs for the sum of:
dollars ( $ 27,95200 )
SIGNATURE
DATE
7800 Moss Ave OHV Fence Replacemant
link fence with 3 strands of barbed wire, 1 pedestrian gate and 1 20' wide slide gate with concrete FAX
16363 Twenty Mule Team PKWY
track @ $ 27,952.00
City of California City OHV Department
Demo exisitng fencing and gates. Install approximately 400 LF of new 6' high 9 gauge commercial chain
CORPORATE OFFICE
9459 Santa Fe Ave East
Hesperia CA, 92345
Ph # 760-244-6000 Fax # 760-244-6002
Note: Above pricing excludes City Permits.
California City, CA 93505
All materials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders and will become and extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our worker are fully covered by workman's Compensation Insurance. All property markers must be visible at the start of construction or otherwise we do not assume any responsibility whatsoever for any fences in their wrong location "Under the Mechanics' Lien law (California Code of Civil Procedure. Section 1181 et seq. Any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies. Has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer or supplier remains unpaid." To be paid in full upon completion
Proposal Contract
Note: Marriott Fence Construction is a Certified Woman Owned Small Business DIR # 1000000398 Contractors Lic # 981007 C13 / B General
MARRIOTT FENCE
CONSTRUCTION INC
ACCEPTANCE OF PROPOSAL: AUTHORIZED SIGNATURE:______________________________ Dale Marriott
NOTE: This proposal shall be deemed withdrawn
by us if not accepted within 30 days
Payments to be made as follows: Notice
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COUNCIL AGENDA ITEM
April 09, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: Salary Schedule Change-Fire Chief
BACKGROUND/ DISCUSSION
As you are aware, our city is currently facing challenging economic times, and the recent reduction in force was a necessary step in order to balance our budget and ensure the solvency of the city. In order to continue on this path, we must also address the issue of the fire chief's salary reclassification.
It has come to our attention that the fire chief's current salary is not aligned with the city's financial situation. We have thoroughly examined the budget and have determined that a reclassification of the fire chief's salary is necessary to maintain parity within the department and ensure the equitable distribution of resources.
In conclusion, City Council should carefully consider the recommendations and the potential benefits of approving the recommended action.
Update to Salary Schedule
If City Council adopts the proposed job description, the City’s salary schedule must be revised accordingly to comply with Grant’s regulations.
FISCAL IMPACT
Salary for this position Is Range 60, hourly rate ranges from $50.94 - $75.26
COUNCIL OPTIONS
City Council approves the proposed new salary schedule.
City Council continues discussion on the proposed budget for FY 22-23 City Council takes no further action.
CM 1
RECOMMENDATION
Staff recommends the City Council authorize the City Manager approve J the new salary range.
ATTACHMENTS
• 22-23 SALARY SCHEDULE
City of California City
Salary Schedule
2022-2023
Class Title Range Step Hourly Bi-Weekly Monthly
Exempt Finance Director 60 1 50.94 4075.20 8829.60
2 53.49 4278.96 9271.08
3 56.16 4492.91 9734.63
4 58.97 4717.55 10221.37
5 61.92 4953.43 10732.43
6 65.01 5201.10 11269.06
7 68.26 5461.16 11832.51
8 71.68 5734.22 12424.13
9 75.26 6020.93 13045.34
Exempt Finance Manager 81 1 47.41 3792.80 8217.73
2 49.78 3982.44 8628.62
3 52.27 4181.56 9060.05
4 54.88 4390.64 9513.05
5 57.63 4610.17 9988.71
6 60.51 4840.68 10488.14
7 63.53 5082.71 11012.55
8 66.71 5336.85 11563.18
9 70.05 5603.69 12141.33
Exempt Fire Chief 60 1 50.94 4075.20 8829.60
2 53.49 4278.96 9271.08
3 56.16 4492.91 9734.63
4 58.97 4717.55 10221.37
5 61.92 4953.43 10732.43
6 65.01 5201.10 11269.06
7 68.26 5461.16 11832.51
8 71.68 5734.22 12424.13
9 75.26 6020.93 13045.34
Exempt Fire Marshal 57 1 44.34 3547.20 7685.60
2 46.56 3724.56 8069.88
3 48.88 3910.79 8473.37
4 51.33 4106.33 8897.04
5 53.90 4311.64 9341.89
6 56.59 4527.23 9808.99
7 59.42 4753.59 10299.44
8 62.39 4991.27 10814.41
9 65.51 5240.83 11355.13
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RESOLUTION NO. 3-24-3022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA, UPDATING THE CITY
SALARY SCHEDULE
WHEREAS, the City Council of the City of California City (“City”) has been undertaking substantive cost saving measures in light of budgetary constraints and wishes to reduce the salary range for the Fire Chief Classification; WHEREAS, title 2 of the California Code of Regulations, section 570.5, requires that the City publishes an accurate salary schedule that provides salary ranges for each authorized classification; and
WHEREAS, by adoption of this resolution, the City intends to reduce the salary for the Fire Chief Classification by reducing the amount of each of the 9 steps for this classification and to comply with the necessary regulations of the Public Employees’ Retirement Law by providing an accurate salary schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby incorporates the above recitals herein by reference.
SECTION 3. The City Council hereby approves and adopts the revised salary schedule reflecting reduction to the Fire Chief Classification attached hereto as Exhibit “A.”
PASSED, APPROVED AND ADOPTED this 9th day of April, 2024.
Kelly Kulikoff, Mayor
ATTEST:
_______________, Acting City Clerk
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APPROVED AS TO FORM:
Victor Ponto, City Attorney
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STATE OF CALIFORNIA
COUNTY OF KERN
CITY OF CALIFORNIA CITY
I, Leanndrea Weible, Acting Clerk of the City of California City, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of California City held on the __________ day of ____________________.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Votes on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of California City this _____ day of ____________________.
Leanndrea Weible, Acting City Clerk
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PREPARED BY: Mayor Kulikoff
SUBJECT: Special Tax
BACKGROUND/ DISCUSSION
During the March 12, 2024 City Council meeting, Mayor Kulikoff requested this item on the March 26, 2024 City Council meeting agenda.
Measure A failed on the March 5, 2024 Primary Election ballot. Where do we go from here? With the prison closed (revenue loss) and a deficit from the sunset of the previous special tax, California City does not have adequate funding to support city services.
FISCAL IMPACT
Minimal fiscal impact for discussion.
COUNCIL OPTIONS
As per City Council direction.
RECOMMENDATION
As per City Council direction.
ATTACHMENTS
NONE
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COUNCIL AGENDA ITEM
April 9, 2024
TO: Mayor and City Council
FROM: Latisha Lamberth, Acting City Manager
SUBJECT: Forensic Audit Presentations
BACKGROUND/ DISCUSSION:
As per the council’s instructions, staff was asked to bring back information regarding a forensic audit. Staff has brought in two expert presenters who will provide comprehensive information on this important topic.
At the previous council meeting, it was discussed that a forensic audit is necessary to identify any potential financial discrepancies and to ensure the integrity and transparency of our city. In order to facilitate a thorough understanding of this process, we have invited Jacqueline Benyamini, CPA/CFF,CFE Senior Vice President and Dr. Scott P. McHone, CPA, PhD, Certified Forensic Accountant to share their knowledge and expertise with the council and staff members.
Jacqueline Benyamini is a highly qualified forensic auditor with over 20 years of experience in the field and has successfully conducted audits for various organizations.
Scott P. McHone is a renowned forensic accountant with extensive knowledge of financial investigations and fraud detection techniques. Together, they will provide valuable insights on the importance and benefits of conducting a forensic audit.
Both presenters have agreed to allocate their time and resources to assist our city in understanding the nuances of forensic audits. The presentation will cover key topics such as the process of conducting a forensic audit, types of evidence used in the investigation, and how to prevent potential fraudulent activities.
We believe that their presentation will not only enlighten the council and staff members on the technicalities of the forensic audit process but also provide practical tips and strategies to safeguard our organization from any potential fraudulent activities.
FISCAL IMPACT:
Will be determined if approved
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RECOMMENDATION:
Council make a determination to move forward with a forensic audit Council reject moving forward with a forensic audit
Council provide different direction.
ATTACHMENTS:
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COUNCIL AGENDA ITEM
April 9 2024
PREPARED BY: Victor M. Ponto, City Attorney
SUBJECT: Introduction of Ordinance Amending Sections 9-2.501 (Permitted Uses) and 9-2.2455 (Sites and Structure Requirements) of the California City Municipal Code to Address Fostering of Animals and Keeping of Household Pets
BACKGROUND
The City’s Municipal Code addresses the keeping of household pets in residential and Tiny Homes and Smaller Homes in Sections 9-2.501 and 9-2.2455 respectively. The Municipal Code does not distinguish between foster animals and household pets. The Municipal Code permits a dwelling to have three household pets, which are defined to include dogs, cats, small caged birds, and rabbits. As currently drafted, the cap on the number of household pets does not explicitly apply to foster animals.
Other cities in Kern County have adopted ordinances that address the fostering of animals, such as Bakersfield, Delano, Taft, and Shafter. Bakersfield and Delano set a limit on the number of pets a household may have based on the size of the lot. Taft imposes a four dog limit. Shafter imposes a 5 dog/cat cap. All four cities require a household seeking to foster animals to obtain a temporary permit from the city. Each of the cities’ permits are effective for six months, except for Shafter’s, which is only effective for three months.
DISCUSSION
The proposed Ordinance would distinguish between household pets and foster animals.
Fostering would be defined as providing “temporary individualized care for a household pet as part of a not-for-profit organization/agency program with the goal of having the household pet be adopted by another person through the not-for-profit organization/agency program.” The cap on the number of animals that a household could have when fostering pets would be raised from three to five, although the cap would 61 of 88 04/06/2024
remain at three for Tiny Homes and Smaller Homes. To foster a pet, a household would have to apply for a Temporary Animal Permit with the City. To complete a Temporary Animal Permit, an applicant would have to include the following information:
1. The name and address of the applicant.
2. The name(s) and address(es) of the property owner(s).
3. Assessor's parcel number(s).
4. Legal description of the subject property.
5. Name of the organization sponsoring the applicant.
6. The signature of each owner of the real property abutting the subject lot consenting to the granting of the Temporary Animal Permit.
7. Insurance and indemnification of the City
If the City grants a household a Temporary Animal Permit, the Permit will be effective for six months. During this time, the City or the Kern County Health Department and/or Animal Services Department may inspect the household after notifying the household to ensure that the foster animals are in a safe and sanitary environment. The City would retain the right to revoke a Temporary Animal Permit at any time if the household does not comply with the Municipal Code or the County Health Department and/or Animals Services Department recommends that the City revoke the permit.
FISCAL IMPACT
Adopting the Ordinance as proposed will have no estimated impact on the Fiscal Year 2023-2024 operating budget. The Ordinance may impose more code enforcement responsibilities on staff, although some of these responsibilities may be taken by the Kern County Health Department and/or Animal Services Department.
The City would also be responsible for drafting a template application form for Temporary Animal Permits, which can be completed by staff as part of their current responsibilities.
RECOMMENDATION
Staff recommends the City Council introduce an ordinance titled:
AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 9-
2.501 (PERMITTED USES) OF ARTICLE 5 (ONE-FAMILY RESIDENTIAL DISTRICT MEDIUM DENSITY) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND DEVELOPMENT) AND SECTION 9-2.2455 (SITE AND STRUCTURE REQUIREMENTS) OF ARTICLE 24.5 (RESIDENTIAL TINY AND SMALL HOMES OVERLAY ZONE) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE
AND DEVELOPMENT) OF THE CITY OF CALIFORNIA CITY MUNICIPAL CODE RELATING TO 62 of 88 04/06/2024
FOSTERING OF ANIMALS AND KEEPING OF HOUSEHOLD PETS
ATTACHMENTS
1. Ordinance No. ______
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AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 9-2.501 (PERMITTED USES) OF ARTICLE 5
(ONE-FAMILY RESIDENTIAL DISTRICT MEDIUM DENSITY) OF
CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND DEVELOPMENT) AND SECTION 9-2.2455 (SITE AND STRUCTURE REQUIREMENTS) OF ARTICLE 24.5 (RESIDENTIAL TINY AND SMALL HOMES OVERLAY
ZONE) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND
DEVELOPMENT) OF THE CITY OF CALIFORNIA CITY MUNICIPAL
CODE RELATING TO FOSTERING OF ANIMALS AND KEEPING OF
HOUSEHOLD PETS
WHEREAS, California City Municipal Code Sections 9-2.501 and 9-2.2455 regulate the keeping of household pets in residential and Tiny Homes and Smaller Homes respectively; and
WHEREAS, the California City Municipal Code does not distinguish between foster animals and household pets; and
WHEREAS, the California City Municipal Code currently limits the number of household pets—such as dogs, cats, small caged birds, and rabbits—to three per household; and
WHEREAS, other cities in Kern County have adopted ordinances that address the fostering of animals, such as Bakersfield, Delano, Taft, and Shafter; and WHEREAS, the unregulated fostering of animals can create health hazards for the animals as well as the owners if unregulated by the City; and WHEREAS, the City Council desires to amend the Municipal Code to distinguish between foster animals and household pets and encourage the responsible fostering of household pets by requiring persons seeking to foster animals in residential and Tiny Homes and Smaller Homes to apply for a Temporary Animal Permit with the City.
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 SECTION 9-2.501 (PERMITTED USES) OF ARTICLE 5 (ONE-FAMILY RESIDENTIAL DISTRICT MEDIUM DENSITY) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND DEVELOPMENT) OF THE CALIFORNIA CITY MUNICIPAL CODE.
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Section 9-2.501 (Permitted Uses) of Article 5 of Chapter 2 of Title 9 of the City of California City Municipal Code is hereby amended to read as follows with deletions marked in strikethrough and additions in bold:
Section 9-2.501 (Permitted Uses)
(a) The following uses are permitted in an R1 District:
(1) One-family dwellings; and
(2) Private garages not to exceed three (3) automobiles in capacity unless the lot size is at least twelve thousand five hundred (12,500) sq. ft., the minimum lot frontage is one hundred (100) ft., and the house size is at least two thousand (2,000) sq. ft., in which event a four-automobile garage is permitted. (b) Number of Household Pets and Foster Pets Allowed. For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Animals being fostered on behalf of a bona fide organization shall not count towards the three (3) animal limit. A combined 5 (five) household and foster pets may be kept at the same time. Foster means to provide temporary individualized care for a household pet as part of a not-for-profit organization/agency program with the goal of having the household pet be adopted by another person through the notfor-profit organization/agency program. (c) Regulations on Household and Foster Pets. Such household and foster pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising, breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public. No raising, breeding, keeping or maintaining of fauna is permitted. (d) Regulations on Foster Pets. Household pets being fostered as a part of a notfor-profit organization/agency program shall not be included for the purpose of determining the number of household pets. The foster program shall be registered with the City and an individual animal shall be fostered in a particular residence for a period of no more than six months. Each household pet being fostered requires a Temporary Animal Permit. A Temporary Animal Permit must include the following:
(1) The name and address of the applicant.
(2) The name(s) and address(es) of the property owner(s). 65 of 88 04/06/2024
(3) Assessor's parcel number(s).
(4) Legal description of the subject property.
(5) Name of the organization sponsoring the applicant.
(6) The signature of each owner of the real property abutting the subject lot consenting to the granting of the Temporary Animal Permit. (7) Insurance in a form approved by the City and the signature of the applicant consenting to indemnify and hold harmless the City in the event of a lawsuit.
(e) The fostering of pets on a temporary basis must comply with the following standards and conditions:
(1) Applicant shall be sponsored by a bona fide not-for-profit organization/agency dedicated to animal welfare.
(2) A Temporary Animal Permit shall be effective for a period of six months from the effective date of the permit. No more than two such permits shall be approved for any lot within a one-year period.
(3) The written consent of each abutting property owner consenting to the granting of a Temporary Animal Permit must be obtained. (4) The applicant must allow inspections of animal maintenance facilities by the Kern County Health Department and/or Animal Services Department and City staff upon reasonable notice.
(5) The applicant must provide a safe, clean, environment for the household pet and obtain all vaccinations required for the pet mandated by California law.
(6) The applicant must maintain insurance in the form approved by the City during the entirety of the Temporary Animal Permit.
(7) The Community Development Director may revoke a
Temporary Animal Permit at any time for noncompliance with this Title or upon receipt of a recommendation for revocation from the Kern County Health Department and/or Animal Services Department.
(8) Each additional animal authorized by a Temporary Animal Permit over the allowable animal density specified herein shall be removed upon expiration of the permit.
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SECTION 3. AMENDMENT OF SECTION 9-2.501 (PERMITTED USES) OF ARTICLE 5 (ONE-FAMILY RESIDENTIAL DISTRICT MEDIUM DENSITY) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND DEVELOPMENT) OF THE CALIFORNIA CITY MUNICIPAL CODE.
Section 9-2.2455 (Site and Structure Requirements)
(a) The minimum lot area in the R-THO District is six thousand (6,000) square feet. (b) Setbacks shall be the same as those of the underlying residential zone. (c) Garages, Covered Parking Structures, and Accessory Buildings shall be no larger than four hundred (400) S.F. when constructed on a lot where the primary building is a Tiny Home or Small Home.
(d) Tiny Homes and Smaller Homes shall be connected to water supply source, sewer/septic, and electric utilities or solar with battery backup. (e) Tiny Homes and Smaller Homes are not required to have covered parking. (f) Tiny Homes and Smaller Homes are required to have sprinklers and sufficient water supply for fire protection.
(g) Mechanical equipment shall be incorporated into the structure and not located on the roof.
(h) Tiny Homes and Smaller Homes must comply with all applicable State and Local Codes and Regulations.
(i) For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Animals being fostered on behalf of a bona fide organization shall not county towards the three (3) animal limit. A combined three (3) household and foster pets may be kept at the same time. Foster means to provide temporary individualized care for a household pet as part of a not-for-profit organization/agency program with the goal of having the household pet be adopted by another person through the a not-for-profit organization/agency program.
(j) Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising, breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted.
Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public.
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(k) Regulations on Foster Pets. Household pets being fostered as a part of a notfor-profit organization/agency program shall not be included for the purpose of determining the number of household pets. The foster program shall be registered with the City and an individual animal shall be fostered in a particular residence for a period of no more than six months. Each household pet being fostered requires a Temporary Animal Permit. A Temporary Animal Permit must include the following:
(1) The name and address of the applicant.
(2) The name(s) and address(es) of the property owner(s). (3) Assessor's parcel number(s).
(4) Legal description of the subject property.
(5) Name of the organization sponsoring the applicant.
(6) The signature of each owner of the real property abutting the subject lot consenting to the granting of the Temporary Animal Permit. (7) Insurance in a form approved by the City and the signature of the applicant consenting to indemnify and hold harmless the City in the event of a lawsuit.
(l) The fostering of pets on a temporary basis must comply with the following standards and conditions:
(1) Applicant shall be sponsored by a bona fide not-for-profit organization/agency dedicated to animal welfare.
(2) A Temporary Animal Permit shall be effective for a period of six months from the effective date of the permit. No more than two such permits shall be approved for any lot within a one-year period.
(3) The written consent of each abutting property owner consenting to the granting of a Temporary Animal Permit must be obtained. (4) The applicant must allow inspections of animal maintenance facilities by the Kern County Health Department and/or Animal Services Department and City staff upon reasonable notice.
(5) The applicant must provide a safe, clean, environment for the household pet and obtain all vaccinations required for the pet mandated by California law.
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(6) The applicant must maintain insurance in the form approved by the City during the entirety of the Temporary Animal Permit.
(7) The Community Development Director may revoke a
Temporary Animal Permit at any time for noncompliance with this Title or upon receipt of a recommendation for revocation from the Kern County Health Department and/or Animal Services Department .
(8) Each additional animal authorized by a Temporary Animal Permit over the allowable animal density specified herein shall be removed upon expiration of the permit.
(m)(j) All Small Homes must be placed on a permanent foundation and all undercarriage, foundation system, and external elements below the finished floor shall be screened or constructed with architectural elements that complement the main structure.
(n)(k) Tiny Homes shall have a minimum of four (4) of the following design features:
(1) Upgraded entry feature, such as transom or side windows around an exterior door;
(2) Exterior accessories, such as permanent shutters, or fixed sunshade devices, or gutters/downspouts;
(3) Pitched roofline (4:12 pitch or steeper);
(4) Dormers;
(5) Premanufactured skylights;
(6) Built-on porch or deck;
(7) Exterior residential light sconces or downcans; or
(8) Other features as otherwise approved by the City Planner. (9) The provision of more than one (1) item within the same category of design features may be counted independently towards the overall minimum requirements (e.g., including both a sunshade and shutters).
SECTION 4. 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 69 of 88 04/06/2024
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 5. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 6. 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:
_________________________________
Victor M. Ponto, City Attorney
ATTEST:
______________________________________
Leanndrea Weible, Acting City Clerk
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DATE: April 09, 2024
TO: Mayor and Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Aspen Mall Lighting and Landscape Intent Meeting
BACKGROUND
Attached are the Fiscal Year 24-25 Engineer’s Annual Levy Report and three (3) resolutions that allow the City of California City to levy and collect assessments for the Aspen Mall Landscaping and Lighting District.
This also sets the date for a public hearing to be held on May 14, 2024. This is an annual requirement that pays for the parking lot lighting and landscape maintenance at Aspen Mall. The fund is budgeted to earn $31,600 annually and pays for the common area line, water, and landscaping wall.
RECOMMENDATION
Staff recommends the Council adopt the resolutions as presented.
FINANCIAL IMPACT:
71-3445 AMMADA Assessments $31,600
“I have reviewed and approved the above as being in conformity with the City’s budget.” ENVIRONMENTAL IMPACT:
None
Attachments:
FY24-25 Engineer’s Annual Levy Report
Resolution No. 3-24-3019
Resolution No. 3-24-3020
Resolution No. 3-24-3021
NB 2
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27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
City of California City
Aspen Mall Landscaping and
Lighting District
2024/2025 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: April 9, 2024
Public Hearing: May 14, 2024
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ENGINEER'S REPORT AFFIDAVIT
for
Aspen Mall Landscaping and Lighting District
City of California City
Kern County, State of California
This Report and the enclosed diagrams showing the exterior boundaries of the District; and any relevant zones therein identify the District Boundaries as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Kern County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of California City
By: ________________________
Chonney Gano, Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
P. E. # C 81888
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TABLE OF CONTENTS
____________________________________________________________________ I. OVERVIEW ....................................................................................................................... 1 A. INTRODUCTION .......................................................................................................... 1 B. COMPLIANCE WITH CALIFORNIA CONSTITUTION ............................................ 1 C. DESCRIPTION OF THE DISTRICT AND SERVICES.............................................. 2 D. AUTHORIZED IMPROVEMENTS AND SERVICES (PURSUANT TO THE 1972 ACT) ...................................................................................................................................... 3 II. METHOD OF APPORTIONMENT .................................................................................. 4 III. DISTRICT BUDGET ......................................................................................................... 9 APPENDIX A — DISTRICT ASSESSMENT DIAGRAM ...................................................10 APPENDIX B — 2024/2025 COLLECTION ROLL ............................................................ 13 _____________________________________________________________________ 74 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 1 I. OVERVIEW
A. INTRODUCTION
The City of California City (“City”) annually levies and collects special assessments in order to maintain the improvements within the Aspen Mall Landscaping and Lighting District (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (“1972 Act”). The District was formed in 1995 and provides funding for services required to maintain landscaping and lighting improvements and associated appurtenances located within the District boundaries.
This Engineer’s Annual Levy Report (“Report”) describes the District, any changes to the District and the proposed assessments for Fiscal Year 2024/2025. The proposed assessments are based on the estimated cost to maintain the improvements that provide a special benefit to properties within the District. The District budget identifies the estimated expenditures, deficits, surpluses, revenues, and fund balances used to calculate the annual assessment for properties within the District. Each parcel within the District is assessed proportionately for those improvements provided by the District from which the parcel receives special benefit.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Kern County Assessor’s Office. The Kern County Auditor/Controller uses APNs and specific Fund Numbers, to identify on the tax roll, properties assessed for special district benefit assessments.
Following consideration of public comments and written protests at a Public Hearing, the City Council (“Council”) shall review the Report and may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2024/2025 pursuant to the 1972 Act and as outlined in the approved Report. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2024/2025.
B. COMPLIANCE WITH CALIFORNIA CONSTITUTION
On November 5, 1996, California voters approved Proposition 218, which established specific, substantive and procedural requirements for assessments.
These provisions are now defined in the California State Constitution under Article XIIID, Section 4 (“Article XIIID”).
In Fiscal Year 1997/1998, the City initiated and conducted property owner protest ballot proceedings for the District in compliance with the substantive and procedural requirements of Article XIIID. At the conclusion of the Public Hearing 75 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 2 on July 1, 1997, property owner ballots returned were tabulated. The tabulation of the ballots indicated that the property owners approved the special benefit assessment for maintaining the improvements within the District. Although the actual assessment amount approved by each property owner varied with their proportionate benefits, the assessment amount approved by the property owners within the District is based on a maximum assessment rate of $4,652.28 per Benefit Unit Factor (see Section II, Method of Apportionment, for details).
C. DESCRIPTION OF THE DISTRICT AND SERVICES
In an effort to enhance and improve the properties, business opportunities and the appearance of the area known as the Aspen Mall, the City’s Redevelopment Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, the District was formed to provide for and ensure the continued maintenance of the improvements after the initial installation and renovation was completed.
The District provides for the maintenance, servicing, operation and administration of landscape and lighting improvements and associated appurtenances located within the public right-of-way and dedicated easements within the District boundaries. Improvements may include but are not limited to: turf, ground cover, shrubs, trees, drainage systems, irrigation systems, lighting, hardscape and associated appurtenances within the public right-of-ways and specific easements.
These improvements include necessary service, operation, administration and maintenance required to keep the above-mentioned improvements in satisfactory condition.
Services provided include operations, administration and maintenance, including necessary labor, material and equipment. These services may include but are not limited to: repair, removal or replacement of all or any part of the improvements; removal of trimmings, rubbish, debris and other solid waste; cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti; and providing for the growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or damage.
The District consists of the parcels located within the area known as the Aspen Mall, located south of California City Boulevard, north of Bay Avenue, west of 82nd Street and east of Neuralia Road.
The parcels within the District are assessed proportionately for the costs associated with the improvements and services provided through the District that provides a special benefit to each parcel assessed, utilizing the method of apportionment described in Section II of this Report.
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2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 3 D. AUTHORIZED IMPROVEMENTS AND SERVICES (PURSUANT TO THE 1972 ACT)
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains, and other ornamental structures and facilities.
The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
The costs of printing, advertising, and the publishing, posting and mailing of notices;
Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
Repair, removal, or replacement of all or any part of any improvement. 77 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 4 Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
II. METHOD OF APPORTIONMENT
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed among the assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula used for any District should reflect the composition of the parcels and improvements and the services provided, to fairly proportion the costs based on special benefit to each parcel.
The costs associated with the improvements are equitably spread among benefiting parcels within the District, utilizing the method of apportionment described in this Section. The funds collected shall be dispersed and used for only the improvements and services provided within the District.
Each parcel within the District, and the businesses associated with those properties, receive special and distinct benefits from the improvements and activities to be funded through the District assessments. Among the special benefits received by each assessed parcel are increased business opportunities, increased security, aesthetic enhancements of the area and properties and enhanced perception by patrons.
The special benefits of lighting within the District are the convenience, safety and security of property, improvements and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection. Increased nighttime safety for patrons and employees. Improved visibility for pedestrians and motorists.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or property.
Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area.
Increased promotion of business activities and opportunities during nighttime hours.
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2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 5 The special benefits associated with landscaped areas within the District are specifically:
Improved aesthetic appeal of the parking area and nearby parcels. Improved dust control.
Enhanced adaptation of the urban environment within the natural environment.
Improved traffic circulation and parking facilities.
A positive representation of the businesses within the District.
The preceding special benefits contribute to a special enhancement and desirability of each of the assessed parcels within the District.
It has been determined that the on-going operation and maintenance of the District improvements provide no measurable general benefit to other properties outside the District or directly to the public at large. Therefore, the District improvements and the corresponding assessments have been identified as 100% special benefit to parcels within the District in compliance with the substantive requirements of Article XIIID.
The parcels assessed within the District, share in both the cost and the benefits of the improvements. A Benefit Unit Factor (“BUF”) is assigned to each parcel based upon three (3) criteria: current land use, location and associated parcel acreage.
Land Use
Each parcel is given a weighting factor known as a Development Unit Factor (“DUF”), based on the current land use of the parcel. Within the District, four (4) different land use classifications have been identified. Table I lists the four (4) land use classifications along with the DUF applied to each classification:
Table I
Parcel Land Use Classifications
Land Use Classification
Total
Parcels
Development
Unit Factor
Commercial Developed 22 1.0000
Commercial Vacant 4 0.5000
Exempt 5 0.0000
Commercial Condominium 19 0.0526
The Development Unit Factor for the nineteen commercial condominium units is based on 1.0 DUF/19 Units = 0.0526
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2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 6 Each parcel is assigned a DUF based on the parcel’s current development (land use). Similar parcels are given a similar weighting factor.
Upon review of all the properties within the District boundary, it has been determined that five (5) parcels should not be assessed and are identified as “Exempt”. These four parcels (203-090-22, 203-090-23, 203-090-30, 203-090-38 and 203-420-01) are non-commercial properties, common areas or possessory interests associated with other parcels within the District. It has been determined that these parcels have little or no utilization of the parking lot and the associated District improvements and do not receive the special benefits that other properties within the District receive from the improvements.
One of the parcels identified as “Exempt” (203-420-01) is a (0.29-acre) common area associated with the nineteen (19) parcels identified as commercial condominiums. These nineteen commercial condominiums actually make up a single commercial building on the common area lot. However, when a parcel map was filed with the County, nineteen separate and distinct APNs were assigned; one for each of the original nineteen suites or units. Since the time the original APNs were assigned by the County, some of the suites (units) have been combined, but the proportional benefit to each parcel is unchanged and property owners whose office or suite encompasses more than one APN receive multiple tax bills. Therefore, the apportionment of special benefit and assessment is based on the original APNs, not the number of actual suites constructed.
Location
In addition to the Development Unit Factor assigned to each parcel for calculating a parcel’s benefit, the location of the parcel within the District has been taken into consideration. After evaluation of the District improvements by City staff, and consideration of property owner’s concerns, a Location Differential Factor (“LDF”) has been applied to parcels based on their location and proximity to the overall improvements. Those parcels that front California City Boulevard and/or the main parking lot and landscaped areas are given a Location Differential Factor of one (1.0). The other parcels are given a twenty-five percent (25%) discount or a 0.75 LDF based on their reduced direct visual benefit from the improvements.
Acreage
The final criteria used to calculate a parcel’s benefit is the size (acreage) of the parcel. It has been determined that each parcel’s overall acreage provides a fair and reasonable comparison of property benefit correlating each parcel’s current and potential development, as well as the overall use and benefit from the area of improvement.
The combination of land use, location and parcel size provides a fair and reasonable depiction of each parcel’s special benefit and proportionate 80 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 7 assessment. The following formula is used to arrive at each parcel’s benefit referred to as a Benefit Unit Factor (BUF):
Parcel’s DUF x Parcel’s LDF x Parcel’s Acreage = Parcel’s BUF Also stated as:
Development Unit Factor x Location Differential Factor x Acreage = Parcel’s BUF
The total Balance to Levy divided by the total BUF for the District is used to establish a Levy per BUF, as per the following formula:
Total Balance to Levy / Total BUF in the District = Levy per BUF The Levy per BUF multiplied by each parcel’s individual BUF represents the parcel’s levy amount (assessment). The following formula outlines the levy calculation applied to each parcel:
Parcel BUF x Levy per BUF = Parcel Levy Amount
The following table (Table II) provides sample levy calculations for various property types in the District based on the maximum assessment rate per BUF:
Table II
Sample Maximum Levy Calculations
Land Use
Classification
Development
Unit Factor
(DUF)
Location
Differential
Factor (LDF)
Parcel
Acreage
Benefit Unit
Factor (BUF)
Benefit Unit
Factor (BUF)
Maximum
Rate
Maximum
Levy Amount
Commercial Developed 1.0000 X 1.00 x 0.29 = 0.2900 0.2900 x $4,652.28 = $1,349.16 Commercial Developed 1.0000 x 0.75 x 0.29 = 0.2175 0.2175 x $4,652.28 = $1,011.88 Commercial Vacant 0.5000 x 1.00 x 0.29 = 0.1450 0.1450 x $4,652.28 = $674.58 Commercial Vacant 0.5000 x 0.75 x 0.29 = 0.1088 0.1088 x $4,652.28 = $506.18 Exempt 0.0000 x 1.00 x 0.29 = 0.0000 0.0000 x $4,652.28 = $0.00 Commercial Condominiums 0.0526 x 1.00 x 0.29 = 0.0153 0.0153 x $4,652.28 = $71.16 Pursuant to the provisions of the California Constitution Article XIIID, a maximum assessment rate of $4,652.28 per BUF was approved by the property owners through a protest ballot proceeding in Fiscal Year 1997/1998. The proposed assessment rate calculated each fiscal year is based on an estimated budget; and the proposed rate applied each year may be less than or equal to the maximum 81 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 8 rate. A proposed assessment rate, greater than the maximum rate, would be considered an increased assessment and require property owner approval through protest ballot proceedings.
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2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 9 III. DISTRICT BUDGET
Table III
2024/2025 District Budget
BUDGET ITEMS
TOTAL
DISTRICT
DIRECT COSTS
Water Service $3,200.00
Utilities Electricity 17,000.00
Transfers Expenses IN 5,650.00
Miscellaneous Expenses 0.00
Capital Improvement Expenditures 0.00
Direct Costs (Subtotal) $25,850.00
ADMINISTRATION COSTS
District Administration $4,500.00
County Administration Fee 158.60
Administration Costs (Subtotal) $4,658.60
Total Direct and Admin. Costs $30,508.60
LEVY ADJUSTMENTS
Reserve Fund - Collection/(Transfer) $1,060.30
General Fund/Other Revenue Sources-
(Contribution) 0.00
Loans - Repayment/(Advances) 0.00
Levy Adjustment (Subtotal) $1,060.30
Balance to Levy $31,568.90
DISTRICT STATISTICS
Total Parcels 50.00
Total Parcels Levied 45.00
Total Acreage 14.12
Total Acreage Levied (1) 13.20
Total Benefit Unit Factor (BUF) (2) 6.79
Levy Per BUF (3) $4,652.20
Approved Maximum Assessment per BUF (4) $4,652.28
FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $0.00
Reserve Fund Collection 1,060.30
Estimated Ending Reserve Fund Balance $1,060.30
(1) Total Acreage levied does not include Exempt parcels. (2) Slight variance in Total Benefit Unit Factor (BUF) due to rounding. (3) Slight variance in Levy Per BUF due to rounding.
(4) Slight variance in Maximum Assessment per BUF due to rounding. 83 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 10 APPENDIX A — DISTRICT ASSESSMENT DIAGRAM
The supporting Assessor’s Parcel Maps outlining the District boundaries are shown on the following pages. These maps, in connection with the Assessment Roll in Appendix B, constitute the District Assessment Diagram for Fiscal Year 2024/2025. 84 of 88 04/06/2024
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2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 12 86 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 13 Appendix B — 2024/2025 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared. Nonassessable lots or parcels include parcels within the boundaries of the District that currently do not benefit from the improvements and are identified as “Exempt” or “SBE”.
A listing of parcels within the District along with the assessment amount for Fiscal Year 2024/2025 is included in the following table.
Table IV
2024/2025 Assessments and Parcel Listing
APN LAND USE DUF LDF ACREAGE BUF LEVY
203-090-01-00 Commercial Developed 1.0000 1.0000 0.84 0.8400 $3,907.90 203-090-02-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-03-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-04-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-05-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-07-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-08-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-12-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-13-00 Vacant Commercial/Parking 0.5000 1.0000 0.29 0.1450 674.58 203-090-14-00 Vacant Commercial/Parking 0.5000 1.0000 0.29 0.1450 674.58 203-090-15-00 Commercial Developed 1.0000 1.0000 0.38 0.3800 1,767.86 203-090-16-00 Commercial Developed 1.0000 0.7500 0.28 0.2100 976.96 203-090-17-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-20-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-21-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-22-00 Exempt 0.0000 0.0000 0.21 0.0000 0.00
203-090-23-00 SBE 0.0000 0.0000 0.21 0.0000 0.00
203-090-24-00 Vacant Commercial/Parking 0.5000 0.7500 0.21 0.0788 366.58 203-090-28-00 Vacant Commercial/Parking 0.5000 0.7500 0.21 0.0788 366.58 203-090-29-00 Commercial Developed 1.0000 0.7500 0.21 0.1575 732.72 203-090-30-00 Exempt 0.0000 0.0000 0.21 0.0000 0.00
203-090-33-00 Commercial Developed 1.0000 0.7500 0.20 0.1500 697.84 203-090-34-00 Commercial Developed 1.0000 0.7500 0.20 0.1500 697.84 203-090-35-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 87 of 88 04/06/2024
2024/2025 City of California City, Aspen Mall Landscaping and Lighting District Page 14
APN LAND USE DUF LDF ACREAGE BUF LEVY
203-090-36-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-37-00 Commercial Developed 1.0000 1.0000 0.29 0.2900 1,349.16 203-090-38-00 Exempt 0.0000 0.0000 0.00 0.0000 0.00
203-090-39-00 Commercial Developed 1.0000 0.7500 0.32 0.2400 1,116.54 203-090-40-00 Commercial Developed 1.0000 0.7500 0.10 0.0750 348.92 203-090-41-00 Commercial Developed 1.0000 0.7500 0.63 0.4725 2,198.20 203-420-01-00 Exempt 0.0000 0.0000 0.29 0.0000 0.00
203-420-02-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-03-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-04-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-05-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-06-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-07-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-08-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-09-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-10-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-11-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-12-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-13-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-14-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-15-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-16-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-17-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-18-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-19-00 Commercial Condominium 0.0526 1.0000 0.29 0.0153 71.16 203-420-20-00 Commercial Condominium 0.0526 1.0000 0. 29 0.0153 71.16 Totals: 6.7858 $31,568.90
88 of 88 04/06/2024