1 MINUTES
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING
TUESDAY JUNE 11, 2024
SPECIAL 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
ROLL CALL
Councilmembers: Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
Absent: Councilmember Cooper.
APPROVAL OF AGENDA
Mayor Pro Tem Smith asked that the City Attorney make brief comments with respect to the 72-hour posting Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 requirement for the agenda before proceeding to public comments.
Councilmember Kulikoff moved to approve agenda as presented. Motion seconded by Mayor Pro Tem Smith.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION CARRIES: 4-0
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 comments on the closed session were offered by Shawn Bradley.
The City Council recessed to closed session at 4:07 p.m.
CLOSED SESSION
CS1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (1) of subdivision (d).
Number of Cases: Two Cases
Zheng et al v. City of California City
Case No. BCV-22-103396
Song, et al. v. City of California City
Case No. BCV-22-103394-BCB
CS2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
1 Potential Case
Significant exposure to potential litigation
REPORT OUT OF CLOSED SESSION
The City Council reconvened from closed session at 5:01 p.m. City Attorney Ponto reported the City Council entertained three matters for closed session with staff receiving direction and with no other reportable action.
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 5:01 p.m.
PLEDGE OF ALLEGIANCE/INVOCATION Pledge was led by audience with Pastor, Mark Goodell offering the invocation.
ROLL CALL
Councilmembers: Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff. 3 Mayor Kulikoff asked, City Attorney Ponto to explain the issue with respect to the 72-hour agenda posting situation that occurred last Friday. City Attorney Ponto articulated some of the technical issues staff encountered when trying to post the agenda on Granicus; commented the City is exploring avenues to prevent this from happening in the future.
DEPARTMENTAL REPORTS
a. OHV
b. Cannabis
c. Housing
d. Fire
There were questions from Council relative to the cannabis report including whether certain businesses had ceased operations; and if staff knew of new total for cannabis tax.
Departmental Reports were presented, received, and filed. There were no public comments regarding the departmental reports.
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. Original June 1, 2024 – From J. M. Powers – Top 15 Overspent GL Expense Lines in the 2023/24 Budget Thus Far.
b. Original June 2, 2024 – From J. M. Powers – The Top 10 Most Expensive GL Lines ADDED to the 2023/2024 Budget Thus Far.
c. Original June 3, 2024 – From J. M. Powers – April 2024 Financial Statement Analysis Reveals Large Budget Estimation Errors.
Received and filed.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
Pastor Mark Goodell announced Father’s Day and invited all dads to stop by and receive a free rib plate.
Jessica R also made offered comments.
Leann Weible, Deputy City Clerk announced the tortoise day on June 22 and June 23 respectively.
PRESENTATIONS
Capital Advocacy Presentation. – No show
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 Shawn Bradley, Jessica R, and J. M. Powers.
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. 4 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 05/24/2024 through 06/06/2024
There were no public comments on the consent calendar.
Councilmember Creighton moved to approve consent calendar. Motion seconded by Mayor Pro Tem Smith.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper.
MOTION CARRIES: 4-0
CITY MANAGER REPORT
Acting City Manager Latisha Lamberth reported that the Dial-a-Ride-Service was closed from July 3rd to July 19th, for staff training; spoke relative to the opening of the pool on Friday, June 21; and tortoise day.
Mayor Pro Tem Smith inquired about the possibility of having a presentation relative to overseeing of the water department by an independent entity and the water reports; budget process workshop(s) and the Cannabis sales spreadsheet. Acting City Manager Lamberth stated staff is working on the Cannabis spreadsheet to provide accurate information; not sure yet about budget workshop timeframe, although staff is working on reviewing each department.
Public comments on the Acting City Manager report were presented by J. M. Powers, Jessica R., Mark Hawkins, Shawn Bradley, and David Brottlund. The City Council deliberated on the issue of the Fire Works show.
PUBLIC HEARING
PH1. Discussion of Ordinance No. 24-814, Amending the Municipal Code to Regulate Cannabis (First Reading & Introduction) (Item continued to the June 25, 2024, Council meeting).
a. Open Public Hearing
b. Staff Report by 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 5 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). (Item continued to the June 25, 2024, Council meeting).
CB2. Flyer Design for Measure B
Report: Mayor, Kelly Kulikoff
Recommended Action: Take appropriate Action as deemed necessary. B Mayor Kulikoff disclosed that ultimately, he did not use services from Carly Conry in relation to the flyers.
Public comments on this item were offered by Shawn Bradley, Jessica R, Mark Hawkins, and Patti Orr.
A discussion ensued relative to this flyer with Mayor Pro Tem Smith expressing that it seemed to advocate for the measure; Councilmember Creighton also agreed that the flyer appears to advocate for the measure. Mayor Pro Tem Smith inquired of the City Attorney if there is a timeframe by which the council can stop advocating for or against the measure.
Mayor Pro Tem Smith moved that the City does not spend any more money as there is information out there already on Measure B. Mayor Kulikoff reaffirmed that the action of spending the funds had previously been approved pending council’s review of the language, and accordingly, Mayor Pro Tem Smith could not make said motion.
Mayor Pro Tem Smith moved not to send out the particular flyer presented. Councilmember Creighton seconded.
AYES: Councilmember Kulikoff, and Mayor Kulikoff
NOES: Councilmember Creighton and Mayor Pro Tem Smith
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION FAILS: 2-2
6 CB3. Suspension of Planning Commission.
Report: Kelly Kulikoff, Mayor
Recommended Action: As per City Council discussion.
Mayor Kulikoff presented the staff report and provided some context with respect to the issue of suspending the Planning Commission. A substantial discussion ensued relative to the merits of the proposal.
Public comments on this item were offered by Brian Glidden, Ivan Pardron, Shawn Bradley, Jessica R, Cory Higgins, DJ Twohig, and Planning Chair Dunham. Mayor Kulikoff stated for the record that an email communication had been received from Planning Commission Carla Conry in support of temporarily suspending the Planning Commission.
No formal motion offered for this item given the 2-2 potential vote split. Item trailed to the next meeting without objection.
CB4. 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 presented the staff report stating that only the representative from Tech 45 is present to answered council’s questions. A brief discussed took place relative to questions from the City Council regarding maintenance and other issues.
Public comments on this item were offered by Shawn Bradley.
Councilmember Kulikoff moved to approve proposal from Tech 45 for a one-year contract. Motion seconded by Mayor Kulikoff.
AYES: Councilmember, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION CARRIES: 4-0
CB5. Discussion and direction regarding project status for the splash pad skatepark Staff Report: Not needed as discussion is being led by Council.
City Council recessed at 7:10 p.m.
City Council reconvened at 7:15 p.m.
NEW BUSINESS
NB1. BHT Task Order for Well #10 Rehabilitation Project. 7 Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council approve BHT Task Order for the Rehabilitation of Well #10, which will be budgeted for the 2024/25 Fiscal Year.
Director of Public Works Barragan presented the staff report.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION CARRIES: 4-0
NB2. Water Storage Tank Wonder Acres.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council approve the task order from BHT.
Public comment was offered by J. M. Powers.
Mayor Kulikoff moved to approve as presented. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION CARRIES: 4-0
NB3. Citywide GIS System Yearly Hosting and Minimal Maintenance.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council approve the contract agreement.
Joe Barragan, Public Works Director presented the staff report.
There were no public comments on this item.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
8 MOTION CARRIES: 4-0
NB4. Resolution Adopting a List of Projects for Fiscal Year 2024-2025 Funded by SB1: The Road Repair and Accountability Act of 2017.
Staff Report: Joe Barragan, Public Works Director
Recommendation: Staff Recommends that the City Council Approve and Adopt Resolution No. 24-3031, A Resolution of the City Council of the City of California City, Adopting a list of projects for Fiscal Year 2024-2025 Funded by SB1: The Road Repair and Accountability Act of 2017.
Mayor Kulikoff stated that him and Councilmember Kulikoff had a conflict on this item. However, in order to maintain a quorum, a coin toss determined who out of the two will stay or leave. Accordingly, Mr. lost the coin toss and accordingly, left the dais at 8:15 p.m.
Joe Barragan presented the staff report.
There were no public comments on this item.
Councilmember Creighton moved to approve. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Creighton, Kulikoff, and Mayor Pro Tem Smith NOES: None
ABSTAIN: Mayor Kulikoff
ABSENT: Councilmember Cooper
MOTION CARRIES: 3-1-0
Following the vote, Mayor Kulikoff returned to the dais at 8:17 p.m.
NB5. SB 9.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council reject the Planning Commission’s decision on SB 9 and approve the Draft Resolution declaring that SB9 does not apply to the City of California City.
Director of Public Works, Joe Barragan presented staff report.
Public comments were received from Marq Hawkins, Planning Commission Chair, Dunham, and Shawn Bradley.
Mayor Pro Tem Smith moved to approve draft resolution as presented. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Creighton and Mayor Pro Tem Smith
NOES: Councilmember Kulikoff and Mayor Kulikoff
ABSTAIN: None
ABSENT: Councilmember Cooper
9 MOTION FAILS: 2-2
Councilmember Creighton moved to send this item back to the Planning Commission for further review.
Motion seconded by Mayor Pro Tem Smith.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION CARRIES: 4-0
NB6. City Attorney Access.
Report: Kelly Kulikoff, Mayor
Recommended Action: As per City Council discussion.
Mayor Kulikoff requested this item be trained to the next regularly scheduled City Council meeting. Upon objection from Mayor Pro Tem Smith, Mayor Kulikoff asked Council if they had questions or comments.
A brief description ensued relative to this item.
Public comments were offered by Shawn Bradley and Mary Wady, Mayor Pro Tem Smith moved to reject limiting City Attorney access for Councilmembers. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Creighton and Mayor Pro Tem Smith
NOES: Councilmember Kulikoff and Mayor Kulikoff
ABSTAIN: None
ABSENT: Councilmember Cooper
MOTION FAILS: 2-2
NB7. HCD Annual Report- Proposed agreement with Placeworks Inc.
Staff Report- Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the Council approve the engaging of services from PlaceWorks’ to complete the Housing and Community Development Annual Progress Report 2024.
Director of Public Works Barragan presented the staff report.
Councilmember Kulikoff moved to approve as presented. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Cooper
10 MOTION CARRIES: 4-0
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.
Mayor reported that Councilmember Cooper was requesting that the Acting Police Chief provide an update on the traffic study as it relates to the stop signs around schools at the next meeting.
Councilmember Creighton reported having heard from a citizen about the phones at City Hall where there is no response; requested an update on the City Manager search; asked about the status on the budget; asked about the plan of what to do with ARPA funds; spoke about the CalTrans Planning Grant of Safe Streets for all; made comments regarding the sound system in the chamber, lastly, spoke about the funding for the City Hall monument sign.
Mayor Pro Tem Smith spoke about the ARPA fund proposals; asked the Acting City Manager to present some critical needs to pay for with ARPA funds; requested that weed abatement be made a priority for California City Boulevard; and spoke about giving Mr. Hudson ten minutes to present on zero based-budgeting.
Mayor Kulikoff asked if Director Barragan will be bringing back the striping equipment item; commented on the direction given to the Planning Commission to come back to Council with a recommendation on SB9 changes or 10 acres or greater to expand tiny and smaller homes and garage size changes.
ADJOURNMENT
Councilmember Creighton moved to adjourn the meeting. Motion seconded by Mayor Pro Tem Smith. Motion carried 4-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 8:50 p.m. _____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk