1 MINUTES
CITY OF CALIFORNIA CITY
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 II).
______________________________________________________________________________________ 4:00 PM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 4:00 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
Deputy City Attorney, Karin A. Schambeck stated that there was a change to the closed session agenda in that Closed Session item CS3 will be moved up and become CS1. It was so noted for the record.
PPROVAL OF AGENDA
Mayor Pro Tem Smith moved to approve agenda. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 NOES: None
ABSTAIN: None
ABSENT: None
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.
Public comment regarding closed session items was offered by Shawn Bradley. Deputy City Attorney Schambeck informed the City Council of a couple of changes to the agenda, first, at staff’s request item CS2 (Zheng item) will be pulled from the agenda; and 2) item CS3 will become CS1. City Clerk Betancur noted the changes as requested.
CLOSED SESSION
CS1. PUBLIC EMPLOYMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957
Title of Position: Fire Chief and Fire Services
CS2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pulled) 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 CS3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (2) of subdivision (d).
Number of Cases: One Case
REPORT OUT OF CLOSED SESSION
The City Council reconvened from closed session at 5:15 p.m. Deputy City Attorney Karin A. Schambeck reported that the City Council entertained one item for closed session and there were no reportable actions.
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 5:17 p.m.
PLEDGE OF ALLEGIANCE/INVOCATION Pledge was led by audience with Pastor Moore offering the invocation.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff. 3 DEPARTMENTAL REPORTS
a. Treasurer’s Report
b. Finance
c. Public Works
d. Police
e. Building
f. Planning
Departmental Reports were presented, received, and filed. Public comments on departmental reports were offered by Al Hudson and J. M. Powers.
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
Patti Orr reported on several community announcements, including the 3rd Annual Veterans Stand Down to be held on June 8, 2024 from 8:30 am to 1:00 pm; California Adopt-a-Pet Day taking place on June 1, 2024; Courage to Heal first annual speaker jam on June 29th from 12:00 pm to 8 pm; SHKL Community Resource Center food pantry on Tuesday & Friday from 10:00 am to 2 pm; the Plane Crazy Saturday event remembering Dick Rutan to take place on June 15, 2024 from 10:00 am to 2:00 pm at Mojave Air & Spaceport at “Rutan Field”; and the Community Clean-up to clean the Boulevard on Saturday, June 8, 2024 from 8:30 am to 11:30 am.
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
Acting Police Chief Hayes on behalf of the California City Police Department, and Mayor Pro Tem Smith on behalf of the City Council, presented certificates of recognition to the Everyday Heroes, Christina Page, Ashley Marroquin, and Diane Lynch.
Acting Police Chief Hayes administer the Oath of Office to new Police Officer, Tyler Tracey.
Acting City Manager, Latisha Lamberth, introduced Jacqueline Benyamini who presented on her credentials as a forensic auditor, answered council’s questions and entertained questions from the audience relative to scope of work and her previous work engagements.
Public comments on the forensic audit presentation were offered by Shawn Bradley, Al Hudson, DJ Twohig, unknown speaker, and J. M. Powers.
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 4 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 DJ Twohig, Jessica R, Shawn Bradley, Al Hudson, Christy Mutch, J. M. Powers, John Fisher, Mary Wady, Tami Johnson, 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 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.
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.
There were no public comments on the consent calendar. However, there were several council comments on the minutes to correct a typo and to clarify comments made at the last meeting by Mayor Pro Tem Smith regarding City Attorney services. Thus, minutes were approved with amendments.
Public comment on the consent calendar was offered by Tami Johnson.
Mayor Pro Tem Smith moved to approve consent calendar with corrections to the minutes. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
CITY MANAGER REPORT
Acting City Manager Lamberth stated that staff is working to clean-up the medians, and that there are a lot of priorities and a lot of things that need to be clean-up with staff continuing to work to address these issues. 5 Public comment on the City Manager report were offered by Al Hudson, Shawn Bradley, and Jessica R.
City Council recessed at 7:03 pm.
City Council reconvened at 7:10 pm.
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.
Mayor Kulikoff opened the public hearing at 7:12 pm.
Deputy City Attorney, Schambeck presented the staff report highlighted the main points of the ordinance and answered questions from the city council and from residents on various aspects of the ordinance. A substantial discussion ensued relative to various aspect of the ordinance including signage, livescan requirements, reporting requirements on inventory, banning guard dogs and recreational vehicles within the premises of cannabis facilities.
Public comment was offered by Christy Mutch, Al Hudson, Tami Johnson, Shawn Bradley, Jason Meister, and DJ Twohig. There were several other unidentified speakers on zoom.
Mayor Kulikoff called for a motion to close the public hearing at 7:52 pm.
Councilmember Creighton moved to close the public hearing. Motion seconded by Councilmember Kulikoff and carried unanimously.
Councilmember Creighton suggested that anyone who wished to make comments on just the 25 items included in the report could do so. Mayor Pro Tem Smith concurred to allow the residents weight in on this subject.
However, comments needed to be submitted by June 7. A substantial discussion ensued relative to the merits of the Ordinance as written.
Mayor Pro Tem Smith moved to trail this item to the next regularly scheduled City Council meeting set for June 11, 2024.
6 Councilmember Kulikoff stated that he was against spending more money on attorney fees to rework the ordinance. However, Mayor Kulikoff suggested to have council members go through the ordinance and redline what they want to and leave what they want while engaging in a consensus process on each item.
Mayor Pro Tem Smith moved to trail the public hearing to the next Council meeting. Motion seconded by Councilmember Copper. Motion carried by consensus.
Councilmember Creighton requested an amendment be made to include that any businesses or citizens that want to make a recommendation with comments to be received as soon as possible and directing the city attorney to back off momentarily until the council has a chance to go through this item by item.
CONTINUED BUSINESS 2:55:46 TIMER
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).
Public comment on this item was offered by Shawn Bradley and DJ Twohig.
Deputy City Attorney Schambeck presented the staff report and was on hand to respond to comments, questions, clarifications, and concerns from council and the public.
Councilmember Kulikoff suggested to incorporate amendments mentioned by Mr. Bradley setting limits for specific zones.
Councilmember Kulikoff moved to exclude birds and rabbits from the calculation of pets allowed in R1-R5 zoned land including the same requirements for tiny home zoned land.
Motion by Councilmember Kulikoff. Second by Councilmember Cooper. Councilmember Kulikoff amended motion to delete the foster definition.
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
7 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.
Mayor Kulikoff presented the staff report articulating that this was vetted by the City Attorney’s office and that the Council indeed can provide informational literature to the community. Mayor Kulikoff answered questions from his colleagues and the public relative to the timeliness of this information, public perception, and other sensitive topics.
Public comment was offered by Al Hudson, Tami Johnson, Silver Farr, Christy Mutch, DJ Twohig, Shawn Bradley, Mark Hawkins, and Mary Wady.
Mayor Kulikoff moved to approve expenditure not to exceed $5,000 for the printing and shipping of approximately 15,000 Measure B informational flyers and require final approval by the City Council at the next regular meeting scheduled for June 11. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, and Mayor Kulikoff NOES: Councilmember Creighton, and Mayor Pro Tem Smith
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 3-2
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.
Latisha Lamberth presented the staff report and introduced Ms. Doravari to address and answer questions from the City Council and residents. A letter supporting approval of this agreement was received from Planning Commissioner Carla Conry and distributed to the City Council.
Public comment was offered by DJ Twohig.
The Council engaged in a substantive discussion relative to the services provided by the consultant with Ms.
Doravari answering questions.
Councilmember Cooper moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Kulikoff, Mayor Kulikoff, & Mayor Kulikoff NOES: Councilmember Creighton
ABSTAIN: None
8 ABSENT: None
MOTION CARRIES: 4-1
NB2. Planning Commission Vacancies.
Report: Councilmembers Jim Creighton and LaShelle Copper Recommendation: It is Recommended that the City Council Re-Appoint Them Accordingly.
Councilmember Creighton reported on this item stating that the deadline for submission of applications had been extended to May 21, and that only two applications were received from Mr. Dunham and Mr. Brottlund.
There were no public comments on this item.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
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 Copper - None
Councilmember Creighton – mentioned a rush of thefts at construction sites; met with the Pacific Steel Group; attended Kern County Council of Governments; inquired about the deadline for the cannabis tax submissions; delinquent cannabis businesses; and mentioned that recently staff answered council’s questions with information that is not accurate.
Councilmember Kulikoff - None
Mayor Pro Tem Smith – Stated that at the last meeting he requested to agendize a discussion relative to the outsourcing of legal work v the inhouse attorney firm highlighting the attorney rates from BWS that are lower; requested that Mr. Hudson be given 10 minutes for a council presentation relative to zero-based budgeting at the next meeting; commented on the update to the Cannabis Excel spreadsheet and requested said update.
Further inquired as to whether the Acting City Manager and staff could facilitate a discussion about what a fiscal sustainability plan consists of.
Mayor Kulikoff inquired if the scrapper equipment item still on the works for a future City Council meeting; thanked Planning Commissioner Carla Conry for donating the new window signs for city hall; asked for a status about the splash park project; requested an item on a future agenda to discuss the City Attorney access to City Council; requested City Attorney total cost for City Attorney fees for Council calls as well as other policy decisions regarding staff use of City Attorney services. 9 ADJOURNMENT
Councilmember Kulikoff moved to adjourn the meeting. Motion seconded by Councilmember Creighton. Motion carried 5-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 9:03 p.m. _____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk