AGENDA
CITY OF CALIFORNIA CITY
Kelly Kulikoff- Mayor
Ronald Smith - Mayor Pro Tem
Jim Creighton - Councilmember
Michael Kulikoff- Councilmember
LaShelle Cooper- Councilmember
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY MAY 28, 2024
REGULAR MEETING @ 5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title 11).
Zoom instructions and notes:
Web Link: https://us06web.zoom.us/j/86589188803
Meeting ID: 865 8918 8803
1. Public can dial into the Zoom line:
a. One tap mobile: +16694449171 ,87254527178# US
b.Dial the following number: +1 564 217 2000 US
2.Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the "Raise your Hand" button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
1 The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request the public to MUTE your audio device when not commenting to avoid disruption during meeting. -tt At this time, please take a moment to turn off your cell phones -tt 4:00 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith & Mayor Kulikoff.
APPROVAL OF AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS1 . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (1) of subdivision (d).
Number of Cases: One Case
Zheng et al v. City of California City
Case No. BCV-22-103396; Zheng et al v. City of California City CS2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (2) of subdivision (d).
Number of Cases: One Case
CS3. PUBLIC EMPLOYMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957
Title of Position: Fire Chief and Fire Services
REPORT OUT OF CLOSED SESSION
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, Mayor Kulikoff. 2 DEPARTMENTAL REPORTS
a. Treasurer's Report
b. Finance
c. Public Works
d. Police
e. Building
f. Planning
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. Original May 2, 2024 - From J. M. Powers - General Fund is in Cash Debt for Entire FY 23/24. b. Original May 3, 2024 - From J.M. Powers - City Should Comply with Government Code Section 53760 & Start Soon the Neutral Evaluation Process.
c. Original May 18, 2024 - From J.M. Powers - Government Financial Officers Association's (GFOA) Recommended Financial Policies.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PRESENTATIONS
■ Certificate of Recognition to the Good Neighbors Christina Page, Ashley Marroquin, Diane Lynch - Police Department & City Council
■ Swearing-In Ceremony for Newly Appointed Officer, Tyler Tracey ■ Forensic Audit Presentations
PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.
All items on the consent calendar are considered routine, and non-controversial and will be approved by ( 1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC1. Approve City Check Register dated 5/10/2024 through 5/23/2024.
CC2. Approve Minutes of the Regular City Council Meeting of May 14, 2024, and the Special City Council Meeting of May 7, 2024.
3 CC3. Approve and Adopt Resolution No. 24-3031, A Resolution of the City Council of the City of California City, California, Authorizing the Finance Manager to Execute the Federal Transportation Act (FTA) Section 5311 Operating Expense Assistance Grant and Title Vi Assurance and Urban Mass Transportation.
CITY MANAGER REPORT
Oral Report
PUBLIC HEARING
PH1. Discussion of Ordinance No. 24-814, Amending the Municipal Code to Regulate Cannabis. (First Reading & Introduction).
a. Open Public Hearing
b. Staff Report: Karin A. Schambeck, Deputy City Attorney c. Public Comment
d. Close Public Hearing
e. Discussion
f. Recommended Action: Staff recommends that the City Council; 1) Open a public hearing and take testimonial and documentary evidence; 2) after receiving verbal and written testimony, close the public hearing; 3) Introduce and waive first reading of an Ordinance No. 24-814, Amending the California City Municipal Code to Regulate Cannabis; and 4) Take such additional, related, action that may be desirable.
CONTINUED BUSINESS
CB1. Second Reading of Ordinance No. 24-811, An Ordinance of the City Council of the City of California City, Amending Sections 9-2.501 (Permitted Uses) and Section 9-2.2455 (Sites and Structure Requirements) of the California City Municipal Code to Address Fostering of Animals and Keeping of Household Pets.
Staff Report: Karin A. Schambeck, Deputy City Attorney
Recommended Action: Staff recommends the City Council waives further reading and adopt ordinance by title, An ordinance of the City Council of the City of California City, 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 Household Pets. (Second Reading & Adoption).
CB2. Measure B Next Steps.
Report: Mayor, Kelly Kulikoff
Recommended Action: City Council to Approve the Expenditures not to Exceed $5,000 for the Printing and Shipping of Approximately 15,000 Measure B Informational Flyers. 4 NEW BUSINESS
NB1. Amendment to Planning Consulting Services Agreement.
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends that the City Council approve the First Amendment to the Professional Services Agreement for Consulting Services between the City of California City and Ms. Doravari.
NB2. Planning Commission Vacancies.
Report: Councilmembers Jim Creighton and LaShelle Copper Recommendation: It is Recommended that the City Council Re-Appoint Them Accordingly.
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING
I, DARYL A. BETANCUR, City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City's website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards.
Dated: May 24, 2024
~ ------
DARY~ CUR, MPA, MMC
City Clerk
5 COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Keith Middleton, City Treasurer
SUBJECT: Treasurer's Monthly Report of Investment
1 California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
April 2024
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.
The General Funds investment portfolio consists offunds for operations, Capital Improvement Projects (CIP), ··-.. ·-···"···----···-·-··-·-"···-·:.'."ater rate stabilization, ~-~,T.!_.nistration re~lacements .. ~D-~ . ~.eserves. .. ... -~ ..... --............. ,-.... Balance on Net Balance on Percent General Operating Accounts
3/31/2024 Transactions 4/30/2024 of Total
!Bank of the Sierra -- General Checking $ 2,450,074 $ 1,193,625 $ 3,643,699 23.54% Bank of the Sierra -- Cannibas Checking $ 246,130 $ 76,847 $ 322,977 2.09% Sub-Total Operating Accounts $ 2,696,204 $ 1,270,472 $ 3,966,676 Balance on Net Balance on Percent
General Investment Accounts 3/31/2024 Transactions 4/30/2024 of Total !Local Agency Investment Fund (122) $ 5,861,365 $ 77,485 $ 5,938,850 38.36% !Kern County Investment Fund (20202) $ 4,553,827 $ 15,156 $ 4,568,983 29.51% Multi-Bank Securities (CD Manager) $ 1,004,662 $ 1,835 $ 1,006,498 6.50% Sub-Total Investment Accounts $ 11,419,854 $ 94,477 $ 11,514,331 Total City Operating Funds $ 14,116,058 $ 1,364,949 $ 15,481,007 100.00% Restricted Housing Corporation Accounts
Checking & CD Accounts 3/31/2024 Net Transactions 4/30/2024 Housing Corp. -- Bank of the Sierra, Checking $ 2,309,771 $ 9,837 $ 2,319,608 90.50% Housing Corp. -- Bank of the Sierra, CD 7653 $ 107,750 $ 432 $ 108,182 4.22% Housing Corp. -- Bank of the Sierra, CD 7654 $ 134,775 $ 541 $ 135,316 5.28% Total Housing Corporation Funds $ 2,552,296 $ 10,810 $ 2,563,106 100.00% Restricted SDI Accounts
Note : Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.
Checking & CD Investment Accounts 3/3 1/2024 Net Transactions 4/30/2024 SDI -- Bank of the Sierra, Checking $ 526,685 $ - $ 526,685 0.61% SDI -- Bank of the Sierra CD $ 251,945 $ 1,011 $ 252,956 0.30% SOT -- US Bank Investments $ 85,687,420 $ (759,399) $ 84,928,021 99.09% Total SDI Agency Funds $ 86,466,050 $ (758,389) $ 85,707,661 100.00% Restricted RDA/Successor Agency Accounts
Checking & Investment Accounts 3/31/2024 Net Transactions 4/30/2024 Successor -- Bank of the Sierra, Checking $ 107,180 $ 7,500 $ 114,680 11.74% RDA/Successor -- US Bank Investments $ 862,084 $ - $ 862,084 88.26% Total Successor Agency Funds $ 969,264 $ 7,500 $ 976,764 100.00% 1 of 2
California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
April 2024
INVESTMENT POLICY
The Treasurer shall invest the City's monies as penuitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.
* Contact City Finance Manager for US Bank investment breakdown.
Market Value Summary - CUSTODIAN ACCOUNT
Beginning Market Value
Ending Market Value
Investment Results {Acct. Number 104388-010)
US Bank
SDI Account
US Bank
3/31/2024
85,290,580
85,687,420
396,840
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX 3/31/2024 Beginning Market Value
Ending Market Value
Investment Results {Acct. Number 211146000)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST 3/31/2024 Beginning Market Value 114,181
Ending Market Value 1
Investment Results {Acct. Number 211146001) {114,181)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL 3/31/2024 Beginning Market Value 260,000
Ending Market Value 1
Investment Results {Acct. Number 211146002) {259,999)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE 3/31/2024 Beginning Market Value 862,082
Ending Market Value 862,082
Investment Results (Acct. Number 211146003)
Total RDA/Successor Investment Assets 862,084
Total "US Bank" Investment Assets 86,549,504
2 of 2
4/30/2024
85,687,420
84,928,021
{759,399)
4/30/2024
4/30/2024
1 1
4/30/2024
1 1
4/30/2024
862,082
862,082
862,084
85,790,105
Finance Report
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Finance Departmental Report
1 California City California City
Fund Balance@ 4/30/2024 Fund Investment@ 4/30/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,257,941.51 * All L -s16,479,210.91 Aspen $188,924.02[ Cash Allocated to Other Funds -$16,479,270.91 DAR -$1,312, 732.82 * All2 I $16,479,270.91
GF $8,345,291.59 * Accounts Rec Cash Clearing -$132.95
GF-OHV G -$1,374,183.70 * Business License Cash Clearing -$1,377.25 GF-OHV P $141,919.75 * Cannabis - Bank of the Sierra $371,174.30 GF-PS FD $1,595,986.77 * Checking - Bank of the Sierra $3,343,767.67 GF-PS FD Prop 64 $56,653.03 * Kern County Investment Pool $4,382,993.32 GF-PS PD -$854,173.23 * Local Agency Investment Fund $7,383,445.21 GF-Str -$4,338,877 .22 * Multi-Bank Securities $988,280.38 GF-TDS -$3,370,494.19 * Utilities Cash Clearing $11,120.23 Housing -$610,897 .65r Grand Total $0.00
Reserves FD $400,000.00
Reserves GF $3,000,000.00 Reserves PD $356,526.12 Restricted Funds $4,229,982.40 SDI -$113,642.65
Sewer $4,231,155.79 Successor -$157,646.58
Water $7,323,420.99
Grand Total $16,479,270.91
-$2,368,551.53 * Represents available general fund related cash balances as of report date M :\Monthly Financlals\10-Apr 2024\Fund Balance Recon 4.30.24 Public Works
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Public Works Departmental Report
1 BHT Engineering, Inc.
CITY OF CALIFORNIA CITY
PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST
Task Order
BHT PROJECT # Executed PROJECT NAME/ Limits PROJECT DESCRIPTION STATUS /Received
UPDATED 4130/2024
FEDERAL/ STATE FUNDED PROJECTS
City approved program supplement 02/23/2021. Environmental & Design completed. Bids opened August 11 , 2022. Bid analysis completed. Awarded to Burch Construction at 9/27/22 City Council 1 20406 3/18/2021 Hacienda Blvd Rehabilitation RSTP Hacienda Blvd from Ca~City Blvd lo meeting. Contract docs sent to Contractor 10/03/22. Construction 5399-(030) Eucalyptus. Pavement rehabilitation. completed 07/07/23. Project Accepted at 8/22/23 Council Meeting. Close-out & Final Invoice submitted to Caltrans on 03/27/24. Invoice was returned. Awaiting Final Payment from Cltv to BHT so that a final Invoice can be comoleted.
City approved program supplement 02/23/2021 . Environmental completed. Design In Progress. Invoices sent to Callrans.
ConS1ruction plans ready, project specifications in progress, slaff report for council approval of bidding phase January 17th 2023.
Bids opened March 16, 2023. 6 bids received; apparent low 2 20407 3/18/2021 Mendiburu Rd CMAQ paving of exiS1ing dirt road from bidder is Granite Conts. Project Underfunded. Requested more Reconstruction. 5399-(031) Hacienda to Neuralia. CMAQ funds to Kem COG. 4/5/23 TTAC commtttee recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. 06/13/23 - Council awarded project to Granite Const. Construction
COMPLETED. 4/23/24 • City Accepted project, City Clerk to file NOC w Countv. Caltrans Close-out In nrooress
3/26/21 : Cattrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 - HSIP Cycle 10 - Pedestrian Received Construction allocation letter from Caltrans. Bid 3 21420 7/13/2021 improvements On CCB from Verba to Neuralia Opening 6/22/23 - awarded to Cen-Cal Construction. Const.
Completed. 4/23/24 - City Accepted project, City Clerk to file NOC w County. Caltrans Close-out In progress
Kem COG selected project for $170,538 in TOA grant funds on TDA ARTICLE 3 Pedestrian Hacienda Ave sidewalk curb and gutter 03/24/2022. Bid opening 4/27/24 . Low bidder Is Cen-Cal 4 22405 4/18/2022 Improvements between So. Loop Blvd and Manzanita Ave. Construction. BHT checking with Kern COG for addltloanl funds.
CDBG # 13.21 .1 Balsitis Park Prepare construction plans and Specs for new Council to authorized project advertisement on 6/13/23. Waiting 5 22408 7/25/2022 Playground and basketball construction of playground equipment and CDBG agreement to award project. Expected May 2024 court basketball court Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with RSTP On Hacienda Blvd from Manzanita Ave TOA Art 3 project. 05/03/23 - Received fuUy executed program 6 23401 114/2023 Hacienda Blvd Rehabilitation to Redwood Blvd - Prepare construction plans supplement agreement - and forwarded to City staff. - Design 5399-(033) and Specs for new Hacienda Blvd pavements Completed. 02/04/24 - Received and filed Const. E-76 from rehabilitation. Caltrans. Coordinating bidding with adjacent TOA Art 3 project In order to not have 2 construction projects at same time.
SB1 FUNDED PROJECTS
1 23406 5/24/2023 SB 1- 2023 Call for Projects Redwood Blvd. • Frontage Rd Rehab - South Caltrans reviewed and accepted project on June 28, 2023. Design side from Graham St. to 85th St. to begin April 2024
LOCAL FUNDED PROJECTS
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for CMAQ Redwood Blvd. Rehab. 2021 CMAQ Call for projects. Kern COG Recommended 1 19410 8/19/2019 5933-(029) - Preliminary 500-ft East of Hacienda Blvd. to 98th Street Construction funds for funding 2021 CMAQ Call for Projects.
Engineering 03/07/24 - ConS1 RFA submitted to Caltrans for processing. 04/24/24 - Receive Caltrans Const E-76 and Finance Letter. 04/30/24 - Received PSA from Caltrans - City to accept PSA at 5/14124 CC meeting
03/29/22 - Finalized DRAFT Striping Plan and emailed to C~y Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend.
Striping Plan at Redwood Prepare Striping Plan for Installation of STOP 08106122: Forwarded email from former City Manager (Anne) to 2 22403 3114/2022 Blvd. & 98th Street Sign and markings at the intersection of City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Redwood Blvd. & 98th Street. Interim C~y Manager Dr. Jim Hart - regarding approval of S1riping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.
Also sent copy of Draft Striping Plan.
Page1 CAL CITY· ACTIVE PROJECTS STATUS - PUBLIC
BHT Engineering, Inc.
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Ca~City's right of way.
IWVGA (Indian Wells Valley Groundwater Indian Wells to reimburse for all plan checking and project 3 22411 3/7/2023 Indian Wells VGA Project Authority) Pipeline Project from Cal-City to coordination process within City's right of way. Ok to continue per Ridgecrest PW em all 03/0712023. 10104/23 City received $30K initial fee from Indian Wells Valley Groundwater Authorijy_ Project coordination In progress
Cal Ctty Blvd. Rehab- from Hacienda Blvd. to Application submitted to Kem COG on 07/12/23 - Project 4 23404 512412023 2023 RSTP Call for Projects 94th Street Approved In 2023 FTIP Amendment 11 - PE fund available FY 24-25, Const In FY 25-26
Application submitted to Kern COG on 0711 2123. 9122/23 BHT responded to several questions from Kern COG on application. 5 23405 5124/2023 2023 CMAQ Call for Projects Cal Ctty Blvd. - Shoulders from Baron Blvd. to 11101123 - BHT Submitted revised appUcation to Kem COG Maverick Ave. reducing shoulder section to qualify for CMAQ funding. Project Approved In 2023 FTIP Amendment 11 • PE fund available FY 24-25 Const In FY 25-26
6 23406 512412023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South Caltrans reviewed and accepted project on June 28, 2023. side from Graham St. to 85th St. Design In progress expected June 2024 Isabella Blvd new water main Prepare construction plans and Specs for new 7 23409 6111/2021 construction from CCB to construction of 12" water main on Isabella Design completed, currently seeking construction grant Moss Blvd from CCB to Moss Ave (Approximately funds.
9,000 ft). Formal bidding process.
CCB new water main Prepare construction plans and Specs for new 8 23410 6/1112021 construction from Verba to construction of 12" water main on CCB from Project design In progress. Verba to Neuralia (Approximately 10,000 ft). Neuralia Formal bidding process.
Prepare One-Line Diagram for Well #3 for Currently seeking natural gas powered motor with Waukesha 9 23411 81912023 Well 3 Motor upgrade new 200 HP well motor, plans and regionla contractor specifications. Formal bid process Prepare construction plans and specifications
10 23412 712712023 Splash Pad Skating Park for the construction of new splash pad and Bid opening March 27, 2024. No bids received. Waiting for project skate park including onsite and offsite Council direction. Seeking contractors using Sourcewell improvements
Prepare application for new 8 in sewer main
11 TBD TBD New 8 in Sewer Main on Cal-City frontage rd. from So. Loop to 88th Lahontan Sewer main construction application. Waiting City's Lahontan application St. then, on Aspen to Corwin, the along direction Corwin to Catalpa approx. 2,520 feet
Construction partially completed of scope of work approved on 1he 12 23413 81312023 Mojave Jade Construction Off-site improvement on CCB for SPR 20-31 grading plans. Currently coordinating with owner and city for he next phases of construction and development agreement
13 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Application submitted March 2024. Currently waiting results.
Project Engineer's cost estimate sent to city. Currently preparing 14 23416 2/2112021 Tierra del Sol Pro Shop & Prepare construction plans for break down cost estimates of construction phases. Phase One Restaurant Remodel project remodel/addition of restaurant final plans sent to City for review 12/08123. Bids opened 01131/2024. Waiting for direction
15 24403 2/2912024 Go~ Course Backflows Backfiows' Replacement Project Survey completed. Design in progress 16 24404 2/2912024 2023 LAMP Annual Report Prepared 2023 LAMP Annual report Report In progress. Expected completion and submittal April 2024
UPDATED 4130/2024
Page2 CAL CITY-ACTIVE PROJECTS STATUS - PUBLIC
Public Works Monthly Council Report
April 30, 2024
-
Desert Clean Up Crew FY Total April Total
Total Work Orders: 432 47
Closed Work Orders: 432 47
Open Work Orders: 0 0
Dial-A-Ride FY Total April Total
Regular Fares $ 2,451.60 $ 479.00
Seniors/Disabled/Children $ 3,576.00 $ 459.00
Desert Jade $ 121.00 $ 41.00
Total Fares $ 5,154.80 $ 979.00
Number of Riders 3,016 757
Number of Operating Days 76 18
Facilities FY Total April Total
Total Work Orders: 1,993 173
Closed Work Orders: 1,993 173
Open Work Orders: 0 0
Street Department FY Total April Total
Total Work Orders: 1,100 146
Closed Work Orders: 1,100 146
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 2,511 383
Pot Hole Repair(s) p.h.: 6,083 936
Water Department FY Total April Total
Total Work Orders: 1126 82
Closed Work Orders: 1126 82
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 32 15
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 8 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 104 18
Standby Callouts: 328.5
Citizen Complaints: 83 II
*Information found in this report is based on the following dates:
*Monthly* April 1, 2023 through April 31, 2023.
* Fiscal Year* July 1, 2023 through June 30, 2024
Police Report
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Shannon Hayes, Acting Police Chief
SUBJECT: Police Departmental Report
c~~
POUCE
Vl 50 LJ.J
~ 40
5 30 .-t
1- 20 er:
~ 10 ...J
~ 0
~
MURDER-APRIL
2020 2021 2022 2023 2024
California City Police Department
APRIL 2024 Stats
April Part 1 Crimes - as of 05/15/2024
27 21
2020 2021 2022 2023 2024
Total Violent and Property Crimes Reported 2020 - 2024
TOTAL VIOLENT
CRIMES - APRIL
2020 2021 2022 2023 2024
TOTAL PROPERTY
CRIMES - APRIL
2020 2021 2022 2023 2024
MARCH 2024 vs APRIL 2024 Up by 11%
Part 1 Crimes March 2024 - 24
Part 1 Crimes April 2024 -- 27
MARCH 2024 PART 1
CRIMES BY AREA
APRIL 2024 PART 1
CRIMES BY AREA
California City Police Department
APRIL 2024- PATROL STATISTICS
Total Incidents (Apr): 1,797 Total Arrests (Apr): 31 Felony Arrests: 21 Misd. Arrests: 10 Total Incidents (2024): 7,067 Total Arrests (2024): 137 Felony Arrests: 66 Misd. Arrests: 71 Calls for Service (Apr): 1,277
Citations Issued (Apr): 31
Calls for Service (2024): 4,743
Citations Issued (2024): 170
• On April 11, both Police and Fire responded to reports of a fire. After the fire was extinguished, CCPD officers located evidence of a chop shop wherein several stolen vehicles were discovered. Officer arrested three adult males. • During the week of April 14, National Public Sfety Telecommunicators Week was observed and our very own department Dispatchers were recognized during the week, Geri, Talia, Ronny, Rebecca, Sam .... Thank you!!
• On April 18, member of CCPD served lunch to residents of Desert Jade; afterwards a few games of bingo were played, with the numbers being called out by Lt. Hayes and Chief Hightower.
California City Animal Shelter
April 2024 Totals
Animal Shelter Stats
Criteria April, 2024 April, 2023
Total Animals In 14
Adoptions 11
To Rescues 5
Canvassed 25
Warnings Issued 19
Returned to Owner 1
Put to Sleep 0
Licenses Issued 6
Citations 3
Dog Bites 0
Owner Surrender 0
Calls to PD/Shelter 156 No information recorded
DOA 4
35 14
1 0
0 5
0 50
1 0
3 7
Building Report
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Building Departmental Report
1 California City Building Departmental Report
March 2023 - April 2024
Inspections
Projects Finaled
Commercial Inspections
Commercial Inspection Finaled
Permit Applications Received
Plan Checks Received (Solar, Construction, BHT)
Plan Check Completed
New Residential Home Permits
New Commercial Building Permits
New Cannabis Building Permits
Total Permits Issued
1070
603
66 6
698
364
359
72 2
1 527
161
41 8
0 81
55 46
12 0
0 60
RESIDENTIAL INSPECTION DETAILS MAR 2024 RES TOTAL INSPECTIONS MAR 2024 RES COMPLETE/FINAL INSPECTIONS BLOCK WALL 4
CANNABIS APPROACH 161
CANNABIS FINAL
CARPORT RESEDENTIAL CORRECTIONS MAR 24 41
CODE ENFORCEMENT (RED TAG)
COMMERICIAL FINAL
46 DRAINIAGE
DRYWALL NAILING 3
ELECTRICAL PANEL COMM IN:.PEC11vN:, MAR .tU.£4 COMM t-tNAL INS ~~, ,-.. ~ ELECTRICAL RELEASE 5
ELECTRICAL ROUGH 17 0 FIRE SEPERATION WALL 0
FOOTING AND SI.AB 12
FOUNDATION COMM CORRECTIONS MAR 24
FRAMING FLOOR
FRAMING ROOF SHEATHING 5 0 FRAMING ROUGH (Walls/Shear Panels) 13 GARAGE
GAS PRESSURE TEST 1
HVAC 2
HOT MOP/SHOWER PAN I I INSULATION 9
LATHING 4
LEACH FIELD
MECHANICAL ROUGH 12
N-SFD FINAL 8
PANEL UPGRADE 2
PATIO FINAL
PATIO COVER
POOL
PLUMBING ROUGH 16
RE-ROOF 5
SEEPAGE PIT 1
SEPTIC TANK 1
SET BACKS
SEWERUNE
SIDING
SOLAR 22
SPECIAL INSPECTION
SPECIAL TRENCH 4
TEMP ELECTRICAL
UFER FOR ELECTRICAL SERVK:E
UNDERGROUND ELECTRICAL
UNDERGROUND PLUMBING 7
WATER HEATER 6
W INDOWS 3
MISCELLANEOUS 3
161
Inspections
Projects Finaled
Commercial Inspections
Commercial Inspection Finaled
Permit Applications Received
Plan Checks Received (Solar, Construction, BHT)
Plan Check Completed
New Residential Home Permits
New Commercial Building Permits
New Cannabis Building Permits
Total Permits Issued
1276
640
70 10
772
416
426
87 2
1 591
206
37 4
4 74
52 67
15 0
0 64
RESIDENTIAL INSPECTION DETAILS APR 2024 RES TOTAL INSPECTIONS APR 2024 RES COMPLETE/FINAL INSPECTIONS
BLOCK WALL
CANNABIS APPROACH 206
CANNABIS FINAL
CARPORT RESEDENTIAL CORRECTIONS APR 24 37
CODE ENFORCEMENT (RED TAG)
COMMERICIAL FINAL 26 DRAINIAGE
DRYWALL NAILING 5
ELECTRICAL PANEL COMM 11'1:lt"cC 11uro1:, APR Z0Z4 COMM FINAL,.~.,,..."._, ,u,.,,.
ELECTRICAL RELEASE 7
ELECTRICAL ROUGH 13 4 FIRE SEPERAllON WALL 1-BLOCK WALL FOOTING AND SLAB 2 1-WELL ABANDONMENT FOUNDATION 13 1-TOWER MODIFICATION COMM CORRECTIONS APR 24 FRAMING FLOOR 1- FINAL PADRON METAL
FRAMING ROOF SHEATHING 23 0 FRAMING ROUGH (Walls/Shear Panels) 14 GARAGE/SHED 2
GAS PRESSURE TEST 4
HVAC 2
HOT MOP/SHOWER PAN 1 I I INSULATION 7
LATHING 2
LEACH FIELD
M ECHANICAL ROUGH 12
N-SFD FINAL 6
PANEL UPGRADE 2
PATIO FINAL
PATIO COVER
POOL
PLUMBING ROUGH 12
RE-ROOF 4
SEEPAGE PIT 4
SEPTIC TANK 4
SET BACKS 14
SEWERLINE
SIDING
SOLAR 27
SPECIAL INSPECTION
SPECIAL TRENCH 1
TEMP ELECTRICAL
UFER FOR ELECTRICAL SERVICE
UNDERGROUND ELECTRICAL
UNDERGROUND PLUMBING 14
WATER HEATER 3
WINDOWS 1
M ISCELLANEOUS 7
206
Building Department Sign-In Sheet To Date:
CALIFORNIA CITY BUILDING DEPARTMENT
TIME: NAME: PHONE#: EMAIL: REASON FOR VISIT: ·
.,
1 ·
I 1-1; Ji) -
....
CALIFORNIA CITY
B
UILDING DEPARTMENT
TIME: NAME: ADDRESS/ APN: PHONE#: EMAIL:
REASON FOR VISIT: ~ :to (.a,,(£ r. • ,. I ~ 1111""
Q\,, ~-i.\ ) 2.IZ. · CL, 1 E,1£(.. f'•-•f 11,·.oo ,:s,, ,..,,.._, u,., 1l e1 v\"'"11, \ < .:>VI~ t'J \j P HlbQ ·1,<;"\·J- ·7_1..c; J D, / ..J -I-/,, b .t,-f--J 1'.2,11 ; /.,J i n a ve r r11 , -i- ,.,, / ,( J ,., - - , . , . ,s Mlle/\ \ 1,,) o-J,1 ) I A/
__ . . ·i2 . \ .. )Jr .t-- // ;>r (&;1,1 H ~. ·"'2.o03 M '-'S'~ "- 5...,>1 1-1-V ,., ,it;_,15/) 0 / ,,,_,,,.. A ,(? ,E/' ,, L. _r ..:7 ,¼:-, L'; ( ) · . ~ ,.. i'K 7,;.;;1 .,vc<-1,,,(!-• 1 I '.7i,
M
U~NJ, >'I/TA,:/ J .,f1, Wv ( ) . 1·.-:;.'-<' \ !"\ n '"'~ ' - \1,yz.c1 YJ.., A, ""•" CA H I \id il
~ l ~--5'7 · "J.I~ 3 1 ~\u,e,o...\.l~Y\@c ,. Iv:.\ ~ f'l'\~1.-P,,~ " Ar\..vrs.c::... l< :·:>1 fvlr::i., \\I/ I"\ lc..l.Aeh'r" ( ) .J ·"T. y ._h _, • 1-1-<:. '..J . 1"<' .2."\ J •- I - .i Kr,.,iia ,.,_ ri ,ll / fl·l,'lt.nc::r r., r ... ~-.J r.-1 ,!I,,, 1. f ;\ ·-- Jq,,,,.,_t,.,_ , - _,, JLt,A•~:, .. ,•, ...., l,t. r>--, .- /V\.v S.--. . .,,- .J n ·12...,,_.,_.._·,-r- " - C,in ) "" 1,E; - "la>~ l'~'S,t-,.. - t:,,J-:-(..·"'4 \ ~-, lJ. t I - f:,c.'\.- ' ' C-'">,..._ ·N<"JU ~~"I\ /&ad.\ n::'li-; , I - ji,,,. ,)'-#<:(- 7 r.,., ~ M._n - .,......, ___,. .l:l.c.. - < .,. - . ... - . ( -·, if 'Z. '.;~ :-;?Jf'-t~ - ILi/ I 11/J/J'/'J Pli! /,1/1 I l - <!ii 7.\ {~ '1 .. \,1: ,1 """\cl\n ~5,.-.-:. I l I O'l' 1.:. . 2. .,, .. ,. l ,_.,. M_CJ= J-, (. a "-- I l I lc, i,,Q.._- .J..A "'Cl.., 1)/ cc/,, : -ftlVI I l,',..., I ) L//'7, lc..
n.-+
M n - . - l x"rd /,f'I -?G'St> ~ . ,~
t~7.r 7 ,'·/,,..._ n. •. "'1_, n 1~1 ;,ti( -'Zr.-77 .;,~,- ,,,__ ,-f.' - 'L.U'l,..0 /'-'f ,/UAMl'l'WJ.h .Ill ( ~- I - '\,(\ -· I ) . e I -' / • I
# /,::--'l,~ ,...-,., . ,11 ,v1,., .. ,:,_,- ' 11 ~ 0 , '><'{').'.l 1 '""-""' J .-..,ll ( rlilf ,.t,A 7'1,,f,)~f ':\".Y.-.~ t'.1.J;<.i)'it,JI avt1:i/lWIH1ni:!", vm A/) tU(fl' /.li1/[ I ·1 ,~..,, ,--;; ' ('"' c Jl5:A CkA1.-9 - ~l'l'\I } ' I IM1/L., If 1- f ;\,r-.J,. 1Li ' f' /(1,J, i.l'J• )/f~ -'5D'ill· I v , ' - A, , - - ·~1tee A- ·" •. ,2" ,,_ ·1 ..,,. .~ l :r r~ _,._,.,;-,;, 't 17.'1 -,,_;;. . IL c_ ..;v ... J..t J '1\0\", '"V f ,_..-••'I" • • v ( I <,\) l ll,- - -7_,w.,_ ....,,_---t; ... """ , c- \+<, r,, '1" .. -- ... - - C-<_.v,.,,./ '-! / 'I!() 11"" .,,; 1 ~ ,,..,,,,_,,,
D l i ? ( r, 9 d' f<. •. "' C:f' ,,,J--t "'"' '1
J r.? (fi.-11J .- ' "'- -., ,i, 1 .... K 1-::..:.."tlr'. -• n: t,'J- _ t ::, .~.t".e,,,11- - - " · -~ . "fj~n i ///1 J.//d / , 1LI "i ' ( l -- ·i,J 'l J,f /lM/ .J.P b-1,I. 'IA, .,, ,_ I i\..:{_o,, lrk-C, q J '-lr, ('.,,/ , , ,,, /~,>,, .: 'S I •• ,1,1 l •2,,,{'. ,..,, c,:;- r .... -J A • ~~,. Lf.~J r -· 't7, ,,-,_ 7 ' _,.,., '.:.. ~- ,. ... .,,,. ~-[.I -,-,.. ., , ·-Q .. ~iT ~ \ '\,'\.;.,.~'c,_ '2a ·l o\ -q,, ..,,._ ,~ ,-.] 1.1-'i'·", --<XJ'-", . fl,., b l.-· R..,_,,,_._,,,. , .., 4 11.'(J{) ;J,}t?NNI/ P12t1.oeNl!-ID ..., n I I 1.-, 11./c;-v/l A,l/A ;,.) , ~ (i:1:1 l sin,, - G,-, s- .') 0 .v'I~ P A92M IT ~
ffo J!f.,,. ·•" n £i<M/'J, Q ,:J .- -! 'll.72.f:>-/o.Jo (it'<> )>IJ -oo'37 ct>, •., 4 .-.//,A "' ,_ / ' ~l" ):.$" ) " "'"t i;.. ..... S'j .. cl-:. , '). \$il r'.MJ.l;• C.,r (L,.~lit.t • J., OC. ,_ , l :,L .,-J; t• .1./\- ~lo("" -~c.. ,-) t"d 't) L,_ .,., _ ~,r .. ,,Lt+v u,.eJ I'<' • ,10' A'll'ln <:, A , , 1\.- A rl . , I '7 ir;< ,./ I 'T\~ ' }(, )/(_ ..,.,_ ' P e_, ,.,._ ,-r- :, - _.., ....-4_,.., -~ _\ \ "I •t V "" ( ) ·:1)-;:: o q 1~ ·.'(l.k" le" I, l!Cov-C,. I l 7 Ji, Vfl1 i "W ll \ 1Yll\ ·vn::77/H'.; ( I
-c.1 •- - ,l ~-11..t.. ( l .
'J.,( I , l _,, ..J r o,1,1 JA'Y'l!l1/\ ,1.-wi," " !&Kl t;;M. /C/.4:J V,:J f' , (1 ;f.;,?(W 1111 .-1.111/ -~,m ?/1/Zf' - • - - ; ~ - _ 6 X .J. J,- '>'H'f'7:.,.,. t(A.V'! r rnvt:" Uri (le,. lf/,,JtJ Zf}- H.a./ 1 , .... tt,"f('o-h~.b. a- ~· , ,, __ 51'-ri71f ~"'H$ "S'"....fl'?,C.?° lnr-,-. ·P1.,· 11; ..... Qn l'W6 )'1'1Z ·b'll~Z. ,i,1o)ft,a", , ·,_..._- J:'::(i,•TL~' •.-···-,. "'•"" O, •• ,,!.,.,.., 1.i HI, r'i +v <t.S J,-t ,P<.rtll .S\'t.6 <.I l'Vl ~ t
3- 7/ Z>f ·.) " .r{ •d 1-\ ,;i l le-r w l o C)(l <;' i,. 1; H o n r el . rn, o ,-.i, 9' z. ·-uc c; - v ~
,..
--- ·+ ,, \ '.:.0.-
...
CALIFORNIA CITY BUILDING DEPARTMENT
TIME: NAME: ADDRESS/ APN: PHONE#: - EMAIL: REASON FOR VISIT:
p ,.,
CALIFORNIA CITY BUILDING DEPARTMENT
TIME:
- NAME: ADDRESS/ APN: PHONE#: EMAIL: .REASON FOR VISIT:
---1 {)(''(''1 HP I I P r I ) - Vt:,Y-\IY' \ -T.c:...
II/~,;,, ·" ,_,. H Ji:!/~-<"- 'R7bo Li'mo ( l - I)~ .,.,- ·+...- - /ilAf•(. )~ ' J,,l,£J/J.lft:: ( l . I );,-.,, A J il·:5 ',,l.lAtf j VZ _; vi 4.jwt.t>' r I I l , - ,,;,,;,; /' v,,,, , ,J. >
A .,.~..._.::.., "A~. i2- /v,-
L ,'.,,. , ~11 nl- cJ;;,f"J iJ.t _ _.,, .kl_;/ { k_[..!" ,=.-~ - v , ,(,, f.,c /., 7Co l . · .,,I ;", ~ 11 t #- , //,,,·) c..- ~- }0 7 ,,e_ ._, ,,....., v, , _Jt>2 ;,\ 1:.,'/4-(J iEJ)o r, -;?;;,, tJI /lvAi kit.C I /4.M J..~I -81,t-4 f)~=/',! r'"-C, n f <,' iAJ il\ (}'O<--.'\IN~'- a 0101 ~ , s r ;, 1' I i--- S.,, I ,4 t? (.1 er~,a /,(f,.,,i /,,c,h,r, .,.~ i I/ t'11- !V~12.r,, II~ ti V 7 1)0 \ I-;;'-,! "I ;J.p c;>.&'c"., l""""''.1......-:u...... ......., ...... '/!.:. _.,,,,... ,Y/;1{/<J ~, ~
,,,, 171,.,~- P /e I ) - -- / J,,.,...,....,.,.,,, ,ef,,,. ,,~.,,;t' ... l ~'\J..li'l.A . //, 'c'. 0215' I ) - l-1.':'1.;1..11,K. , ~'.\l, ~l..l,tt.~7 ·11?1 ¥ ;v.,,:_,...,,,:F/11,,,,, ( w,) t/'1'1 -871~ ffi -1- /.7 C,l~l'-7 ,r- •\.,;i, ,r, .Ar 1 ...... ~ 1,.,. L ei \ & e<CJ n 'J I?-, • l'J I '"'.l. - r,.C _ f 'lrl - 4 £'L i) 2,1 ' _g l\4 1',, ~ ...., .... &:, f) " ~-. f\,• _,._ -~L. - L..L ,i-:"\'· h·e..1 c_,~ _tP s.s ''""'l-~ ~l dv~,,, I ) - .,.i "' - • ""- t-<.
i\. /\/ /I j /~ r;iah.. I ) - Ui;;' L' :.,u k ,,. ,
! 111,,,,.,: rv ,,,.,.r,,.,1,. ,.,, -C, ' .. ,_JD)t -u-,. J ..2."J·-• 't.. l ·()-,,:,: , ·• .3 (u, Sf1/f· , ,J/'t("!;' l ~_,d'_d, 't-..., ,c:,~,.,_ ,t_.h' ,.> /4 / J / //L-' I ~ A J', _ fTII,.,~ n ---· (7.¢11/B~U "" /Y/,!,,A/4 co~ / _,,__,., r .(/&1..1 / r~" Y \.) . , ~.. . "' \ J , .. .-N-~ Q,J l.v\ (l\\.,.cu.._,1 ... r· /h!-1) uw;-~ i -i<ir-.:. "'-::.0 1-1 L . ... A-,, . i. i.. ·,/:I; ~ -c / c, r L__ l r I ,I' \!,,4/Z;"', 5~-t ;; 4" ,-4, l<c.c->L '.i /4-.., .;' 11i:~v .... "'1. -~~<.ta , 111;-/-rc1~ 1,1 :{ ,,,.,._; ) ,d'J f5td,; •P~J.- / 'ru / A,i,i /' J'i A"'(i (b-,6) ,"/-j<'.? - (;7--;,,7 I Jc.4', .J...r~ -~'l.J:f'A<·, I, a:,,, , • / ),.:, , .y,, ,'-<;' ()Mt,( ,-'lo. . \\,I.,,. \~ r,J'I Pn I.'-<.." /~rt . I ) / ~ ,ulµ... ..<:::ll....., t>;r .'1..< • 2..._...,. -'- ,-: I ) - iu,..... 1l'i_;,._ ~21)(, ,,.., • 1h: ("lta l5','I -'itl i
7.:
u ,. r, ,.,.,,,, " <? <J 2 1 0 3'/ 9/9 /.- .. )P"'9•· Y8' ~c r e.-11-0/t..s - '.!>.h\k'•~ H'ii~}i-:-- I } - ·vr- 1"1. ,l/ ·,¼
' 'iJJ,,, 11,,, 1,1,,M. ,,,,,,_... [</ rr } kl: • 'f.;11'7 /J( .,..,,,.,_1,-., · - 0,. µt\e.uC:·,,,., ~t-..... 2110\ C' """-';("\ V-.\,l'· (~&' ) ,1 ?J • '1",)."1 in.v'I ~,; ,:,,-,J'W,c¢ w~\.i> •. ' i'•Y\. (0 ~ - · - _\ •\o, .::. ,,,lr\.,z f = ~,- ') L/ -1 J'{,.- ,1,',ne, "\ \c .-~· ,n;,- lt>td} 5i.!J -'.V, 9f' I If.- . .,,,,,,,l,,, l-f/2..;·CH.,/'~ 4/P/,,, ,,, / c,i;H.. n, .. J -~ n . ,:,.,,(>':/ L.:f. I le-I, ... .,_ ,fk,,,n-,. ,-,{ . ,.. ) 12.tv,- fl,'.{€;. fl.lZ.l,{,,i '7--/ 0 ..,_ 't :?'i-.1-' .ST 18(.:'! )!{-,1 - 2 "L35 (C, fl, v c!, fl../1 ,H1 .-1. 'fl.I .Cf!-!, ., P,.,, II. M z,::.,...
A l,, •,.. ,1.-~ . .:nv-,- I I/hf: /JI/ (/{/Ji'} ) t: 7 -()"i/,- C &'h /,Z:. r-1, LIAJ (-/St/-f~ L - - [ ) - .,
:;i_' , ? ) .L,-, 1,-, /' ~Pr,// ,, """ "/ I n tJ l '11., i- . s -1- .14,.'A S.W-.:, J>-7~ __ C,,.--:- / ·CJ J(//,'j ru 1,<f...--c:,,.,-1/,, J<,1•,U J c,c.. 1 vV4, .~(..tWJ [ ) •· il+li ,fl1 .' I "( .\( ,/, \1-l\fli \I L!J\\Ai'/ .,,- lllJl.l (-:i,,,d T •. n.\.r \), .vt, [</~ <.. ,\I) -V.'-l\Q½ 1""rs.(1l\1'1•1 w-:.)(lf-V,1iii .. , ,,_ f'v,·,n·,.,f ( fl~ • ,M,Yl- { W,\f\,\.,<l., r. '\ I', (I - Pue'" . CJ.I. (,fl', tvel~' /JI);:,. [ 7M') ,;;,f - ;i '3 L~ c:t),--,,_~~ft,t"/t4L..@ IC6o-¼R u if-',,,-,.,, ',J__ I ..,I f.1 \-RZ"tw :215;3 eve.r(,/,.trD'f· rn'"t l'YiD -S\ 2 I, l.Sfl,;~.S,.illc..t\Yl-/.,~l!f.~lllll ' 1•1"1) '"' p ell'l\r, \ r.,- ~ "\au~ i '] '< [/~t:.) ·1..1~- 1\.. LdA.... - 7 r>. "V \l.~ I
...
CALIFORNIA CITY BUILDING DEPARTMENT
TIME: NAME: ADDRESS / APN: PHONE#: EMAIL: REASON FOR VISIT:
ou r;
·t,.r-~~:J4,1 (!! e,.V<.. . edv
,,
'.; '
L
CALIFORNIA
CITY BUILDING DEPARTMENT
TIME: NAME: ADDRESS/ APN: PHONE#:
EMAI
L: REASON FOR
VISIT:
.... ,~w i?~ i""l:.£' Vz.?1 ~ :, • l 7 ~lo I U., ,1:, \_ j"),A I ) . \ \(') 101 \·,\I_D. \.J1P9tbt- ( ) . . \.,);;, 10 l £19\--=-i _ TI:Th -,;J..,, A•-·" I\.,'"'.' ••• ----,-. I ) . "'Dt='D,.,.1-r-C.. ,;l~ '. ?,o . kl ' l',i,;"11.:> n ; lt -z.11 ( ) ' . 13 11 I.J ,, _, / 1_, -1. ' / ,'.J..',cr ~ '. '-\ ~ W e> , (; n , f,-,.~ h- J':>l'ID Y' -- ;)h.,._ ( ) . s ~i~,. /{.,._..,, ; .p
_('" ' .;- -· - . •"""l ...i •- J ,, ' - · , , j ., ) . , - IG'. A-rt, ~ t)_j~ '-""'n ltl.fi'1J,,, ''f l ;} "L'<.. I ~ ( - ) . 17v n ~e,.= M,.. 3 1 IV rn,z;!l,)l.,U /1 '--- -( ( ) - --
"?,. I "I l/e.._ ;.;,rt ivi> l - 2,,1'1-?LI f),_,<' ('HJ')) bl't> > .S:Tt>-ct r-~:-+- t ; _~ i::r; A 2. r ,-.J I ;' if-10
H<\Ci n 10l ,-... i'.l i , !, ,; ll "110 - SI
21~ 1?•V1 'Se.,•\ 7.i\"'"' o-YJ\ ;.'>i,c\",ll\1t- J iJ n L1m -t i:> -t .,,~ ( -~ ,,_ 1 f~v,, fo z_ < ~::_; er.;, SC •· I- lf5-r-,z. l G.£. ( 3 10 a ll/,· C7. 1-;. )£.'/;, , ,.,,.., r ,· t,,: 2-Z- 11 ··d ~
"'l M,,.,:;, c.t?_ ·,rn er,.?,_., t&(>I JZ~'I -Js rz.. i::: Gt-.S "· . ei ""-ef>+ ,.,,, ... ,; i f'.J,, f-:
MJ.. ,_ :r ..• ,.o..f l?, ~_\] t\ ''fl ~-'\, 1/, ; • ,,..,-,c..c I ? (~ (.11',) cr-v,-,c,f:-f) \ Al)11 ... ,-r-,1v V . ~r I In ,/'.;¥ ( •- - I .:1n o C, K' ...,,
_,_ IL; ,(.,,- ( ,~nl 1/i -•n I I TT:l Tl .
':.::: f R ~ . \ \\IP!
V :..,,DaC. I' ) . ' .\->
€ D k t I 't'""\
"':S f , ..
T'-= \f ,_ , TI- A \ Ol ' I ,l ( l . . /11 .1/./'l
~ ~~rn/ .A r 1,110 /J f'!. ( ) . -Hi;,
o. ,i::w
. l ' "ii ) f --,,' ( / ,11,,,_,'i. '"' {.'' ,'-)~ 11,1..,--.. (, Pfl/_,)S·/i - (,7iL1.L . , l. 1•• w,+:
~I./~ .U:. 0 . b -, ,. " I r c. rz in. or; ~.? 1,.c,<1 I I"},:,.',,,-.¥1 I -, r .:; 1 1/-trlt \,, __ ,_ p _, 0 / z:. 7 'l7 1-a v r L; S' I~ "! ls,u,q · 92?& fo~•o I .... , ... vJ.-v' ::.._,j«. ' ·"A ( ) . ·li !,C-6 ' ,0.f:~ ' £,'1--1..A~\ '? oC:, - <J9c;- 0 1 ( i'if),; JI;. # V.,. t,V,~.:>JL ' Jr., {5" ~ G/--1 '~ Pkc;;i CL [ "l (Gl'tl?'<''). -'It£!-· p,,-,r -t ·[:./-<; c:;;; /i:.."tA
); : l LI ,._,,,Vu nf'-I MA-D b l, ( )
L\ I c;• L1Urt.WY\
XO \I'\ I H\ 1 \ ·?, "1'1' VI fl H\ dt' ( ) riw1 <t\"t' t q vtH - nrruo. \\J-1(\ i r:,.., \ \ \J .~ \),, p Q/1,·- [ l . . \ 1, '--· ~ '.,.\-~ I 'l l,>i°"~ '*~ v.o;;,.,~ 't<I :I.~ ':, .~ .t>iit~t' ( ) . f u,,E reil-M.J'f ·7 '1.fe JV!Mi.nUV/fV/µ-D A.} r ( ) . 7 ./1,1 /'J ' """ · fl ( ) . 7 ~.:c,
~ 0 -.-:,10 11,.,a £'£I l½8 1 -S'i!:'77 l,,tT rn) -}..
(,. l .
I 1,; J.. .. ::!.vi' • ) f°".1>,,(),0f;,,,_, / ,-. ~, i; / i 1.,,-,,4, "'-' l'.llt .,·:r 71..::, '? 17/(/A Mi,-- N ut:. ,,t'/?-,n,"1 "'7,Sr1 7 ,,,.~-.r. ,tn
~/ .,,,,.., I ~ I ll.1 9.i -S<2:Z7 !i?:;:-)')-i,\-"'·
a : r1 F.1 i ' _J_ ' - . ,. lJ.,:-.,-i (l -,c.o )0:,Y!\ ~ CJ?;? /7l• ,r&,; -\<.. t ;z..1>S J6t,...., :f'e L, ,,.. .- .,_, ~(;,{; io t " t rt.• A , r •. n .:..1,r,{ lt1.,) .2-c.~~-s $~• .,,. ::::T". -"" - - - .J " "'-~ - ½')_ep _ - 7_, -"- ~ ,<;<•J- r,_ _,,,~ LJ.<9 j - <:; ~?7, I (J,.-,,m1-\-. / j-~ ,2_-=,., •·~ -" r-,,1- -.-- '-41, ~n G('-\ I q (.:-i-rr,,- i • '\, y y-~ (<'.i~ )'.ii'.I r-- Y., =;-/.. 'Pe., <Y\ 1" ~ 'C' , <"l't°" / - " I ) .
Planning Report
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Planning Departmental Report
1 PLANNING DEPARTMENT REPORT
Jl1'1E2023-IVIAY2024
. . ,, ,
',l
Department Functions
• Administrative Tasks:
• Drafting reports, ordinances, resolutions & Professional Services Agreements
• Preparing Planning Commission agendas
• Public assistance & Project review
• Reporting:
• Reports for Council regarding proposals or amendments to the municipal code
• Meetings:
• Held various public hearings and Planning Commission
meetings
• Total of9 Planning Commission meetings held between June 2023 and April 2024
• Accurate Data Delivery:
• Provided accurate and up-to-date data and statistics
• To city departments, consulting firms, and contract
employees
• Data Gathering:
• Efficiently gathered data from other departments • Provide data for the Housing Element Update Report Major Development Projects
• Coordination:
• Coordinated site plan reviews across departments
• Thorough scrutiny before approval
• Compliance Assurance:
• Ensured all development projects comply with city
regulations and policies
• Expedient and informative responses provided
Pro·ect
I. Lot Merger - L M 23-03
2. SPR 22-20 - Cannabis
new Site Plan Review
3. SPR 22-44 Kll Dll Solar
4. SPR 22-45 Bellfield
Solar
5. Mobile Home Parl,
7. SPR 23-25 i\legatech Cannabis
8. SPR 24-08 Carver
Precast
9. Emergency
Communications Tower
to. Solar Facility
11. Sculpture Park
Status
Under review
Application Review
Complete
Under Review
Under Review
Application Review
Complete
Under Review Under Review Under Review
Application expected
Initial Project Specs
received
Remarks
Discussions with other
departments
Revisions advised
Discussing Conditions of
Approval
Discussing Conditions of
Approval
Revisions advised
Discussion with other
departments.
CEQA Review in progress
Discussion with other
departments.
Discussions with Developer
Assessing project site
·- 1111 SPR 17-
- SPR17-
- Cl/P19-04 Ill CUP 19-03
- ZC21-07
- SPR21-01 - SPR21 -42
• ZC22-02
• ZC22-04
1111 SPR 22-44
• SPR22-45
- SPR22-47 Ill SPR 22-49
II SPR22-39
• CUP23-0l
Cl/P23-02
Ill CUP 23-03 I CUP23-05
I Cl/P23-06 I CUP23-08
II CUP23-09 II SPR23-10
• SPR23-06 • SPR23-25 I SPR 23-08,09
I CUP24-01
P1 01ect I~ pe
Cannabis
Cannabis
Solar
Solar
Cannabis Cannabis Cannabis
Metals Industry
Cannabis
Solar Solar
Cannabis Cannabis Cannabis
Church Church
Retail Store
Communication Tower
Recycling Facility Recycling Facility Residential
Cannabis
Cannabis
Cannabis Cannabis
Solar
11111
2017 2017 2019
2019 2021 2021 2021 2022
2022 2022 2022 2022 2022 2022 2023 2023
2023
2023
2023 2023 2023
2023
2023 2023 2023 2024
Description
Mojave Jade DH
Attit Farms DH
Reimbursement Agreement Reimbursement Agreement
Zone Change Calrox Il
Traditional LLC DH
SFV caregivers DH
Zone Change Padron Metals
Zone Change Olivia
Eland 2 Solar
Bellfield Solar
Calrox- 1
XoQuality
Global Cannabis Corp
Winsome Church CUP
Iglesias Christiana Church
Dollar General Store
Verizon Tower
Field Recycling Hernandez Recycling Centre
Mobile Home Park
Sarkis Cannabis Facility
K-Pack
Megatech Cannabis
Da-Vinci Place DH
New Leaf Energy
I Project St~tus
Approved Approved Approved
Approved Approved Approved Approved Approved Approved
Site plan review Site plan review
Approved
Site plan review
Missing docs
Approved Approved Approved Approved Approved Approved
Missing Docs
SDR completed
Approved
Site plan review
Approved
On Hold per Applicant
Status
Approved
Site Plan review
On I-fold per Applicant
SOR completed
Missing docs
Total
I
Number of
Pro·ects
PROJECT INVENTORY LIST
18 4
2 26
GOALS FOR THE UPCOMING YEAR
• Enhancing Public Relations:
• Creating a narrative with informative graphics to articulate the review process for planning applications and projects
• Improving Public Understanding:
• Developing a flowchart of the application process and other planning functions to provide a clear understanding of the submission process
• Comprehensive Project Overview:
• Implementing a case log to maintain a comprehensive overview of all projects • Documenting each project's progress and milestones
• Describing in detail the approvals pending from each department • Facilitating immediate knowledge about project status for departments • Dedication to Responsibilities:
• Highlighting dedication to overseeing development projects, providing public assistance, managing state and county relations, gathering data, archiving projects, and enhancing public relations • Commitment to Efficiency:
• Remaining committed to providing efficient and effective services to the public • Ensuring compliance with city's regulations and policies
THANKYOU
Communications
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM.: Daryl A. Betancur, City Clerk
SUBJECT: City Clerk Report/Received Communications
City Clerk Betancur Original May 2, 2024, Resubmitt
California City Hall, 21000 Hacienda Blvd
California City, CA 93505-2259
City Clerk Betancur,
Re: General Fund is in Cash Debt for Entire Fiscal Year 2023/24, Thus Far ED
MAY 2 1 2024
Include this letter into the record for the upcoming city council meeting and distribute to city council members, city manager, and finance directori· lace--thiS'"to ic on the agen'cla to discuss at the next city. cg_uncil meetin The City's General Fund has been insolvent since the beginning of the 2023124 fiscal year. The incurred debt has exceeded General Fund cash available and has used Special Revenue & Enterprise Funds to cover the growing debt. $6.GM in grant revenue has not yet been received, the 2022123 Annual Audit is overdue delaying future grants.
The table below tells a disturbing story. Despite a fully funded Measure C parcel tax, the total city operating debt has exceeded the General Fund cash available for the entire fiscal year, so far. The cash shortfall has been covered by Special Revenue funds and Enterprise Funds; a bad financial practice or worse. Diverting these revenue sources to pay debt appears to be a noncompliance with State law and the CA Constitution. The debt incurred is of such a magnitude that virtually all of the $3.2M in Special Revenue Funds, have been exhausted and for four (Sep, Nov, Feb, & Mar) of the eight months shown below the Water and/or Sewer Enterprise Funds were the only remaining sources of cash to cover debt.
Metric Jul2023 Aug 2023 Sep 2023 Oct 2023 Nov 2023 Dec 2023 General Fund Cash No City $9.96M $9.75M $9.97M $9.61M $10.88M Total City Debt Report ($12.94M) ($13.15M) ($13.88M) ($14.73M) ($13.57M) Cash Shortfall ($2.98M} ($3.70M) ($3.13M) ($5.12M) ($2.69M) Metric Jan 2024 Feb 2024 Mar2024 Apr 2024 May 2024 Jun 2024 General Fund Cash $10.67M $10.1M $9.89M TBD TBD TBD
Total City Debt ($13.65M) ($15.74M) ($16.14M) TBD TBD TBD Cash Shortfall ($2.97M) ($5.64M) ($6.25M)
The city has not experienced this depth or duration of debt in previous years. For the entire fiscal year, thus far, the General Fund has had no reserve ... . zero. The majority of debt has accumulated in six funds: 1) Tierra Del Sol Golf Course, 2) Police, 3) OHV Grants, 4) Airport, 5) Dial-A-Ride, and 6) Streets CIP. This debt has grown by ($3M) between August 2023 and March 2024. Since the beginning of the fiscal year, there has been a promise of inbound grant revenue totaling about $6.6M, but no grant money has yet materialized. The 2022/23 Audit is months overdue, this will further delay receipt of future grant money.
While the April 2024 property tax and parcel tax revenue will bring some relief, debt increases between June and Nov 2024 (see table above). Year-over-year increases in debt means the city will eventually run out of cash in all or most funds leading to insolvency.
Public suggestions to ameliorate the debt have been reg ett bly dismissed.
Cc: Each Council Member, Acting City Manager La
City Clerk Betancur Original May 3, 2024, Resubm
California City Hall, 21000 Hacienda Blvd
California City, CA 93505-2259
City Clerk Betancur,
fto
MAY 2 1 2024
Re: City Should Comply with Gov Code §53760 & Start Soon the Neutfire'\raluation Process Include this letter into the record for the upcoming city council meeting and distribute to city council members, city manager, and finance director; lace his-to ic-ronrfhe end tcrdis-cu sat the next city,council meeting.
The City Council should seriously deliberate when to start the Gov Code §53760 neutral evaluation process in order to avert a future Chapter 9 municipal bankruptcy. Whether or not there is a positive outcome from the proposed Measure B, the city's drift toward insolvency continues. The Council needs to be honest with the public over the city's true financial status and plans of action to mitigate excessive General Fund expenses & debt.
CA Government Code §53760 covers the mandatory steps leading up to municipal bankruptcy, called Chapter 9. The first step is to engage in the Neutral Evaluation Process, which involves calling in a qualified third party to negotiate with all relevant stakeholders that would be impacted by a potential future municipal bankruptcy.
Gov Code §53760 Section 1 states, "It is in the interest of the state, local governments, and the public that local governmental entities have sufficiently sound financial capacity to provide required services .... lt is in the best interest ... .. that employees, creditors, bondholders, and other interest holders be included in an appropriate restructuring process and have an adequate understanding of the financial capacity of the local governmental entities and their obligations." "It is important for those parties to be able to participate in a pre-filing confidential neutral evaluation process that could assist parties in reaching a settlement and avoiding a bankruptcy." Gov Code §53760 Section 4 states, "A local public entity may initiate the neutral evaluation process if the local public entity is or likely to become unable to meet its financial obligations as and when those obligations are due or become due and owing." "The neutral evaluation established by this process shall not last for more than 60 days following the date the evaluator is selected, unless the local public entity of a majority of participating interested parties elect to extend the process shall not last more than 90 days ... " Under Section 4, the neutral evaluation process shall end if any of five conditions are met.
The fifth conditions states, "The fiscal condition of the local public entity deteriorates to the point that a fiscal emergency is declared pursuant to Section §53076.5 and necessitates the need to file a petition and exercise powers pursuant to applicable federal bankruptcy law." Thus, Gov Code §53760 outlines a structured approach to involving a negotiator, or mediator, in an attempt to resolve a municipality's financial distress within sufficient lead-time to potentially avert a declaration of financial emergency. California City is in financial distress due to growing long-term debt in excess of General Fund cash available. The City's persistent debt has resulted in using Special Revenue cash and Enterprise cash used to cover payroll & recurring bills.
The City Council would be wise to determine if and when it is time to begin Gov Code §53760 by first inquiring about the availability of a neutral evaluator in anticipation of managing the process. :d:!E
J ers
Cc: Each Council Member, Acting City Manager Lam h, ON, All Stakeholders City Clerk Betancur
California City Hall, 21000 Hacienda Blvd
California City, CA 93505-2259
City Clerk Betancur,
May 18, 2024 RECEIVED
MAY 2 1 202+
Re: Government Financial Officers Association's Recommended Financial Policies Include this letter into the record for the upcoming city council meeting and distribute to city council members, city. manager, and finance director- IIIC£lhi topic mn gencla to discuss at-the nextcity couneitmeeting.
The City's Financial Policies are severely lacking. The State of California and State Auditor endorse compliance with Government Financial Officers Association (GFOA) recommendations. The City's acute financial distress is caused, in part, by failing to prepare and adhere to financial policies that align with GFOA recommendations.
GFOA recommends city budgets ";nclude information that facilitates public understanding of the budget environment and the issues and concerns facing the city ... and doing more than required by law would be beneficial for a goal to be more transparent" (State Audit report 2011-131, pp 70). The table below is GFOA's recommended 10 Financial Policies for cities to develop. There appears to be very few of these policies topics adopted by the City Council.
GFOA Recommended Financial Policies
Financial Planning
Balanced budget: Define a balanced operating budget, make a commitment to balance the budget, and provide for disclosure when significant deviation is planned or occurs Long-range planning: Support a financial planning process that assesses the long-term financial implications of current and proposed operating and capital budgets, budget policies, cash management and investment policies, programs, and assumptions.
Asset inventory: Inventory and assess the condition of all major capital assets.
Revenues
Revenue diversification: Encourage diversity of revenue sources to improve the ability to handle fluctuations in individual sources.
Fees and charges: Specify the manner in which fees and charges are set and the extent to which they cover the services provided.
Use of one-time revenues: Discouraae the use of one-time revenues for ongoina expenditures.
Use of unpredictable revenues: Specify how to manage the collection and use of major revenue sources that the entity considers unpredictable.
Expenditures
Debt capacity, issuance, and management: Specify appropriate uses for debt and identify the maximum amounts of debt and debt service outstandina at anv given time.
Reserve or stabilization accounts: Maintain prudent levels of financial resources to protect against temporary revenue shortfalls or unpredicted expenditures situations.
Operating/capital expenditure accountability: Periodically compare actual expenditures to budget and decide on actions to brina the budaet into balance if necessarv.
Other incorporated cities in Kern County have in-place solid financial policies that align with GFOA recommendations. Many have multi-year budgets. These cities also won excellence awards for budget preparation and execution. 1 •
Several members of the Cal City public have provided substantial amounts of GFOA best practices and financial analyses to the City Council, most have been dismissed by city elected officials and city staff. Cal City budgets have been habitually late, single year only, often with no mid-year budget review, as well as late completion of annual audits. "The GFOA advises that of all areas of government finances, budgeting requires the most guidance and that improving government budgeting is one of the biggest challenges current facing local governments. The GFOA also emphasizes that budgeting should have a long range perspective, and not simply an exercise in balancing revenue and expenditures one year at a time. It is recommended budget practices encourage governments to consider the long term consequences of their actions to ensure that the effects of budget decisions are understood over a multi-year planning horizon and to assess whether program and service levels can be sustained." (State Audit report 2011-131, pp 71 ).
Cal City has been incapable of preparing a multi-year budget. The proposed Measure 8, if passed, will build-in a $500,000 reduction of parcel tax revenue each year. The city has not identified where replacement revenue will come from. Either replacement revenue is needed or a corresponding reduction in expenses. The revenue reduction schedule if Measure B passes in July 2024, justifies the need for multi-year financial planning. "GFOA states that long-term financial planning, which incorporates feedback from all stakeholders - including public and elected officials - helps overcome pitfalls, and through the process of financial forecasting and analysis, can help governments devise strategies to achieve financial stability." (State Audit report 2011-131, pp 71).
An inherent weakness in Cal City budget preparations has been the lack of opportunities for stakeholder involvement, including the public. Budget calendars, the starting point of budget preparation, are not accomplished.
The City's current financial distress is an outcome of weak and non-existent financial policies. Policy is one of the key responsibilities of the City Council.
Measure C (2018-2024) was fully funded, yet the City accrued ($16M) in debt over the same period; there was a dear ·1ack of oversight, by Council, regarding the trajectory of City finances. Financial Health and Oversight are also key responsibilities of the City Council.
The public is NOT to blame for the City's current financial distress; on the contrary, the publiG warned the Council and City Staff many times over, regarding the structural deficits accruing and city failure to take timely a tion to reverse growing debt. 2 COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Latisha Lamberth, Acting City Manager
SUBJECT: Forensic Audit Presentations
BACKGROUND/ DISCUSSION:
As per the council's instructions, staff was asked to bring back information regarding a forensic audit. Staff has brought in two expert presenters who will provide comprehensive information on this important topic.
At the previous council meeting, it was discussed that a forensic audit is necessary to identify any potential financial discrepancies and to ensure the integrity and transparency of our city. In order to facilitate a thorough understanding of this process, we have invited Jacqueline Benyamini, CPA/CFF,CFE Senior Vice President to share her knowledge and expertise with the council and the members of the public.
Jacqueline Benyamini is a highly qualified forensic auditor with over 20 years of experience in the field and has successfully conducted audits for various organizations.
She will provide valuable insight on the importance and benefits of conducting a forensic audit.
She has agreed to allocate her time and resources to assist our city in understanding the nuances of forensic audits. The presentation will cover key topics such as the process of conducting a forensic audit, types of evidence used in the investigation, and how to prevent potential fraudulent activities.
We believe that her presentation will not only enlighten the council and staff members on the technicalities of the forensic audit process but also provide practical tips and strategies to safeguard our organization from any potential fraudulent activities.
FISCAL IMPACT:
Will be determined if approved
RECOMMENDATION:
Council make a determination to move forward with a forensic audit Council reject moving forward with a forensic audit
Council provide different direction.
ATTACHMENTS:
TO:
FROM:
COUNCIL AGENDA ITEM
May 28, 2024
Mayor and City Council
Kenny Cooper, Finance Manager
SUBJECT: Check Register- 5/10/2024- 5/23/2024
1 Item No. CC.'1....
California City Check Register - City Council Meeting Page: 1 Check Issue Dates: 5/10/2024 - 5/23/2024 May 22, 2024 12:43PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ CL Account GL Account Name 05/14/2024 113923 AT&TWireless 04/03-05/02/24 05/02/2024 287306780425 964.32 964.32 184212284 Telephone - Land Total 113923: 964.32
05/14/2024 113924 Home Depot Credit Servi Backflow Testing Materials 03/26/2024 1623498 585.44 585.44 515115270 Bldg Operation/Mai 05/14/2024 113924 Home Depot Credit Servi Wellhouse Repair Supplies 04/02/2024 4536217 391.65 391.65 515115270 Bldg Operation/ Mai 05/14/2024 113924 Home Depot Credit Servi Bolts 04/10/2024 6480060 11.45 11.45 535310270 Bldg Operation/Mai 05/14/2024 113924 Home Depot Credit Servi Struts 04/09/2024 7591867 351.15 351.15 535310270 Bldg Operation/Mai 05/14/2024 113924 Home Depot Credit Servi Nuts 04/08/2024 8901345 118.14 118.14 535310270 Bldg Operation/Mai Total 113924: 1,457.83
05/14/2024 113925 Southern California Edis 03/01-05/07 /24 05/08/2024 600000500366 58,497.97 58,497.97 404566281 Electricity Total 113925: 58,497.97
---
05/14/2024 113926 Charter Communication 05/01-05/31/24 05/01/2024 127516201050 3,987.00 3,987.00 184212286 Communications Ma 05/14/2024 113926 Charter Communication 05/01-05/31/24 05/01/2024 170622401050 1,047.83 1,047.83 184212286 Communications Ma Total 113926: 5,034.83
05/14/2024 113927 Verizon Business 04/10-05/09/24 05/10/2024 67822879 48.38 48.38 184215284 Telephone - Land Total 113927: 48.38
05/14/2024 113928 Verizon Wireless 03/27-04/26/24 04/26/2024 9962688272 2.54- 2.54- 545410284 Telephone - Land 05/14/2024 113928 Verizon Wireless 04/27-05/26/24 04/26/2024 9962688273 283.74 283.74 515115284 Telephone - Land Total 113928: 281.20
05/15/2024 113929 Verizon Wireless 04/27-05/26/24 04/26/2024 9962688271 2,627.28 2,627.28 104155284 Telephone - Land 05/15/2024 113929 Verizon Wireless 03/27-04/26/24 04/26/2024 9962688274 823.23 823.23 194222284 Telephone - Land Total 113929: 3,450.51
05/21/2024 113931 De Lage Landen, Inc Lease Final Payment 05/17/2024 19593524 450.15 450.15 184213242 Office Equip Lease E Total 113931: 450.15
05/21/2024 113932 FedEx WWTP Sample Mailing 04/18/2024 8-4 75-33602 56.97 56.97 525213245 Postage and Sbippin l 05/21/2024 113932 FedEx WWTP Sample Mailing 05/02/2024 8-489-46042 123.02 123.02 525213245 Postage and Shippin \ 05/21/2024 113932 FedEx Priority Mailing 04/18/2024 9-672-58048 8.77 8.77 184212245 Postage and Shippin 05/21/2024 113932 FedEx Priority Mailing 05/02/2024 9-673-40882 2.73 2.73 184212245 Postage and Shippin -~
California City . Check Register - City Council Meeting Page: 2 Check Issue Dates: 5/10/2024 - 5/23/2024 May 22, 2024 12:43PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Acco11nt Name -
Total 113932: 191.49
05/21/2024 113933 Great America Financial Lease Return 05/17/2024 2490679 576.52 576.52 515115242 Office Equip Lease E Total 113933: 576.52
05/21/2024 113934 SoCalGas 04/09-05/10/24 05/15/2024 173 738 1691 1 904.58 904.58 535310282 Gas Total 113934: 904.58
05/21/2024 113935 Wells Fargo Financial Le Lease Final Payment 05/17/2024 5119372 1,437.33 1,437.33 104155242 Office Equip Lease E Total 113935: 1,437.33
---
05/23/2024 113936 AES! Arrow Engineering 04/01-04/30/24 05/09/2024 247051 043024 3,360.00 3,360.00 515115630 Contracts Total 113936: 3,360.00
---
05/23/2024 113937 Affordable Transmission Unit 3012 Transmission 05/03/2024 1406 7,941.31 7,941.31 184212254 Yeh Operation/Main Total 113937: 7,941.31
---
05/23/2024 113938 Amber Chemical, Inc. Hypochlorite Solution 05/02/2024 0381250-IN 1,666.67 1,666.67 515115480 Chemicals/EMS Med 05/23/2024 113938 Amber Chemical, Inc. Salt 05/02/2024 0381357-IN 956.46 956.46 515115480 Chemicals/EMS Med Total 113938: 2,623.13
---
05/23/2024 113939 BAVCO Backflow Parts 05/14/2024 273291 3,961.95 3,961.95 104561408 Grounds Total 113939: 3,961.95
---
05/23/2024 113940 BHT Engineering. Inc 23400 General Engineering 04/30/2024 24-163 2,120.00 2,120.00 104170315 Engineering 05/23/2024 113940 BHT Engineering. Inc 22400,32 SPR 22-44 04/30/2024 24-164 5,725.00 5,725.00 104170315 Engineering 05/23/2024 113940 BHT Engineering, Inc 24400.02 Bellavue Solar CUP 04/30/2024 24-165 14,440.00 14,440.00 104170315 Engineering 05/23/2024 113940 BHT Engineering, Inc 21400.06 TPM 12401 04/30/2024 24-173 1,140.00 1,140.00 104170315 Engineering Total 113940: 23,425.00
---
05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 10087 043024 334.19 334.19 104561408 Grounds 05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 30000 043024 86.78 86.78 104161270 Bldg Operation/Mai 05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 30001 043024 326.82 326.82 515115257 Hand Tools 05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 30002 043024 662.13 662.13 274411450 Special Depart Supp California City Check Register - City Council Meeting Page: 3 Check Issue Dates: 5/10/2024 - 5/23/2024 May 22, 2024 03:26PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Account Name 05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 30005 043024 26.80 26.80 525213270 Bldg Operation/Mai 05/23/2024 113941 Cal City Hardware Group 04/01-04/30/24 04/30/2024 30008 043024 141.92 141.92 535310270 Bldg Operation/Mai Total 113941: 1,578.64
05/23/2024 113942 Cal Valve Inc Rubber Kit 04/08/2024 11830 609.61 609.61 194222270 Bldg Operation/Mai Total 113942: 609.61
05/23/2024 113943 Carter, Tiffany Educode Travel Expenses 05/10/2024 TRAVEL F 0301 427.00 427.00 104168230 Travel/Lodging/Reg Total 113943: 427.00
05/23/2024 113944 De Lage Landen, Inc Copier 5/15/24 - 6/14/24 05/02/2024 82500931 208.07 208.07 184213242 Office Equip Lease E Total 113944: 208.07
05/23/2024 113945 Dennis Automotive Unit 3014 Service 05/03/2024 23129 86.00 86.00 184212254 Veh Operation/Main 05/23/2024 113945 Dennis Automotive Unit 883 Smog 05/07/2024 28715 61.75 61.75 294219254 Veh Operation/Main Total 113945: 147.75
05/23/2024 113946 DigiTech Inc. 12/01/23-02/29/24 12/01/2023 17167 137.97 137.97 164249630 Contracts 05/23/2024 113946 DigiTech Inc. 03/01-05 /31/24 03/01/2024 17614 137.97 137.97 164249630 Contracts 05/23/2024 113946 DigiTech Inc. 03/01-05/31/24 03/01/2024 17694 105,00 105.00 404566630 Contracts Total 113946: 380.94
05/23/2024 113947 Ferguson, Dawn Grant Writing Travel Adv 05/02/2024 TRAVEL A 0612 183.00 183.00 394224230 Travel/Lodging/Reg Total 113947: 183.00
05/23/2024 113948 Fire-Dex GW PPE Cleaning and Repair 02/29/2024 4-1402 63.50 63.50 194222451 Armory /Safety Equi Total 113948: 63.50
05/23/2024 113949 Glock, Inc Gun Parts 04/18/2024 SI-0872563 240.50 240.50 184212451 Armory/Safety Equi Total 113949: 240.50
05/23/2024 113950 H&S Mobile Fire Equipm E19 Annual Pump Test 05/10/2024 9710 270,00 270.00 194222254 Veh Operation/Main 05/23/2024 113950 H&S Mobile Fire Equipm Unit 523 Annual Pump Test 05/10/2024 9711 250.00 250.00 194222254 Veh Operation/Main California City Check Register - City Council Meeting Page: 4 Check Issue Dates: 5/10/2024 • 5/23/2024 May 22, 2024 12:43PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Account Name ---
Total 113950: 520.00
05/23/2024 113951 Karls Hardware & Rental Trash Cans 03/23/2024 C396511 36.79 36.79 104561408 Grounds 05/23/2024 113951 Karls Hardware & Rental Backflow Testing Materials 03/27/2024 C396541 206.40 206.40 515115256 Equipment Operatio Total 113951: 243.19
05/23/2024 113952 Merchant's Priming & E OHV Permit App 2025 05/01/2024 24-24132 1,575.04 1,575.04 294219241 Office Supplies 05/23/2024 113952 Merchant's Printing & E OHV Pass 2025 05/01/2024 24-24133 378.88 378.88 294219241 Office Supplies Total 113952: 1,953.92
- - -
05/23/2024 113953 Mojave Public Utility Dis 04/01-04/30/24 04/30/2024 006090-000 04 3,124.49 3,124.49 515115604 Purchase Water Total 113953: 3,124.49
---
05/23/2024 113954 ODP Business Solutions Office Supplies 04/18/2024 364139176001 362.71 362.71 184212241 Office Supplies Total 113954: 362.71
05/23/2024 113955 One Hundred Designs OHVSigns 05/08/2024 3884 666.82 666.82 164249450 Special Depart Supp Total 113955: 666.82
05/23/2024 113956 Pace Analytical Services Lab Sampling 05/02/2024 B496459 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/09/2024 B496825 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 04/29/2024 B496911 275.00 275,00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/08/2024 B496976 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/08/2024 B497145 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/08/2024 B497217 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/08/2024 B497218 275.00 275.00 525213314 Lab Sampling 05/23/2024 113956 Pace Analytical Services Lab Sampling 05/09/2024 B497341 275.00 275.00 525213314 Lab Sampling Total 113956: 2,200.00
---
05/23/2024 113957 S.C. Friends Tire Inc. Unit 328 2 Tires Installed 05/03/2024 47589 138.00 138.00 184212254 Veh Operation/Main 05/23/2024 113957 S.C. Friends Tire Inc. Unit 131 Alignment 05/14/2024 47648 85.00 85.00 104441254 Veh Operation/Main Total 113957: 223.00
05/23/2024 113958 Spark\etts 04/03-05/02/24 05/01/2024 20056699 0501 57.87 57.87 294219241 Office Supplies 05/23/2024 113958 Sparkletts 04/30-05/29/24 05/10/2024 20393128 0510 123.10 123.10 104155241 Office Supplies California City Check Register - City Council Meeting Page: 5 Check Issue Dates: 5/10/2024- 5/23/2024 May 22, 2024 12:43PM Check Date Check# Payee Description Invoice Date Invoice # Invoice$ Check$ GL Account GL Account Name --
05/23/2024 113958 Sparkletts 05/10-06/09/24 05/10/2024 4687417 05102 35.80 35.80 525213241 Office Supplies Total 113958: 216.77
05/23/2024 113959 Tracey, Tyler Initial Uniform Allowance 05/08/2024 INITIAL UNIFOR 750.00 750.00 184212140 Uniforms Total 113959: 750.00
05/23/2024 113960 Trans Union Risk & Alter 04/01-04/30/24 05/01/2024 213800-202404 75.00 75.00 194216630 Other Contracts Total 113960: 75.00
05/23/2024 113961 United Rentals Equipment Rental 04/05/2024 231379208-001 3,378.86 3,378.86 515115240 Equipment Rental Total 113961: 3,378.86
---
05/23/2024 113962 USA Bluebook Hypochlorite Test Kit 05/14/2024 INV00365995 217.12 217.12 515115450 Special Depart Supp Total 113962: 217.12
05/23/2024 113963 Vestis Pants Weekly Service 04/30/.2024 2601613662 115.78 115.78 294219451 .Armory /Safety Equi 05/23/2024 113963 Vestis Pants Weekly Service 05/07/2024 2601615705 138.60 138.60 294219451 Armory/S,1fety Equi w 05/23/2024 113963 Vestis Pants Weekly Service 05/14/2024 2601617770 115.78 115.78 294219451 Armory/Safety Equi :, Total 113963: 370.16
rn 05/23/2024 113964 Zako Laboratories Inc Water Testing 05/15/2024 2405179 140.00 140.00 515115314 Lab Sampling Total 113964: 140.00
-t:/15/,024 202400369 Afrea,riog Inc 05/01-05/31/24 05/01/2024 184117110 3,521.46 3,521.46 104155740 Purchase ofEquipm /15/2024 202400369 Airespring Inc 05/01-05/31/24 05/01/2024 184117116 76.66 76.66 104155740 Purchase of Equipm Total 202400369: 3,598.12
05/23/2024 202400371 Alexander's Contract Ser Meter Reads 05/01-05/07 /24 05/01/2024 202405010081 6,792.25 6,792.25 515115630 Contracts Total 202400371: 6,792.25
- --
05/23/2024 202400372 Diamond Finish Mobile Mobile Car Wash 11 Units 05/02/ 2024 000142 165.00 165.00 184212254 Veh Operation/Main Total 202400372: 165.00
California City Check Register - City Council Meeting Page: 6 Check Issue Dates: 5/10/2024- 5/23/2024 May 22, 2024 12:43PM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Account Name 05/23/2024 202400373 DiamondlT 05/01-05/31/24 05/01/2024 35784MS 3,464.00 3,464.00 104155630 Contracts 05/23/2024 202400373 Diamond IT Airespring Install 04/30/2024 35866 1,141.89 1,141.89 104155740 Purchase of Equipm Total 202400373: 4,605.89
05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/09/2024 S100126442.00 765.33 765.33 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126677.00 519.60 519.60 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126682.00 727.44 727.44 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126889.00 1,688.70 1,688.70 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126890.00 1,619.10 1,619.10 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126897.00 1,790.67 1,790.67 515115269 Inventory 05/23/2024 202400374 Famcon Pipe & Supply In Inventory 05/02/2024 S100126966.00 448.16 448.16 515115269 Inventory Total 202400374: 7,559.00
---
05/23/2024 202400375 General Office Machine C 04/01-04/25/24 04/25/2024 22909 56.77 56.77 184213242 Office Equip Lease E Total 202400375: 56.77
05/23/2024 202400376 GES MegaSeven LLC 04/01-04/30/24 05/06/2024 CA-01-00lA-20 50,314.39 50,314.39 717111281 Electricity Total 202400376: 50,314.39
--
05/23/2024 202400377 JMAC dba Petroleum Tan 01/01-04/30/24 05/08/2024 2081 600.00 600.00 535310252 Fuel Island Testing Total 202400377: 600.00
05/23/2024 202400378 NAPA Auto Parts Unit 3007 Capsule 04/04/2024 744341 16.08 16.08 184212254 Veh Operation/Main 05/23/2024 202400378 NAPA Auto Parts Unit 898 Connectors & Tubing 04/08/2024 744421 85.75 85.75 404566256 Equipment Operatio 05/23/2024 202400378 NAPA Auto Parts Unit 322 Heater Hose Assy 04/10/2024 744511 45.47 45.47 184212254 Veh Operation/Main 05/23/2024 202400378 NAPA Auto Parts Generator Battery Replacement 04/11/2024 744535 526.81 526.81 525213256 Equipment Operatio 05/23/2024 202400378 NAPA Auto Parts Unit 322 Antifreeze 04/12/2024 744573 23.05 23.05 184212254 Veh Operation/Main 05/23/2024 202400378 NAPA Auto Parts Unit 619 Hose & Fittings 04/23/2024 744863 78.52 78.52 404566256 Equipment Operatio 05/23/2024 202400378 NAPA Auto Parts Mower Gasket Maker & Scraper Se 04/29/2024 744971 49.85 49.85 404566256 Equipment Operatio Total 202400378: 825.53
05/23/2024 202400379 RSI Petroleum Fleet Oil 05/03/2024 0400392 391.07 391.07 515115255 RSI Fuel 05/23/2024 202400379 RSI Petroleum Fuel 05/14/2024 0400757 2,852.09 2,852.09 194222255 RSI Fuel 05/23/2024 202400379 RSI Petroleum 03/16-03/31/24 03/31/2024 1084625 49.02 49.02 104168255 RSI Fuel 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 03/31/2024 1084636 338.34 338.34 104561255 RSI Fuel 05/23/2024 202400379 RSI Petroleum 04/01-04/15/24 04/15/2024 1084730 401.59 401.59 104561255 RSI Fuel 05/23/2024 202400379 RSI Petroleum 04/01-04/15/24 04/15/2024 1084742 48.50 48.50 104168255 RSI Fuel California City Check Register - City Council Meeting
Check Issue Dates: 5/10/2024 - 5/23/2024
Check Date Check# Payee Description Invoice Date Invoice# 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084771 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084772 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084773 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084784 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084785 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084799 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084806 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084811 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084819 05/23/2024 202400379 RSI Petroleum 04/16-04/30/24 04/30/2024 1084828 Total 202400379:
05/23/2024 202400380 LightGabler 04/01-04/30/24 05/08/2024 81289 05/23/2024 202400380 LightGabler 04/01-04/30/24 05/08/2024 81290 Total 202400380:
Grand Totals:
I HEREBY CERTIFY AS TO THE ACCURACY OF THE DEMANDS AND AVAILABILITY OF FUNDS:
Dated: -- -
Finance Department /;Tce.e"':· ~~- -··
Report Criteria:
Report type: Invoice detail
Vendor.Vendor Number={<>} 1039
Bank.Bank Number= 1
Page: 7
May 22, 2024 12:43PM
Invoice$ Check$ GLAccount GL Account Name
3,819.71 3,819.71 515115255 RSI Fuel
1,353.28 1,353.28 274411255 RSI Fuel
1,342.21 1,342.21 545410255 RSI Fuel 1,359.20 1,359.20 164249255 RSI Fuel 800.69 800.69 525213255 RSI Fuel
486.69 486.69 274413255 RSI Fuel
227.73 227.73 404566255 RSI Fuel
389.67 389.67 194216255 RSI Fuel
259.64 259.64 104161255 RSI Fuel
58.63 58.63 104168255 RSI Fuel
14,178.06
---
6,251.00 6,251.00 104155311 Legal Services
1,325.00 1,325.00 515115311 Legal Services
7,576.00
---
229,158.56
California City Check Register • US Bank Corporate Credit Card Page: 1 Check Issue Dates: 5/10/2024 • 5/23/2024 May 22, 2024 08:56AM GI. Check Check Description Invoice Invoice Check GI.Account GI. Account Name Period Issue Date Number Payee Number Amount Amount
--
05/24 05/15/2024 113930 US Bank Corporate Payment Postage ADMIN 8853 04252 10.16 10.16 10-4155-245 Postage and Shipping 05/24 05/15/2024 113930 US Bank Corporate Payment Zoom Account 03/28/24-0 ADMIN 8853 04252 149.90 149.90 10-4155-210 Subscr /Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies ADMIN 8853 04252 53.60 53.60 10-4155-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Postage ADMIN 8853 04252 5.08 5.08 10-4155-245 Postage and Shipping 05/24 05/15/2024 113930 US Bank Corporate Payment Postage ADMIN 8853 04252 5.08 5.08 10-4155-245 Postage and Shipping 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies ADMJN 8853 04252 42.88 42.88 10-4155-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Business Card and Signs ADMIN 8853 04252 398.00 398.00 10-4145-130 Recruiting 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies ADMIN 8853 04252 19.84 19.84 10-4155-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies ADMIN 8853 04252 144.08 144.08 10-4155-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Postage ADMIN 8853 04252 15.24 15.24 10-4155-245 Postage and Shipping 05/24 05/15/2024 113930 US Bank Corporate Payment Postage ADMIN 8853 04252 10.64 10.64 10-4155-245 Postage and Shipping Total AD MIN 8853 042524: 854.50
05/24 05/15/2024 113930 US Bank Corporate Payment Zoom 04/18-5/17 /24 FIN 6456 042524 100.00 100.00 10-4155-210 Subscr/Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment Zoom 04/19-05/18/24 FIN 6456 042524 100.00 100.00 10-4155-210 Subscr/Books/Dues Total FIN 6456 042524: 200.00
05/24 05/15/2024 113930 US Bank Corporate Payment Adobe Subscription FIRE 0753 042524 19.99 19.99 19-4222-210 Subscr/Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment USB4 Port FIRE 0753 042524 7.50 7.50 19-4222-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Flash Drive FIRE 0753 042524 30.00 30.00 19-4222-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment File Folders FIRE 0753 042524 45.02 45.02 19-4222-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Microsoft Subscription FIRE 0753 042524 12.50 12.50 19-4222-210 Subscr/Books/Dues Total FIRE 0753 042524: 115.01
05/24 05/15/2024 113930 US Bank Corporate Payment Credit on Dishwasher Parts FIRE 0779 042524 -95.40 -95.40 19-4222-270 Bldg Operation/Malnt 05/24 05/15/2024 113930 US Bank Corporate Payment Comet Cleaner FIRE 0779 042524 14.90 14.90 19-4222-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Ccrporate Payment SLS Annual Dues 2/06/24· FIRE 0779 042524 483.25 483.25 19-4222-210 Subscr/Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment Chief Helmet Shield FIRE 0779 042524 79.90 79.90 19-4222-451 Armory /Safety Equip & Su Total FIRE 0779 042524: 482.65
05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies OHV 2335 042524 91.04 91.04 29-4219-24 l Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies OHV 2335 042524 52.27 52.27 29-4219-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies OHV 2335 042524 43.90 43.90 29-4219-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies OHV 2335 042524 34.97 34.97 29-4219-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Work Boots OHV 2335 042524 -182.27 -182.27 16-4249-451 Armory /Safety Equip & Su 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies OHV 2335 042524 258.04 258.04 10-4155-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment OHV Unit# 892 Repairs OHV 2335 042524 754.48 754.48 16-4250-254 Veh Operation/Maint California City Check Register - US Bank Corporate Credit Card Page: 2 Check Issue Dates: 5/10/2024 - 5/23/2024 May 22, 2024 08:56AM GL Check Check Description Invoice Invoice Check GLAccount GL Account Name Period Issue Date Number Payee Number Amount Amount
Total OHV 2335 042524: 1,052.43
---
05/24 05/15/2024 113930 US Bank Corporate Payment Cleaners . PARK 5259 042524 15.28 15.28 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Cleaners PARK 5259 042524 80.78 80.78 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Cleaners PARK 5259 042524 25.72 25.72 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Costco Sub 04/02/24-05/0 PARK 5259 042524 120.00 120.00 10-4561-210 Subscr/Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment Cleaners PARK 5259 042524 22.46 22.46 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Office Supplies PARK 5259 042524 30.02 30.02 10-4561-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Tortoise Day PARK 5259 042524 86.70 86.70 10-4561-235 Entertainment/Special Eve 05/24 05/15/2024 113930 US Bank Corporate Payment Tortoise Day PARK 5259 042524 108.42 108.42 10-4561-235 Entertainment/Special Eve 05/24 05/15/2024 113930 US Bank Corporate Payment Janitorial PARK 5259 042524 401.78 401.78 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Snake Protector PARK 5259 042524 85.76 85.76 10-4561-451 Armory /Safety Equip & Su 05/24 05/15/2024 113930 US Bank Corporate Payment Chain Saw PARK 5259 042524 722.27 722.27 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Ridgecrest Hospital Meetin PARK 5259 042524 11.35 11.35 10-4561-235 Entertainment/Special Eve 05/24 05/15/2024 113930 US Bank Corporate Payment Ridgecrest Hospital Meetin PARK 5259 042524 17.60 17.60 10-4561-235 Entertainment/Special Eve 05/24 05/15/2024 113930 US Bank Corporate Payment Safety Equip PARK 5259 042524 175.92 175.92 10-4561-451 Armory /Safety Equip & Su 05/24 05/15/2024 113930 US Bank Corporate Payment Safety Equip PARK 5259 042524 64.21 64.21 10-4561-451 Armory /Safety Equip & Su 05/24 05/15/2024 113930 US Bank Corporate Payment Sprayers PARK 5259 042524 98.64 98.64 10-4561-408 Grounds 05/24 05/15/2024 113930 US Bank Corporate Payment Adobe Sub 04/15-05/14/2 PARK 5259 042524 19.99 19.99 10-4561-210 Subscr/Books/Dues 05/24 05/15/2024 113930 US Bank Corporate Payment Snake Protector PARK 5259 042524 19.99 19.99 10-4561-451 Armory/Safety Equip & Su 05/24 05/15/2024 113930 US Bank Corporate Payment Gopher PARK 5259 042524 572.18 572.18 10-4561-408 Grounds 05/24 05/15/2024 113930 US Bank Corporate Payment Drink Fountain Repair PARK 5259 042524 129.96 129.96 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Cleaners PARK 5259 042524 90.03 90.03 10-4561-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Sprayers PARK 5259 042524 236.76 236.76 10-4561-408 Grounds 05/24 05/15/2024 113930 US Bank Corporate Payment Screen Protector PARK 5259 042524 8.57 8.57 10-4561-241 Office Supplies 05/24 05/15/2024 113930 US Bank Corporate Payment Sprinkler Tool PARK 5259 042524 17.84 17.84 10-4561-408 Grounds Total PARK 5259 042524: 3,162.23
---
05/24 05/15/2024 113930 US Bank Corporate Payment Batteries and Bulbs PD 4525 042524 115.37 115.37 1B-4212-270 Bldg Operatioil/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Lysol Wipes PD 4525 042524 90.40 90.40 18-4212-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment RtndBulbs PD 4525 042524 -82.57 -82.57 18-4212-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Smith Lodging PD 4525 042524 1,084.85 1,084.85 18-4217-230 Travel/Lodging/Reg 05/:14 05/15/2024 113930 US Bank Corporate Payment Smith Parking PD 4525 042524 60.00 60.00 18-4217-230 Travel/Lodging/Reg Total PD 4525 042524: 1,268.05
---
05/24 05/15/2024 113930 US Bank Corporate Payment Adapters for Field Test Kits PW 7103 042524 630.71 630.71 51-5115-256 Equipment Operation/Mai 05/24 05/15/2024 113930 US Bank Corporate Payment Calibrate Bacllow PW 7103 042524 95.00 95,00 51-5115-256 Equipment Operation/Mai 05/24 05/15/2024 113930 US Bank Corporate Payment OHV Backllow PW 7103 042524 100.59 100.59 16-4249-270 Bldg Operation/Maint 05/24 05/15/2024 113930 US Bank Corporate Payment Arno's !cloud Subscription PW 7103 042524 2.99 2.99 51-5115-210 Subscr /Books/Dues California City Check Register - US Bank Corporate Credit Card Check Issue Dates: 5/10/2024- 5/23/2024
GL Check Check Description Invoice
Period Issue Date Number Payee Number
05/24 05/15/2024 113930 US Bank Corporate Payment PD Backflow- Parts PW 7103 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Dept. of Trans reversal PW 7103 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Icloud Subscription PW 7103 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Windsock PW 7103 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Brine Pump PW 7103 042524 Total PW 7103 042524:
05/24 05/15/2024 113930 US Bank Corporate Payment Concessions TDS 1859 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Irrigation Parts TDS 1859 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Irrigation Parts TDS 1859 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Concessions TDS 1859 042524 05/24 05/15/2024 113930 US Bank Corporate Payment Parts for mower TDS 1859 042524 Total TDS 1859 042524:
Total 113930:
Grand Totals:
I HEREBY CERTIFY AS TO THE ACCURACY OF THE DEMANDS AND AVAILABILITY OF FUNDS:
Dated: "-./ / CID'-£,P) I/
Finance Department ,,?/ ~.,-,. 6 »
Report Criteria:
Report type: GL detail
Vendor.Name= "US Bank Corporate Payment"
Bank.Bank Number= 1
Check.Voided= No
Page: 3
May 22, 2024 08:56AM
Invoice Check GLAccount GL Account Name
Amount Amount
-
626.64 626.64 19-4222-270 Bldg Operation/Maint
-125.00 -125.00 54-5410-310 Professional Services
.99 .99 51-5115-210 Subscr/Books/Dues
186.13 186.13 53-5310-270 Bldg Operation/Maint
3,072.45 3,072.45 51-5115-256 Equipment Operation/Mai
4,590.50
139.06 139.06 40-4566-440 Special Purchases/Concessi
58.75 58.75 40-4566-408 Grounds
51.66 51.66 40-4566-408 Grounds
123.18 123.18 40-4566-440 Special Purchases/Concessi
421.41 421.41 40-4566-256 Equipment Operation/Mai
794.06
12,519.43
- -
12,519.43
City of California City
Report Criteria:
Check.Check issue date= 05/10/2024-05/23/2024
Check Date Check # Payee
05/23/2024 501203 Joshua Finley
Total 501203:
05/23/2024 501204 Julio Monterrosa
Total 501204:
05/23/2024 501205 Kaiwi & Marie Heiderscheit
Total 501205:
Grand Totals:
Demand Register - City Council Meeting
Description Source ID Amount Check$ GLAccount
---
Final Bill Deposit Refunded 104304.10 13.00 13.00 5102090
13.00 =
Final Bill Deposit Refunded 100194.04 41.00 41 .00 5102090
41.00 Final Bill Deposit Refunded 105819.04 24.00 24.00 5102090
24.00 =
78.00 ,;,M~A"~"'' ~ as ""' ,{c-07f!F
Page: 1
May 21 , 2024 11 :OOAM
California City Check Register - Housing with GL Page: 1 Check Issue Dates: 5/10/2024 - 5/23/2024 May 22, 2024 08:59AM Check Date Check# Payee Description Invoice Date Invoice# Invoice$ Check$ GLAccount GL Account Name --
•
05/14/2024 9413 Verizon Wireless 03/27-04/26/24 04/26/2024 9962688275 100.93 100.93 744632286 Communications Maint Total 9413: 100.93
! 05/15/2024 9414 US Bank Corporate Paym Doorbell transmitter #93 04/25/2024 DJ 2953 04252 1,193.12 1,193.12 744632270 Bldg Operation/Maint Total 9414: 1,193.12 t 05/21/2024 9415 ·charter Communication 05/01-05/31/24 05/01/2024 000502205012 5,841.67 5,841.67 744632286 Communications Maint I
05/21/2024 9415 Charter Communication 05/09-06/30/24 05/09/2024 010861005092 39,99 39.99 744632284 Telephone - Land 05/21/2024 9415 Charter Communication 05/07-06/06/24 05/07/2024 108669050724 169.97 169.97 744632284 Telephone - Land Total 9415: 6,051.63
05/21/2024 9416 SoCalGas 04/10-05/09/24 05/13/2024 023 813 9668 4 7.89 7.89 744632282 Gas l 05/21/2024 9416 SoCalGas 04/10-05/09/24 05/13/2024 034 313 9600 5 104.26 104.26 744632282 Gas l 05/21/2024 9416 SoCalGas 04/19-05 /09 /24 05/13/2024 049 16139118 7.23 7.23 744632282 I Gas 05/21/2024 9416 SoCalGas 04/29-05/09/24 05/13/2024 063 788 60941 2.94 2.94 744632282 Gas 05/21/2024 9416 SoCalGas 04/10-05/09/24 05/13/2024 185 681 6696 3 27.45 27.45 744632282 Gas i
' Total 9416: 149.77 \
\ 05/21/2024 9417 Southern California Edis 04/02-04/30/24 05/01/2024 700074866260 377.94 377.94 744632281 Electricity - Total 9417: 377.94
05/23/2024 9418 City Of Cal City-General 04/01-04/30/24 05/07/2024 1472 41.00 41.00 744632460 Dial-A-Ride Transportati Total 9418: 41.00
05/23/2024 9419 Ernest P Garcia Deep Clean Carpet #85 05/09/2024 562602 250.00 250.00 744632730 lmprove~ents Total 9419: 250.00
05/23/2024 9420 Gaines, Victoria E Cleaning #34 & #54 05/17/2024 050624 500.00 500.00 744632730 Improvements Total 9420: 500.00
05/23/2024 9421 Lancaster Flooring, Inc Rehab Flooring Unit 58-81 05/07/2024 105802 2,630.00 2,630.00 744632730 Improvements 05/23/2024 9421 Lancaster Flooring, Inc Rehab Flooring Unit 58-81 05/06/2024 105803 2,234.00 2,234.00 744632730 Improvements Total 9421: 4,864.00
California City
Check Date Check# Payee
05/23/2024 148000223 DiamondlT
Total 148000223:
Grand Totals:
Description
05/01-05/31/24
Check Register - Housing with GL
Check Issue Dates: 5/10/2024 - 5/23/2024
Invoice Date Invoice#
05/01/2024 35784MS
I HEREBY CERTIFY AS TO THE ACCURACY OF THE DEMANDS AND AVAILABILITY OF FUNDS:
Dated: - ..., ""'
Finance Department ,,y < "'~,;...,----
Report Criteria:
Report type: Invoice detail
Bank.Bank Number= 148
Invoice$
36.00 Check$ GLAccount
Page: 2
May 22, 2024 08:59AM
GL Account Name
36.00 744632630 Contracts
36.00 13,564.39
MINUTES
CITY OF CALIFORNIA CITY
Kelly Kulikoff - Mayor
Ronald Smith- Mayor Pro Tem
Jim Creighton - Councilmember
Michael Kulikoff - Councilmember
LaShe/le Cooper- Councilmember
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY MAY 14, 2024
REGULAR MEETING @5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title II).
4:00 PM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 4:01 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith & Mayor Kulikoff
APPROVAL OF AGENDA
Mayor Pro T em Smith moved to approve agenda. Motion seconded by Council member Cooper.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
None
None
1 MOTION CARRIES: 5-0
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
There were none. The City Council recessed to closed session at 4:05 p.m.
CLOSED SESSION
CS1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (2) of Subdivision (d) Number of Cases: One Case
CS2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, (d) (1)
Number of Cases: One Case
Melissa Gomez; Raymond Gomez; Raymond Angel Escamilla; Anika Kay Rose Escamilla; Gracelyn May Escamilla; and Sebastian Quinton Milagro Escamilla Case No.: BCV-21-100050, Kern County Superior Court
REPORT OUT OF CLOSED SESSION
The City Council reconvened from closed session at 4:25 p.m. City Attorney Ponto reported the City Council entertained two items for closed session and there were no reportable actions only direction provided to staff.
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 5:03 p.m.
PLEDGE OF ALLEGIANCE/INVOCATION Pledge was led by audience with Pastor, Mark Goodell offering the invocation.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, Mayor Kulikoff
DEPARTMENTAL REPORTS
a. Parks & Recreation - Commission Quarterly Report & Departmental Report b. OHV
c. Cannabis
d. Housing
e. Planning
f. Fire
Departmental Reports were presented, received, and filed. Public comments on departmental reports were offered by Al Hudson, Shawn Bradley, DJ Twohig and Ms. Welling. 2 CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. None
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PRESENT A TIO NS
None
PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
Public comments from the floor were offered by Jeannie O'Laughin, Anasa Evans, Al Hudson, Shawn Bradley, Christie Munch, DJ Twohig, Tammy Johnson, Wade Johnson, Carol Lee Weaver, J. M. Powers, Jessica and unknown speaker.
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.
All items on the consent calendar are considered routine, and non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC1. Approve City Check Register dated 4/19/2024 through 5/9/2024 CC2. Execution of Program Supplement Agreement No. F024 to Master Agreement No. 09-5399F15 for the Roadway Rehabilitation of Redwood Blvd., from 560-ft east of Hacienda Bvld., to 98th Street-CML-5399 (029) of the Federally Funded Congestion Mitigation and Air Quality (CMAQ) Project Funding. Staff recommends the City Council adopts Resolution No. 24-3029, Approving Program Supplement Agreement No. F024 to Administering Agency-State Agreement for Federal Aid Projects No. 09-5399F15, for Roadway Rehabilitation of Redwood Blvd., from 560- ft East of Hacienda Blvd., to 98th Street - CML - 5399 (029) and Authorizing the Acting City Manager and/or Public Works Director to Sign and Execute the Agreement.
CC3. Employment Agreement for Acting City Manager Position CC4. Water Billing Late Charges & Penalties Reinstatement Public comment on consent calendar items were offered by Jeannie O'Laughing, Al Hudson, Tammy Johnson, DJ Twohig, Shawn Bradley, David Toledo, Mary Waddy, Socorro Chavez, Mark Hawkins, and Salena Coleman. 3 Mayor Kulikoff moved to approve consent calendar. Motion seconded by Mayor Pro Tern Smith.
AYES:
NOES:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
CITY MANAGER REPORT
Oral Report
Public comment on the City Manager report was offered by Al Hudson who recommended a zero-based budgeting methodology.
City Council recessed at 7:09 p.m.
City Council reconvened at 7:20 p.m.
PUBLIC HEARING
PH1. ASPEN MALL LIGHTING AND LANDSCAPE DISTRICT PUBLIC HEARING a. Open Public Hearing
b. Staff Re.port by Kenny Cooper, Finance Manager
c. Public Comment
d. Close Public Hearing
e. Discussion
f. Recommended Action: Staff recommends that the City Council; 1) Conduct a public hearing to receive public input on the issue; 2) Approve and adopt Resolution No. 24-3027, Amending and/or Approving the Engineer's Report for the Aspen Mall Landscaping and Lighting District for Fiscal Year 2024/2025; and Resolution No. 24-3028, Ordering the Levy and Collection of Assessments for the Aspen Mall Landscaping and Lighting District for Fiscal Year 2024/2025.
Mayor Kulikoff and Councilmember Kulikoff recused themselves and left the dais at 7:22 p.m. They returned to the dais at 7:28 p.m.
Finance Manager, Cooper presented the staff report and answered council's questions.
Public comment was offered by DJ Twohig relative to the growth of assessments.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Cooper. 4 AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Creighton, & Mayor Pro Tern Smith None
Councilmember Kulikoff and Mayor Kulikoff
None
MOTION CARRIES: 3-2
CONTINUED BUSINESS
CB1 . Options for Airport Operations Management.
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends the City Council approves either Tech 45 or Dr.
Eugene Rajaratnam.
Acting City Manager Lamberth, presented the staff report and introduced representatives from the two companies, Tech45 and Dr. Eugene Rajaratnam who discussed the merits of each proposal and answered council's questions.
Public comment was offered by Al Hudson, John Fisher, Martin Ire, Jeannie Olaughlin, Mark Hawkins, Dwayne Vasquez, Shawn Bradley, and Marc.
Councilmember Creighton moved to provide direction to staff asking the Acting City Manager to meet with representatives of the two companies to go over the financials. Item is to come back at the next council meeting.
Motion seconded by Councilmember Cooper.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
None
None
MOTION CARRIES: 5-0
CB2. EVEN Recharge 5-year Maintenance Contract.
Staff Report: Jose Barragan, Public Works Director
Recommended Action: Staff recommends the City Council approves the EVEN Recharge 5- year maintenance contract.
Mayor Kulikoff and Councilmember Kulikoff recused themselves and left the dais at 8:15 p.m. They returned to the dais at 8:18 p.m.
Public Works Director, Barragan presented the staff report and answered council's questions.
Public comment was offered by Al Hudson and DJ Twohig.
5 Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Cooper.
AYES:
NOES:
Councilmembers Cooper, Creighton, & Mayor Pro Tern Smith None
ABSTAIN: Councilmember Kulikoff and Mayor Kulikoff
ABSENT: None
MOTION CARRIES: 3-2
NEW BUSINESS
NB1. Accept the bid as submitted by Zenitram, Inc. dba ANM Construction & Engineering, for the Balsitis Park Playground and Basketball Court Project, Funded by CDBG, CD#13.21.1 and CD#13.23.1, in the amount of $328,463; and authorize the Acting City Manager to execute the construction agreement.
Staff Report: Theresa Oaks, Recreation Supervisor
Recommended Action: Staff recommends the City Council 1) accept the bid as submitted by Zenitram, Inc, dba ANM Construction & Engineering; 2) Authorize the Acting City Manager to execute the construction agreement; and 3) approve the amount of $32,846.30 Ten percent ( 10%), for construction contingencies crucial to successful completion of the project.
Public Works Director, Barragan presented the staff report and answered council's questions.
There were no comments.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
None
None
MOTION CARRIES: 5-0
NB2. SB 1000 - Proposed Agreement with PlaceWorks, Inc.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends the City Council approve the engaging of services from "Place Works" to complete the environmental justice (SB 1000) portion of the General Plan for its upcoming Housing Element update.
Public Works Director, Barragan presented the staff report and answered council's questions.
Public comments were offered by Mary Waddy and Al Hudson.
Mayor Kulikoff moved to approve as presented. Motion seconded by Councilmember Kulikoff. 6 AYES:
NOES:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
NB3. Purchase 4" Poles, LEDs and Housing for Relocating Red Flashing Lights at CCB and Neuralia.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends the City Council approve the purchase of materials to relocate the red flashing lights on CCB and Neuralia.
Mayor Kulikoff and Councilmember Kulikoff recused themselves and left the dais at 8:32 p.m. They returned to the dais at 8:37 p.m.
Public Works Director, Barragan presented the staff report and answered council's questions.
Public comment was offered by Mary Waddy.
Councilmember Cooper moved to approve as presented. Motion seconded by Councilmember Creighton.
AYES:
NOES:
Councilmembers Cooper, Creighton, & Mayor Pro Tern Smith None
ABSTAIN: Councilmember Kulikoff and Mayor Kulikoff
ABSENT: None
MOTION CARRIES: 3-2
NB4. Accept the bid as submitted by J.L Plank, Inc, dba Cen-Cal Construction, for the TDA Article 3 - Hacienda Boulevard Pedestrian Improvements Project from So. Loop Blvd., to Manzanita Avenue in the amount of $204,452.00; and authorize the Acting City Manager to execute the construction agreement.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends the City Council 1) accept the lowest responsible bid; 2) award the project and to execute a construction agreement with J. L Plank, Inc. dba CenCal Construction in the amount of $204,452 for the TOA Article 3- Pedestrian Safety Improvements; 3) authorize the Acting City Manager to execute the construction agreement; and 4) approve the amount of $20,445.00 Ten percent (10%), for construction contingencies crucial to successful completion of the project.
Public Works Director, Barragan presented the staff report and answered council's questions.
Public comment was offered by Mary Waddy and Al Hudson
Councilmember Creighton moved to approve as presented. Motion seconded by Mayor Kulikoff. 7 AYES:
NOES:
Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
NBS. Odor Mitigation Compliance Extension
Staff Report: Mayor, Kelly Kulikoff
Recommended Action: Approval of a 90-day extension for odor mitigation compliance to the start and finish time of the 90-day compliance extension.
Mayor Kulikoff presented the staff report articulating the need for the extension. A substantial discussion ensued relative to the extension, compliance issues, and process to bring companies into compliance while maintaining a business-friendly stance.
Public comment was offered by Mary Waddy, Al Hudson, Tammy Johnson, and Mark Hawkins Mayor Kulikoff moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES:
NOES:
Councilmembers Cooper, Kulikoff, Mayor Pro Tern Smith, & Mayor Kulikoff Councilmember Creighton
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 4-1
NBS. Discussion Regarding Measure B Next Steps (Oral Report) Staff Report: Mayor, Kelly Kulikoff
Recommended Action: Take appropriate Action as deemed necessary.
Item tabled to the next meeting.
NB7. Reallocation of ARPA Funds
Staff Report: Councilmember LaShelle Cooper
Recommended Action: As per City Council direction
Public comment was offered by Dwayne Vasquez, Unknow speaker, Mary Waddy, MON (Zoom), Tammy Johnson.
Item tabled to the next meeting.
8 COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
Councilmember Creighton - Inquired about the update on the City Manager search; Granicus E-comments; Cannabis Ordinance rewrite; delivery only permits.
Councilmember Copper - None
Councilmember Kulikoff - None
Mayor Pro T em Smith - Inquired if the contracts/professional services agreements provided to Councilmember Creighton could be shared with the rest of the council; requested outsourcing attorney/legal services; asked for the update on the forensic audit; requested that a recognition be placed on the next council agenda commending three young women who saved a life recently.
Mayor Kulikoff-Addressed the comments made by Mr. Hawkins relative to the salary for the Human Resources Director in McFarland; requested that the deadline for accepting planning commission applications be extended to May 21 with a council appointment on May 28; inquired about S89.
ADJOURNMENT
Councilmember Creighton moved to adjourn the meeting. Motion seconded by Councilmember Cooper. Motion carried 5-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 9:37 p.m. 9 DARYLA.BETANCUR, MMC
City Clerk
MINUTES
CITY OF CALIFORNIA CITY
C. c.. .::t.
Kelly Kulikoff - Mayor
Ronald Smith - Mayor Pro Tern
Jim Creighton - Councilmember
Michael Kulikoff - Councilmember
La She/le Cooper - Councilmember
CITY COUNCIU HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING
TUESDAY, MAY 7, 2024
SPECIAL MEETING@ 4:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
4:30 PM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 4:31 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith (via zoom) & Mayor Kulikoff 1 APPROVAL OF AGENDA
Councilmember Cooper moved to approve agenda. Motion seconded by Councilmember Kulikoff.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Creighton, Kulikoff, and Mayor Kulikoff Councilmember Creighton & Mayor Pro Tern Smith
None
None
MOTION CARRIES: 3-2
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
Public comments on closed session items were offered by Al Hudson, D.J. Twohig, and Jeannie O'Laughin.
CLOSED SESSION
CS1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE
PURSUANT TO GOVERNMENT CODE SECTION 54957 (8) (1)
CS2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1):
Number of Cases: 1 Case, Jones v. City of California City, Kern County Superior Court Case Number: BCV-24-100840
REPORT OUT OF CLOSED SESSION
The City Council reconvened from closed session at 4:57 p.m. City Attorney Ponto reported the City Council entertained two items for closed session and there were no reportable actions.
SPECIAL MEETING @ 5:00 PM
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 5:22 p.m.
PLEDGE OF ALLEGIANCE/INVOCATION Pledge was led by audience and Pastor Moore offered the invocation.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tern Smith (via zoom) & Mayor Kulikoff.
APPROVAL OF AGENDA
Councilmember Cooper moved to approve agenda. Motion seconded by Councilmember Kulikoff. 2 AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Kulikoff, and Mayor Kulikoff
Councilmember Creighton & Mayor Pro T em Smith
None
None
MOTION CARRIES: 3-2
PUBLIC COMMENTS
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.
The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
Public comment was offered by Al Hudson and D.J. Twohig.
NEW BUSINESS
NB1. Request for County to Provide Election Services
Staff Report: Daryl A. Betancur, City Clerk
Recommended Action: Staff recommends that the City Council approves and adopts Resolution No. 24-3026, A Resolution of the City Council of the City of California City, California Requesting the Board of Supervisors of the County of Kern to Canvass the Returns of a California City Special Municipal Election to be Held on July 30, 2024, and Requesting that the Registrar of Voters of Said County be Permitted to Render Specified Services to the City of California City Relating to the Conduct of Said Special Municipal Election _Public comment was offered by Mayor Pro Tern Smith, D.J. Twohig, Shawn Bradley Jeanie O'Laughin, Silver Farr, MM@ (via zoom), and Al Hudson.
City Clerk, Betancur presented staff report articulating the need to have this item on the agenda; the cost of the special parcel tax election; election procedures; and answered questions from the public and City Council.
A lengthy discussion ensued regarding the timeliness of the special election; cost; merits of the proposal, and reasons why it may not succeed.
Mayor Pro Tern Smith moved to not approve item as presented. Motion seconded by Councilmember Creighton. Motion defeated by substitute motion.
Mayor Kulikoff offered a substitute motion to approve item as presented. Motion seconded by Councilmember Cooper.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Cooper, Kulikoff, and Mayor Kulikoff
Councilmember Creighton & Mayor Pro T em Smith
None
None
3 MOTION CARRIES: 3-2
ADJOURNMENT
Councilmember Kulikoff moved to adjourn the meeting. Motion seconded by Councilmember Kulikoff. Motion carried 5-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 7:37 p.m. 4 DARYL A. BETANCUR, MMC
City Clerk
Item No.C.Coc.3
COUNCIL AGENDA ITEM
May 28, 2024
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Adoption of Resolution No. 24-3031
1 RESOLUTION NO. 24-3031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY
AUTHORIZING THE FINANCE MANAGER TO EXECUTE THE FEDERAL
TRANSPORTATION ACT (FTA) SECTION 5311 OPERATING EXPENSE
ASSISTANCE GRANT AND TITLE VI ASSURANCE AND URBAN MASS
TRANSPORTATION CIVIL RIGHTS ASSURANCE
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY that the Finance Manager is authorized to execute the FTA Section 5311 Operating Expense Assistance Grant Agreement for and on behalf of the City of California City to be used for the operation of the Dial-A-Ride system; and the Standard DOT Title VI Assurance and Urban Mass Transportation Civil Rights Assurance.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 28th day of May 2024.
ATTEST:
Daryl A. Betancur, MPA, MMC
City Clerk
Kelly Kulikoff,
Mayor
APPROVED AS TO FORM:
Victor M. Ponto,
City Attorney
[THIS SPACE INTENTIONALLY LEFT BLANK]
CERTIFICATION
I, Daryl Betancur, City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 28th of May 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this ___ day of May 2024.
Daryl A. Betancur, MPA, MMC
City Clerk
COUNCIL AGENDA ITEM
May 28, 2024
PREPARED BY: Victor Ponto, City Attorney
Item No. P t\- ,i
SUBJECT: Discussion of Ordinance Amending the Municipal Code to Regulate Cannabis
RECOMMENDATION
The City Council is requested to:
1. Open a public hearing and take testimonial and documentary evidence;
2. After receiving verbal and written testimony, close the public hearing;
3. Introduce and waive first reading of an Ordinance amending the California City Municipal Code to regulate cannabis; and
4. Take such additional, related, action that may be desirable.
BACKGROUND/ DISCUSSION
The California City Municipal Code ("CCMC") currently permits commercial cannabis businesses to operate in the City if permitted by the City. City staff have directed the City Attorney's Office to draft an ordinance overhauling the CCMC's provisions regulating cannabis to address ongoing issues related to the noncollection of cannabis taxes, odor control, cannabis waste, signs, and other persistent issues.
The proposed Ordinance also updates the City's cannabis administrative fine schedule and regulations on delivery-only medicinal cannabis businesses as required by two new State laws (Senate Bill 1186 and Assembly Bill 1684).
ANALYSIS
The proposed Ordinance would amend the CCMC in the following ways:
1 1. Clarify how Canopy Space is Measured (Amends CCMC Section 3-
2.8.040( d))
Currently, the CCMC defines "Canopy" as all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. The proposed ordinance would add the words "as measured from the walls of each area including any walkways" to the end of the definition. The CCMC states that when plants are placed on shelves parallel to one another that each shelf is counted as separate canopy area. The proposed ordinance extends the definition of "Canopy" to vertical shelves. The definition of "Canopy" is important because the City's cannabis business tax is based on a businesses' gross receipts and the square footage of plant canopy they have.
2. Add Definition of "Financial Interest" (Amends CCMC Sections 5-6.201 and 5-6.501)
The proposed Ordinance would add a definition of "Financial Interest" to the CCMC so that persons having a "Financial Interest" would have to be listed in retail cannabis license applications. A "Financial Interest" would be defined as an agreement to receive a portion of the profits of a commercial cannabis business, an investment into a cannabis business, a loan provided to a cannabis business, or any other equity interest in a cannabis business.
3. Overhaul Information Required for Retail Cannabis License Applications (Amends CCMC Section 5-6.501)
The proposed Ordinance would require applicants for retail cannabis licenses to provide ( 1) current government issued photo IDs; (2) proof of ownership or a written lease for the site they intend to operate at; and (3) certification that they have not been convicted of a list of serious crimes. The CCMC currently does not list requirements for applications for the retail cannabis license applications, instead permitting the City Council to adopt application procedures by resolution and the City Manager has the authority to adopt any rules necessary to evaluate applications.
4. Require Retail Cannabis Businesses to Provide Monthly Written Report of Inventory and Sales (Amends CCMC Section 5-6.1001)
The proposed Ordinance would require each dispensary, on the fifth day of each month, to provide the City Manager with a written report containing information about its current inventory of cannabis/cannabis product, the total gross revenue received from prior month's sales, and copies of any sales tax reports provided to the State Board of Equalization and any other taxing agencies. The purpose of this provision is to improve the collection of the cannabis business tax.
5. Require Cultivation Sites to Obtain Fumigation Permits and Adhere to State/Federal Law on Pesticides (Amends CCMC Section 5-6.1101) 2 The proposed Ordinance would require commercial cannabis cultivators to comply with all federal, state, and local laws and regulations governing the use of pesticides.
Cultivators would also have to comply with California Fire Code requirements regarding fumigation and insecticidal fogging. The ordinance would also prohibit burning sulfur to control pests in enclosed spaces.
6. Require Cannabis Cultivators to Comply with Indoor Grow Lighting System Restrictions (Amends CCMC Section 5-6.1101)
The proposed Ordinance would require cannabis cultivators using indoor grow systems to ensure that the lights are shielded to confine light and glare to the interior of the building. Cultivators would also have to comply with the Building and Fire Codes and have ventilation and filtration systems approved by the building official and installed prior to starting cultivation. The idea is that this would cut down on offensive cannabis odors.
Cultivators would also have to acquire any necessary permits from the air quality management district before beginning operations.
The proposed Ordinance would also require commercial cultivators to keep adequate records-including videorecords-of any cannabis related activity, including conducting an inventory on the first business day of each week and recording the total quantity of each type of cannabis on the premises. Records would have to be maintained for seven years.
7. Add Provision Detailing how Cannabis Waste Must be Disposed (Addition of CCMC Section 5-6. 908)
The proposed Ordinance would require cannabis permitees to turn the byproduct of cannabis/cannabis products into "Cannabis Waste," a product that is unusable and unrecognizable by creating a mixture that is at least 50 percent non-cannabis material by volume. Permitees would be required to track where cannabis waste is disposed and not comingle different batches of cannabis waste. The proposed ordinance would also ban on-site compositing of cannabis waste. The CCMC currently does not address "Cannabis Waste."
8. Require Cannabis Permits to be Renewed Annually (Amends CCMC Sections 5-6.502, 5-6.504, and 5-6. 904)
The proposed Ordinance would require City permits to be renewed yearly, as opposed to the current regulatory regime where they are reviewed based on operational status. The Ordinance would also require permittees to report to the City when they have ceased operating their cannabis business. The proposed Ordinance would define a business as ceasing to operate if does not engage in sales, manufacturing, distribution, or other cannabis activity for five consecutive days, unless the operator can furnish proof that the business will return to activity within a reasonable period of time.
3 9. Update City's Regulation of Medicinal Cannabis Delivery (Amends CCMC Sections 3-2.8.040 and 9-2.2903 and adds 5-6.1701) The CCMC does not currently impose any restrictions on medicinal cannabis operations. Senate Bill 1186 precludes cities from adopting or enforcing regulations that prohibit or have the effect of prohibiting the retail sale of medicinal cannabis by delivery. The new law, however, allows cities to adopt and enforce reasonable regulations on the retail sale by delivery of medicinal cannabis, including zoning requirements. The proposed Ordinance would impose zoning, application, renewal, prohibition on transfer, and operational standards on medicinal cannabis delivery permitees, so that the City has better oversight over these businesses.
10. Update Administrative fine Schedule (Amends CCMC Sections 5-
6.1503, 9-2.2908, and 1-5.04)
The proposed Ordinance would update the City's administrative fine schedule for unpermitted cannabis activity in line with Assembly Bill 1684. Assembly Bill 1684 went into effect January 1, 2024 and limits the fines and penalties that cities may impose on violators of a city's cannabis regulations at $1 ,000 per violation and $10,000 per day, but permits cities to levy larger fines if authorized by another section of State law or after the City has given the violator notice and reasonable time to correct the violation.
Assembly Bill 1684 requires that cities provide for a reasonable amount of time for a person to correct or remedy the violation before any fines or penalties are imposed if ( 1) the rental property owner or agent can show the rental or lease agreement prohibits the commercial cannabis activity; and (2) the rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information alerted the rental property owner or agent to the illegal commercial cannabis activity.
11. Clarify that Building Code may be Enforced Against Cannabis Operators (Amend CCMC Section 5-6.1405, 5-6.802, and 9-2.2905) The proposed Ordinance would confirm that the City has the authority to enforce the State Building Code and Fire Code against cannabis businesses.
12. Amend Live Scan Requirements for Cannabis Industry Employees and Require ID Cards (Amends CCMC Section 5-6.9060), 5-6.302, 5-6.905, and 3-2.8.200) Before issuing a cannabis license, the CCMC currently requires owners, managers, and supervisors of cannabis businesses to be fingerprinted and have those images transmitted to the Federal Bureau of Investigations. The CCMC requires those same persons to undergo a background check.
The proposed Ordinance would extend the fingerprinting and background check requirements to agents, c ontractors, subcontractors, employees, and volunteers of 4 the cannabis business. The proposed Ordinance would also give the City the authority to create identification cards for persons with access to the cannabis business by resolution. The cost of the identification cards would be paid for by an applicant for employment. Only the City would be able to issue the identification cards and the City would also have the authority to suspend or revoke them.
The City would have the authority to authorize a person to begin working for a cannabis business provisionally while it process their application for an identification card. People who have been issued an identification card would be authorized to work for any cannabis business in the City that is licensed by the City and State.
Employees would be required to wear their identification cards while on the premises of a cannabis business.
13. Impose Activation Requirement on Cannabis Delivery Businesses (Amends CCMC Section 5-6.1201)
Councilmember Creighton requested that the City impose an activation requirement on delivery permitees. The proposed Ordinance would require cannabis delivery businesses to begin operating within 90 calendar days of receiving a license from the City, otherwise their license will automatically be revoked. If a licensee ceases cannabis business activity for 90 calendar days after activating their license, then the City can suspend or revoke their license.
14. 6.1303)
New Cannabis Manufacturing Restrictions (Amends CCMC Section 5- The proposed Ordinance would require cannabis manufacturers to receive approval from the Fire Chief for a closed-loop system or extraction operation. Cannabis manufacturers would have to meet fire, safety and building code requirements of the California Fire Code, the National Fire Protection Association standards, International Building Code, or the International Fire Code.
All equipment at manufacturing would have to be Underwriter Laboratories listed or approved by a similar agency or certified by a mechanical engineer licensed in the United States. Manufacturing sites would also be required to have a seller's permit from the California Department of Tax and Fee Administration.
15. Clarify how Administrative Appeals of Fines are Handled (Amends CCMC Section 5-6.604)
The proposed Ordinance would clarify that administrative fines issued for violations of the City's cannabis regulations can be appealed by the process set out in Sec. 1-
5.08, which is the general appeal process for citations.
16. Require Conditional Use Permits for Alteration and Modification of Equipment at Cannabis Business (Amends CCMC Section 5-6. 907) 5 The proposed Ordinance would require cannabis businesses to obtain a Conditional Use Permit for any physical change, alteration, or modification to the location, type, or quantity of equipment within their business. The City currently requires a Conditional Use Permit for any physical change, alteration, or modification of the premises of a cannabis business that materially or substantially alters the licensed premises from the plans approved by the City.
17. Strengthen City's Ability to Revoke and Suspend Licenses (Amends CCMC Section 5-6.503)
The CCMC currently authorizes the City to revoke cannabis business permits for any violation of the CCMC's cannabis regulations. The proposed Ordinance would expand on this and create a process where the City Manager has the authority to suspend a cannabis business permit for any violation of the CCMC 's cannabis regulations that is substantial and revoke a permit for any violation that is significant.
The proposed Ordinance adds a legally compliant due process procedure to the City's authority. The proposed Ordinance lists 12 factors that the City Manager would consider in determining whether a permit should be suspended or revoked. The City Manager would have to mail a written notice of the suspension or revocation to the cannabis business, which lists the reasons for the suspension or revocation. Before suspending or revoking a permit, a cannabis business is entitled to a hearing on their impending suspension or revocation. After the hearing, the City Manager's decision can be appealed to the City Council.
18. Require Applicant to Pay for Cost of CEQA Studies (Addition of CCMC Section 5-6.507)
The proposed Ordinance would require applicants to pay for all costs associated with the preparation of all initial studies, negative declarations, environmental impact reports and/or other environmental documents or studies, necessary for the approval of a cannabis business permit, zoning, or conditional use permit.
19. Ban Guard Dogs and Recreational Vehicles at Cannabis Facilities (Amends CCMC Section 5-6.902 and 5-6.906)
The proposed Ordinance would ban all animals from the property of a cannabis business unless the animal is a service animal as defined by Title II of the Americans with Disabilities Act. The purpose of this change would be to protect inspectors and first responders in the event of an emergency from being attacked by an animal or being forced to rescue an animal in case of a fire.
The proposed ordinance would also ban persons from living on the property of cannabis business and in a recreational vehicle, tent, or vehicle on the property, even if not part of the licensed premises of the property.
20. Amend Sign Code to Ban Mobile Cannabis Signs and Address Displays of Cannabis Leaves and Similar Images (Amends CCMC Section 9-4.303(9) and 5-
6. 906(f)).
6 The CCMC currently requires signs for cannabis businesses to comply with the City's general sign requirements as well as banning banner, flags, and billboards for cannabis businesses. The CCMC also limits business identification signs for cannabis businesses to what is needed to identify the business only and bars the use the use of logos or lists the services or products offered by the business.
The proposed Ordinance would bar signs for cannabis businesses on vehicles, motorbikes, scooters, and e-scooters. The proposed Ordinance would also clarify that no cannabis signs can be erected or displayed without the approval of a sign permit application. Portable signs or sandwich signs located in the public right-of-way would also be banned as would off-site signs.
The CCMC also prohibits cannabis or cannabis products or graphics depicting cannabis or cannabis products from being visible from the exterior of any business.
The proposed Ordinance clarifies that this prohibition also applies to signs for cannabis businesses, which may not contain any depiction or likeness of cannabis or cannabis products, including images that do not contain cannabis but that are intended to convince a reasonable viewer that cannabis or cannabis products are sold at the site.
21. Require Applicant to Post Performance Bond (Amends CCMC Section 5-6. 906(m))
Councilmember Smith requested that the ordinance include a requirement that cannabis businesses maintain a performance bond for the City to utilize in the event it needs to clean up and abate issues on properties for non-compliance with the CCMC. The proposed Ordinance authorizes the City Council to require applicants for cannabis permits to post a cash bond in an amount set by City Council resolution to assure compliance with the City's cannabis regulations and in the event of damage to public property.
State law requires applicants for state cannabis licenses to obtain a bond to pay for the cost of destroying cannabis or cannabis products if it loses its license. The Department of Cannabis Control requires that bond to be $5,000 for each licensed premise the applicant will operate.
22. Require all Structures used for Personal Use Cultivation to be Legally Constructed (Amend CCMC Section 5-6.1101)
The proposed Ordinance would require that all structures used for cultivating cannabis for personal use must be legally constructed with all applicable permits, such as grading, building, electrical, mechanical, and plumbing if necessary.
23. Increase City's Enforcement Authority Against Illegal Cannabis Businesses (Add Article 16 to CCMC Chapter 5-6)
The proposed Ordinance would increase the City's enforcement authority against unlicensed cannabis activities by adding Article 16 (Unlicensed Cannabis Activities) 7 to CCMC Chapter 5-6. The proposed Ordinance would declare that unlicensed cannabis activity is a nuisance and grant the City Manager, City Attorney, and Building Official the authority to abate these nuisances. The City would be able to recover the cost of abating the nuisance and could impose a $1,000 penalty per violation not to exceed $10,000 per day on persons who continue to operate an unlicensed cannabis business after being warned to stop doing so by the City.
24. Redefine Tax Administrator Position as City Manager or Designee {Amends CCMC Section 3.2.8)
The CCMC requires the "Tax Administrator" to administer and collect the cannabis business tax. The CCMC defines the "Tax Administrator" as the Finance Director or their designee. The proposed Ordinance would redefine the "Tax Administrator" as the City Manager. The purpose of this change would be to streamline collection of the cannabis business tax in the event that the Finance Director position is vacant.
25. Increase Cannabis Tax for Distribution and Manufacturing {Amends CCMC Section 3-2.8.050)
The proposed Ordinance would increase the rate of the cannabis business tax for manufacturing from 1 % of gross receipts to 2% of gross receipts, and for distribution from .5% of gross receipts to 1 % of gross receipts.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections 15060(c) (2) and 15060(c) (3) because the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. The proposed Ordinance is also exempt from CEQA as it is not a project as defined in Section 15378 of the state CEQA Guidelines and the Ordinance has no potential to result in a physical change to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary.
FISCAL IMPACT
There is no estimated fiscal impact at this time.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ATTACHMENT
Ordinance No. ___ _
8 - Code of Ordinances
TITLE 1 GENERAL PROVISIONS
TITLE 1 GENERAL PROVISIONS1
CHAPTER 1. ADOPTION OF CODE
Sec. 1-1.01. Title: References to Code.
This Code is the "California City Municipal Code." It shall be sufficient to refer to the California City Municipal Code in any prosecution for violation of any provisions of this code. It shall also be sufficient to designate any ordinance adding to, amending or repealing provisions of this code as an addition or amendment to, or a repeal of the municipal code, or any portion thereof.
Ord. No. 14-726, § 1, 12-2-2014
Sec. 1-1.02. Authority.
This Code includes the regulatory, penal and administrative laws of general application of the City, codified pursuant to Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code.
Ord. No. 14-726, § 1, 12-2-2014
Sec. 1-1.03. Maintenance of Code.
(a) At least three (3) copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager. (b) Certified copies of ordinances revising this Code shall be filed in the office of the City Clerk, duly indexed for ready reference.
(c) At least annually, the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which the change was adopted. The reprinted pages shall be distributed in order that the loose leaf copies of this code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date.
( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-1.04. Effective Date.
This Code shall take effect upon the effective date of the ordinance of the City whereby this Code is adopted by reference.
1Editor's note(s)- Ord. No. 14-726, § 1, adopted Dec. 2, 2014, amended and replaced former Title 1, Chs. 1-6, in its entirety. Former Title derived from the 1998 printing of this Code; Ord. No. 99-569; 7-6-1999; Ord. No. 11- 699, 3-1-2011; Ord. No. 05-631, §§ 1-5-01- 1-5-10, 8-16-2005; Ord. No. 09-673, 3-3-2009; California City, California, Code of Ordinances
(Supp. No. 10)
Creat ed: 2022-05-13 14:22: 59 [EST]
( Ord. No. 14-726, § 1, 12-2-2014}
CHAPTER 2. RULES OF CONSTRUCTION
Sec. 1-2.01. Scope.
Unless the provisions of this Code specifically provide otherwise, or the context of this Code indicates to the contrary, the general provisions, rules of construction and definitions set forth in this Chapter shall govern the construction of this Code. This Code and proceedings under are to be constructed with a view to effect its objects and promote justice.
(Ord.No. 14-726, § 1, 12-2-2014}
Sec. 1-2.02. Effect of Headings.
Title, chapter, article, and section headings do not govern, limit, modify, or affect the scope, meaning, or intent of any title, chapter, article, or section of this Code. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.03. Partial Invalidity of Code.
If any chapter, section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions of this Code.
( Ord. No. 14-726, § 1, 12-2-2014 )
Sec. 1-2.04. References to Acts or Omissions Within the City.
This Code refers only to the omission or commission of acts within the territorial limits of the City, and territory outside the City over which the City has jurisdiction, or a legal right of influence or control, by virtue of the Constitution of the State, any law, or by reason of ownership or control of property. (Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.05. References to Ordinances: Application to Amendments.
Whenever a reference in this Code is made to an ordinance, the reference shall apply to an ordinance of the City unless this Code expressly provides otherwise. Whenever a reference is made to any portion of this Code, or to an ordinance, the reference shall include amendments. (Ord. No. 14-726, § 1, 12-2-2014)
Created: 2022-05-13 14: 22 :58 [ EST]
(Supp. No. 10)
Sec. 1-2.06. Notices.
(a) Whenever a notice is required to be given pursuant to this Code, such notice may be given by personal delivery to the person to be notified, by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed, or by facsimile to the actual facsimile number of the person. Service by mail shall be deemed to have been completed at the time the notice is deposited in the post office. (b) Proof of giving notice may be made by the certificate of an officer or employee or the affidavit of any person over the age of eighteen (18) years, showing service in conformity with this Code or other law applicable to the subject matter.
(Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-2.07. Definitions.
For the purpose of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows:
(a) "Across" shall include along, on or upon.
(b) "Administrative Citation" is a written notice of violation issued for a violation of this Code, any ordinance adopted by the City, or State code(s).
(c) "City" shall mean the City of California City.
(d) "City Manager" shall mean the City Manager of California City. (e) "CCMC" or "Code" shall mean "The California City Municipal Code", as adopted and subsequently amended.
(f) "Council" shall mean the City Council of the City of California City. (g) "County" shall mean the County of Kern.
(h) "Enforcement Officers" are the persons designated by the City Manager to issue Administrative Citations pursuant to this Title. Enforcement Officers include, but are not limited to the following persons employed by the City:
(1) Peace Officers;
(2) Firefighters;
(3) Code Enforcement Officers;
(4) Animal Control Officers;
(5) Building Inspectors; and
(6) Any other persons formally designated as such by the City Manager. (i) "Fiscal Year" shall mean from July 1 of any given year through June 30 of the following year. (j) "Owner" when applied to a building, land, or business, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of the building, land or business. (k) "Person" shall include any natural person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the City of California City), the County, district in the Created : 2022-05-13 14:22: 58 [EST]
(Supp. No. 10)
County, the State of California, the United States of America, or any department or agency of the foregoing.
(I) "Police" shall refer to the agency that performs the appropriate law enforcement functions of the City. (m) "Property" shall mean and include both real and personal property. (n) "Quarterly." Where it is used to designate a period oftime, shall mean the first three calendar months of any given year and the succeeding periods of three calendar months. (o) "Real Property" shall include land, tenements and hereditaments. (p) "Responsible person" means an individual who is the owner, occupant or authorized agent of the owner or occupant of real property, or business, or the parent or legal guardian of such person under the age of eighteen (18) years, who violates any provision of this code or aids, abets, coerces, compels, counsels, advises, employs, or encourages another person to violate the provisions of this Code. (q) "Section" shall mean a section of this Code, unless some other source is specifically mentioned. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly mentioned.
(r) "Shall." Use of the word means the act is mandatory. (s) "Street" shall mean all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or other public property so designated in any state law.
(t) "Subdivision Deferred Improvement Tracts" or "SDI Tracts" are 29 tracts within the City subject to a deferred improvement agreement and identified as tract nos. 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.
(u) "Subdivision Deferred Improvement Lots" or "SDI Lots" are lots within Subdivision Deferred Improvement Tracts.
(v) "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.
(w) "Subdivision Deferred Improvements," "Deferred Improvements," or "SDI Improvements" means the improvements described in the SDI Agreements.
(x) "SDI Advisory Committee" means the committee created to advise the City on compliance with this Chapter.
(y) "Tenant" or "Occupant," when applied to a building or land, shall mean any person who occupies the whole or a part of the building, structure or land, whether alone or with others. (Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.08. State Definitions Adopted.
For the purposes of this Code, all words not herein defined shall have the meanings determined by the laws of this state and the decisions of the courts of this state. (Ord. No. 14-726, § 1, 12-2-2014)
Cr eat ed : 2022-05-13 14: 22 :58 [EST)
(Supp. No. 10)
Sec. 1-2.09. Tense.
The present tense shall include the past and future tense, and the future tense shall include the present tense.
(Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-2.10. Gender.
The masculine gender shall include the feminine and neuter genders. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.11. Effect of Code on Past Actions and Obligations.
Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under the ordinances on the effective date, nor be construed as affecting any of the provisions of the ordinances relating to the collection of any license fee or penalty or the penal provisions applicable to any violation of the ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to the ordinances shall continue in full force and effect. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.12. Interpretation of Code and Other Ordinances.
All the provisions of this Code and its ordinances shall be interpreted to refer to the appropriate or designated officer of office of the City. Whenever an ordinance, uniform code, statute, or other matter is adopted by reference and refers to a department, officer, employee, inspection, police, or other function, such reference is to the appropriate or designated office, officer, department, agency, employee, or function of the City. (Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-2.13. Exercise of Power or Duty by Assistant or Deputy.
Whenever a power is granted to or a duty imposed upon a City officer by this Code, or by any other ordinance, resolution, policy or contract of the City, and irrespective of whether such City officer serves as an employee of the City or is appointed by virtue of a professional services contract, the powers and duties of such officer may be exercised or the duty performed by an assistant or a deputy of the officer or by a person authorized pursuant to law by the officer, whether such assistant or deputy or person be an employee of the City or be retained by virtue of a professional services contract, unless this Code or the ordinance, resolution, policy or contract expressly provides otherwise.
(Ord.No. 14-726, § 1, 12-2-2014)
CHAPTER 3. VIOLATIONS AND PENAL TIES
Cr eated: 2022-05-13 14:22: 58 [EST)
(Supp. No. 10)
Sec. 1-3.01. Violations, Penalties and Enforcement.
(a) Violations.
(1) No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any code adopted herein, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto.
(2) Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, shall be guilty of a misdemeanor unless:
(i) Such requirement can only be charged as an infraction as provided in this Code; (ii) The City Manager or prosecuting attorney authorizes the issuance of a citation or notice to appear charging an offense as an infraction;
(iii) The prosecuting attorney files a complaint charging the offense as an infraction; (iv) After filing of a misdemeanor complaint, the court, solely upon motion of the People, reduces the charge to an infraction; or
(vi) An infraction offense shall be prosecutable as a misdemeanor upon a fourth violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year.
(b) Penalties.
(1) Misdemeanor. Any person, firm, corporation, or responsible entity convicted of a misdemeanor under the provisions of this code by a court of competent jurisdiction shall be punishable by a fine not to exceed $1,000, or by imprisonment in the City or County Jail for a period not to exceed one year, or by both such fine and imprisonment.
(2) Infraction. Any person, firm, corporation, or responsible entity convicted of an infraction under the provisions of this code by a court of competent jurisdiction shall be punishable by:
(i) A fine not exceeding $100.00 for a first violation; (ii) A fine not exceeding $200.00 for a second violation of the same ordinance within one year; (iii) A fine not exceeding $500.0 for each additional violation of the same ordinance within one (1) year.
(3) Administrative citation. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or any condition of any approval, permit, license, or other entitlement issued pursuant thereto is also subject to administrative fines that are authorized by Chapter 1.5 of this code. (4) Civil action. The City Attorney, by and at the request of the City Manager, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provisions of this Code, as provided by law.
(c) Continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which any violation of any provision, restriction, or requirement of this Code or any code adopted herein by reference, any uncodified City ordinance, any rule or regulation promulgated pursuant thereto, or Created: 2022.-05- 13 14: 22 :58 [EST)
(Supp. No. 10)
any condition of any approval, permit, license, or other entitlement issued pursuant thereto is committed, continued, maintained, or permitted by such person and shall be punishable accordingly. (d) Concurrent methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-3.02. Enforcement Officials Designated.
Pursuant to provisions of California Government Code Section 36900 and California Penal Code Section 836.5, certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of nonsafety employees shall be made by a duly adopted separate resolution of the Council. (Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-3.03. Prohibited Acts.
Whenever this Code makes an act or omission unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-3.04. Fees, Charges, Licenses, and Taxes Made a Civil Debt.
The amount of fee, service charge, utility charge, license, or tax imposed by this Code is a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with penalties as prescribed by this Code. This section is cumulative, and collection of such an amount by civil action shall not bar the use of any other remedy provided by this Code or by law. ( Ord. No. 14-726, § 1, 12-2-2014)
CHAPTER 4. APPEALS AND REVIEW
Sec. 1-4.01. Purpose and Applicability.
The purpose of this section is to provide a procedure for the appeal and review of City decisions. Except as otherwise provided in this Code, this section shall apply to the decisions of the staff, committees, commissions, boards and Council of the City of California City.
( Ord. No. 14-726, § 1, 12-2-2014 )
Sec. 1-4.02 Definitions.
As used in this section, the following terms shall have the meanings set forth herein below:
Created: 2022-05-13 14:22:58 (EST]
(Supp. No. 10)
(a) "Affected person" means any person, including the applicant, any City staff member, committee, or commission who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision.
(b) "Appeal" means reconsideration, by a higher authority, of the specific facts and circumstances of any final decision made by the Council, or any of its committees, commissions or boards, or any officer or employee of the City when acting in an official authorized capacity to make a final decision. (c) "Applicant" means the person who applied for or requested the decision or action which is the subject of the appeal or review.
(d) "Decision" means any final decision, finding, ruling, order or action. (e) "Permit" means anything referred to elsewhere in this Code as being a "permit" or "license." (f) "Person" shall have the meaning attributed in section 1-2.207 of this Code. (g) "Review" means reconsideration of the decision of any City employee, committee, commission or body requested by the Council, on its own motion, or upon request of any Council member, in order to consider the decision and any broad legislative and policy factors involved. (h) "Work day" means a day that City Hall is regularly open for business. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.03 Council Review Requests.
Within the time limits set forth in this chapter, the Council or any individual member of the Council may request that any final decision of a City employee, City commission, committee, or body, be reviewed. To initiate the review, the Council member shall file a written request for review with the City Clerk, stating any reasons for the review. Said review will be conducted in accordance with the procedures specified in the remainder of this chapter for the hearing of appeals. The person or body to hear the review will be as designated in the Code to hear an appeal, unless the Council as a whole specifies a higher level of review in the first instance. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.04 Procedure for Appeal.
(a) Any affected person may, within the time limits set forth in this chapter, file an application for appeal with the City Clerk. Said application shall contain sufficient information to identify the party, its interest in the matter, and the reasons for requesting an appeal.
(b) If the appeal is to be heard by a person or body which conducts regularly scheduled meetings, the appeal shall be considered at the first regular meeting which follows receipt of the application by ten (10) or more days, and which allows sufficient time for the giving of notice as required by this chapter. (c) If the appeal is to be heard by an individual or body which does not conduct regularly scheduled meetings, the appeal shall be considered not more than ten (10) work days following receipt of the application; provided that the time period may be extended if necessary to allow the giving of notice as required by this chapter.
(d) An appeal hearing shall consist of a de novo hearing on the matter by the person or body specified in this chapter. The appeal hearing shall be based on the following evidence:
(1) Any relevant evidence, including staff reports, etc., submitted at the time of the prior decision and at the appeal hearing; and
Cr eated: 2022-05-13 14 :22:58 [EST)
(Supp. No. 10)
Page8of17
(2) Findings, if any, and decision of the person or body whose decision is being appealed, but the person or body hearing the matter shall not be bound by the findings and decisions of the original decision being appealed.
(e) If the original decision being appealed involved issuance of any permit, license, or other entitlement or approval or requested some action by the City, the person filing the appeal shall have the burden of proof to support the overturning of the prior decision.
(Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-4.05 Time Limitations for Appeals and Reviews.
All applications for appeals and reviews must be filed with the City Clerk, in writing, during regular business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays, and within the time limits hereinafter set forth:
(a) For all matters relating to the approval, disapproval or extension of tentative and parcel maps, within ten (10) days from the date of the final decision subject to appeal or review. (b) For all other items, within seven (7) days from the date of the final decision subject to appeal or review.
If the final day for filing an application for appeal or review falls on a holiday or weekend day when City Hall is closed, the application shall be filed no later than the next business day. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.06 Time Limitation for Issuance of Permits.
Where a permit is sought and its issuance is contingent upon obtaining a prerequisite permit, the permit sought shall not be issued until the expiration of the time limit for seeking an appeal or review specified in this chapter applied to the prerequisite permit. If an application for appeal or review of the prerequisite permit is filed within the specified time limits, the permit sought shall not be issued until seven (7) days following the final decision on the appeal or review. Any permit issued in violation of the provisions of this section shall be void. (Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-4.07 Fees.
Each application for appeal shall be accompanied by a processing fee in an amount determined by resolution of the Council.
( Ord. No. 14-726, § 1, 12-2-2014 )
Sec. 1-4.08 Notice of Appeal or Review.
Notice of the hearing for the appeal or review shall be given in the same manner as any required notice for the hearing at which the decision subject to the appeal or review was made. In addition to any notice required under law, written notice of the date, time, and place of the hearing shall be given to the original applicant, if any, any prior applicant for appeal regarding the same matter, and for appeals the person requesting the current appeal.
(Ord. No. 14-726, § 1, 12-2-2014)
Created: 2022-05-13 14:22:58 [ EST]
(Supp. No. 10)
( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.09 Person or Body to Hear an Appeal or Review a Decision.
Except as otherwise provided in this Code or under law, the person or body to hear an appeal or review a decision shall be the following:
(a) From a decision of the City staff to the department head; (b) From a decision of the department head to the City Manager; (c) From a decision of the City Manager to the Council; (d) From a decision of any City committee or commission to the City Council. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.10 Exhaustion of Administrative Remedies.
Unless appealed or reviewed in the time and manner provided herein, any decision becomes final for all purposes when it is made.
(Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.11 Accrual of Certain Claims.
No claim for violation of constitutional rights for deprivation of economic use of property shall arise until and unless a claimant has secured a final decision on a permit application for a plan of development and on a request for a variance or similar relief from the zone or other development standard for a plan of development as specified in Title 9 of this Code.
(Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-4.12 Limitations on Judicial Review.
Notwithstanding any provision in this Code to the contrary, no court action or proceeding to attack, review, set aside, void or annul any decision or procedure of the City of California City, its Council, commissions, boards or officers, which has become administratively final shall be maintained by any aggrieved person unless duly commenced in a court of competent jurisdiction within ninety (90) days, as provided in California Code of Civil Procedure, Section 1094.6, incorporated herein by reference, and/or as provided in California Government Code section 65009, or any shorter statute of limitations provided by law. (Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-4.13 Severability.
If any provision of this section is found to be invalid or unconstitutional by interpretation or application to any person or circumstances, such invalidity or unconstitutionality shall not affect the other provisions or applications thereof which can be given valid effect.
( Ord. No. 14-726, § 1, 12-2-2014)
Creat ed: 2022-05-13 14: 22:58 [EST]
(Supp. No. 10)
Page l Oof 17
- Code of Ordinances
TITLE 1 - GENERAL PROVISIONS
CHAPTER 5. ADMINISTRATIVE CITATIONS
CHAPTERS. ADMINISTRATIVE CITATIONS
Sec. 1-5.01. Purpose and Applicability.
(a) This chapter provides for administrative citations in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code. (b) The administrative citations process applies to continuing violations of this code that pertain to building, plumbing, electrical or other similar structural or zoning issues when notice of the violation and time to correct the violation has been given.
(c) Use of this chapter shall be at the sole discretion of the city, as determined by the City Manager or Code Enforcement Administrator.
(Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-5.02. Reserved.
Sec. 1-5.03. General.
(a) The City may penalize a responsible person for violation of this Code, including Uniform Codes adopted by the Council, and State laws which may be enforced by the City. (b) Each and every day a violation exists constitutes a separate and distinct offense. (c) The process for levying an administrative penalty shall be initiated by an administrative citation issued by an Enforcement Officer.
(d) The Finance Department shall collect administrative penalties. The City may contract with a private vendor, or with any other city or county processing agency for the processing of citations, notices of violations and notices of delinquent violations.
(Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-5.04. Administrative Fines: Amount.
(a) Penalties enforced by Administrative Citations shall be:
(1) A fine not exceeding $-WQ,00...250.00 for a first violation; (2) A fine not exceeding two hundred dollars ($~500.00) for a second violation of the same ordinance or permit within one year from the date of the first violation; and (3) A fine not exceeding five hundred dollars ($~1,000.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. (bl Penalties enforced by Administrative Citations may be set by resolution as part of the Master Fee Schedule or by other sections of this Code.
California City, California, Code of Ordinances
(Supp. No. 10)
Cr e ated: 2022-05- 13 14:22 : 59 [EST]
fbif) The City may charge a fee to recover the costs of handling an Administrative Citation in an amount established by resolution of the Council from time to time. (€Q) No fine shall be imposed in situations where all of the following apply:
(1) The violation(s) pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety; (2) The condition is corrected before the date provided on the citation; and (3) No citation(s) have been issued to the same person in the preceding 12-months for the same offense. ~) If the Responsible Person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the penalty for failure to correct the violation shall increase at a rate specified hefei.Rby resolution.
( Ord. No. 14-726, § 1, 12-2-2014).
Sec. 1-5.05. Administrative Citations: Service.
(a) Unless otherwise required under law, the administrative citation and any other required notices shall be issued or delivered to the Responsible Person using one or more of the following methods:
(1) By personal service on the owner, occupant or person in charge or control of the property at issue; (2) By certified mail, return receipt requested, addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment role, or as otherwise known.
Service shall be deemed complete by the date shown on the return receipt or ten days after the date of mailing of the notice if it is not returned within that time; (3) By posting at a conspicuous place on the property or abutting public right-of-way, and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. This method shall be used only in the event that personal service or service by certified mail is not possible or feasible. Service shall be deemed received as of the date of posting; and (4) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(b) A person, other than the cited responsible person, who alters, mutilates, defaces, conceals, modifies, nullifies, destroys, removes, or otherwise interferes with the Enforcement Officer's intent to provide service of notice of an Administrative Citation posted pursuant to this section is guilty of a misdemeanor. ( Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-5.06. Administrative Citations: Content.
(a) The Administrative Citation shall contain at least the following information:
(1) Date, approximate time, and address or definite description of the location where the violation(s) was observed;
(2) A brief reference to the provision which has been violated and a description of the violation(s); (3) If the violation is correctable, an order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s); (4) The amount of the fine for the violation(s);
Created : 2022-05- 13 14:22:59 [EST]
(Supp. No. 10)
(5) An explanation of how the fine shall be paid and the time period by which it shall be paid; (6) A description of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the Administrative Citation; and (7) The name and signature of the Enforcement Officer and if possible the signature of the Responsible Person.
(b) The Administrative Citation, or copy thereof, shall be kept in the ordinary course of business of the issuing Department and shall be prima facie evidence of the facts contained therein. (c) The notice shall be prepared in triplicate and distributed as follows:
(1) The original shall be held by the issuing Department. (2) The first copy shall be forwarded to the Finance Department for tracking and pursuit of collection of fines. In City's discretion, information may be transmitted to an outside entity for collection. (3) The third copy shall be issued to the violator. The paper stock of the violator copy shall be of a weight appropriate for outdoor posting of the copy.
(Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-5.07. Satisfaction of Administrative Citation.
(a) Upon receipt of an Administrative Citation the Responsible Person shall both:
( 1) Pay the fine to the City within twenty-one (21) days from the issue date of the Administrative Citation.
Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action.
(2) Remedy the violation(s), if the violation(s) is/are of such a nature that it/they can be remedied. (b) When a Responsible Person is issued an Administrative Citation for a violation which pertains to a building, plumbing, electrical, or other similar structural or zoning issue, and does not create an immediate danger to health or safety, the violation shall be corrected within ten (10) days. (c) All other violations, including but not limited to violations that create a danger to health and/or safety, shall be corrected immediately.
(d) An issuing Department may grant an extension to complete required corrections if the Responsible Person has shown a good faith effort and progression in correcting the violation and no immediate danger to health or safety exists.
(Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-5.08. Appeal Process.
(a) Request for Hearing.
(1) Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing and returning it to the city within 30 days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed. (2) A request for hearing form may be obtained from the City Clerk.
Crea ted: 2022- 05-13 14 : 22 : 59 [EST]
(Supp. No. 10)
(3) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(4) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing. (b) Advance Deposit Hardship Waiver.
(1) Any person who intends to request a hearing to contest that there was a violation of the Code, or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver. (2) The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk, within ten days of the date of the administrative citation. (3) The requirement of depositing the full amount of the fine shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver. (4) The City Clerk may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City Clerk a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Clerk the person's actual financial inability to deposit the full amount of the fine in advance of the hearing. (5) If the City Clerk determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten (10) days of that decision or thirty (30) days from the date of the administrative citation, whichever is later.
(6) The City Clerk shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the City Clerk shall be final.
(7) The written determination of the City Clerk shall be served upon the person who applied for the advance deposit hardship waiver.
(c) Hearing Officer. The City Manager shall designate one or more Hearing Officers for the administrative citation hearing. The City Manager may maintain a list of qualified hearing officers. The employment performance evaluation, compensation and any benefit of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of any administrative citation fines that could be upheld by the Hearing Officer.
(d) Hearing Procedure.
(1) A hearing shall be set for not less than fifteen (15) and not more than sixty (60) days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place for the hearing at least ten days prior to the date of the hearing. (2) As nearly as practical, the hearing officer shall conduct the hearing consistent with the Administrative Procedures Act. The person contesting the citation may testify and present witnesses and evidence. (3) The failure of any recipient of an Administrative Citation to appear at the hearing constitutes a forfeiture of the fine unless that person has requested a hearing by written declaration. (4) The citation and documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. (5) The hearing officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the citation prior to issuing a written decision.
Created: 2022- 05- 13 14:22:59 [EST]
(Supp. No. 10)
(6) The hearing officer shall issue a written decision within ten days of the hearing to uphold or deny the citation and shall explain the reasons for the decision. The decision of the hearing officer shall be final. (7) If the hearing officer determines the citation should be upheld, the fine amount on deposit with the City shall be retained by the City. If the Hearing Officer determines that the citation should be upheld and the fine has not been deposited for any reason, the Hearing Officer shall set forth in the decision a payment schedule for the fine. Unless otherwise stated in the decision, fines shall be due and payable on the date the decision is issued. If the hearing officer determines the citation should not be upheld, any deposit shall be refunded.
(Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-5.09. Conduct of Administrative Hearings.
The following shall govern the administrative hearing process. (a) Materials received by the City from a person who requests an administrative hearing, or materials City staff desires to submit to the tribunal, shall be filed with the City Clerk. The City Clerk shall distribute copies of the materials to the parties before the proceedings. Except for agency briefs, the materials shall not be distributed to the tribunal except during the hearing. (b) Members of the tribunal shall avoid private, oral communications with any person who seeks or may seek an administrative review of an agency decision. When such communications occur, despite the member's best efforts to avoid them, the member shall announce the occurrence of such communication and, depending on the communications, may be asked to refrain from taking part in the proceedings.
(c) At the hearing, the City Attorney shall advise the tribunal and the City Prosecutor may represent agency staff if:
(1) There are no communications between City Attorney and the City Prosecutor on the subject matter of the appeal outside the presence of opposing counsel except that, after a decision has been rendered, City Attorney may inform the attorney for the prevailing party to prepare a draft decision. The draft decision shall be transmitted to both attorneys before submitting it to the tribunal.
(2) A person shall not advise the members of the tribunal in an administrative hearing in any of the following circumstances:
(i) The person has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage. (ii) The person is subject to the authority, direction, or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its pre-adjudicative stage. (d) A person may serve as an advisor at successive stages of an adjudicative proceeding. (Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1-5.10. Right of Judicial Review.
A person aggrieved by the decision of a hearing officer may obtain review by filing a petition for writ of mandate under Code of Civil Procedure Section 1094.6 within the time stated in Government Code Section 53069.4(a)(l).
Created: 2022-05- 13 14:22:59 [ EST]
(Supp. No. 10)
{Ord. No. 14-726, § 1, 12-2-2014)
Sec. 1-5.11. Failure to Pay Fines.
(a) The City may collect any past due administrative citation fine, code violation abatement costs, late payment charges, and any and all other related amounts owed to City, by use of all available legal means. (bl Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due, also shall be liable for the payment of any applicable late payment charges as established by the Council from time to time.
{c) Unless contrary to any other provision of law, citations not under appeal, and delinquent over twenty {20) calendar days, shall be subject to an additional charge every calendar month. The amount is to be established by resolution of the City Council from time to time. (Ord. No. 14-726, § 1, 12-2-2014)
CHAPTER 6. PROGRAM DURATION
Sec. 1.6-01. Adoption and Termination of Programs.
(a) Programs shall be adopted by the Council with a written statement of the purpose of the program, specific goals to be completed within at least five (S) years, and a budget for the duration of the program. As used in this Article, "program" is an activity involving an expenditure approved by the Council. A term in excess of five years may be approved by the Council on a finding by at least four affirmative votes that the longer term is necessary to properly evaluate the success of the program. (b) Programs shall terminate five (5) years from adoption unless a longer or shorter term is stated when the program is adopted. The Council may extend the term of a program by at least four affirmative votes if the program has satisfied its purpose and some goals and the remaining goals have not been accomplished for reasons beyond the control of the City. The Council may extend the term of a successful program by adopting an additional statement of purpose and goals and budget. (c) The City shall implement county, regional, state and federally mandated programs when the appropriate county, regional, state or federal agency provides a statement of t he purpose of the program and specific goals to be achieved. Programs mandated by county, regional, state or federal government shall be extended, notwithstanding failure to satisfy purposes of the program or the goals, but the Council shall transmit its findings to the presiding officer of each legislative body responsible for the mandate and to each state and federal legislator representing territory within the City. (Ord.No. 14-726, § 1, 12-2-2014)
Sec. 1.6-02. Implementation of Programs.
{a) The City Manager shall use best efforts to accomplish the purpose of programs and complete specific goals of programs in a timely fashion. The City Manager shall inform department heads of the purpose and goals of programs.
(b) The City Manager shall provide reports to the Council at least annually on the progress in achieving the purpose and goals of each program.
(Ord.No. 14-726, § 1, 12-2-2014)
Created : 2022-05- 13 14:22:59 [EST]
(Supp. No. 10)
Sec. 1-7.01. Adoption of Seal.
- Code of Ordinances
TITLE 1 - GENERAL PROVISIONS
CHAPTER 7. CITY SEAL
CHAPTER 7. CITY SEAL
(a) A corporate seal for the City is hereby adopted and established as the official seal of the City. (b) The official seal shall be circular in form, not less than two inches in diameter. Around its circumference shall appear the words "California City, California" and, within, the words "Incorporated 1965". The basic design may be enhanced by additional design elements adopted by the City Council, as provided in paragraph (c). (c) The official seal is described as follows:
A circular shield depicting a representation of a Twenty Mule Team carrying borax through the Mojave Desert past a Joshua Tree with the sun rising over the mountains in the background, above an image on the bottom left of a sailboat in California City's Central Park Lake sailing in front of the waterfall, and the California flag on the bottom right.
(d) The City Clerk shall have the custody of the corporate seal. The use of the corporate seal shall be for purposes directly connected with official business of the City. The City seal shall not be used by any person or group without first obtaining the prior consent of the City Clerk as provided in this section. (e) City Clerk is empowered to authorize individuals or groups to use the City seal, provided the use has been approved in advance by the City Council. This includes authorizing use of the City seal in conjunction with items offered for sale by the City, for the purpose of promoting the City. Prior to authorizing such use, the City Clerk shall obtain a plan describing the items that would bear the City seal. The plan shall include the criteria used in determining the proposed items, and an analysis of the marketability of each item. Only those items bearing the City seal that have been authorized by the City Council pursuant to this Section may be offered for sale.
(f) Every person who, without the prior approval of the City Council, uses or allows to be used the City seal or any copy or reproduction of the City seal, whether maliciously or for commercial purposes, or in a manner contrary to this section or state law, or in any manner whatsoever, is guilty of a misdemeanor. (Ord. No. 14-726, § 1, 12-2-2014)
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05-13 14: 22:59 [EST)
Sec. 3-1.101. Adoption of Budget.
- Code of Ordinances
TITLE 3 FINANCE
TITLE 3 FINANCE
CHAPTER 1. GENERAL
ARTICLE 1. BUDGET
(a) The City Manager shall present a proposed budget to the Council prior to June 1 of each year. (b) The Council shall approve a budget by September 1 of each year.
Sec. 3-1.102. Modification of Budget.
The City Manager shall recommend modifications of the budget to the Council if the approved budget is inadequate due to events occurring subsequent to the approval of the budget.
Sec. 3-1.103. Implementation of Budget.
The City Manager shall implement the approved budget. Expenditures shall be made in accordance with the approved budget and purchasing procedures set forth in this Code. No expenditure shall be made unless the budget appropriates money for the expenditure. Every recommendation for expenditure shall be accompanied by a reference to a budget appropriation.
(Ord. No. 07-650, 7-3-2007)
ARTICLE 2. REPORTS
Sec. 3-1.201. General.
This Article describes the financial reports to be filed annually by the City.
Sec. 3-1.202. Appropriations limit.
Prior to adopting a budget, the council shall establish an appropriations limit by resolution.
Sec. 3-1.203. Filing of Budget.
By September 1 of each year, the City Clerk shall file a copy of the budget for the current fiscal year with the County Auditor.
California City, California, Code of Ordinances
(Supp. No. 10)
Created: 2022-05- 13 14: 23 :08 [EST]
Sec. 3-1.204. Voter-Approved Indebtedness.
By September 1 of each year, the Finance Officer shall file a statement of voter-approved indebtedness for the current fiscal year with the State Controller.
Sec. 3-1.205. Ad Valorem Tax for Indebtedness and Assessments.
By September 1 of each year, the Council shall establish by resolution the ad valorem tax necessary to pay prior approved indebtedness and assessments for the current fiscal year. The Finance Officer shall transmit a certified copy of the resolution to the Kern County Board of Supervisors, Kern County Auditor and Tax Collector.
Sec. 3-1.206. Financial Statement.
(a) By September 1 of each year, the Finance Officer shall file a statement of financial condition for the prior fiscal year with the State Controller using the Uniform System of Accounts. (b) The Finance Officer shall cause the preparation of an audit prepared by a certified public accountant.
Sec. 3-1.207. Investments.
By August 1 of each year, the Finance Officer shall present a written report for the prior fiscal year to the Council on investments, including compliance with the City's investment policy and recommendations for revisions to the investment policy.
Sec. 3-1.208. Deferred Improvement Funds: Reports.
(a) The Treasurer shall present quarterly reports on cash flow and the investments of the money in the SDI Fund to the SDI Advisory Committee, City Manager and the City Council. The report shall show: the type of investment; date of investment; how title is held; institution; date of maturity; par value; amount of each investment; current market value for all securities with a maturity of more than twelve (12) months; rate of interest; confirmation that each investment is consistent with this investment policy; information showing expenditure requirements can be met in the following quarter; and specify which investments were made pursuant to Government Code Sections 53601(i), 53601.1 and 53635(i). For money managed by LAIF, a county investment pool, or placed in FDIC insured accounts, the Treasurer may use the statement from these institutions in lieu of a separate report.
(b) The City Manager, Finance Director and SDI Advisory Committee (hereinafter collectively Investment Review Committee) shall review this investment policy annually on or about July 1st of each year and recommend changes as necessary to meet the above stated investment goals. The City Council shall consider any such recommendations made by the Investment Review Committee at a public meeting.
ARTICLE 3. FUNDS
Sec. 3-1.301. General Fund.
Unless otherwise provided by law, including this code, money received by the City shall be deposited in the "general fund." Money in the general fund may be used for any lawful purpose.
Created : 2022-05-13 14: 23 :03 [EST]
(Supp. No. 10)
Sec. 3-1.302. Special Fund: Interest And Redemption.
Money collected to pay interest and redemption charges on bonded indebtedness shall be deposited in a special fund known as an "interest and redemption fund." A separate interest and redemption fund shall be established for each indebtedness.
Sec. 3-1.303. Gas Tax.
(a) To comply with state law, there is created in the City treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund."
(b) Monies received by the City from the State pursuant to State law for the acquisition of real property or interest therein for, or the construction, maintenance, or improvement of streets or highways, other than State highways, shall be paid into the Special Gas Tax Street Improvement Fund. (c) Monies in the special Gas Tax Street Improvement Fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of the State law under which the money is paid to the City.
Sec. 3-1.304. Special Fund: Deferred Improvement Fund.
Money paid by SDI Lot Owners for SDI Improvements shall be deposited in a special fund known as the "SDI Fund." The money in the SDI Fund shall be invested until needed. The money in the SDI Fund shall be expended only as stated in this Chapter.
(Ord. No. 99-569, 7-6-1999)
Sec. 3-1.305. Water Fund.
Money collected for water service shall be deposited in a special fund known as the "water fund." The money in the water fund shall be expended only to provide water service. (Ord. No. 01-587, 3-20-2001)
Sec. 3-1.306. Sanitation Fund.
Money collected for sanitary service shall be deposited in a special fund known as the "sanitation fund." The money in the sanitation fund shall be expended only to collect, treat and dispose of sewage. (Ord. No. 01-587, 3-20-2001)
Sec. 3-1.307. Scholarship Fund.
Money donated to the "Keeper of the Light Scholarship Fund" shall be deposited in a special fund known as the "scholarship fund." The money in the scholarship fund shall be expended only to provide scholarships. (Ord. No. 01-587, 3-20-2001)
CHAPTER 2. REVENUE
Created : 20U-05-13 14: 23:03 [EST]
(Supp. No. 10)
Sec. 3-2.1.101. General.
- Code of Ordinances
TITLE 3 - FINANCE
CHAPTER 2. - REVENUE
ARTICLE 1. TAXES
ARTICLE 1. TAXES
DIVISION 1. PROPERTY
Taxes and assessments shall be levied, collected and spent as provided in this section.
Sec. 3-2.1.102. Ad Valorem Taxes.
(a) The City shall spend ad valorem taxes levied to pay for indebtedness only to repay that indebtedness. (b) The City shall spend ad valorem taxes not levied to pay for indebtedness for any lawful purpose.
Sec. 3-2.1.103. Special Taxes.
The City may levy special tax after conducting a duly-noticed public hearing and securing voter-approval as required by law. Special taxes shall be spent for the purposes stated in the ballot measure approving the tax.
Sec. 3-2.1.104. General Taxes.
The City shall levy general taxes with the approval of a majority of the voters as required by state law.
Sec. 3-2.1.105. Transfer of Assessment and Collection to County. (a) Pursuant to Sections 51500 through 51521 of the Government Code, assessment and tax collection duties and the collection of assessments levied for municipal improvements are transferred to the Assessor and Tax Collector of the County.
(b) Pursuant to Section 51507 of the Government Code, the duties of the City Assessor, other than the assessing of City property, and the duties of the Tax Collector, other than the collection of taxes, are transferred to the City Clerk or such officer of the County as may by contract with the City be designated and authorized to perform such duties.
(c) The offices of City Assessor and City Tax Collector are abolished.
DIVISION 2. TRANSFER
Sec. 3-2.1.201. Title.
This division shall be known as the "Real Property Transfer Tax Law of the City of California City." It is adopted pursuant to Part 6. 7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code.
California City, California, Code of Ordinances
(Supp. No. 10)
Created : 2022- 05-13 14: 23:05 [EST]
Sec. 3-2.1.202. Taxes Imposed.
There is imposed on each deed, instrument, or writing by which any lands, tenements, or other realties sold within the City shall be granted, assigned, transferred, or otherwise conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale), a tax not to exceed $100.00 at the rate of 272 cents for each $500.00 or fractional part thereof.
Sec. 3-2.1.203. Taxes: Persons Responsible for Payment.
The tax shall be paid by any person who makes, signs, or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed, or issued.
Sec. 3-2.1.204. Exemptions.
(a) The tax shall not apply to an instrument in writing given to secure a debt. (bl The United States, or any agency or instrumentality thereof, any state or territory or political subdivision thereof, or the District of Columbia shall not be liable for the tax imposed by this division with respect to any deed, instrument, or writing to which such governmental agency is a party, but the tax may be collected by assessment from any other party liable therefor.
(c) The tax shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment:
(1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subsection (m) of Section 205 of Title 11 of the United States Code, as amended; (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subsection (3) of Section 506 of Title 11 of the United State Code, as amended; or (4) Whereby a mere change in identity, form, or place of organization is affected. (d) The tax shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subsection (2) of Section 1083 of the Internal Revenue Code of 1954, but only if:
(1) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code relating to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; and (3) Such conveyance is made in obedience to such order. (e) In the case of realty held by a partnership, no levy shall be imposed by this division by reason of a transfer of an interest in a partnership or otherwise if:
(1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of the Internal Revenue Code; and
(2) Such continuing partnership continues to hold the realty concerned. (fl If there is a termination of any partnership within the meaning of the provisions of the Internal Revenue Code, such partnership shall be treated as having executed an instrument whereby there was conveyed, for Created: 2022-05-13 14:23:04 [EST)
(Supp. No. 10)
fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination.
(g) Not more than one tax shall be imposed pursuant to this article by reason of a termination described in this subsection, and any transfer pursuant, with respect to the realty held by such partnership at the time of such termination.
Sec. 3-2.1.205. Administration.
The County Recorder shall administer this division in conformity with Part 6. 7 of Division 2 of the Revenue and Taxation Code and County ordinances.
Sec. 3-2.1.206. Claims for Refunds.
Claims for the refund of the taxes imposed by this division shall be governed by Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code.
DIVISION 3. SALES AND USE
Sec. 3-2.1.301. Title.
This division shall be known as the "Uniform Local Sales and Use Tax Law of the City of California City." Sec. 3-2.1.302. Purposes.
This division is adopted to achieve the following purposes, among others, and this division shall be interpreted to accomplish t hose purposes:
(a) To adopt a sales and use tax law which complies with the requirements and limitations set forth in Part
1.5 of Division 2 of the Revenue and Taxation Code;
(b) To adopt a sales and use tax law which incorporates provisions identical to those of the Sales and Use Tax Law of the State insofar as those provisions are not inconsistent with the requirements and limitations set forth in Part 1.5 of Division 2 of the Revenue and Taxation Code; (c) To adopt a sales and use tax law which imposes a tax and provides a measure therefor which can be administered and collected by the State Council of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Council of Equalization in administering and collecting the sales and use taxes of the State; and
(d) To adopt a sales and use tax law which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code of the State, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this division.
Sec. 3-2.1.303. Contract with State Board of Equalization.
The City has contracted with the State Board of Equalization to perform the functions incident to the administration and operation of this division.
Created; 2022-05-13 14:23:04 [EST]
(Supp. No. 10)
Sec. 3-2.1.304. Sales Taxes Imposed.
(a) For the privilege of selling tangible personal property at retail, a tax is imposed upon retailers in the City on the gross receipts of the retailer from the sales of tangible personal property sold at retail in the City. (b) The rates of the sales taxes and use taxes imposed by the provisions of this division shall be one (1) percent.
Sec. 3-2.1.305. Place of Sales.
Retail sales shall be consummated at the place of business of the retainer unless the tangible personal property sold is delivered by the retailer or agent to an out-of-state destination. The gross receipts from such sales shall include the delivery charges when such charges are subject to the State sales and use taxes, regardless of the place to which delivery is made. If a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations prescribed and adopted by the State Board of Equalization.
Sec. 3-2.1.306. Use Taxes Imposed.
An excise tax is imposed on the storage, use, or other consumption in the City of tangible personal property purchased from retailer for storage use, or other consumption in the City at the rate set for herein on the sales price of the property. The sales price shall include the delivery charges when such charges are subject to the State sale and use taxes, regardless of the place to which delivery is made.
Sec. 3-2.1.307. Adoption of State Law Provisions.
(a) Except as otherwise provided in this division and except insofar as they are inconsistent with part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are adopted and made a part of this division as though set forth in this division in full. (b) In adopting Part 1 of Division 2 of the Revenue and Taxation Code, wherever the State is named or referred to as the taxing agency, the name of the City shall be substituted. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Council of Control, the State Board of Equalization, the State Treasury, or the constitution of the State. The substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of the provisions of this division. The substitution shall not be made in those sections, including, but no necessarily limited to, sections referring to the exterior boundaries of the State where the result of the substitution would be to provide an exemption from sales and use taxes with respect to certain sale, storage, use, or other consumption of tangible personal property which would not otherwise be exempt from sales and use taxes while such sales, storage, use, or other consumption remains subject to taxation by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose sales and use taxes with respect to certain sales, storage, use, or other consumption of tangible personal property which would not be subject of taxation by the State under the said provisions of the Revenue and Taxation Code. The substitution shall not be made in Section 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, and 6828 of the Revenue and Taxation Code. The substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.
Created : 2022-05- 13 14:23:04 [EST]
(Supp. No. 10)
Sec. 3-2.1.308. Permits Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this division.
Sec. 3-2.1.309. Exclusions for Measure of Tax.
There shall be excluded from the measure of sales and use taxes:
(a) The amount of sales or use tax imposed by the State upon a retailer or consumer; (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to sales taxes under a sales and use tax enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by city and county, county, or city in the State; (c) The gross receipts from sales to, and the storage, use, or other consumption of property purchased by operators of common carriers and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally outside the City; and ( d) The storage or use of tangible personal property in the transportation or transmission of persons, property, or communications, or in the generation, transmission, or distribution of electricity, or in the manufacture transmission, or distribution of gas in intrastate, interstate, or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State.
Sec. 3-2.1.310. Exemptions from Tax.
(a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer.
(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with provisions of Part 1.5 of Division 2 of the Revenue and Taxation code by any city and county, county, or city in this State shall be exempt from the tax due under this division.
(c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes.
(d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales t ax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
Sec. 3-2.1.311. Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the State or the City, or against an officer of the State or the City, to prevent or enjoin the collection of any taxes or any amount of taxes required to be collected pursuant to this division or Part
1.5 of Division 2 of the Revenue and Taxation Code.
Created : 2022- 05- 13 14:23:04 [ EST]
(Supp. No. 10)
Sec. 3-2.1.401. Title.
- Code of Ordinances
TITLE 3 - FINANCE
CHAPTER 2. - REVENUE
ARTICLE 1. - TAXES
DIVISION 4. TRANSIENT OCCUPANCY
DIVISION 4. TRANSIENT OCCUPANCY
This division shall be known as the "Uniform Transient Occupancy Tax Law of the City of California City." Sec. 3-2.1.402. Definitions.
The following terms are defined for the purposes of this division:
(a) "Hotel" means a structure, or portion of a structure, occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, including a hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house-trailer at a fixed location, or other similar structure, or portion thereof.
(b) "Occupancy" means the use or possession, or the right to the use or possession of a room, or portion thereof, in a hotel for dwelling, lodging, or sleeping purposes. (c) "Operator" means the person who is the proprietor of the hotel, whether in the capacity of owner, sublessee, mortgagee in possession, licensee, or other capacity. Where the operator performs a function through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this division and shall have the same duties and liabilities as a principal. Compliance with this division by the principal or the managing agent shall be considered compliance by both.
(d) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor, or otherwise, including receipts, cash, credits, property, and services of any kind or nature, without deduction whatsoever. (e) "Tax Administrator" means the City Oerk.
(f) "Transient" means a person who exercised occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods ohime extending both prior and subsequent to the effective date of the provisions of this division may be considered.
Sec. 3-2.1.403. Taxes Imposed.
For the privilege of occupancy in a hotel, each transient shall be subject to and shall pay tax in the amount of 6% of the rent charged by the operator.
Such tax shall constitute a debt owed by transient to the City, which debt shall be extinguished only by payment to the operator or to the City. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.
California City, California, Code of Ordinances
{Supp. No. 10)
Created : 2022·05·13 14: 23:04 [EST)
If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require such tax be paid directly to the Tax Administrator.
Sec. 3-2.1.404. Exemptions.
No tax shall be imposed upon:
(al A person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax;
(bl A federal or state officer or employee when on official business; or (cl An officer or employee of a foreign government, which officer or employee is exempt by reason of express provisions of federal laws or international treaties.
No exemption shall be granted except upon a claim made at the time the rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator.
Sec. 3-2.1.405. Operators' Duties.
Each operator shall collect the tax imposed by this division to the same extent and at the same time as the rent is collected from the transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state directly or indirectly, the tax, or any part, will be assumed or absorbed by the operator, or it will not be added to the rent, or, if added, any part will be refunded except in the manner provided in this division.
Sec. 3-2.1.406. Registration.
Within thirty (30) days after commencing business, each operator of a hotel renting an occupancy to transients shall register such hotel with the Tax Administrator and obtain from him a "Transient Occupancy Registration Certificate" which shall at all times be posted in a conspicuous place on the premises. Such certificate shall, among other things, set forth the following information:
(al The name of the operator;
(bl The address of the hotel;
(cl The date upon which the certificate was issued; and (d) A statement as follows:
"This Transient Occupancy Registration Certificate signifies the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Law by registering with the Tax Administrator for the purpose of collecting from transients the transient occupancy tax and remitting such tax to the Tax Administrator. This certificate shall not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any Council, commission, department, or office of this City." Sec. 3-2.1.407. Reporting and Remitting.
Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter operating period which may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Cr eated : 2022-05-13 14: 23 :04 [EST]
(Supp. No. 10)
Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if necessary to ensure collection of the tax, and require further information in the return. Returns and payments shall be due immediately upon cessation of business. Taxes collected by operators pursuant to this division shall be held in trust for the account of the City until payment is made to the Tax Administrator.
Sec. 3-2.1.408. Penalties and Interest.
(a) An operator who fails to report and remit the tax imposed by this division within the time required shall pay a penalty in the amount of ten percent of the tax in addition to the amount of the tax. (b) An operator who fails to remit a delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay a second delinquency penalty in the amount of ten percent of the tax in addition to the amount of the tax and the ten percent first imposed. (c) If the Tax Administrator determines the nonpayment of a remittance due pursuant to this division is due to fraud, a penalty in the amount of twenty-five percent of the amount of the tax shall be added in addition to the penalties set forth above.
(d) In addition to the penalties imposed, an operator who fails to remit the tax imposed by this division shall pay interest at the rate of ½% per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Every penalty imposed, and such interest as accrued, pursuant to this section, shall become a part of the tax required to be paid by this division.
Sec. 3-2.1.409. Failure to Collect and Report Taxes: Determinations by Tax Administrator. (a) If an operator fails or refuses to collect such tax and to make, within the time provided in this division, the report and remittance of such tax, or any portion required by this division, the Tax Administrator shall proceed in such manner deemed best to obtain the facts and information on which to base an estimate of the tax.
(b) When the Tax Administrator procures such facts and information upon which to base the assessment of the tax payable by the operator who has failed or refused to collect the same and to make such report and remittance, the Tax Administrator shall determine and assess against such operator the tax, interest, and penalties provided for in this division.
(c) If such determination is made, the Tax Administrator shall give notice of the amount so assessed by serving it personally or depositing it in the United States mail, postage prepaid, addressed to the operator at the last known place of address.
(d) An operator may, within ten days after the service or mailing of the notice, make an application in writing to the Tax Administrator for a hearing on the amount assessed. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the Tax Administrator, shall become final and conclusive and immediately due and payable. If such an application is made, the Tax Administrator shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in such notice why the amount specified should not be fixed for such tax, interest, and penalties. (e) At such hearing the operator may appear and offer evidence why such specified tax, interest, and penalties should not be so fixed. After such hearing, the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner set forth in this section of such determination and the amount of such tax, interest, and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is filed.
Created: 2022-05-13 14:23: 04 (EST)
(Supp. No. 10)
(f) An operator aggrieved by the decision of the Tax Administrator with respect to the amount of tax, interest, and penalties, may appeal to the Council by filing a notice of appeal with the City Clerk within fifteen days after the service or mailing of the determination of the tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at the last known place of address. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this division for the service of a notice of hearing. The amount found to be due shall be immediately due and payable upon the service of notice.
Sec. 3-2.1.410. Records.
Every operator liable for the collection and payment of tax imposed by this division shall keep and preserve, for a period of three years, records necessary to determine the amount of such tax. The Tax Administrator may inspect the records at reasonable times.
Sec. 3-2.1.411. Refunds.
(a) Whenever the amount of any tax, interest, or penalty has been overpaid, or paid more than once, or erroneously or illegally collected or received, such amount may be refunded if a claim is filed in writing stating under penalty of perjury the specific grounds upon which the claim is founded, with the Tax Administrator within three years after the date of payment. The claim shall be on forms furnished by the Tax Administrator.
(b) An operator may claim a refund or take as a credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator the person from whom the tax has been collected was not a transient. A refund or a credit shall not be allowed unless the amount of the tax so collected has been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by the City by filing a claim, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator the transient has been unable to obtain a refund from the operator who collected the tax.
(d) No refund shall be paid pursuant to this section unless the claimant establishes a right by written records.
Sec. 3-2.1.412. Actions to Collect.
The tax required to be paid by a transient pursuant to this division shall be deemed a debt owed by the transient to the City. Such tax collected by an operator but not paid to the City shall be deemed a debt by the operator to the City. Any person owing money to the City pursuant to this division shall be liable to an action brought in the name of the City for the recovery of such amount.
Sec. 3-2.1.413. Violations: Penalties.
An operator or other person who fails or refuses to register as required, or to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim shall be guilty of a misdemeanor and punishable as set forth in this Code.
A person required to make, render, sign or verify a report or claim and who makes a false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this division to be made, shall be guilty of a misdemeanor and punishable as provided in this Code.
Cr eated : 2022-05-13 14:23:04 [EST)
(Supp. No. 10)
Sec. 3-2.1.501. Short title.
- Code of Ordinances
TITLE 3 - Fl NANCE
CHAPTER2. -REVENUE
ARTICLE 1. - TAXES
DIVISION 5. SPECIAL PARCEL TAX
DIVISION 5. SPECIAL PARCEL TAX
This Division may be referenced to as the California City Public Safety Only Special Parcel Tax Ordinance of 2018.
(Ord.No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.502. Tax levied.
An annual special tax is hereby levied by the City on all lots and parcels within the boundaries of the City other than lots and parcels that (i) are exempt from this tax pursuant to the Constitution or laws of the United States or of the Constitution or laws of the State of California or (ii) are exempt from the ad valorem property tax or have an ad valorem property tax liability of zero.
(Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.503. Maximum rate.
The rate of the tax against each lot and parcel in any tax year shall not exceed fifty cents per day, less the daily per parcel rate reduction for that tax year calculated pursuant to Section 3-2.1.504. (Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.504. Rate reduction.
(a) For each tax year, the Finance Director shall calculate a daily per parcel rate reduction. He or she shall present his or her calculation of the rate reduction to the City Council as part of the budget process. (b) The daily per parcel rate reduction shall be the amount, calculated on a per parcel per day basis (and rounded down to the nearest cent), that would be necessary to raise an amount of revenue equal to ninety percent of "new revenue."
(c) For purposes of this section, "new revenue" means the amount calculated by subtracting the "qualified revenue" collected in Fiscal Year 2017-2018 from the "qualified revenue" collected (or projected by the Finance Director to be collected) during the fiscal year immediately prior to the current tax year. For example, for purposes of calculating the rate reduction applicable to the tax levied in Tax Year 2020-2021, "new revenue" would be calculated by subtracting the "qualified revenue" collected in Fiscal Year 2017-2018 from the "qualified revenue" collected in Fiscal Year 2019-2020. (d) For purposes of this section, "qualified revenue" means all tax receipts from (i) the ad valorem property tax; (ii) the sales and use tax imposed pursuant to the Uniform Local Sales and Use Tax Law of the City of California City; and (iii) the cannabis business tax imposed pursuant to Section 3-2.8.050 of this Code. (Ord. No. 18-767, § 1, 7-31-2018)
California City, California, Code of Ordinances
(Supp. No. 10)
Cr eated: 2022-05-13 14 : 23:05 [EST]
Sec. 3-2.1.505. Annual proceedings.
The City Council is authorized to determine for each tax year, by ordinance or resolution, the tax levied against each lot or parcel. The tax for a tax year shall be calculated based on a single flat rate per lot or parcel. The ordinance or resolution shall list each taxed lot or parcel by assessor's parcel number. The ordinance or resolution shall constitute the official record of the assessment of the special tax, and a copy thereof, together with any other pertinent data, shall be transmitted to the appropriate county officials to facilitate collection of the tax.
The tax levied against any lot or parcel pursuant to this section for a tax year shall be no greater than 365 (or 366 if the tax year contains a leap day) times the daily rate permissible pursuant to Section 3-2.1.503. ( Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.506. Collection.
The tax shall be collected by the County of Kern in the same manner and subject to the same penalty and procedure as ad valorem property taxes collected by the county. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The county may deduct its reasonable costs incurred for the service before remittal of the balance to the city. (Ord.No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.507. Use of funds.
All tax proceeds received shall be divided evenly between two (2) special funds: (i) the Police Special Tax Fund and (ii) the Fire/EMS Special Tax Fund.
Funds in the Police Special Tax Fund, and earnings thereon, shall be used only for police equipment, vehicles, supplies, training, facilities, administrative expenses, operating expenses (including dispatch), maintenance expenses, personnel costs and associated overhead costs.
Funds in the Fire/EMS Special Tax Fund, and earnings thereon, shall be used only for fire, emergency medical services, code enforcement, equipment, apparatus, vehicles, supplies, training, facilities, administrative expenses, operating expenses (including dispatch); maintenance expenses, fire prevention program expenses, personnel costs and associated overhead costs.
(Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.508. Accountability.
For so long as proceeds of the tax remain unexpended, the Finance Director of the City shall file an annual report with the City Council stating the amount of taxes collected, the amount expended, and the purpose of the expenditures. Such annual report shall relate to the Fiscal Year most recently ended and may be incorporated into or filed with the annual budget, audit or other appropriate routine report to the City Council. (Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.509. Duration.
The levy of tax shall commence with tax year 2018-19. The final levy of the tax shall be for tax year 2023- 2024, unless the tax is extended by a vote of the people.
Cr eat ed: 2022-05·13 14 : 23:05 [EST)
(Supp. No. 10)
(Ord. No. 18-767, § 1, 7-31-2018)
Sec. 3-2.1.510. Amendment.
The City Council may, by ordinance, amend, repeal, renumber or recodify any or all of the provisions of this section; provided, however, that no ordinance extending the tax beyond the dates set forth in Section 3-2.1.509 or increasing the maximum rate of the tax shall be effective unless submitted to, and approved by, the voters of the City as required pursuant to the applicable law at the time of such action (Ord.No. 18-767, § 1, 7-31-2018)
ARTICLE 2. ASSESSMENTS
Sec. 3-2.201. Assessments and Standby Charges.
The City may levy assessments, including standby charges, for operation and maintenance or to pay for capital improvements in accordance with the law.
ARTICLE 3. FEES AND CHARGES
DIVISION 1. GENERAL
Sec. 3-2.3.101. General.
(a) The Council shall establish fees sufficient to recover the cost of operating and maintaining service. The fees shall not exceed the reasonable cost of the service.
(b) The Council shall establish charges sufficient to recover the cost of constructing capital improvements requested by customers.
Sec. 3-2.3.102. Procedure.
The Council shall conduct at least one public meeting and one public hearing prior to adopting or increasing a fee, other than a fee for water service. Notice of the meeting shall be provided as required by law.
Sec. 3-2.3.103. Annual Review.
At least annually, the Council shall review the rates, fees and charges for service. Adoption of the annual budget, with rate assumptions included therein, may constitute such review.
DIVISION 2. BUSINESS LICENSES
Sec. 3-2.3.201. Licenses: Required.
It shall be unlawful for a person to commence, maintain, conduct, or carry-on a business within the City without having first obtained a license as provided in this Chapter. It shall be unlawful for a person to conduct or Created: 2022-05- 13 14:23:05 [EST]
(Supp. No. 10)
assist in conducting such business after the date of such suspension or revocation without having again procured a license to do so as provided in this division.
Sec. 3-2.3.202. Definitions.
The following terms are defined for the purposes of this division:
(a) "Business" means that which occupies the time, attention, and labor of a person for the purpose of livelihood or profit.
(b) "Doing business" means the exercise of some of the functions, or the carrying on, of business to the extent of the performance of an act giving rise to some legal obligation. Doing business includes acts which are compensated or reimbursed by donations or contributions in due course where they are the chief source of such livelihood or profit.
(c) "Person" means and includes a person doing business under a fictitious name, association of individuals, partnerships, clubs, firms and corporations.
Sec. 3-2.3.203. Licenses: Applications.
(a) A person desiring to obtain a business license shall file a written application with the City Clerk. The applicant may request licenses for more than one business if such businesses are to be conducted at the same place.
Individual licenses shall be issued for each business. The applicant for a business license shall simultaneously apply for a separate sign permit for each sign associated with the business. (b) Applications shall contain the following information:
(1) The name and place of residence of the applicant, if a natural person, and the name and business of the applicant, if a corporation;
(2) Where the applicant proposes to conduct such business. If the business will not be conducted at a fixed place, the territory to be covered;
(3) The nature of the business and, if more than one kind of business is proposed, each kind of business the applicant desires to operate;
(4) A statement the applicant is the only person interested in conducting such business; (5) If known, a statement of the name and address of the owner and the names and addresses of lessees sharing the premises;
(6) A statement whether a license or order authorizing a license formerly issued to such applicant or agent, or person interested in such business has been canceled or revoked by the City; (7) The applicant's resale tax permit number or numbers, if any; (8) Every employer who applies for a license or renewal shall provide proof of compliance with workers' compensation laws; and
(9) If the applicant is subject to the licensure requirements of the Business and Professions Code, the applicant shall sign a statement that the applicant is duly licensed under the Business and Professions Code.
(c) Suitable application forms for original applications and renewal forms for the renewal of existing licenses shall be furnished by the office of the City Clerk.
Created : 2022-0S-13 14 :23:0S [ EST]
(Supp. No. 10)
( d) Applications shall be verified by the oath of the applicant, if a natural person, of by the oath ofone of the officers of the corporation, if a corporation, in the same manner as pleadings in civil actions in the State are required to be verified.
(Ord. No. 10-686, 3-16-2010)
Sec. 3-2.3.204. Licenses: Granting or Denial.
(a) The City Clerk may make such investigation of the application as necessary. The City Clerk may grant or deny such application.
(b) If the application is denied, the City Clerk shall inform the applicant by mail, setting forth the basis of the denial.
(c) The applicant may appeal the denial of the application by requesting hearing before the City Council, pursuant to Title 1 of this Code.
Sec. 3-2.3.205. Licenses: Content.
(a) The license shall distinctly specify it is subject to suspension, cancellation, or revocation and shall distinctly show the date of expiration. The license may be used as an annual license, certifying the payment of the full annual license fee.
(b) Licenses shall be issued for the fiscal year July 1 through June 30, provided in this chapter, or upon the death of the licensee, whichever occurs first.
(Ord. No. 05-628, 7-19-2005)
Sec. 3-2.3.206. Licenses: Renewal.
Licenses shall be renewable on the first day of each fiscal year, without demand. License fees shall be paid to the City Clerk.
Sec. 3-2.3.207. Licenses: Exhibiting on Demand.
The person conducting a business shall post the license in a conspicuous place at the place of business.
Sec. 3-2.3.208. Licenses: Suspension or Revocation.
(a) The City Clerk shall revoke or suspend the license if the licensee violates this chapter. (b) After receipt of notice of suspension or revocation of a license by the City Clerk, the licensee may file a written appeal requesting hearing before the City Manager, pursuant to Title 1 of this Code. (c) If the City Manager determines the licensee or the licensee's agents, employees, officers, or representatives have committed any of the following acts, the City Manager shall sustain the suspension, cancellation, or revocation of the license:
(1) Not been sober or suitable persons to conduct, manage, control, or carry on such business; (2) Willfully done acts not authorized by the license;
(3) Not kept, conducted, maintained, or carried on in a quiet, orderly, decent, or lawful manner such business;
Cr eated: 2022-05- 13 14: 23 :05 [EST]
(Supp. No. 10)
(4) Willfully or knowingly permitted violations of the provisions of this Code or the laws of the State; (5) Used fraud or misrepresentation in obtaining the license for such business; (6) Failed to observe the provisions of this Code or the laws of the State; or (7) Willfully failed or refused to appeal and answer all pertinent questions of the Council, or member in relation to past conduct and conditions in and about the business premises. (d) If the license is canceled or revoked, no further license shall be granted or issued to such person within one year. If the license is suspended, the period of suspension shall be for such time as the Council may direct. (Ord. No. 05-628, 7-19-2005)
Sec. 3-2.3.209. Licenses: Exemptions.
(a) This division shall not be construed to require the licensing of:
(1) a business, occupation, or activity carried on wholly for the benefit of a charitable purpose from which profit is not derived, either directly or indirectly, by any person, or to the conduct of any entertainment, dance, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts from such entertainment, dance, concert, exhibition, or lecture go to any church, school or religious or benevolent purpose within the City, or to a veteran, military, fraternal, or local Chamber of Commerce within the City. (2) A public utility operating under a franchise from this City and paying a franchise tax is subject to the provisions of this chapter only to the extent of a retail business in which the entity may engage within the City not subject to the franchise tax.
(3) A business, which supplies goods or services for resale. (4) Persons employed by a licensee.
(5) Independent contractors engaged by a licensee to work on a full-time basis. (b) Veterans, agents and employees of veterans are exempt from the payment of license fees, but not from the requirement to obtain a license, if the veteran has received an honorable discharge or a release from active duty under honorable conditions from such service and the veteran 's business consists in the hawking, peddling or vending of any goods, wares or merchandise owned by the veteran, except spirituous malt, vinous or other intoxicating liquor.
(Ord. No. 99-570, 7-20-1999}
Sec. 3-2.3.210. Licenses: Transferability.
No license shall be transferable where a license authorizes a person to transact business at a particular place, such licensee may be amended to authorize the transacting of such business at some other locat ion to which the business has been moved.
Sec. 3-2.3.211. License Fees.
(a) The City Council shall, from time to time, establish the amount required to be paid for annual license fees pursuant to this Chapter.
(b) The entire annual license fee shall be payable in advance at the time of the issuance of the license.
Creat ed : 2022-05-13 14: 23:05 [EST]
(Supp. No. 10)
(c) An applicant for a business license for a previously unlicensed business shall pay the fractional portion of the annual business license tax equal to the number of quarters remaining in the fiscal year at the time the application is filed with the City Clerk.
In computing the number of quarters remaining in the fiscal year, the entire quarter in which the application is filed shall be counted.
(d) No license shall be issued unless the place of business and the purposes and methods of conducting such business, conform to health, fire and zoning regulations.
Sec. 3-2.3.212. License Fees: Delinquencies.
License fees shall be delinquent if not paid on or before July 31 of the year in which the fee is due. For failure to pay a license tax when due, the City Clerk shall add a penalty in an amount from time to time established by the Council.
Sec. 3-2.3.213. Civil Actions Authorized.
Unpaid license fee or other amount payable may be recoverable in a civil action brought by the City for such purposes.
Sec. 3-2.3.214. Enforcement.
The City Clerk shall enforce this chapter. The Chief of Police shall render such assistance in the enforcement of this chapter as required by the City Clerk.
The City Clerk shall examine, or cause to be examined, places of business in the City to ascertain whether this chapter is satisfied. The City Clerk and any police officer acting for the City, may enter, free of charge and at reasonable times, a place of business required to be licensed by this chapter and demand an exhibition of the license. A person having such license in his possession who willfully fails to exhibit such license on demand is guilty of an infraction.
The City Clerk shall cause a complaint to be filed against persons found to be in violation of this chapter.
Sec. 3-2.3.215. Violations: Penalties.
Persons violating this chapter or knowingly or intentionally misrepresenting to any officer or employee of the City a material fact in procuring the license is guilty of an infraction.
ARTICLE 4. SALE OF SURPLUS PROPERTY
Sec. 3-2.401. General.
(a) Surplus property of the City shall be disposed of in accordance with the procedures set forth in this article. (b) Supplies and equipment may be sold without regard to the bidding procedures set forth in this article if the estimated value of the commodity is less than $500.00 or no bids were received after advertising for such bids at least two times.
Sec. 3-2.402. Definitions.
The following terms are defined for the purposes of this article unless otherwise apparent from context:
Creat ed: 2022-05-13 14 :23:05 [EST]
(Supp. No. 10)
(al "Formal bids" or "formal bidding" refers to the process by which the Purchasing Officer solicits bids by publishing a written notice inviting written bids on specifically described surplus property. (bl "Informal bids" or "informal bidding" refers to the process by which the Purchasing Officer seeks oral or written proposals by written notice.
(c) "Personal property" refers to supplies, goods or equipment. Fixtures shall be considered real property if the goods or equipment remain affixed to the land and shall be considered personal property if detached from the land.
(dl "Real property" refers to an estate or interest in land. (el "Surplus" means the condition which exists when real or personal property is no longer needed for City purposes.
Sec. 3-2.403. Surplus Personal Property.
(al The Purchasing Officer may declare personal property surplus to City needs provided that the estimated value of the property does not exceed $250.00. Purchasing Officer shall seek informal bids for the sale of personal property which he has declared to be surplus.
(bl The Council shall determine whether personal property of estimated value of more than $250.00 is surplus to City needs. The Purchasing Officer shall seek formal bids for the sale of any property which the Council has declared to be surplus.
Sec. 3-2.404. Surplus Real Property.
(al The Council shall determine whether real property is surplus to City needs. (bl Surplus real property shall not be sold unless the Council determines that the property is surplus to the City's park and recreation and low-cost housing needs and the Mojave Unified School District has declined to purchase the property from the City.
(cl The Purchasing Officer may sell real property which the Council has declared to be surplus if the successful bid is equal to or greater than the value determined by the Council. If the value of the bid is less than the value determined by the Council, the property shall not be sold without Council approval.
ARTICLE 5. INVESTMENTS
Sec. 3-2.501. Permitted Investments.
(al The Treasurer and Finance Director jointly may invest surplus monies of the City without first securing further Council approval in the Local Agency Investment Fund of the State of California or in the following additional types of investment:
(ll Time certificates of deposits issued by a nationally or state chartered bank or a state or federal association located within the State of California if secured by federal insurance or approved collateral at the required percentage of market value.
(2l United States treasury notes, bonds, bills, or certificates of indebtedness or those for which the full faith and credit of the United States are pledged for payment of principal and interest. (3l Bonds issued by the City.
Created: 2022-05- 13 14 :23:05 [EST]
(Supp. No. 10)
(4) Registered state warrants or treasury notes or bonds of the State of California or by a department board, agency or authority of the State.
(5) Bonds, notes, warrants for other evidences of indebtedness of any local agency within this state. (6) Obligations issued by banks or cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participation or other instruments of or issued by or fully guaranteed as to principal and interest by the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participation or other instruments of, or issued by a federal agency, or a United States Government sponsored enterprise. (7) Repurchase agreements of any securities authorized by this Code. (8) Time certificates of deposit issued by a nationally or state chartered bank or a state or federal association located outside of the State of California if secured by federal insurance. (b) No investment shall be purchased:
(1) On margin;
(2) "Forward" or "in the future";
(3) Which are based upon foreign currency;
(4) Which are shares of beneficial interest issued by diversified management companies as described in Government Code Section 53601(1);
(5) Which are inverse floaters, range notes, interest only strips derived from a pool of mortgages or any security resulting in zero interest if held to maturity. (c) Investments may be short-term or long-term in nature. Long-term investments are those which comply with the requirements of Government Code Sections 53601 et seq. and with a stated maturity date greater than five years from the date of purchase. No long-term investment shall be made unless the Council has granted express authority to make the investment either specifically or as a part of an investment program no less than three months prior to the investment purchase date.
Sec. 3-2.502. Permitted Investments: SDI.
(a) Money in the SDI Fund shall be invested when not needed for the purposes as stated in this article. The money shall not be invested in notes issued by the City or the Redevelopment Agency of the City of California City except in connection with a project contemplated by the SDI Agreements. (b) In making investments of money in the SDI Fund, the City shall comply with the limitations contained in the Government Code, including Section 53601, and this Chapter. If there is a conflict between State law and this Chapter, the most conservative investment rule shall prevail if the rule is permitted by State law. (c) The City Treasurer and Finance Director shall select the proper mix of investments. The primary investment goal is to safeguard the principal of the fund. The secondary investment goal is to meet liquidity needs of the SDI Fund. The third investment goal is to achieve return on investment. (d) When the investments mature or when other monies are available for investment, the monies may be invested in the Local Agency Investment Fund ("LAIF") pending more permanent investment. (e) The investments shall be held in the name of the City as trustee for the SDI Fund. Investment documents shall be held for safekeeping in the City vault or in a depository approved by the City Council. The City Council shall, from time-to-time, execute such documents as are necessary to provide evidence of trading authority as set forth herein.
Created: 2022-05-13 14:23:05 [EST]
(Supp. No. 10)
Sec. 3-2.503. Investment Procedure.
(a) In making the above investments the City shall observe the limitations contained in Government Code, including Section 53601, and stated in this Code.
(b) The Treasurer and Finance Director are responsible for selecting the proper mix of investments. The primary investment goal of the City is to safeguard the principal of the fund. The secondary investment goal is to meet liquidity needs of the City. The third investment goal is to achieve return on investment. ( c) When deposits or investments owned by the City mature or when other monies are available for investment or deposit, the monies may be deposited or invested in the Local Agency Investment Fund or other permitted investments.
(d) All investments shall be held in the name of the City. All investment documents shall be held for safekeeping in the City vault or in a depository approved by the Council. The Council shall, from time t o time, execute such documents as are necessary to provide evidence of the Treasurer's trading authority as set forth in this Code.
Sec. 3-2.504. Reports.
(a) The Treasurer shall present quarterly reports on investments to the City Manager and Council. The report shall show: the type of investment; date of investment; how title is held; institution; date of maturity; par value; amount of each investment; current market value for all securities with a maturity of more than 12 months; rate of interest; confirmation that each investment is consistent with this investment policy; information showing expenditure requirements can be met in the following quarter and specify which investments were made pursuant to Government Code Section 53601(1), 53601.1 and 53635{i). For money managed by LAIF, a county investment pool or placed in FDIC insured accounts, the Treasurer may use the statement from these institutions in lieu of separate report. (b) The City Manager, Finance Director and City Treasurer (hereinafter collectively "investment review committee") shall review all investments held by the City semi-annually on or about January 1 and July 1 of each year.
(c) This investment policy shall be reviewed annually or more often, as necessary. The Treasurer shall annually recommend a statement of investment policy. The Council shall consider the Treasurer's recommendation at a public meeting.
Sec. 3-2.505. Transitional Rules.
Investments held by the City as of the date of this Code which are contrary to the terms of this Code shall be divested by the Treasurer provided, investments which cannot be divested immediately without loss of earnings shall be divested at maturity.
Sec. 3-2.506. Custody of Investment Securities.
(a) Except certificates of deposits and diversified management accounts, the investment securities of the City shall be placed in the care of a third party custodian qualified to facilitate transactions. The custodian shall be appointed by the Council pursuant to contract. No money or security shall be withdrawn from City custody except upon written order of the Finance Director. The Finance Director may authorize the transfer of money and securities to and from the custodian electronically, provided that the Council has approved an agreement with the depository concerning the wire transfer of funds.
Crea ted : 2022-05-13 14: 23 :05 (EST]
(Supp. No. 10)
(b) The custodian shall account for the receipt of income from such investments and deposit such revenue in the City's account with the Local Agency Investment Fund (LAIF). If accrued income cannot be immediately deposited with LAIF, the custodian shall obtain government guaranteed repurchase agreements for up to twenty four hours.
(c) The custodian shall also account for the receipt of principal and deposit such amounts in the City's account with the LAIF unless instructed to use the proceeds to purchase another investment security, provided, all investments shall be in accord with the City's investment policy.
Sec. 3-2.507. Investment Intermediaries.
(a) To the extent practicable and feasible, all investments shall be purchased direct from the entity or institution offering the investments. If a permitted investment can be obtained only through a broker-dealer, underwriter or other intermediary, the Treasurer may make the investment through the intermediary, provided the City Council approves a written agreement with the intermediary covering the transaction. (b) Intermediaries must be pre-qualified as described in this section for the City to judge the integrity and competence of such persons and to familiarize such persons with the investment policies of the City. (c) Any intermediary who desires to conduct transactions with, or on behalf of, the City shall file an application for pre-qualification with the Finance Director containing the following information:
(1) Name
(2) Name of account representative
(3) Assets
(4) Proposed depository of securities
(5) Last quarterly financial statement
(6) Amount of insurance coverage for each account
If the Finance Director determines that the application is accurate, the appl icant shall be invited to make a presentation to the City Manager. At this presentation, the applicant shall be interrogated to determine qualifications and investment philosophy and the applicant shall be informed of the City's investment policies. If the City Manager determines that the applicant is capable of working within the City's investment policies, a Memorandum of Understanding concerning the applicant's role shall be presented to the Council for approval. (d) The Memorandum of Understanding between the City and an intermediary shall set forth:
(1) A duration of the agreement;
(2) The types of investments which the investment broker is authorized to handle; (3) The names of persons authorized to deal on behalf of the City with the intermediary and on behalf of the intermediary with the City;
(4) Any restrictions on the number of investments or maximum amount of investments; and (5) The term of the investments.
The Memorandum of Understanding shall also include an acknowledgment by the intermediary as to the scope and content of the City's investment policy.
(e) When it is advantageous to the City to use the services of an intermediary, the Treasurer shall solicit proposals from all intermediaries who have entered into Memoranda of Understanding with the City. The Treasurer shall then deal with the intermediary which has made the most favorable proposal.
Created : 2022- 05·13 14:23:05 [EST]
(Supp. No. 10)
Sec. 3-2.508. Review.
This investment policy shall be reviewed at least annually.
ARTICLE 6. UNCLAIMED PROPERTY
Sec. 3-2.601. Holding Period.
Unclaimed property in the possession of the City, with the exception of unclaimed bicycles, shall be held by the Police Department for a period of at least six (6) months. Unclaimed bicycles shall be held for a period of at least three (3) months.
Sec. 3-2.602. Sales at Public Auction.
Following the expiration of the holding period, unclaimed property shall be sold at public auction to the highest bidder.
Sec. 3-2.603. Sales at Public Auction: Notices.
Notices of the auction sales shall be given by the Chief of Police at least five(S) days before the time fixed for the sale by publication: once in the newspaper of general circulation; and by posting.
Sec. 3-2.604. Sales at Public Auction: Proceeds.
The proceeds of the auction sales shall be deposited in the General Fund.
Sec. 3-2.605. Exceptions.
(a) This chapter shall not apply to abandoned, wrecked, dismantled, or inoperative vehicles declared public nuisances pursuant to this Code.
(bl Unclaimed property shall be sold at auction to the highest bidder if unclaimed after six months. Instead of being sold at public auction to the highest bidder, bicycles or toys in the possession of the police department and unclaimed for at least sixty (60) days may be donated to a tax-exempt charitable or nonprofit organization having its principle place in the City and authorized by its articles of incorporation to prevent juvenile delinquency and for use in any program designed to prevent juvenile delinquency.
ARTICLE 7. ECONOMIC DEVELOPMENT
Sec. 3-2.701. Title.
This article may be called the "City of California City Economic Development Regulations." Sec. 3-2.702. Declaration of Necessity.
It is necessary and essential to the well-being of the City to provide financial assistance to promote the economic development of the City. Such economic development will serve the following public purposes and municipal affairs of the City:
Created: 2022-05-13 14:23:05 [EST]
(Supp. No. 10)
(a) The full and gainful employment of residents of the City; (b) The full and efficient utilization and modernization of existing industrial, commercial, and business facilities;
(c) The development of new industrial, commercial and business facilities; (d) The growth of the City's tax base through increased property values and consumer purchasing; (e) The reduction of the need for the costs of welfare and other remedial programs; (f) The reduction of urban ills, such as crime, attributable in part to inadequate economic opportunities; (g) The stability and diversification of the City's economy; (h) The lowering of the cost to City consumers of necessary goods and services; (i) The environmentally optimum disposition of waste materials of the City; and (j) The enhancement of the general economic prosperity, health, safety and welfare of the residents of the City.
The availability of the financial assistance authorized by this chapter will serve those purposes and the general plan of the City by providing private enterprises with new methods offinancial capital outlays that are beneficial to the City and its residents and by ensuring economic development within the City will reflect the local community's needs and objectives and will be environmentally optimum with respect to both the physical and social environment of the City. The City shall promote such public interests pursuant to this Chapter without adversely affecting areas outside the City and without conflicting with efforts by the State of California to solve problems of statewide concern.
Sec. 3-2.703. Definitions.
The following terms are defined for the purposes of this chapter:
(a) "The Act" means the California Industrial Development Financing Act. (b) "Authority" means the Industrial Development Authority established by the City pursuant to the Act. (c) "Council" means the governing Council of the Authority. The City Council of the City of California City is the governing Council of Authority.
(d) "Bonds" mean the bonds, notes, certificates, debentures and other obligations authorized to be issued by the Authority pursuant to this chapter.
(e) "Cost" means the total of costs incurred by or on behalf of a Participating Party to carry out works and undertakings and to obtain rights and powers necessary or incident to the acquisition, construction, installation, reconstruction, rehabilitation or improvement of Facilities. "Cost" may include costs of issuance of bonds for such purposes, costs for construction undertaken by a Participating Party as its own contractor, amounts equal to interest on the bonds prior to, during, and for a reasonable period following construction of Facilities, reserves for debt service and for repairs, replacements, additions and improvements to a Facility, and other working capital incident to the operation of a Facility. (f) "Facilities" mean the properties, places or buildings within the City which are, or will be, maintained and operated for industrial, commercial or business purposes, conform to the general plan of the City and are approved by the Authority for the financing authorized by this Chapter, such approval being given only when the Authority finds and determines that such financing will substantially promote one or more of the public purposes listed herein. "Facilities" may include, but are not limited to, activities which may otherwise be financed pursuant to the Act to the extent the Act permits the financing of such activity under alternative Authority. "Facilities" include, without limitation, real and personal Cr eated: 2022-05-13 14: 23 :06 [EST]
(Supp. No. 10)
property, land, buildings, structures, fixtures, machinery or equipment, and all such property related to or required or useful for the operation of a Facility. Facilities do not include property, place or bui lding used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.
(g) "Participating Party" means an individual, association, corporation, partnership or other entity approved by the Authority to undertake the financing of the Costs of a Facility for which this chapter authorizes the issuance of the Bonds.
(h) "Revenue" means amounts received by the Authority as payments of principal, interest, and other charges with respect to a loan authorized by this Chapter, as payments under a lease, sublease or sale agreement with respect to Facilities, as proceeds received by the Authority from mortgage, hazard or other insurance on or with respect to such a loan (or property securing such loan), lease, sublease or sale agreement, other rents, charges, fees, income and receipts derived by the Authority from the financing of Facilities authorized by this chapter, amounts received by the Authority as investment earnings on moneys deposited in any fund securing the Bonds, and such other legally available moneys as the City Council may, in its discretion, lawfully designate as Revenues. "Revenues" as defined by this chapter, and the expenditure of such Revenues shall not be taken into account in determining the City's compliance with Article XIIIB of the California Constitution.
Sec. 3-2.704. Further Definitions.
The terms defined above are also defined by the Act. In the event of conflict, the definitions contained in the Act control. Terms not defined above which are defined in the Act have the meanings given by the Act.
Sec. 3-2.705. Authority Created.
There is a need for the Industrial Development Authority of the City under the Act; such Authority shall function in the City; the City Council shall be the governing Council of the Authority; and the Authority is authorized to transact business and exercise powers permitted by law.
Sec. 3-2.706. Sale or Lease of Facilities by Authority.
The Authority is authorized to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip and lease as Lessee, with the proceeds of the Bonds, Facilities, solely for the purpose of selling or leasing as Lessor such Facilities to such Participating Party, and is further authorized to make contracts for such purposes. The Authority is also authorized to contract with such Participating Party to undertake on behalf of the Authority to construct, enlarge, remodel, renovate, alter, improve, furnish and equip such Facilities.
The Authority is authorized to sell or lease, upon such terms and conditions as the Authority shall deem proper, to a Participating Party, any Facilities owned by the Authority under this chapter, including Facilities conveyed to the Authority in connection with a financing authorized by this chapter but not being financed hereunder.
Sec. 3-2.707. Applications for Approval.
A person may apply to the Authority for approval as a participating Party and for approval of Facilities for financing under this chapter. Applications shall set forth such information as the Authority may require to enable the Authority to evaluate the applicant, the Facilities and its proposed costs.
Applications shall be evaluated by the Authority to assure that financing under this chapter results in at least one of the following public benefits:
Creat ed: 2022-05-13 14:23:06 [EST)
(Supp. No. 10)
(a) Significant additional employment to residents of the City. An industrial facility will qualify for financing under this chapter only if such financing will result in an increase in employment. An industrial facility which produces goods or services for sale outside the California City area, or which is to be located in a disadvantaged area, shall receive preference.
(b) Continuance of a company's operation in the City which otherwise might relocate outside the City. (c) Preservation or enhancement of the supply of energy (including gas) or a reduction in the expected costs thereof.
(d) The provision of goods and services not otherwise conveniently available to residents of a neighborhood.
(e) An improvement in the viability of a revitalization or redevelopment project.
Financing under this chapter shall be approved by the Authority only when it can be demonstrated such financing will make a significant beneficial contribution to the realization of one or more of the public benefits listed above.
Sec. 3-2.708. Fees.
The Authority is authorized to charge Participating Parties application, commitment, financing and other fees, to recover administrative and other costs and expenses incurred in the exercise of the powers and duties conferred by this chapter.
Sec. 3-2.709. Insurance.
The Authority is authorized to obtain, or aid in obtaining, from a department or agency of the United States or of the State of California or a private company, any insurance or guarantee as to, or of, or for the payment or repayment of, interest or principal, or both, rents, fees, or other charges, or part thereof, on a loan, lease or sale obligation or an instrument evidencing or securing the same, made or entered into as authorized by this chapter and is authorized to accept payment in such manner and form as provided therein in the event of default by a Participating Party, and to assign such insurance or guarantee as security for Bond.
Sec. 3-2. 710. Charges.
The Authority Manager is authorized to fix rents, payments, fees, charges and interest rates for a financing authorized by this chapter and to agree to revise from time to time such rents, payments, fees, charges and interest rates to reflect changes in interest rates on Bonds, losses due to defaults or changes in other expenses related to this chapter, including Authority administrative expenses.
Sec. 3-2.711. Security for Loans.
The Authority is authorized to hold deeds of trust or mortgages or security interests in personal property as security for loans and other obligations authorized by this chapter and to pledge or assign the same as security for repayment of Bonds. Such deeds of trust, mortgages or security interests, or other interest of the Authority in any Facilities, may be assigned to, and held on behalf of the Authority by a bank or trust company appointed to act as trustee by the Authority in any resolution or indenture providing for issuance of Bonds.
Sec. 3-2.712. Employment of Experts and Consultants.
The Authority is authorized to contract for such engineering, architectural, financial, accounting, legal or other services as necessary in the judgment of the Authority for the purposes of this chapter.
Created: 2022-05-13 14: 23:06 [EST]
(Supp. No. 10)
Sec. 3-2.713. Public Works Requirements Inapplicable.
Except as specifically provided in this chapter, the acquisition, construction, installation, reconstruction, rehabilitation or improvement of Facilities financed under this chapter shall not be subject to requirements relating to buildings, works or improvements owned or operated by the Authority, and requirements of public competitive bidding or other procedural restriction imposed on the award of contracts for acquisition or construction of an Authority, building, work or improvement, or to the lease, sublease, sale or other disposition of Authority property shall not be applicable to action taken under this chapter.
Sec. 3-2.714. Additional Powers.
In addition to other powers specifically granted by this chapter, the Authority is authorized to contract for and do things necessary or convenient to carry out the purposes of this chapter, provided, however, the Authority shall not have the power to operate a Facility financed under this chapter as a business, except temporarily in the case of a default by a Participating Party.
Sec. 3-2.715. Issuance of Bonds.
(a) The Authority is authorized to issue Bonds in an aggregate principal amount not to exceed $100,000,000.00 and to issue such Bonds, from time to time, in such series and amounts as are determined by the Council to be necessary or appropriate to provide for the costs of facilities approved by the Council. Bonds shall be negotiable instruments subject only to the provisions of such Bonds for registration. (b) In addition to the Bonds authorized in the preceding paragraph, the Authority is authorized to issue additional bonds in an aggregate principal amount not to exceed $100,000,000 for Facilities or activities related to energy development, production, collection, conversion (from one form of energy to another), storage, conservation, transmission, distribution, transportation, or conveyance, including but not limited to the furnishing of electric energy or gas, and to issue such bonds from time to time, in such series and amounts, as are determined by the Council to be necessary or appropriate to provide for the cost of facilities approved by the Council. Bonds shall be negotiable instruments subject only to the provisions of such Bonds for registration.
(c) For the purpose of bonds issued for facilities or activities related to energy development as more broadly defined above, the term "Facilities" shall have the same meaning as defined herein, except the facilities, places, or buildings are not necessarily required to be located within the Authority so long as the Council finds the Facilities to be financed would directly benefit the citizens of the City.
Sec. 3-2.716. Bonds Not Debt of City.
Bonds authorized to be issued shall be limited obligations of the Authority payable from all or any specified part of the revenues and the moneys and assets authorized in this chapter to be pledged or assigned to secure payment of Bonds. Such revenues, moneys or assets shall be the sole source of repayment of such issue of Bonds.
Bonds issued as authorized by this chapter shall not be deemed to constitute a debt of liability of the City or a pledge of the faith and credit of the City but shall be limited obligations payable solely from specified revenues, moneys, and assets. The issuance of Bonds shall not directly, indirectly, or contingently obligate the City to levy or pledge any form of taxation or to make appropriate for their payment.
Bonds shall contain on the face t hereof a statement to the following effect:
"Neither the faith and credit nor the taxing power of the City of California City is pledged to the payment of the principal or of premium, if any, or interest on this bond." Crea ted : 2022-05-13 14 :23 :06 [ EST)
(Supp. No. 10)
Sec. 3-2.717. Bond Terms.
Bonds shall be issued as serial bonds, term bonds, installment bonds, or pass-through certificates or any combination thereof. The Authority Manager shall determine the terms and timing of the issuance of particular Bonds in accord with the resolution of the Council approving the particular Facilities to be financed thereby. Bonds shall bear such date or dates, mature at such time or times not to exceed forty years, bear interest at such fixed or variable rate or rates approved by the Participating Party whose Facilities are being financed but not to exceed the maximum rate permitted by law, be payable at such time or times, be in such denominations, be in such form, coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, be subject to such terms of redemption and have such other terms and conditions as such resolution, or any indenture to be entered into by the Authority pursuant to such resolution, shall provide. Bonds shall be sold at either public or private sale and for such prices as the Authority shall determine.
Sec. 3-2.718. Bond Provisions.
A resolution relating to the issuance of Bonds, or indentures to be entered into by the Authority pursuant to such resolution, may contain provisions respecting any of the following terms and conditions, which shall be a part of the contract with the holders of such Bonds:
(a) The terms, conditions and form of such Bonds and interest and principal to be paid thereon; (b) Limitations on the uses and purposes to which the proceeds of sale of such Bonds may be applied, and the pledge or assignment of such proceeds to secure the payment of such Bonds. (c) Limitations on the issuance of additional parity, Bonds, the terms upon which additional parity Bonds may be issued and secured, and the refunding of outstanding Bonds; (d) The setting aside of reserves, sinking funds and other funds and the regulation and disposition thereof; (e) The pledge or assignment of all or any part of the Revenues and of any other moneys or assets legally available therefor (including loans, deeds of trust, mortgages, leases, subleases, sales agreements and other contracts and security interests) and the use and disposition of such Revenues, moneys and assets, subject to such agreements with the holders of Bonds as may then be outstanding; (f) Limitation on the use of Revenues for operating, administration or other expenses of the City; (g) Specification of the acts or omissions to act which shall constitute a default in the duties of the City to holders of such Bonds, and providing the rights and remedies of such holders in the event of default, including any limitations on the right of action by individual bondholders; (h) the appointment of a corporate trustee to act on behalf of the Authority and the holders of its Bonds, the pledge or assignment of loans, deeds of trust, mortgages, leases, subleases, sale contracts and any other contracts to such trustee, and the rights of such trustee; (i) The procedure, if any, by which the terms of the contract with bondholders may be amended or abrogated, the amount of such Bonds the holders of which must consent thereto, and the manner in which such consent may be given;
(j) An indenture entered into by the Authority relating to the issuance of any Bonds will contain a provision prohibiting the sale by a Participating Party of any facility financed under this chapter, without prior approval by the Authority; and
(k) Other provisions which the Council may deem reasonable and proper for the purposes of this chapter and the security of the bondholders.
created: 2022-05. 13 14: 23 :06 [EST]
(Supp. No. 10)
Sec. 3-2.719. Pledge of Revenues, Money or Property.
The pledge or Revenues or other moneys or assets as authorized by this chapter shall be valid and binding from the time such pledge is made. Revenues, moneys and assets so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against parties having claims in tort, contract, or otherwise against the Authority, irrespective of whether such parties have notice thereof. The resolution and indenture by which a pledge is created need not be filed or recorded except in the records of the Authority.
Sec. 3-2.720. No Personal Liability.
The members of the Council, the officers of the employees of the Authority or the City, and any person executing any Bonds shall not be liable personally on the Bonds or be subject to personnel liability or accountability by reason of the issuance thereof.
Sec. 3-2.721. Purchase of Bonds by Authority.
The Authority shall have the power out of funds available to purchase its Bonds. The Authority may hold, pledge, cancel, or resell such Bonds, subject to and in accordance with agreements with the bondholders.
Sec. 3-2.722. Actions by Bondholders.
The holder of Bonds issued under this chapter or the coupons appertaining, and trustee appointed pursuant to a resolution relating to the issuance of Bonds, except to the extent the rights may be restricted by such resolution or indenture authorized to be entered into by the Authority may, at law or in equity, by suit, action, mandamus or other proceedings, shall protect or enforce rights specified in law or in such resolution or indenture, and may enforce and compel the performance of duties required by this chapter or by such resolution or indenture to be performed by the Authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, fees, interest, and charges authorized and required by the provisions of such resolution or indenture to be fixed, charged, and collected.
Sec. 3-2.723. Refunding Bonds.
The Authority is authorized to issue Bonds for the purpose of replacing or refunding Bonds then outstanding.
Sec. 3-2.724. Bond Anticipation Notes.
In anticipation of the sale of Bonds authorized by this chapter, the Authority is authorized to issue bond anticipation notes, and to renew the same from time to time, in such series and amounts as are determined by the Council to be necessary or appropriate for the Costs of Facilities approved by the Council. Such notes shall be payable from Revenues or other moneys or assets authorized by this chapter to be pledged to secure payment of Bonds, and which are not otherwise pledged, or from the proceeds of sale of the particular Bonds in anticipation of which they are issued. Such notes shall be issued in the same manner as Bonds. The Mayor or Authority Manager shall determine the terms and timing of the issuance of particular bond anticipation notes in accord with the provisions of Section 3-2. 717 and the resolution of the Council approving the particular Facilities to be financed.
Such notes, a resolution relating to the issuance of such notes and an indenture to be entered into by the Authority pursuant to such resolution may contain any provisions, conditions or limitations permitted under Section 3-2.718.
Created: 2022-05-13 14:23:06 [EST)
(Supp. No. 10)
Sec. 3-2. 725. Validity of Bonds.
The validity of the authorization and issuance of Bonds is not dependent on and shall not be affected by proceedings taken by the Authority for the approval of financing or the entering into of an agreement, or by the failure to provide financing or enter into an agreement, for which Bonds are authorized to be issued under this chapter.
Sec. 3-2.726. Liberal Construction.
This article, being necessary for the welfare of the City and its inhabitants, shall be liberally construed to effect its purposes.
Sec. 3-2.727. Effect of Omission or Defect.
The omission of an officer of the City or the Authority in proceedings under this chapter or any other defect in the proceedings, shall not invalidate such proceedings or the Bonds issued pursuant to this chapter.
Sec. 3-2.728. Full Authority.
This article is full authority for the issuance of Bonds by the Authority for any of the purposes specified herein.
Sec. 3-2.729. Additional and Alternative Authority.
This chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of Bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of Bonds. The purposes authorized may be effectuated and Bonds are authorized to be issued for such purposes under this chapter notwithstanding that any other law may provide for such purposes or for the issuance of Bonds for like purposes and without regard to the requirements, restrictions, limitations or other provisions contained in other laws.
Sec. 3-2. 730. Provisions of the Act Control.
To the extent the provisions of this article are inconsistent with the provisions of any general statute or the Act or parts thereof, the provisions of such statute or the Act are deemed controlling.
Sec. 3-2.731. Severability.
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. The Counci l declares it would have adopted and passed this chapter and each section, subsection, sentence, clause, phrase and word hereof, irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.
Created: 2022-05-13 14: 23:06 [ EST)
(Supp. No. 10)
Sec. 3-2.732. Act Authorized.
The appropriate officers of the Authority are hereby authorized and directed, for and in the name of and on behalf of the Authority, to do any and all things, and take any and all actions, and execute and deliver any and all certificates, agreements and documents which they or any of them may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds or bond anticipation notes authorized by this chapter in accordance with the provisions of such law, and the resolution of the Council approving the particular Facility to be financed.
ARTICLE 8. CANNABIS BUSINESS TAX
Sec. 3-2.8.010. Title.
This article shall be known as the Cannabis Business Tax. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.020. Authority and Purpose.
The purpose of this article is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the California Government Code, upon Cannabis Businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts and square footage of plant canopy. It is not a sales and use tax, a tax upon income, or a tax upon real property.
The Cannabis Business Tax is a general tax enacted solely for general governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this article shall be placed in the City's general fund and be available for any legal municipal purpose. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.030. Intent.
The intent of this article is to levy a tax on all Cannabis Businesses that operate in the City, regardless of whether such business would have been legal at the time this article was adopted. Nothing in this article shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. (Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.040. Definitions.
The following words and phrases shall have the meanings set forth below when used in this article:
(a) "Business" shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profes~ion, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
(b) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted Creat ed: 2022-05-13 14:23:06 [EST)
(Supp. No. 10)
from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code and is not limited to medical cannabis. (c) "Cannabis product" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Cannabis product" also means marijuana products as defined by Section 11018.1 of the California Health and SafeW Code and is not limited to medical cannabis products. (d) "Canopy" means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site as measured from the walls of each area including any walkways. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plantsl-....Q.!:
vertical planes, each plane shall be counted as a separate canopy area. (el "Cannabis business" means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, of cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit. (fl "Cannabis business tax" or "business tax," means the tax due pursuant to this article for engaging in cannabis business in the City.
(gl "Commercial cannabis cultivation" means cultivation in the course of conducting a cannabis business. (hl "City permit" means a permit issued by the City to a person to authorize that person to operate or engage in a cannabis business.
(i) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery. (j) "Distribution" shall have the same definition as set forth in California Business and Professions Code§ 26001, as may be amended from time to time.
(kl "Distributor" shall mean persons engaging in Distribution. (I) "Employee" means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
(m) "Engaged in business as a cannabis business" means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if:
1. Such person or person's employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person's employee owns or leases real property within the City for business purposes;
3. Such person or person's employee regularly maintains a stock of t angible personal property in the City for sale in the ordinary course of business;
4. Such person or person's employee regularly conducts solicitation of business within the City; or
5. Such person or person's employee performs work or renders services in the City.
Creat ed: 2022-05- 13 14:23:07 [EST)
(Supp. No. 10)
The foregoing specified activities shall not be a limitation on the meaning of "engaged in business." (n) "Evidence of doing business" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.
(o) "Fiscal year" means July 1 through June 30 of the following calendar year. (p) "Gross receipts, 11 except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits and property of any kind or nature) received or payable for sales of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from gross receipts :
1. Cash discounts where allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
5. Cash value of sales, trades or transactions between departments or units of the same business;
6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar;
8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the finance department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees.
(q) "Lighting" means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors t o the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation openings.
(r) "Manufacture" shall have the same definition as set forth in California Business and Professions Code § 26001, as may be amended from time to time.
(s) "Manufacturer" shall have the same definition set forth in California Business and Professions Code§ 26001, as may be amended from time to time.
Created: 2022 -05· 13 14 : 23:07 [ EST]
(Supp. No. 10)