Sec. 9-3.501. General.
The project proponent may furnish security in connection with the performance of acts or agreements required by this chapter. Such security shall be one of the types of securities specified in the Map Act at the option of and subject to the approval of the Commission.
Sec. 9-3.502. Reduction of Security.
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the Contractor.
ARTICLE 6. REVERSIONS
Sec. 9-3.601. Reversions.
A parcel map may be filed to revert to acreage land previously subdivided consisting of four (4) or fewer contiguous parcels under the same ownership.
Sec. 9-3.602. Mergers.
A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimal parcel size and the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed with only an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit; and (b) With respect to an affected parcel, one or more of the following conditions exist:
(1) Comprises less than five thousand (5,000) sq. ft. in area at the time of the determination of merger;
(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; (3) Does not meet current standards for sewage disposal and domestic water supply; (4) Does not meet slope stability standards;
(5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
(6) Its development would create health or safety hazards; or (7) Is consistent with applicable general plan and applicable specific plans other than minimum lot size and density standards.
ARTICLE 7. ENFORCEMENT
Created : 2022- 05- 13 14 : 23 :30 [ EST]
(Supp. No. 10)
Sec. 9-3.701. Notice of Violation.
(a) The Planning Director may serve and record a notice of intention to record a notice of violation on the owners of the offending property by describing the violation and stating an opportunity will be given to the owners to present evidence.
(b) The City shall mail a copy of such notice to the owner of the real property. The notice shall specify the time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.
(c) If the Commission determines there has been no violation, the City shall record a Release of the Notice of Intention to Record Notice of Violation with the County Recorder. If the Planning Commission determines the property has been illegally divided, or within 60 days after receipt of the notice of intention, the owner of the real property fails to inform the Planning Commission of objection to the recording of the Notice of Violation, the Planning Commission shall cause the recordation of the Notice of Violation. (d) The Notice of Intention to Record a Notice of Violation and the Notice of Violation when recorded shall be deemed constructive notice of violation to successors in interest.
Sec. 9-3.702. Certificate of Compliance.
(a) A person owning real property or the vendee of such person pursuant to a contract of sale, may request the City to determine whether the real property complies with the Map Act and this Chapter. The person requesting the Certificate of Compliance shall pay the City the cost of issuing and recording the Certificate. (bl The City Engineer shall issue an unconditional Certificate of Compliance if the City Engineer determines:
(1) The parcel was created by a land division which complies with the Map Act and this Chapter; or (2) The parcel was created by a land division prior to March 4, 1972, and the conditions of Government Code section 66412.6 is satisfied; or
(3) The parcel was created by a land division occurring on or after March 4, 1972, and the City Engineer determines a person creating the parcel did so without intent to violate the provisions of the Map Act or this Chapter and the rights of third parties have since intervened. (c) If the City Engineer is unable to issue an unconditional Certificate of Compliance, the City Engineer shall issue a conditional Certificate of Compliance after a report to and recommendation by the Planning Commission as to such conditions. Such conditions shall be limited to conditions applicable to the division of the property at the time the applicant acquired an interest therein unless the applicant was the owner of the property at the time of an illegal land division, in which event the conditions include those which can be imposed under current land division regulations.
(d) A person applying for a certificate of compliance shall dedicate and improve a right-of-way to the City for public road purposes if such dedication is necessary for access to the affected property. The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the General Plan.
(e) When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and Ceeated: 2022- 05-13 14: 23 :30 [EST]
(Supp. No. 10)
requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.
CHAPTER 4. SIGNS
ARTICLE 1. TITLE AND PURPOSES
Sec. 9-4.101. Title.
This chapter shall be known as the "Sign Regulations of the City." Sec. 9-4.102. Purposes.
This chapter constitutes the requirements applicable to the erection and maintenance of signs within the City. This Chapter supersedes other provisions in this Code regulating signs except Chapter 2 relating to nonconforming uses, conditional use permits, and variances.
ARTICLE 2. DEFINITIONS
Sec. 9-4.201. Scope.
Unless otherwise apparent from the context, the following words and phrases are defined for the purposes of this Chapter.
Sec. 9-4.202. Monument Sign.
"Monument Sign" means a sign having the ground as the primary support or a sign having a ground foundation running the length of the sign.
Sec. 9-4.203. Pole or Ground Sign.
"Pole" or "Ground Sign" means a sign, other than a monument sign, erected on one or more uprights supported from the ground and that is not part of or attached to a building or structure other than a structure erected solely for the purpose of supporting a sign.
Sec. 9-4.204. Political Sign.
"Political sign" shall mean a sign designed to influence voters.
Sec. 9-4.205. Sign.
"Sign" means a name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or other thing of similar nature to attract attention outdoors, including parts comprising the same, and the background and support or anchorage.
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(Supp. No. 10)
Sec. 9-4.206. Temporary Sign.
"Temporary Sign" means a sign intended for use during a limited period of time.
Sec. 9-4.207. Billboard.
"Billboard" means a flat surface sign with an area between sixty-four (64) square feet and three hundred (300) square feet.
ARTICLE 3. GENERAL PROVISIONS
Sec. 9-4.301. Permits Required.
No permanent and temporary sign shall be erected or maintained without a sign permit.
Sec. 9-4.302. Applications.
Applications for a sign permit shall be made to the Planning Director and shall include the following:
(a) In the case of permanent signs, two (2) copies of a plan showing:
(1) Position of sign and its relation to adjacent buildings or structures; and (2) The design and size, colors proposed, and proposed location on the premises of such signs or sign structures;
(b) In the case of temporary signs, a statement detailing the size and dimensions of all temporary signs to be placed;
(c) A statement showing the sizes and dimension of all signs existing on the premises at the time of making such application;
(d) A fee, as established by resolution of the City Council; and (e) Such other information as the Director may require to show full compliance with this chapter and other ordinances of the City.
Sec. 9-4.303. Exemptions.
The following signs are exempt from this chapter:
(a) Signs prohibiting trespassing and hunting or fishing not exceeding two square feet in area; (b) Warning signs required by law or erected by public agencies, including railroad signal signs; (c) Utility company signs identifying public telephones, cables, conduits, or hazards; (d) Public notices and announcements authorized by courts or public officials, including highway directional signs.
(e) Street location signs and other public directional signs and signs of an instructive nature of which information required by city, county, state or federal enforcement agencies including, but not limited to, the following: gas pump instructions, recreational vehicle dump station, restroom identification, smog station, air, water, cashier, hours of operation, etc. Each sign shall not exceed four (4) sq. ft. in area and thirty (30) in. in height.
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(Supp. No. 10)
(f) Advertising signs on buses and taxis and signs attached to bus stops and shelters; {g) Signs painted on or are attached flat against vehicles which identify or advertise the associated business. The vehicle must be primarily used for business and parked on private property as a normal function. The vehicle must be operative. This exemption does not apply to signs advertising cannabis businesses;
(h) Window display signs limited to painting signs on glazing, post paper signs and placards attached to the inside of glazing of store fronts; however, the store front glazing shall not be covered in excess of 50%; (i) Signs not visible outside the limits of the lot upon which the sign is located; {j) Residential name and address signs not exceeding two square feet in area; (k) Portable, temporary, off-site directional real estate signs located on private property used in conjunction with open house real estate sales activities provided that each portable directional sign does not exceed a height of two and one-half feet and an area of four square feet, and is not located within a road or street right-of-way. Signs shall be on display only when real estate is open for inspection. No sign advertising a cannabis business may be attached to a vehicle even if it is inoperative;
{I) The official flag of a government, government agency, public institution, religion, corporation or other similar entity. Only one (1) flat pole, with no more than three {3) flags, with a maximum height of thirty (30) ft. and with a maximum dimension on the flag(s) of eight feet in its largest dimension and which is not attached to the building shall be exempt;
(m) Flags flown on a temporary basis for the purpose of honoring declared national or civic holidays that do not exceed eight (8) feet in the largest dimension;
(n) Signs placed on public property pursuant to a signed lease or agreement; (o) Electronic time and temperature signs as part of an on-site advertising sign, as regulated by development standards;
(p) Exit, entrance, or other on-site traffic control signs are permitted. The signs should not exceed six (6) ft. in height and shall contain no advertising;
(q) Sign regulations may be waived if the signs are included as part of a project for which a Planned Unit Development (PUD) plan is required.
Sec. 9-4.304. Prohibitions.
The wind activated signs and signs not specifically permitted by this chapter are prohibited in all zoning districts.
Sec. 9-4.305. Duration of Permits.
Building permits for signs shall have a one-year duration commencing the date the permit is issued. If the applicant for a sign permit is required to obtain a business license, the duration of the sign permit shall be the same as the business license.
(Ord. No. 10-686, 3-16-2010}
Created: 2022-05-13 14:23 :31 [EST]
(Supp. No. 10)
Sec. 9-4.306. Special Permits.
(a) The following signs are permitted upon the issuance of a special permit by the Planning Director: moving or rotating signs; signs with flashing, moving or animated illumination; roof signs and signs extending above roofs; signs projecting from buildings; and signs attached to a fence or wall. (b) Whenever a special permit is required or requested, property owner shall file an application with the Planning Director setting forth information concerning the proposal as required by the Director. The Planning Director shall review the application and present a written report with recommendations to the Planning Commission and to the applicant.
(c) The Commission shall hold a public hearing on the proposed special permit. Notice of the hearing shall be given at least ten (10) days prior to the hearing by publication, once in a newspaper of general circulation within the City. Such notice may also be posted in three public places in the City, including one (1) public place in the area directly affected by the proceeding. The Commission shall consider the report of the Planning Director. Interested persons, including the applicant and the Planning Director, shall be allowed to testify and present evidence. At the conclusion of the hearing, the Commission shall render its decision by approving, conditionally approving, or disapproving the permit application. The Commission shall approve findings supporting the decision unless waived by all affected parties. (d) Any interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen days after the Commission approves its findings, or if findings are waived, within fifteen days after the Commission renders its decision. The City Clerk shall cause a notice of the appeal and of a hearing to consider the appeal to be given in the same manner as the Secretary's notice for the Commission's hearing. In the event of appeal, the Council shall consider all evidence presented to the Commission and such added evidence the Council deems appropriate. At the conclusion of the hearing, the Council shall render its decision by affirming, conditionally affirming, or reversing the Commission's decision.
The Council shall approve findings supporting the decision unless waived by all affected parties.
Sec. 9-4.307. Political Signs on Property.
(a) Political signs are permitted with the owner's permission on private property in any zone. (b) Political signs may be installed within rights of way adjacent to City streets, but not within medians of City streets, if the following requirements are met:
(1) A refundable cleaning deposit in the amount of $50.00 for the first ten signs, and $100.00 for signs in excess often (10) if posted within the City. The deposit will be waived for a candidate who shows indigence.
(2) Signs are removed within fifteen days after the election to which they relate or if the signs are not removed, the City shall remove the signs and deduct the actual costs of removal from the deposit set forth above.
(3) A sign larger than thirty-two (32) sq. ft. in area shall not be erected until a building permit is secured from the City.
(4) Political signs shall not be erected more than sixty (60) days prior to an election. (c) A political sign not posted in conformance with this Section shall be deemed a public nuisance and the City may order its removal upon five (5) days' notice to the candidate, property owner or person responsible for the sign.
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(Supp. No. 10)
Sec. 9-4.308. Review of Applications.
Signs which meet the limitations of this chapter shall be reviewed by the Planning Director. The Planning Director may approve, approve with modification, or deny any application subject to the criteria of this section.
Any staff decision may be appealed to the Planning Commission. Sign applications which do not meet the limitations of this chapter may be submitted to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. Any appeal must be filed in writing, together with a fee as established by resolution of the City Council, within fifteen days after the decision is made. The Planning Director and/or Commission shall apply all the following criteria as the basis for action:
(a) The sign is necessary for the applicant's substantial trade and property rights, does not infringe upon the rights of others, and the sign does not constitute needless repetition, redundancy, or proliferation of signing.
(b) The sign is consistent with the intent and purpose of this chapter. (c) The sign does not constitute a detriment to public health, safety or welfare. (d) Size, shape, color and placement of the sign shall be considered in order to determine if the sign is compatible with and bears a harmonious relationship to the building and/or site which it identifies. (e) Both the location of the proposed sign and the design of its visual elements: lettering, colors, decorative motifs, spacing, and proportions shall be considered in order to determine the sign is legible under normal viewing conditions prevailing where the sign is to be installed. (f) The location and design of the proposed sign shall be considered in order to determine the sign will not obscure from view or unduly detract from existing adjacent signs. (g) The location and design of the proposed sign, its size, shape and color shall be considered in light of the visual characteristics of the surrounding area in order to determine the sign will not detract from or cause depreciation of the value of adjacent developed properties. (h) The location and design of a proposed sign in commercial districts in close proximity to any residential district shall be considered in order to determine the sign shall not have any adverse effect on the value and character of the adjacent residential district.
Sec. 9-4.309. Maintenance.
Every sign shall be maintained in a safe, presentable and sound structural condition. The replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance shall be done in a timely manner but not to exceed thirty (30) days from date of notice. The Planning Director shall require compliance with this section.
Sec. 9-4.310. Hazardous Signs.
(a) No sign shall be erected in such a manner as to constitute a traffic or pedestrian hazard. Illuminating lights shall be shielded from the direct view of traffic. The words "stop," "look," "danger," or any other word of similar import, shall not be used if they would confuse or mislead traffic. (b) No sign shall be erected at the intersection of public streets within the triangular area formed by connecting two points twenty-five (25) ft. from the intersecting lines formed by projecting street property lines toward the intersection unless the faces of the sign are less than two and one half (2½) ft. or more than eight (8) ft. above the curb grade, and its means of support has a maximum horizontal dimension of not more than one (1) ft.
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(Supp. No. 10)
Sec. 9-4.311. Minor Variance-Procedure.
The Planning Director may authorize minor variances from the requirements of this Chapter when the variance does not significantly affect adjacent property. (a) The Planning Director shall notify the property owner and the adjacent property owners of his intended decision and shall post a copy of his intended decision at least fifteen days prior to its effective date. An interested person may appeal the decision of the Planning Director concerning a minor variance. The decision of the Planning Director is null and void if an appeal is filed and the Commission shall act upon the application. Appeals must be filed before the effective date. (b) An interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the Commission renders its decision.
Sec. 9-4.312. Abandoned Signs.
Onsite signs shall be removed within three months after a business is discontinued at a location at the expense of the property owner.
Sec. 9-4.313. Area Calculations.
The following methods shall be used to compute the area of a sign:
(a) The area of a monument or pole sign is to be computed by multiplying the total height by the total length of the sign or signs for one-sided signs, excluding framework. The base of the sign is not part of the sign when constructed on masonry.
(b) Where a two-sided monument or pole sign contains identical copy on each side, the area of the sign shall be computed by multiplying the total height by the length of one side only. (c) The area of a freestanding sign which has three (3) or more faces shall be computed by adding the areas of each face of the sign.
(d) The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining total surface area of an object. (e) Where the copy differs on each side of a sign, the total area shall be computed by adding together the areas of each side.
(f) A sign not in compliance with this Chapter, but existing is in violation of this section in 1998. Time extensions may be considered on the basis of amortization of initial cost of sign. Extensions may also be allowed for signs which possess features that make them a significant part of the historical heritage of the community.
ARTICLE 4. SIGNS PERMITTED
Sec. 9-4.401. R-1 and Interim Zones.
The following signs may be erected and maintained in the R-1 and interim zones provided they are located at least fifteen (15) ft. from any street or property line:
(a) One unlighted sign of not more than two (2) sq. ft. in area attached parallel with the front wall of the building and containing only the name and title or occupation of the occupant; Cr e ated : 2022-05- 13 14 : 23 : 31 [ EST]
(Supp. No. 10)
(b) For up to one (1) year, one (1) unlighted sign of not more than four (4) square feet in area advertising the premises for sale, lease, or rent located at the bottom of the sign and not more than two (2) feet above grade;
(c) One (1) non-illuminating sign of not more than four (4) square feet in area and not more than two (2) feet above grade giving the names of the contractors, engineers, architects, or other persons furnishing services during a construction period, provided such sign is not illuminated and further provided the bottom of such sign is located not more than two (2) feet above grade; and (d) One (1) unlighted sign of not more than four (2) square feet in area pertaining to the sale, lease, or hire of any building, property, or premises; and
(e) Two (2) unlighted signs of not more than thirty-two (32) sq. ft. each on property advertising the sale of developments or lot subdivisions containing an area of not less than two and one-half (2½) acres.
Sec. 9-4.402. Other Zones.
Signs may be erected in other than R-1 Zones without limitation as to size or number as long as such signs are constructed in accordance with the City's building regulations, do not constitute a safety hazard and otherwise comply with this Code.
Sec. 9-4.403. Monument Signs.
Freestanding monument signs shall meet the following standards:
(a) No sign shall be located within existing or future right-of-way without approval of the City Council. (b) The maximum height of the sign shall be twelve (12) ft. and 18 ft. for commercial centers. (c) Signs shall be a minimum often (10) ft. from property lines and shall be a minimum of twenty (20) ft. apart.
(d) Lighting of signs shall be arranged so as not to produce a glare on other properties in the vicinity. (e) The maximum width of the sign shall be twelve (12) ft. (f) The maximum area of the message area of a sign shall be eighty (80) sq. ft.
Sec. 9-4.404. Pole Signs.
Freestanding pole signs shall meet the following standards:
(a) The maximum area of the sign shall not exceed three hundred (300) sq. ft. (b) No part of the sign shall extend into existing or proposed street or right-of-way line or across property lines.
(c) The maximum height shall be thirty (30) ft.
(d) Signs shall be a minimum often (10) ft. from common property lines and shall be a minimum of twenty-five (25) ft. apart.
Sec. 9-4.405. Building Signs.
Signs attached to a building or a wall shall meet the following standards:
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(Supp. No. 10)
(a) The signs shall be attached flat against the building and parallel thereto. Signs shall not extend more than eighteen (18)in. from the wall of a building. (For the purpose of this section, a wall is a surface not less than sixty (60) degrees from the horizontal.)
(b) The signs shall not exceed fifty (50) sq. ft. and the length shall not be greater than three (3) times the width. (c) The signs may be located below the soffit of a canopy, overhang or porch and may be perpendicular to the building, but are not closer than twelve inches to the soffit or beam and maintain a minimum of eight (8) ft. vertical clearance along corridors, sidewalks or exit courts which are below the sign. ( d) Lighting of the signs shall be arranged so as not to produce a glare on other properties in the vicinity, and the source of light shall not be visible from adjacent properties or a public street (neon excluded).
Sec. 9-4.406. Subdivision Signs.
Permanent identification signs, including signs which identify subdivisions, mobile home parks, apartments, townhouses, condominiums or any other residential project, shall meet the following standards:
(a) The signs shall be attached to an entrance gateway structure or monument sign. (b) The sign shall be located and maintained in a landscaped area on a parcel within the subdivision at a primary entrance.
(c) The sign shall not be illuminated except for low silhouette spot lighting which shall not create glare on other properties in the vicinity.
(d) The design and materials ofthe sign shall be approved by the Planning Director.
Sec. 9-4.407. Agricultural Signs.
Signs advertising agricultural products raised or produced on the same property may be erected in agricultural zones and shall meet the following standards:
(a) There shall be no more than one (1) sign per legal lot. (b) The sign shall be a minimum of ten (10) ft. from the ultimate street right-of-way. (c) The sign shall not exceed sixteen (16) sq. ft. in area and shall not exceed six feet in height. (d) The sign shall not be illuminated.
(e) The sign shall be stationary.
(f) The sign shall be an on-site sign.
Sec. 9-4.408. Institutional Signs.
Signs which identify churches, schools, hospitals, colleges, universities, and social service organizations, including fraternal and benevolent, must be located on the same property and shall meet the following standards:
(a) There shall be no more than two (2) signs per each street frontage, not to exceed a total of six (6) such signs per lot.
(b) Each sign shall be a monument sign not exceeding six (6) feet in height, or a wall sign which does not extend beyond the roof line or parapet wall of the building. (c) Lighting of such signs shall be indirect, non-flashing and shall not produce a glare on other adjacent properties.
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(Supp. No. 10)
(d) The signs shall not extend into any existing or proposed road or street right-of-way. (e) Generally recognized and acceptable religious or institutional symbols that are freestanding, are attached to or part of a church or monument sign may be exempted by the Planning Director from limitations on height and area of signs.
Secs. 9-4.409-9-4.413. Reserved.
Editor's note(s)-Ord. No. 06-637, adopted Feb. 7, 2006, repealed former§§ 9-4.409-9-4.413 in their entirety.
These former sections respectively pertained to Temporary Real Estate Sales Signs, Temporary Subdivision Signs, Temporary Construction Signs, Temporary Special Event Signs, and Temporary Commercial Signs.
CHAPTER 5. DEVELOPMENT AGREEMENTS
Sec. 9-5.101. Purpose and Scope.
The provisions of this Chapter regulate the processing, review and approval of development agreements as authorized by Government Code Sections 65854 et seq.
Sec. 9-5.102. Application.
(a) A property owner who desires to enter into a development agreement shall make application on forms provided by the Planning Director.
(b) The Planning Director shall present a report and recommendation on the application to the Planning Commission for review at a duly noticed public hearing as set forth below.
Sec. 9-5.103. Notices.
(a) The Planning Secretary shall give notice of intention to consider adoption of the development agreement prior to consideration of the proposed agreement by the Commission. (b) The notice shall contain:
(1) The time and place of the hearing;
(2) A general explanation of the matter to be considered including a general description of the area affected; and
(3) Other information required by specific provision of these regulations or which the Secretary considers necessary or desirable.
(c) The notice shall be given by:
(1) Publication at least once in a newspaper of general circulation, published and circulated in the City. (2) Mailing to persons shown on the last equalized assessment roll as owning real property within three hundred (300) ft. of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than one thousand (1,000), the Planning Secretary may provide notice in the manner set forth in Government Code section 65854.5(b).
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(Supp. No. 10)
Sec. 9-5.104. Hearing.
(a) The public hearing shall be conducted by the Commission in accordance with the procedural standards for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. (b) No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicial or injury was done if error is shown.
Sec. 9-5.105. Contents of Agreement.
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide construction shall be commenced within a specified time and the project or phase be completed within a specified time.
Sec. 9-5.106. Other Regulations.
Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
Sec. 9-5.107. Commission.
At the conclusion of the hearing, the Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Commission's determination whether or not the development agreement proposed is:
(a) Consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
(b) Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(c) In conformity with public convenience, general welfare and good land use practice; (d) Detrimental to the health, safety and general welfare; and Created : 2022-05- 13 14:23:31 [EST]
(Supp. No. 10)
( e) Adversely affecting the orderly development of property or the preservation of property values.
Sec. 9-5.108. Council.
(a) The Council shall conduct a duly noticed public hearing to consider the Commission's recommendations. The hearing shall be called and conducted in the same manner as the Commission hearing is called and conducted.
(b) After the hearing, the Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Council. (c) The Council may not approve the development agreement unless it finds the agreement is consistent with the general plan and applicable specific plans.
(d} The Council shall approve the development agreement, if at all, by ordinance. The City may enter into the agreement after the ordinance is effective.
Sec. 9-5.109. Recordation.
(a} Within ten (10) days after the City enters into the development agreement, the City Clerk shall have the agreement recorded.
(b} If the agreement is amended or terminated, the City Clerk shall have notice of such action recorded.
Sec. 9-5.110. Periodic Review.
(a} The Commission shall conduct a hearing to review the development agreement at least every twelve (12} months from the date of the agreement. The time for review may be modified either by agreement between the parties in one or more of the following ways:
(1) Recommendation of the planning staff;
(2) Affirmative vote of at least three (3) members of the Planning Commission; and (3) Affirmative vote of at least three (3) members of the Council. (b} The City Clerk shall begin the review proceeding by giving notice to the property owner the City intends to undertake a periodic review of the development agreement at least thirty (30) days in advance of the hearing.
(c) At the public hearing, the property owner must demonstrate good faith compliance with the terms of the agreement. The Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
(d) If the City finds and determines on the basis of substantial evidence the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the City finds and determines on the basis of substantial evidence the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may modify or terminate the agreement. (e) The property owner may appeal a determination pursuant to this section to the Council.
Cre ated : 2022-05- 13 14: 23:31 [ EST]
(Supp. No. 10)
Sec. 9-6.101. General.
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 6. DEFERRED IMPROVEMENTS
CHAPTER 6. DEFERRED IMPROVEMENTS
ARTICLE l. GENERAL
This Chapter describes how the City will keep, invest and disburse money collected for the construction of subdivision improvements.
Sec. 9-6.102. Definitions.
The following terms are defined for the purposes of this Chapter, unless otherwise apparent for context:
(a) "Subdivision Deferred Improvement Tracts" or "SDI Tracts" are twenty-nine (29) tracts within the City subject to a deferred improvement agreement and identified as tract numbers 2898, 2967, 3060, 3061, 3062,3070,3071, 3080, 3081,3139, 3140,3186,3187,3188, 3192,3193,3194,3195,3196,3197, 3198,3243,3245, 3279,3280,3281,3282,3288,3353.
(b) "Subdivision Deferred Improvement Lots" or "SDI Lots" are lots within Subdivision Deferred Improvement Tracts.
(c) "Subdivision Deferred Improvement Agreements," "Deferred Improvement Agreements," or "SDI Agreements" means agreements calling for payments by owners of SDI Lots to finance the subsequent construction of certain improvements for SDI Tracts.
(d) "Subdivision Deferred Improvements," "Deferred Improvements," or "SDI Improvements" means the improvements described in the SDI Agreements.
(e) "SDI Advisory Committee" means the committee created to advise the City on compliance with this Chapter.
(Ord. 98-552, § 2)
ARTICLE 2. PRESERVATION OF SDI FUND
Sec. 9-6.201. Establishment of SDI Fund.
Money paid by SDI Lot Owners under the SDI Agreements for the construction of SDI Improvements shall be deposited into the SDI Fund.
ARTICLE 3. SDI FUND EXPENDITURES
Sec. 9-6.301. General.
The City shall spend the money in the SDI Fund:
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05-13 14:23:32 (EST]
(a) To promptly construct any SDI Improvements remaining for tract numbers 3281, 3282, and 3288. (b) To construct SDI Improvements for SDI Tracts not identified in (a) as the need arises. As used herein, "construction" means the actual costs related to and necessary to construct and put improvements in place for their intended use, including but not limited to the design, solicitation, evaluation, award of construction contracts and administration of construction contracts. (c) To pay the costs of maintenance of SDI Improvements. As used herein, "maintenance" means the actual cost of operating and maintaining SDI Improvements, but does not include the cost of administering operation and maintenance programs.
Sec. 9-6.302. Determination of Need for Improvements.
(a) The City's policy on expenditures of monies in the SDI Fund for the construction of SDI Improvements is to encourage the development of new home construction consistent with prudent municipal development and expending as much of the accumulated money as necessary to provide for and stimulate the development of SDI Tracts. The City's goal is to develop sufficient interest to require the annual expenditure of 5% to 10% or more or less of the accumulated SDI Fund.
(b) On or before May 1st of each year, the City Engineer shall submit a list of proposed SDI Improvements to the SDI Advisory Committee and City Manager. A SDI Lot Owner may also propose an SDI Improvement by submitting a description of the project. Except when an urgency exists, e.g., a home under construction, proposals by SDI Lot Owners shall be reviewed by the City Engineer as described in the annual report. SDI Lot Owners proposing SDI Improvements are encouraged to submit evidence showing how the proposal will benefit SDI Lots and how the proposed improvements will be used at an early date. Proof of impending construction such as working drawings, approved construction loan, monies in escrow, building plans and water meter application must be shown to ensure the SDI Lot Owner is committed to improving the lot. (c) The SDI Advisory Committee and the City Manager shall evaluate the report of the City Engineer and make recommendations to the City Council concerning the construction of the SDI Improvements as part of the annual budget process. The City Engineer shall prepare plans and specifications for each SDI Improvement project identified in the approved budget and shall submit such plans and specifications to the Council for action during the first quarter of each fiscal year. SDI Improvement projects identified in the approved plans and specifications shall be constructed as soon as feasible, taking into consideration variations in staffing, climate, and staging of projects.
Sec. 9-6.303. Maintenance of SDI Improvements.
(a) The City may expend monies from the SDI Fund to maintain SDI Improvements and pay for administrative expenses as permitted by this chapter under the terms and conditions of this Section. (b) Money shall annually be transferred from the SDI Fund to the City's General Fund for such purpose and shall not exceed the Lessor of:
{1) $290,000.00 per fiscal year, which total may be an average of such expenditures over a four-year period.
(2) The amount of money in the SDI Fund attributable to investment earnings (as opposed to principal). (3) The amount of money in the SDI Fund which the City Engineer and the Finance Director jointly certify to exceed the anticipated cost of constructing outstanding SDI Improvements for SDI Tracts. (4) The cost of maintaining SDI Improvements.
Created: 2022-05-13 14 : 23 :32 [EST]
(Supp. No. 10)
- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 6. - DEFERRED IMPROVEMENTS
ARTICLE 4. ENFORCEMENT
ARTICLE 4. ENFORCEMENT2
Secs. 9-6.401- 9-6.404. Reserved.
2Editor's note(s)-Ord. No. 06-643, adopted on Dec. 10, 2006, repealed former Art. 4, §§ 9-6-401-9-6.404, in its entirety which pertained to the SDI Advisory Committee, California City, California, Code of Ordinances
(Supp. No. 10)
Creat ed: 2022-05-13 14 : 23:32 [EST]
COUNCIL AGENDA ITEM
May 28, 2024
PREPARED BY: Victor M. Ponto, City Attorney
Item No. C B.1-
SUBJECT: Second Reading 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.
At the City Council's April 9, 2024 meeting, the City Council introduced an Ordinance distinguishing between household pets and foster animals. The proposed Ordinance would have imposed a cap on the number of foster animals and required households fostering animals to apply for a Temporary Animal Permit with the City. At the City Council's April 9, 2024 meeting, the City Council directed the City Attorney's Office to revise the proposed Ordinance to ( 1) raise the number of animals that a household could keep for personal use from three to four and increase the number of total animals that a person could keep-personal and foster-from four to five; (2) delete the requirements that small caged birds and rabbits are subject to the Temporary Animal Permit; and (3) delete the requirement that persons fostering an animal obtain a Temporary Animal Permit.
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 1 household pet be adopted by another person through the not-for-profit organization/agency program." The proposed Ordinance would increase the number of pets that a person can have for personal use from three to four and permit a person to have a combined five pets, including foster animals. Foster animals are defined as dogs and cats and excludes rabbits and small caged birds. The number of pets for personal use or foster animals in the Tiny and Small Home Overlay Zone would remain at three.
FISCAL IMPACT
Adopting the Ordinance as proposed will have no estimated impact on the Fiscal Year 2023-2024 operating budget.
RECOMMENDATION
Staff recommends the City Council introduce and adopt 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
FOSTERING OF ANIMALS AND KEEPING OF HOUSEHOLD PETS
ATTACHMENTS
1 . Ordinance No. _ _
2 ORDINANCE NO. --
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.
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.
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 four (4) three (3) generally accepted household pets, such as dogs.and cats, small caged birds, and rabbits.
Animals being fostered on behalf of a bona fide organization shall not count towards the four (4) 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 not-for-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.
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. 2 (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.
(k)ffi-AII 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. (l)fl4-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;
3 (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 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.
4 APPROVED AS TO FORM:
Victor M. Ponto, City Attorney
5 Kelly Kulikoff, Mayor
ATTEST:
Daryl A. Betancur, MPA, MMC,
City Clerk
STATE OF CALIFORNIA)
COUNTY OF KERN)
CITY OF CALIFORNIA CITY)
I, Daryl A. Betancur, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 24-_, was introduced at a regular meeting of the City Council of the City of California City held on the 28th day of May, 2024, and was passed by the City Council of the City of California at a regular meeting held on the_ day of ____ , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
6 Daryl A. Betancur, MPA, MMC
City Clerk
Item No. Cf) 1.
COUNCIL AGENDA ITEM
May 28, 2024
TO: City Council
FROM: Kelly Kulikoff, Mayor
SUBJECT: MEASURE B NEXT STEPS
BACKGROUND/ DISCUSSION
At the 14 May 2024 City Council meeting, Mayor Kulikoff requested to trail a discussion of potential action items to the 28 May 2024 City Council meeting.
City Council must take immediate action to move forward with a plan to adequately inform the public of Measure B.
The flyer graphics will be developed by Planning Commission Vice Chair Carla Conry at no cost to California City. The example attached is not a possible design and is only being used for informational purposes. The language to appear on the flyers to be approved by the City Attorney with a minimal fiscal impact. Cost of the flyer materials to be purchased from Vista Print or other vendor depending on the best possible rate at the time.
City governments face the challenge of doing more with less tax revenue. With a decreasing tax base, it's essential to prioritize sustainability, efficiency, and fiscal responsibility. By reducing the Measure B tax revenue by 1/6 each year, California City can adapt to this new reality and make strategic decisions to optimize resource allocation.
This approach encourages city governments to think creatively, streamline processes, and adopt innovative solutions to maintain essential services while reducing costs. By doing so, California City can better manage limited resources, reduce debt, and build a more stable financial future. This, in turn, enhances the city's competitiveness, attracting businesses, talent, and investment. By embracing the need to do more with less tax revenue, California City can promote sustainable economic development, fiscal responsibility, and strategic decision-making. This enables California City government to better serve citizens, support local businesses, and build a brighter future for the community.
1 Sending informational flyers by mail is essential for city governments to effectively communicate with citizens. It is important for the public to be well-informed on the ballot measures that they vote on.
Sending out informational flyers for Measure B by mail will:
• Reach a wide audience, including those without internet access • Provides a tangible and permanent reference
• Is inclusive and caters to diverse audiences
• Carries credibility and authenticity
• Allows for clear and visually engaging communication
• Demonstrates transparency and accountability
• Encourages community engagement and participation
• Educates and raises awareness about important issues
By sending mailers, city governments can promote a more informed and engaged citizenry, fostering a stronger sense of community and accountability.
FISCAL IMPACT
Approximately $5,000.
COUNCIL OPTIONS
City Council approves recommendation.
As per City Council direction.
City Council takes no further action.
RECOMMENDATION
City Council to approve the expenditures not to exceed $5,000 for the printing and shipping of approximately 15,000 Measure B informational flyers.
City Manager Approval (Initial): ___ _
City Attorney Approval (Initial): _ _ _ _
Finance Manager Approval (Initial): __ _
2 (Select Category)
Departmental Reports (DR)
Consent Calendar (CC)
City Manager Report (CMR)
Continued Business (CB)
New Business (NB)
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Order Summary
Subtotal
Saving~
ShiRRing (calculated at checkout)
Tax
Total
Quantity: 5,000
$613.99
-$184.20
$40.83
$470.62
J 93501
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Cost of Materials per 5,000 flyers:
Vista Print: $470.62
Megastore Printing: $1,111.75
UPrinting: $572.18
Vista Print Cost of Materials per 5,000 flyers: $470.62 USPS Cost of Postage per approx. 5,000 flyers: $1,045.45 ~
1 Total Mailpieces
5150
Your order cannot exceed 5000
mailpieces.
Please reduce your order
amount to continue.
Approximate Cost 0
$1045.45
Total cost of materials for 15,000 informational flyers from Vista Print: $1,411.86 $3,136.35
$4,548.21
Total cost of postage for 15,000 informational flyers from USPS :
Total cost of 15,000 flyers; materials+ shipping at 3 runs of 5,000:
Costs may vary based on promotional, shipping, and vendor availability. 4 TO:
FROM:
COUNCIL AGENDA ITEM
May 28, 2024
Mayor and City Council
Victor Ponto, City Attorney
Item No. N Bi
SUBJECT: Amendment to Planning Consulting Services Agreement BACKGROUND:
The City currently receives planning consulting services from AR Anu Doravari ("Ms.
Doravari") through a Professional Services Agreement dated June 5, 2023. It is set to expire on June 4, 2024.
Ms. Doravari is requesting an amendment to the existing agreement to (1) extend the term by an additional twenty-four (24) months; (2) reduce the hourly rate; and (3) increase the weekly hours worked.
1. The term would be extended by twenty-four (24) months with a new expiration date of June 5, 2026.
2. The hourly rate would be reduced from $55 hourly to $50 hourly.
3.The weekly hours worked would be increased from 20 hours to 30 hours.
RECOMMENDATION:
Staff recommends that the City Council approve the First Amendment to the Professional Services Agreement for Planning Consulting Services between California City and Ms. Doravari.
FSCAL IMPACT:
The First Amendment commits an annual cost of $72,000. Some of the costs may be defrayed through developer reimbursements.
Attachments:
A. Master Agreement
B. Proposed First Amendment to Master Agreement
1 City Manager Approval (Initial): Ll-- (Select Category) Departmental Reports (DR) --
Consent Calendar (CC) --
City Attorney Approval (Initial): --- - City Manager Report (CMR) -- Finance Manager Approval (Initial):
Continued Business (CB) --
New Business (NB) X
2 DocuSign Envelope ID: D650E1E0-4D02-455C-81E0-E73F83AFA6F9
CITY OF CALIFORNIA CITY
PROFESSIONAL CONSULT ANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 5th day of June 2023 ("Effective Date" ), by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Boulevard, California City, CA 93505 ("City") and AR Anu Doravari, an individual and resident of India with a principal place of business at #35, 4th Main Road, Maruthi Extension, Srirampuram P.O, Bangalore, Kamataka 560021 ("Consultant").
City and Consultant are sometimes individually referred to herein as "Party" and collectively as ''Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional planning consulting services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional planning consulting services to public clients, is appropriately licensed in the State of California or in the territory where services where will be performed and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional planning consulting services ("Services") for the general planning needs of the City as provided for within California Government Code Section 37103 as set fo1th in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3. I. I General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning consulting Services necessary for the City. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the Effective Date for a period of twelve (12) months, ending on June 5, 2024, unless earlier terminated as provided herein. This Agreement may be extended for an additional twelve (12) month term upon mutual written agreement of the Parties. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods 1 DocuSign Envelope ID: D650E 1 E0-4D02-455C-81 E0-E73F83AFA6F9 and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set fotth in this Agreement.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set fo1th in Exhibit "B" attached hereto and incorporated herein by reference, or as further defined and agreed to between City and Consultant. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Inge Elmes, Acting City Manager or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shaJl be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.5 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.6 Standard of Care: Perfonnance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, pennits, qualifications and approvals of whatever nature that are legally required to perfonn the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct e1wrs or omissions which are caused by the ConsuJtant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub2 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9 consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.7 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the pe1fo1mance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.8 Insurance.
3.2.8.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. ln addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be perfonned hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the te1m of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (l) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation/Employer's Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability [nsurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. .If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance.
However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section.
3 DocuSign Envelope ID: D650E 1 E0-4D02-455C-81 E0-E73F83AFA6F9 (D) Professional Liability (Errors & Omissions): Professional Liability insurance or En-ors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1 ,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a pe1iod of at least three (3) years from termination or expiration of this Agreement.
3.2.8.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(I) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) resttict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form offSO CG 20 IO IO O 1 and 20 3 7 10 01 ( or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (8) Automobile Liability:
(I) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(!) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( I 0) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(D) Professional Liability (Errors & Omissions):
( 1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten(] 0) days shall be allowed for non-payment of premium. 4 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9 (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.
3.2.8.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with thh primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.8.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.8.6 Deductibles and Self-lnsured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.8.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.8.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.8.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 5 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9
3.2.8.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.8.11 Requirements Not Limiting. Requirement of specific coverage or mm1mum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.8.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (8) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. (C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "e>-iended reporting" coverage for a minimum of five (5) years after completion of all services under th.is Agreement.
3.2.8.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the 1isk, prior expeiience, insurer, coverage, or other special circumstances.
3.2.8.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsuJtant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In caffying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment 6 DocuSign Envelope ID: D650E1 E0-4002-455C-81 EO-E73F83AFA6F9 and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10 Water Quality Management and Compliance.
3.2.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.10.2 Compliance with Water Quality Laws, Ordinances and Regulations.
Consultant shall keep itself and all subcbntractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 , et seq.); the Cal ifornia Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.10.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant fwther wan-ants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2. 10.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its otlicials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set fotth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty Five Dollars (USD $55.00) per hour without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set fo1th in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within fotty-five (45) days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within forty-five ( 45) days of receipt of an invoice of any disputed fees set fo1th therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. ln the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C."
3.4 California Labor Code Provisions.
3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1 720, et ~-, and 1770, et ~ -, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being perfo1med as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of lndustrial Relations located at www.dir.ca.gov/dlsr/. Jn the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the services are being perfonned as part of an applicable " public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations.
Consultant shall maintain registration for the duration of the project and require the same of any 8 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9 subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compl iance requirements.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. J\.11 notices permitted or required under this Agreement shall be given to the respective parties at the following address, electronic mail sufficient, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
AR Anu Doravari
#35, 4th Main Road, Maruthi Extension, Srirampuram P.O, Bangalore, Karnataka 560021
[email protected]
City of California City
21000 Hacienda Boulevard
California City, California 93505
ATTN: Inge Elmes, Acting City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the 9 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9 method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing oflntellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the perfonnance of this Agreement shal I be held confidential by Consultant. Such materials shal I not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determjnes that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary fnfonnation. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice ofConsultanl's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold hannless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and nonappealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, adminjstrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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3.6.5 Indemnification.
3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, lhe above indemnity shall be lin1ited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense, and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers, and agents as part of any such claim, suit, action, or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, hs directors, officials, officers, employees, agents, or volunteers.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the United States of America, State of California. Venue shall be in Kern County.
3.6.8 Dispute Resolution. If any dispute, controversy or claim arises out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination (a 'Dispute'), it shall be referred, upon written notice (a 'Dispute Notice') given by one Party to the other. The Parties shall seek to resolve the Dispute on an amicable basis within fowteen (14) days of the Dispute Notice being received. Any Dispute not resolved within fou1teen ( 14) days of the Dispute Notice being received may be referred by either Party to mediation before a mediator to be agreed between the parties or, failing such agreement, to be appointed by The Center for Effective Dispute Resolution ("CEDR" ). The parties shall share (equally) the costs of the mediator, the mediation venue and CEDR. Jf either Party fails or refuses to agree to or participate further in the mediation procedure or if, in any event, the Dispute is not resolved within thirty-five (35) days from receipt of the Dispute Notice, the Dispute shall be referred to and finally resolved by arbitration pursuant to the Rules of 11 DocuSign Envelope ID: D650E1 E0-4D02-455C-81 E0-E73F83AFA6F9 the International Center for Dispute Resolution (" ICDR"), which Rules are deemed to be incorporated by reference into this Clause. The tribunal shall consist of three arbitrators, two of whom shall be nominated by the respective Parties. The Chainnan of the tribunal shall be nominated by agreement between the two Party-nominated arbitrators within fourteen (14) days of the nomination of the second such arbitrator.
Failing such agreement, the Chairman shall be appointed by the ICDR Court. The seat of arbitration shall be Los Angeles, CA. The language of the arbitration shall be English. The governing law of this Clause and the contract shall be the substantive federal laws of the United States of America and the State of California.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment: Moclification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Patiies.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-paiiy beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity: Severability. ff any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay 12 DocuSlgn Envelope ID: D650E1 E0-4002-455C-81 E0-E73F83AFA6F9 any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Equal Opportunity Employment. Consultant represents that it is an equal oppmtunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines curTently in effect or hereinafter enacted.
3.6.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.6.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Pruty.
3.6.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3. 7 Subcontracting.
3. 7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[ intentionally left blank. signature page follows]
13 DocuSign Envelope ID: 0650E1 E0-4002-455C-81 E0-E73F83AFA6F9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the Effective Date.
CITY OF CALIFORNIA CITY
By: G:;s~~S
Inge Elmes ~es,e>'<Cl'e"'9~~90···
Acting City Manager
ATTEST:
By:
Socorro Chavli?'t1ty84CM}k
APPROVED AS TO FORM:
By: G;:;gp:~b
Victor PontoYEAF4cA,YAJsa2F ...
City Attorney
AR ANU DORA VARI
By:
14 DocuSign Envelope ID: D650E 1 E0-4D02-455C-81 EO-E73F83AFA6F9 EXHIBIT ti A ti
SCOPE OF SERVICES
1. Streamline and organize planning department functions - Review and update all planning department application fotms to reflect any changes from City codes and CEQA policies. Provide individual checklists to each development applications and group them into bundles for easy access for clients. For example: Existing building reuse application will contain all the different forms in one consolidated place online and a description will be provided upfront about what the process entails from document(s) submission to issuance of Occupancy Certificate from the City.
2. Coordination across all departments - Work closely with Building Department, Public Works Department, Fire and Police department to identify points of intersection and organization flow to ensure, the planning department can provide a comprehensive overview of the role of each department in the approval process for any given development project.
3. Planning Department functions - Review all incoming development projects permit applications to check and determine if City's land use plan allows for proposed project development.
Correspond and direct clients and monitor required changes for project approval.
4. Review of Incoming Development Applications - includes checking documents, building plans for compliance to City codes, preliminary review of architectural plans, and review of documents as per local and applicable county laws and policies.
5. Discretionary Case Environmental Planning - Case by case analysis ofcompliance to CEQA laws, document preparation and submission to CFWS, State Clearing House etc. to receive approval for clearing of vacant land in anticipation ofreal estate project development.
6. Client Interactions - Respond to emails, calls and direct clients, lawyers, architects, project managers etc. using technical knowledge to navigate through city's compliance protocols to obtain project approval.
7. City Planning Functions - Develop and direct the implementation of goals, objectives, policies, procedures. Participate in all City long and short-range planning activities, ensures that residential, commercial, industrial and related development conforms to the City goals and objectives.
8. Planning Commission -Prepare Staff reports and author planning commission documents including Public hearing documents. Draft ordinances and resolutions for various planning applications such as zone changes etc. Prepare complete Planning Commission Agendas for monthly meetings.
9. Development and update of Master plan document - Prepare master plan updates, generate G IS based maps for subsequent updates. Conduct socio-demographic analysis to understand growth rate and effectively delegate resources for future development.
10. Processing Minor Applications - Interpret General plan and master plan docwnents to allow minor applications such as what type of businesses can be located in Cl zone vs. C2 zone and drafting all the necessary documents for building department review and subsequent approval.
11. Community development- Assess where and how large scale developments can benefit our community and find provisions for entitlements in the General plan and help boost city's public infrastructure.
DocuSign Envelope ID: D650E1 E0-4D02-455C-81 EO-E73F83AFA6F9 EXHIBIT "B"
SCHEDULE OF SERVICES
DocuSign Envelope ID: D650E 1 E0-4O02-455C-81 E0-E73F83AFA6F9 Part-time 20 Hrs/Week
Rate per Monthly
Hour (USD)
$55.00 $4,400.00
3-months
$13,200.00
EXHIBIT "C"
COMPENSATION
6-months I Year
$26,400.00 $52,800.00
FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR
PLANNING CONSUL TING SERVICES
This First Amendment to Professional Services Agreement for Planning Consulting Services ("First Amendment") is made and entered into and effective on this __ day of ____ , 2024, by and between the CITY OF CALIFORNIA CITY, a California municipal corporation ("City"), and AR Anu Doravari, and individual and resident of India with a principal place of business at #35, 4th Main Road, Maruthi Extension, Srirampuram P.O., Bangalore, Karnataka 560021 ("Consultant").
A. City and Consultant entered into that certain Professional Consultant Services Agreement dated June 5, 2023 (the "Agreement") under which Consultant has been providing the City planning consulting services; and B. City and Consultant desire to amend the Agreement in the manner provided herein.
COVENANTS:
City and Consultant, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows:
Section 1: Section 3.1.2 of the Agreement (Term) is hereby amended to be extended for a period of twenty-four (24) months, ending on June 5, 2026, unless terminated earlier pursuant to the terms of the Agreement.
Section 2: The table set forth in Exhibit "C" regarding compensation shall be replaced in its entirety with the following table:
30 hours per week
Hourly Rate 1 month 3 months 6 months 12 months
(USO)
$50.00 $6,000 $18,000 $36,000 $72,000
Section 3: This First Amendment may be executed electronically with the same force and effect as an original ink signature.
Section 4: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as follows.
ATTEST:
Daryl A. Betancur, MPA, MMC
City Clerk
Approved as to form:
Victor Ponto,
City Attorney
2 By: _____________ _
Latisha Lamberth,
Acting City Manager
By: _____________ _
AR Anupama Doravari,
Consultant
Item No. 'N, B ? ..
COUNCIL AGENDA ITEM
May 14, 2024
TO: Mayor and City Council
FROM: Councilmembers Jim Creighton and LaShelle Cooper
SUBJECT: Planning Commission vacancies
BACKGROUND/ DISCUSSION:
Applications for Planning Commission were extended until 21 May. As of that date only two applications were received. The two received were from current Planning Commission Chair, Jay Dunham and recently appointed Commissioner David Brottlund.
As these were the only two received it was decided to forego the interview process and reappoint the current seated commissioners.
FISCAL IMPACT:
Planning commissioner compensation is already budgeted.
RECOMMENDATION:
As these are the only two who submitted applications it is recommended"that Council re-appoint them
ENVIRONMENTAL IMPACT:
None
ATTACHMENTS:
None
City Manager Approval (Initial): V,t:t/'
City Attorney Approval (Initial): ___ _
Finance Manager Approval (Initial): __ _
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