Agenda — California City City Council, June 25, 2024 (part 1 of 4)

1 AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

REGULAR MEETING
TUESDAY JUNE 25, 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).
______________________________________________________________________________________ Zoom instructions and notes:

Web Link: https://us06web.zoom.us/j/81197265317
Meeting ID: 811 9726 5317

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 Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 f. Re-mute when your time to speak has ended
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. ** At this time, please take a moment to turn off your cell phones ** 4:30 PM CLOSED SESSION

CALL TO ORDER

ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem 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 – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
2 Potential Cases
Significant exposure to potential litigation
CS2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a)
Legal Representative: Kathryn B. Fox
Number of Cases: One (1) Matter
Jacqueline Craig v. City of California City
Kern County Superior Court Case No. BCV-22-100976

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 Tem Smith, Mayor Kulikoff. 3 DEPARTMENTAL REPORTS
a. Police
b. Finance

CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. Original June 15, 2024 – From J. M. Powers – Impact on Residential Property Taxes with and without Measure B Parcel Tax.
b. Original June 16, 2024 – From J. M. Powers – Inherent Weakness in Cal City Parcel Tax Measures Carries on with Measure B.
c. Original June 17, 2024 – From J. M. Powers – Cal City Population, Housing, and Property Tax Trends and Forecasts.

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PRESENTATIONS
 Capital Advocacy Presentation
 US Presentation-Evoly Meters

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 6/7/2024 through 6/20/2024 CC2. Approve Minutes of the Regular City Council Meeting of May 28, 2024, and the Special City Council Meeting of June 17, 2024.

CC3. Agreement for the Collection of Special Assessments.

CITY MANAGER REPORT
 Report, June 25, 2024.
 Reallocation of Expiring and Unspent American Rescue Plan Act (ARPA) funds from its Previous Allocation to the California City Golf Course Over to the California City Fire Department to Address Critical Equipment and Vehicle Capital Replacement Needs.

Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends that the City Council takes appropriate action. 4 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. Flyer Design for Measure B
Report: Mayor, Kelly Kulikoff
Recommended Action: Take appropriate Action as deemed necessary.

CB3. Suspension of Planning Commission.

Report: Kelly Kulikoff, Mayor
Recommended Action: As per City Council discussion.

CB4. 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 Resolution declaring that SB9 does not apply to the City of California City.
5 NEW BUSINESS
NB1. General Municipal Election – November 5, 2024
Staff Report: Daryl Betancur, City Clerk
Recommended Actions: Staff recommends that the City Council approve and adopt the following Resolutions.

1. Approve Resolution No. 24-3032, A Resolution of the City Council of the City of California City, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities; and

2. Approve Resolution No. 24-3033, A Resolution of the City Council of the City of California City, requesting the Board of Supervisors of the County of Kern to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the date pursuant to Elections Code §10403; and

3. Approve Resolution No. 24-3034, A Resolution of the City Council of the City of California City, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024; and

4. Approve Resolution No. 24-3035, A Resolution of the City Council of the City of California City, providing for a procedure for determining by lot a tie among candidates at the November 5, 2024, General Municipal Election in accordance with Elections Code Section 15651 and rescinding prior resolutions related thereto.

NB2. Amended and Restated Solid Waste Franchise Agreement for Waste Hauling Services and Waste Management.

Staff Report: Ephraim S. Margolin, Deputy City Attorney Recommended Action: Staff recommends that the City Council approve the Agreement with Waste Management and authorize the City Manager to sign the Agreement.

NB3. Appointment of Planning Commissioner.

Report: Kelly Kulikoff, Mayor
Recommended Action: Staff recommends that the City Council takes appropriate action.

NB4. Approve Resolution No. 24-3036, A Resolution of the City Council of the City of California City, California, Adopting a Preliminary Budget for Fiscal Year 2024-2025.

Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends that the City Council adopt the City Budget for FY 23/24 as the Preliminary City Budget for FY 24/25.

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. 6 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: June 21, 2024
_____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk
1 Police Report

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Shannon Hayes, Acting Police Chief
SUBJECT: Police Departmental Report
California City Police Department
0 0 0 2 4
9 8
4 0
APRIL 2024 PART 1

CRIMES BY AREA
27 12 13 17 10
2020 2021 2022 2023 2024

TOTAL PROPERTY

CRIMES - MAY
17 11 14 16 8
2020 2021 2022 2023 2024

TOTAL VIOLENT

CRIMES - MAY
0 0 0 0 1
2020 2021 2022 2023 2024

MURDER-MAY
1 0 0 3
5 6
1 3 0
MAY 2024 PART 1

CRIMES BY AREA
MAY 2024 Stats

APRIL 2024 vs MAY 2024 Up by 30%
Part 1 Crimes April 2024 – 27
Part 1 Crimes May 2024 – 19

44 23
27 33
19 0
10 20
30 40
50 2020 2021 2022 2023 2024
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2020 - 2024
May Part 1 Crimes - as of 06/11/2024
California City Police Department
MAY 2024 – PATROL STATISTICS
Total Incidents (May): 1,775 Total Arrests (May): 23 Felony Arrests: 11 Misd. Arrests: 12 Total Incidents (2024): 8,842 Total Arrests (2024): 161 Felony Arrests: 78 Misd. Arrests: 83 Calls for Service (May): 1,346 Calls for Service (2024): 6,089 Citations Issued (May): 23 Citations Issued (2024): 193 • On May 8, Officers and Firefighters responded to a vehicle vs motorcycle accident. Upon arrival Police and Fire located an adult male lying on his side, and bleeding profusely. Lifesaving efforts were started and continued until paramedics and Hall Ambulance took over, but shortly after paramedics pronounced the motorcyclist deceased. • Arrests were made for the attempted robbery and attempted murder of a local businesswoman. The heroic actions of our valiant citizens, Diane Lynch, Christina Page, and Ashley Marroquin impeded further actions from being sought out by the suspects.

During a Council Meeting, Lt. Hayes presented our heroic citizens with the Life-Saving Awards.
• During the May 28 Council Meeting, Officer Tyler Tracey was introduced to the community as our newest Officer to join the department.
• On May 29, officers were dispatched to McDonalds for a shots fired call. Upon arrival, officers located a male subject, lying on the floor of the restaurant bleeding from an apparent gunshot wound to the head. Officers immediately began life-saving efforts, and was transported to a hospital where he later died from his wounds. Later that evening the identity of the suspect was released.
0 50 100 150 200 250
Total Animals In
To Rescues
Warnings Issued
Put to Sleep
Citations
Owner Surrender
DOA
California City Animal Shelter Stats
May, 2023 May, 2024
California City Animal Shelter
May 2024 Totals
California City
Animal Shelter Stats
Criteria May, 2024 May, 2023
Total Animals In 37 38
Adoptions 8 17
To Rescues 4 2
Canvassed 10 0
Warnings Issued 12 0
Returned to Owner 4 4
Put to Sleep 0 0
Licenses Issued 10 0
Citations 0 0
Dog Bites 2 0
Owner Surrender 0 3
Calls to PD/Shelter 219 No information recorded
DOA 8 14

1 Finance Report

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Finance Departmental Report
California City California City
Fund Balance @ 5/31/2024 Fund Investment @ 5/31/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport ‐$1,247,878.58 * All ‐$16,585,167.18Aspen $186,192.23 Cash Allocated to Other Funds ‐$16,585,167.18DAR ‐$1,330,226.20 * All2 $16,585,167.18 GF $8,533,689.07 * Accounts Rec Cash Clearing ‐$1,854.35 GF‐OHV G ‐$1,436,584.49 * Business License Cash Clearing ‐$2,478.53 GF‐OHV P $130,719.12 * Cannabis ‐ Bank of the Sierra $571,384.23 GF‐PS FD $1,460,657.09 * Checking ‐ Bank of the Sierra $3,246,999.18 GF‐PS FD Prop 64 $53,370.03 * Kern County Investment Pool $4,382,993.32 GF‐PS PD ‐$1,022,920.59 * Local Agency Investment Fund $7,383,445.21 GF‐Str ‐$4,212,348.78 * Multi‐Bank Securities $988,280.38GF‐TDS ‐$3,391,087.06 * Utilities Cash Clearing $16,397.74 Housing ‐$620,838.21 Grand Total $0.00
Reserves FD $400,000.00Reserves GF $3,000,000.00Reserves PD $356,526.12Restricted Funds $4,229,982.40SDI ‐$113,642.65Sewer $4,276,791.23Successor ‐$157,646.58Water $7,490,413.03Grand Total $16,585,167.18 ‐$2,462,610.39 * Represents available general fund related cash balances as of report date M:\Monthly Financials\11‐May 2024\Fund Balance Recon 5.31.24 1 Communications

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Daryl A. Betancur, City Clerk
SUBJECT: Received Communications Cover Page

1 Item No. CC1

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Check Register dated 6/7/2024 through 6/20/2024

1 Item No. CC2

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Daryl A. Betancur, City Clerk
SUBJECT: City Council Minutes
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

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 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

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.

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
1 MINUTES

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

SPECIAL MEETING
MONDAY, JUNE 17, 2024
SPECIAL MEETING @ 9:00 AM

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)
9:00 AM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 9:00 a.m.

ROLL CALL: Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff.

APPROVAL OF AGENDA
Mayor Pro Tem Smith moved to approve agenda as presented. Motion seconded by Councilmember Cooper.

Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0

Public comments on closed session items were offered by Al Hudson.

The

CLOSED SESSION
CS 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: ACTING CITY MANAGER Pursuant to California Government Code §54957(b)(1).

CS2. DISCIPLINE/DISMISSAL/RELEASE: ACTING CITY MANAGER
Pursuant to California Government Code §54957(b)(1).

CS3. PUBLIC EMPLOYMENT/EMPLOYEE APPOINTMENT – TITLE: ACTING CITY MANAGER Pursuant to California Government Code Section 54957(b)(1).

REPORT OUT OF CLOSED SESSION
The City Council recess to closed session at 9:19 am.

The City Council reconvened from closed session at 10:12 am.

City Attorney Ponto reported the City Council entertained three items for closed session; that after the first item CS1 was conducted items CS2 and CS3 were rendered moot. There were no further reportable actions.

ADJOURNMENT
Mayor Pro Tem Smith 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 10:38 a.m. _____________________________
DARYL A. BETANCUR, MMC
City Clerk
1 Item No. CC3

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Agreement for the Collection of Special Assessments 1 AGREEMENT

FOR THE COLLECTION

OF SPECIAL ASSESSMENTS
THIS AGREEMENT, made and entered into this ____________ day of ______, 20__, by and between the COUNTY OF KERN, a political subdivision of the State of California, (hereinafter referred to as “COUNTY”), and City of California City DISTRICT, a political subdivision within the State of California, (hereinafter referred to as “DISTRICT”).

W I T N E S S E T H :

WHEREAS:
(a) DISTRICT has heretofore utilized the services of COUNTY in the collection of its taxes and assessments; and
(b) DISTRICT is desirous of contracting with COUNTY pursuant to Section 29304 of the Government Code to utilize COUNTY’S tax collections personnel and procedures on its behalf to collect DISTRICT’S special assessments; and
(c) COUNTY is capable and willing to employ its usual collection procedures on DISTRICT’S behalf for special assessments lawfully established and levied by DISTRICT, and COUNTY is willing to attempt to collect them at the same time and in the same manner as other taxes on the tax roll are collected; and
(d) Section 29304 of the Government Code provides for compensation to be paid to COUNTY for collecting special assessments for DISTRICT and further provides that the amount of said compensation shall be fixed by agreement and added to the amount of the special assessments to be collected by COUNTY;
2 NOW THEREFORE, it is mutually agreed as follows:

1. COUNTY shall use good faith efforts in attempting to collect special assessments lawfully and properly levied by DISTRICT, using the same procedures and methods used to collect other taxes on the tax roll. COUNTY is acting solely as DISTRICT’S agent hereunder, consequently COUNTY’S liability for collection efforts hereunder shall be limited to liability associated with administratively handling the actual receipt and disbursement of DISTRICT’S special assessments. DISTRICT hereby agrees to indemnify and defend COUNTY for any claim or liability that exceeds the COUNTY’S liability set forth herein. All routine refunds or cancellations of invalid or erroneous assessments shall be made or handled on behalf of DISTRICT by the respective departments of COUNTY.

2. The following charge shall be added to each special assessment, and when a special assessment is collected in installments said added charge shall be likewise collected in equal parts by COUNTY’S Tax Collector for distribution to the general fund of COUNTY.

For special assessments levied upon any land or real property by any city, county, district or other public corporation, officer or body: a charge not to exceed $_1.00_ per special assessment per year for each parcel bearing such an assessment.

3. Payments to DISTRICT will be made at the same times and in the same manner as DISTRICT’S ad valorem taxes are paid to the DISTRICT.

4. This AGREEMENT may be terminated for the ensuing fiscal year by giving ten (10) days notice in writing to the other party prior to June 1 of the preceding fiscal year.

5. Notice given to the parties under this AGREEMENT shall be deemed given when sent to the following officials and places:
3 To COUNTY: Office of the Auditor/Controller/County Clerk County of Kern County
1115 Truxtun Avenue
Bakersfield, CA 93301
To DISTRICT: ____City of California City_______________ ___ 21000 Hacienda Blvd____ ___________
____California City, CA 93505____________
IN WITNESS WHEREOF, pursuant to the authority granted by resolution duly adopted by its Board of Directors the DISTRICT has caused this AGREEMENT to be subscribed by its Chairman and attested by its Clerk, and pursuant to the authority granted by order duly enacted by its Board of Supervisors, the COUNTY has caused this AGREEMENT to be subscribed by the County Auditor/Controller/County Clerk.

COUNTY OF KERN
By: ___________________________________
Mary B. Bedard, C.P.A.

Auditor/Controller/County Clerk
For Chairman, Board of Supervisor

DISTRICT
___ City of California City_________ DISTRICT
By: ___________________________________
Chairman
APPROVED AS TO FORM:

By: ________________________________
County Counsel, County of Kern
Word/Special Assessments/Agreement to Collect Special Assmt & Fees-District 1 City Manager

COUNCIL AGENDA ITEM
June 25, 2024
TO: Mayor and City Council
FROM: Latisha Lamberth, Acting City Manager
SUBJECT: Acting City Manager Report, June 25, 2024

CITY MANAGER
City Manager's Report
June 25, 2024
Junior Golf Clinic
The City announced last week the junior clinic at the golf course. Approximately 16 kids attended On June 4th RPU Elementary 1st grade students came to visit the residents and recited approximately 5 poems .

On June 8, 2024 Veterans attended
Veterans Stand down event in
California City.
1 COUNCIL AGENDA ITEM
May 14, 2024
TO: Mayor and City Council
FROM: Latisha Lamberth, Acting City Manager & Justin Vincent, Interim Fire Chief SUBJECT: Realloca�on of expiring and unspent American Rescue Plan Act (ARPA) funds from its previous alloca�on to the California City Golf Course over to the California City Fire Department to address cri�cal equipment and vehicle capital replacement needs.

SUMMARY/ DISCUSSION:

State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA), delivered $350 billion to state, territorial, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. California City was a recipient of these one-time recovery funds to assist in meeting funding gaps created by the pandemic. Through SLFRF, over 30,000 recipient governments across the country are investing these funds to address the unique needs of their local communities and create a more robust national economy by using these essential funds to:

Fight the pandemic and support families and businesses struggling with its public health and economic impacts.
• Maintain vital public services, even amid declines in revenue resul�ng from the crisis. • Building a strong, resilient, and equitable recovery by making investments that support longterm growth and opportunity.

The purpose of these one-�me monies is to directly impact vital public services through funding one- �me expenses that California City would have otherwise had to delay and forgo due to the economic impact of the pandemic. Recipient governments may use the SLFRF ARPA funds to:
• Replace lost public sector revenue.
• Respond to the pandemic's far-reaching public health and nega�ve economic impacts. 2 • Provide premium pay for essen�al workers.
• Invest in water, sewer, and broadband infrastructure. • Provide emergency relief from natural disasters or their nega�ve economic impacts. • Support surface transporta�on projects, u�lizing funds for eligible projects through three pathways.
• Support Title I projects that are eligible ac�vi�es under the Community Development Block Grant and Indian Community Development Block Grant programs.

Under the ARPA Fiscal Recovery Funds guidelines, the funds are not to be used for maintaining or hiring additional personnel. The funds are restricted to the above-listed uses.

Based on the acceptable usage of these one-time funds to “maintain vital public services even amid declines in revenue from the crisis,” the fire department is requesting that the previously allocated $800,000.00 dollars that was set aside for the golf course be reallocated to the fire department for the sole purpose of replacing critical fire service equipment and vehicles. Due to the pandemic and fiscal constraints, many of the fire department’s vehicles, both of code enforcement’s vehicles, and some of the fire department’s critical equipment have had its replacement delayed beyond their reasonable life expectancy. Unfortunately, this has resulted in many of the vehicles and equipment now going beyond its useful lifespan and posing a public safety hazard to staff and the public.

The investment in the following funding allocation requests would provide emergency relief from natural disasters, respond to the far-reaching public health impacts of the pandemic, and replace the lost public sector revenue which prevented the necessary replacement of these end-of-life vehicles and equipment, as this funding is allocated and designed for. The fire department is requesting that the following amounts be reallocated to the fire department budget for the acquisition of the following equipment and vehicles in the following amounts. If the allocation is granted by the council, the fire department shall return at later council meetings with the specific purchase requests for approval, inline with the City’s purchasing policy. 1) Self-Contained Breathing Apparatus (SCBA) Fill Station. (Not to exceed 85,000.00)
Previously, the fire department had an air trailer that would fill up the department SCBAs. This unit came to its end-of-life a few years ago and was recently surplused by the city as it is no longer functioning. Now, the current SCBA filling station is out of service and unable to fill the fire department’s SCBA cylinders. The current fill station is a used 2009 model, which was donated to the California City Fire Department by Edwards AFB Fire Department a few years ago when they received a new unit. This unit no longer works and due to its age, we can no longer secure replacement parts to 3 continue to fix it. With these units operating at extremely high pressures, there is an inherent danger of explosions with these older models. By replacing this with a new operationally safe model, the City would be ensuring operator safety and replacing a critical need for the fire department. Currently, the fire department has been driving to Mojave to borrow the Kern County Fire Department’s fill station as a temporary fix to the issue.

Surplus Trailer- Permanently Out of service
Current SCBA Air Fill Station (Donated from Edwards AFB)- Permanently Out of Service 4 New SCBA Fill Station Requested Example
2) Extractor Washer Machine
(Not to exceed 16,000)
The fire department has a specialized commercial clothing washer machine for fire department Turnout Gear and Personal Protective Equipment. As part of the job, fire department uniforms and safety gear are exposed to blood, body fluids, smoke, fire, chemicals, fuels, and carcinogens. As a matter of safety, fire department gear must be washed in a commercial extractor machine after any exposures, to ensure the wearer’s safety. Any left-over fuels or chemicals on turnout gear may result in combustion when re-exposed to heat or fire and any body fluids left on uniforms or gear, exposes the staff to transmittable disease.

The current unit has come to its end-of-life, with the repair company recommending a full replacement of the old unit. Currently, staff do not have an operational extractor to clean PPE, which raises concerns for firefighter safety and OSHA compliance. 5 Current out-of-service Extractor Washer in the Fire Station 3) Thermal Imaging Camera
(Not to Exceed 15,500)
The fire department’s current thermal imaging camera is outdated and no longer serviceable. It currently shows a blank screen when turned on. The unit was acquired in 2003, and after 21 years, this unit has officially quit functioning. This critical piece of safety and firefighting equipment detects heat levels in a building. It is used for finding a victim in a smoke-filled fire environment as well as for finding fire and hot spots behind walls during a fire. It is imperative that we replace this old equipment with a new operational model to ensure both firefighter and public safety. 6 Current Out of Service Thermal Imaging Camera Front and Rear New Requested Thermal Imaging Camera for Rescue and Fire Suppression 4) Fire Hose Replacement
(Not to exceed 15,000)
The fire department tests its fire hose on an annual basis in accordance with the NFPA 25 standard. Every year the department finds new hose links with holes that fail to pass the required pressure tests. The synthetic hose used by the fire department breaks down over time and also may become damaged during exposure to fire and sharp surfaces during firefighting operations. The fire department has reached a critical point in which it needs to replace its fire attack hose lines to ensure no critical failures during a firefight, which can jeopardize public and firefighter safety during rescue and suppression operations.
7 Out-of-service CCFD hose
5) Command 19 Vehicle
(Not to exceed 85,000)
The current Fire Command vehicle is well beyond its functional lifespan. The unit has 286,000 miles and a Kelley Blue Book Trade-in value of $343.00. The vehicle has a constant check engine light, a broken front windshield, improper blue emergency response lights, an electric short that shuts off the lights and sirens during operation, and is held together in many locations with zip-ties. It is recommended that this unit be immediately placed out-of-service and replaced with a lightly used vehicle to save the city costs when compared to a brand-new vehicle purchase.

The fire department has located used fire service command units with under 30,000 miles that would fit the department’s needs, while also saving costs from purchasing brand new. Additionally, by purchasing a fully equipped, lightly used command vehicle, the turnaround time for acquisition and build is reduced from 9 months to a few weeks.

Current End-Of-Life Command 19 Unit with 286,000 Miles
8 Interior of Worn-Out Command 19 unit
Large Crack in the Front Driver’s Side of Windshield. (450.00 dollars to replace the windshield, which costs more than the value of the car)
9 2022 Used Replacement SUV With Under 30K Miles and Outfitted with lights and sirens 6) Patrol 19 Vehicle
(Not to exceed 385,000)
The current Patrol 19 vehicle is a 15-year-old wildland fire response vehicle with 108,000 miles that has reached its end of serviceable life. This vehicle was built in 2009, on a Ford F450 chassis. The vehicle has sat out-of-service for the last nine months, due to multiple mechanical failures that amount to thousands of dollars in immediate repairs to make it serviceable.

The fire department recommends replacing this vehicle with a new Type 6 wildland vehicle built by BME fire apparatus. This new unit would provide reliable frontline wildland fire response throughout California City’s challenging terrain. With its larger super single tires and lift kit installation, this new vehicle will be off-road access capable to any location in California City to protect life and property.

Current Patrol 19
10 Requested Patrol 19
7) Squad 19 Vehicle
(Not to exceed 90,000)
This previously grant-funded response vehicle is utilized for OHV medical emergencies and offroad accident response, as well as a paramedic response unit within the city proper. This vehicle is now 12 years old with 99,209 miles. The vehicle may be able to be utilized as a secondary backup vehicle or utility truck for the fire department for a few more years but is not suitable for further frontline use due to its reliability and mechanical issues. Presently, the siren and winch are both out of service.

Current Squad 19
11 Available Replacement Squad 19
8) (2) Two Code Enforcement Vehicles
(Not to exceed 108,500 for both vehicles)
The California City Code Enforcement officers have a tough task of enforcing the municipal code throughout the entire 203 square miles of the city limits. When dealing with illegal dumping and abandoned vehicles in the desert, these vehicles are faced daily with safely and effectively handling difficult desert terrain. The current fleet of three broken down vehicles can no longer effectively serve their purpose for the Code Enforcement division.

Vehicle 1: 2009 Ford Escape with 80,027 miles
This vehicle has Kelly Blue Book value of $3,609. This vehicle has been out-of-service since 6/22/22 and parked in the back lot of a mechanic shop in Rosamond. The steering gear is broken, and they cannot find replacement parts. The mechanic said that the hybrid batery life is only 8 years, so this batery is no longer good anymore. The main vehicle batery is also dead. Beyond the fact the repairs far outpace the value of the vehicle, it is unable to be fixed and permanently out of service due to the inability to find the necessary replacement parts.
12 Vehicle 2: 2003 Kia Sorento with 114,838 miles
This vehicle has a Kelley Blue Book value of $771.00. It is technically owned by City Hall and is indefinitely borrowed by Code Enforcement. It has 3 belts and mul�ple pulleys that need to be replaced. The spark plugs also need to be replaced. The air condi�oning does not work, which is a health and safety hazard and a future OSHA concern that must be addressed if we retain the vehicle. Also, the transmission needs maintenance and the vehicle o�en has trouble star�ng, with occasional sputering and occasional stalling.

Vehicle 3: 2007 Ford F150 with 176,537 miles
This code enforcement vehicle has a Kelly Blue Book Value of $2,625.00. The check engine light and the batery light have been on for mul�ple years, with no ability to properly diagnose the issue. There is a diagnosed recurring electrical issue that causes a fuse to blow every few months, further causing the truck to not start. An interior handle is broken and the step rail on the passenger side is shatered. Lastly, this this truck is improperly equipped with red and blue emergency lights. 13 Staff is reques�ng that the city allocate funding to secure two (2) used, low mileage, offroad capable vehicles, with a minimal upfit of amber and white lights, code enforcement decals, and a dispatch-connected radio, to be assigned to code enforcement. Based on the terrain and access needs, the need for a bed to carry found items, and the need for a reliable vehicle model, the staff is sugges�ng the acquisi�on of two lightly used Jeep Gladiator trucks with the Mojave package. These specific models were meant to handle the everyday challenges presented in our jurisdic�on and Jeep’s reputa�on for durability should allow these vehicles to serve the community for several years with rela�vely high reliability.

Example of a used low mileage Jeep Gladiator and truck bed carrying capacity.

FISCAL IMPACT: Adop�on of the realloca�on of the ARPA funds will enable the City to con�nue to provide reliable, safe, and effec�ve emergency response from its dedicated fire department by replacing mul�ple end-of-life vehicles and equipment. This will have immediate and future impacts on the general fund, as these capital expenses will no longer need to be funded with local property tax revenue or dedicated special tax revenue. Addi�onally, the fire department will be able to reduce its annual budget for vehicle and equipment maintenance, posi�vely impac�ng the general fund in the upcoming fiscal year.

RECOMMENDATION: Staff recommends Council approval of a resolu�on to reallocate the $800,000.00 ARPA funds to the fire department to acquire the listed cri�cal capital expenditures.

ALTERNATIVES: As an alterna�ve, the City Council may choose to priori�ze and approve select cri�cal equipment and vehicle needs from the presented list for fund realloca�on purposes or may deny all 14 fund realloca�on to the fire department and forgo funding the cri�cal needs of the department. The impact will be that fire department and code enforcement opera�ons will likely suffer with the an�cipated breakdown of end-of life vehicles and a lack of safe opera�ng equipment. Lastly, the City may decide to fund these cri�cal needs through the general fund or special tax funding as they see fit.

RESOLUTION NO. 24-xxxx
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______

COUNCIL AGENDA ITEM
JUNE 25, 2024
PREPARED BY: Latisha Lamberth, Acting City Manager
SUBJECT: ARPA Funds Suggestions

BACKGROUND/DISCUSSION
Council has requested our staff to prepare some suggestions for the allocation of ARPA (American Rescue Plan Act) funds. Our staff has put together some well-thought-out proposals that will greatly aid in conducting City business more efficiently. We have attached these proposals for your review and consideration.

We understand that the allocation of ARPA funds is a significant responsibility and requires careful planning and decision-making. Therefore, our staff has carefully assessed the needs of our community and identified key areas where these funds could make a significant impact.

We have also included a detailed cost analysis and projected outcomes for each proposal, which we believe will be helpful in your decision-making process. We are confident that our suggestions, if approved, will not only benefit our City but also align with the objectives and regulations set forth by the ARPA guidelines. Attached, you will find the resources and information that you requested.

FISCAL IMPACT
None

RECOMMENDATION
Staff recommends that Council consider the suggestions for reallocation of APRA Funds

ATTACHMENTS

FD STAFF REPORT

PD STAFF REPORT
Web Proposal
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4864-0998-4173 v1
Item PH1

COUNCIL AGENDA ITEM
June 25, 2024
PREPARED BY: Victor Ponto, City Attorney
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).

The proposed Ordinance increases the tax for cannabis manufacturing and distribution, as directed by the Council.
4864-0998-4173 v1
At the City Council meeting of May 28, 2024, the Council directed the City Attorney’s Office to do no further work on the proposed Ordinance with the exception of removing proposed addition #4, which would have required monthly inventory production by cannabis businesses, and requested that the public provide comment on the proposed Ordinance prior to the June 11, 2024 meeting. Council trailed the matter on June 11, 2024 to the June 25, 2024 meeting.

ANALYSIS
The proposed Ordinance would amend the CCMC in the following ways:

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 Cultivation Sites to Obtain Fumigation Permits and Adhere to State/Federal Law on Pesticides (Amends CCMC Section 5-6.1101) 4864-0998-4173 v1
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.

5. 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.

6. 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.”

7. 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.
4864-0998-4173 v1

8. 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.

9. 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.

10. 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.

11. Amend Live Scan Requirements for Cannabis Industry Employees and Require ID Cards (Amends CCMC Section 5-6.906(j), 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, contractors, subcontractors, employees, and volunteers of 4864-0998-4173 v1
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.

12. 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.

13. New Cannabis Manufacturing Restrictions (Amends CCMC Section 5-

6.1303)
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.

14. 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.

15. Require Conditional Use Permits for Alteration and Modification of Equipment at Cannabis Business (Amends CCMC Section 5-6.907) 4864-0998-4173 v1
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.

16. 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.

17. 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.

18. 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.

19. Amend Sign Code to Ban Mobile Cannabis Signs and Address Displays of Cannabis Leaves and Similar Images (Amends CCMC Section 9-4.303(g) and 5-

6.906(f)).
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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.

20. 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.

21. 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.

22. 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) 4864-0998-4173 v1
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.

23. Redefine Tax Administrator Position as Finance Director or City Manager 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 Finance Director or the City Manager’s designee. 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.

24. 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. _________
- Code of Ordinances
TITLE 1 GENERAL PROVISIONS
California City, California, Code of Ordinances Created: 2022-05-13 14:22:59 [EST] (Supp. No. 10)

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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.
1 Editor'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; Created: 2022-05-13 14:22:58 [EST]
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( 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 )
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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]
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County, the State of California, the United States of America, or any department or agency of the foregoing.
(l) "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 of time, 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 )
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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 PENALTIES
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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]
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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:

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(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
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(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)
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( 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 )
- Code of Ordinances
TITLE 1 - GENERAL PROVISIONS
CHAPTER 5. ADMINISTRATIVE CITATIONS
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CHAPTER 5. 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 $100.00 250.00 for a first violation; (2) A fine not exceeding two hundred dollars ($200.00500.00) 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 ($500.001,000.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. (b) Penalties enforced by Administrative Citations may be set by resolution as part of the Master Fee Schedule or by other sections of this Code.

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(b(c) 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. (cd) 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. (d(e) 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 hereinby 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);
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(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.

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(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.

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(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)(1).

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( 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. (b) 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 (5) 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 the 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 )
- Code of Ordinances
TITLE 1 - GENERAL PROVISIONS
CHAPTER 7. CITY SEAL
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CHAPTER 7. CITY SEAL
Sec. 1-7.01. Adoption of 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 )
- Code of Ordinances
TITLE 3 FINANCE
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TITLE 3 FINANCE
CHAPTER 1. GENERAL
ARTICLE 1. BUDGET
Sec. 3-1.101. Adoption of 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.

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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.

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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
- Code of Ordinances
TITLE 3 - FINANCE
CHAPTER 2. - REVENUE
ARTICLE 1. TAXES
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ARTICLE 1. TAXES
DIVISION 1. PROPERTY
Sec. 3-2.1.101. General.

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.

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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. (b) 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. (f) 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]
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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 those 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.

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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.

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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 tax 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.
- Code of Ordinances
TITLE 3 - FINANCE
CHAPTER 2. - REVENUE
ARTICLE 1. - TAXES
DIVISION 4. TRANSIENT OCCUPANCY
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DIVISION 4. TRANSIENT OCCUPANCY
Sec. 3-2.1.401. Title.

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 Clerk.
(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 of time 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.

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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:
(a) A person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax;
(b) A federal or state officer or employee when on official business; or (c) 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:
(a) The name of the operator;
(b) The address of the hotel;
(c) 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 Created: 2022-05-13 14:23:04 [EST]
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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.

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(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. - Code of Ordinances
TITLE 3 - FINANCE
CHAPTER 2. - REVENUE
ARTICLE 1. - TAXES
DIVISION 5. SPECIAL PARCEL TAX
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DIVISION 5. SPECIAL PARCEL TAX
Sec. 3-2.1.501. Short title.

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 )
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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.

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( 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]
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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.

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(d) Applications shall be verified by the oath of the applicant, if a natural person, of by the oath of one 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;
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(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 location 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.

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(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:

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(a) "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. (b) "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.
(d) "Real property" refers to an estate or interest in land. (e) "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.
(a) 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.
(b) 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.
(a) The Council shall determine whether real property is surplus to City needs. (b) 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.
(c) 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.
(a) 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:
(1) 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.
(2) 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. (3) Bonds issued by the City.

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(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(l);
(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.

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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 to 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(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 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.

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(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 applicant 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.

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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(5) 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.
(b) 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:

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(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 of financial 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 Created: 2022-05-13 14:23:06 [EST]
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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 building 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:

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(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.

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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 thereof 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." Created: 2022-05-13 14:23:06 [EST]
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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.

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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.

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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 Council 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.

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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, profession, 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 Created: 2022-05-13 14:23:07 [EST]
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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 Safety 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 plants) , or vertical planes, each plane shall be counted as a separate canopy area. (e) "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. (f) "Cannabis business tax" or "business tax," means the tax due pursuant to this article for engaging in cannabis business in the City.
(g) "Commercial cannabis cultivation" means cultivation in the course of conducting a cannabis business. (h) "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.
(k) "Distributor" shall mean persons engaging in Distribution. (l) "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 tangible 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.

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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," 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 to 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.

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(t) “Medicinal Cannabis Delivery-Only Retailer” means a retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with California Health and Safety Code section 11362.765 with a Type 9 – M license from the California Department of Cannabis Control.
(t(u) "Nursery" means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(uv) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
(w) “Primary Caregiver” has the same meaning set forth in Cal. Health & Safety Code §§ 11362.5(e) and 11362.7(d).
(x) “Qualified Patient” has the same meaning set forth in Cal. Health & Safety Code § 11362.7(f). (v(y) "Sale" means and includes any sale, exchange, or barter. (wz) "State" means the State of California.
(xaa) "State license," "license," or "registration" means a state license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable state law. y(bb) "Tax Administrator" means the Finance Director of the City of California City or the City Manager’shis or her designee.
(zccbb) "Testing Laboratory" means a cannabis business that (i) offers or performs tests of medical cannabis or medical cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state and (v) is registered with the State Department of Public Health.
( Ord. No. 17-748, § 1, 6-6-2017; Ord. No. 21-786 , § 2, 4-27-2021) Sec. 3-2.8.050. Tax Imposed.
(a) Beginning July 1, 2018, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax.
(b) The initial rate of the cannabis business tax shall be as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Seven dollars ($7.00) annually per square foot of canopy space in facility that uses exclusively artificial lighting.
b. Five dollars ($5.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting.
c. One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
d. Fifty cents ($0.50) annually per square foot of canopy space for any nursery.

2. For every person who engages in the operation of a testing laboratory: 2% of gross receipts.

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3. For every person who engages in manufacturing: 21% of gross receipts.

4. For every person who engages in distribution: .51% of gross receipts.

5. For every person who engages in a cannabis business not identified in Subsection 1. through 4.: 6% of gross receipts.
(c) The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax. However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to subdivision (d) of this section for the date on which the adjusted rate will commence. (d) The maximum rate shall be calculated as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Through June 30, 2021, the maximum rate shall be:
i. Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.
ii. Five dollars ($5.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting. iii. One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
iv. Fifty cents ($.50) annually per square foot of canopy space for any nursery. b. On July 1, 2021 and on each July 1 thereafter, the maximum annual tax rate per square foot of each type of canopy space shall increase by the percentage change between January of the calendar year prior to such increase and January of the calendar year of the increase in the Consumer Price Index ("CPI") for all urban consumers in the Los-Angeles-Riverside-Orange County areas as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.

2. For every person who engages in a cannabis business in the City other than commercial cannabis cultivation the maximum rate shall be the rate set forth in subdivision (b) of this section. ( Ord. No. 17-748, § 1, 6-6-2017; Ord. No. 21-786 , § 3, 4-27-2021) Sec. 3-2.8.060. Reporting and Remittance of Tax.
(a) The cannabis business tax imposed by this article shall be paid, in arrears, on a quarterly basis. For commercial cannabis cultivation, the tax due for each calendar quarter shall be based on the square footage of the business's canopy space during the quarter and the rate shall be 25% of the applicable annual rate. For all other cannabis businesses activities, the tax due for each calendar quarter shall be based on the gross receipts for the quarter.
(b) Each person owing cannabis business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the Tax Administrator a statement of the tax owed for that calendar quarter and the basis for calculating that tax. The Tax Administrator may require that the statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar quarter shall be due and payable on that same date as the statement for the calendar quarter is due. (c) Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar quarters up to the calendar quarter during which cessation occurred.

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(d) The Tax Administrator may, at his or her discretion, establish shorter report and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure collection of the tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar quarter, be made by a taxpayer at the beginning that calendar quarter. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar quarter. The Tax Administrator may require that a taxpayer make payments via a cashier's check, money order, wire transfer, or similar instrument.
(e) For purposes of this section, the square feet of canopy space for a business shall be rebuttably presumed to be no less than the maximum square footage of canopy allowed by the business's City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case shall canopy square footage which is authorized by the permit or license but not utilized for cultivation be excluded from taxation unless the Tax Administrator is informed in writing, prior to the period for which the space will not be used, that such space will not be used. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.070. Payments and Communications—Timely Remittance.

Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday, the due date shall be the next regular business day on which the City is open to the public.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.080. Payment—When Taxes Deemed Delinquent.

Unless otherwise specifically provided under other provisions of this article, the taxes required to be paid pursuant to this article shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 3-2.8.060 and 3-2.8.070.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.090. Notice not Required by the City.

The City may as a courtesy send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this article. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this article. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.100. Penalties and Interest.
(a) Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this article on or before the due date shall pay penalties and interest as follows:

1. A penalty equal to 10% of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of 1.0% per month.

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2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to 25% of the amount of the tax, plus interest at the rate of 1.0% per month on the unpaid tax and on the unpaid penalties.

3. Interest shall be applied at the rate of 1.0% per month on the first day of the month for the full month, and will continue to accrue monthly on the tax and penalty until the balance is paid in full. (b) Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this section, and any other amount allowed under state law.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.110. Refunds and Credits.
(a) No refund shall be made of any tax collected pursuant to this article, except as provided in Section 3-2.8.120. (b) No refund of any tax collected pursuant to this article shall be made because of the discontinuation, dissolution, or other termination of a business.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.120. Refunds and Procedures.
(a) Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this article, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one year of the date the tax was originally due and payable. (b) The Tax Administrator, his or her designee or any other City officer charged with the administration of this article shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so.
(c) In the event that the cannabis business tax was erroneously paid and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one year from when the error was identified. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.130. Personal Cultivation not Taxed.

The provisions of this article shall not apply to personal cannabis cultivation as defined in the "California Control, Regulate and Tax Adult Use of Marijuana Initiative". This article shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that personal use.
( Ord. No. 17-748, § 1, 6-6-2017)
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Sec. 3-2.8.140. Administration of the Tax.
(a) It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this article.
(b) For purposes of administration and enforcement of this article generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this article as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
(c) The Tax Administrator may take such administrative actions as needed to administer the tax, including but not limited to:

1. Provide to all cannabis business taxpayers forms for the reporting of the tax;

2. Provide information to any taxpayer concerning the provisions of this article;

3. Receive and record all taxes remitted to the City as provided in this article;

4. Maintain records of taxpayer reports and taxes collected pursuant to this article;

5. Assess penalties and interest to taxpayers pursuant to this article;

6. Determine amounts owed and enforce collection pursuant to this article. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.150. Appeal Procedure.

Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this article may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the serving or mailing of the determination of tax due. The City Clerk 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 finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this article for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.160. Enforcement—Action to Collect.

Any taxes, penalties and/or fees required to be paid under the provisions of this article shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this article or the failure to comply with any of the provisions of this article.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.170. Apportionment.

If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity Created: 2022-05-13 14:23:07 [EST]
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actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.180. Constitutionality and Legality.

This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this article shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.190. Audit and Examination of Premises and Records. (a) For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses.

In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records. (b) It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee shall have the right to inspect at all reasonable times.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.200. Other Licenses, Permits, Taxes, Fees or Charges. (a) Nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other article of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other article of this Code or any other ordinance or resolution of the City. Any references made or contained in any other article of this Code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be is deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other article of this Code. (b) Notwithstanding subdivision (a) of this section a cannabis business shall must not be required to pay the license fee required by Division 2 of Article 3 of Chapter 2 of Title 3 of this Code so long as all of business's activities within the City that would require payment of a license fee are activities subject to the cannabis business tax, excluding fees for name badges for employees.

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(c) The Tax Administrator may revoke or refuse to renew the license required by Section 3-3.2.201 of this Code for any business that is delinquent in the payment of any tax due pursuant to this article or that fails to make a deposit required by the Tax Administrator pursuant to Section 3-2.8.060. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.210. Payment of Tax does not Authorize Unlawful Business. (a) The payment of a cannabis business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable state laws. (b) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.220. Deficiency Determinations.

If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this article is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3-2.8.240. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.230. Failure to Report—Nonpayment, Fraud.
(a) Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this article at any time:

1. If the person has not filed a complete statement required under the provisions of this article;

2. If the person has not paid the tax due under the provisions of this article;

3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this article; or

4. If the Tax Administrator determines that the nonpayment of any business tax due under this article is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this article and any other penalties allowed by law. (b) The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under Created: 2022-05-13 14:23:07 [EST]
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each applicable section of this article, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.240. Tax Assessment—Notice Requirements.

The notice of assessment shall be served upon the person either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this article; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.250. Tax Assessment—Hearing, Application and Determination.

Within thirty (30) days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five (5) days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section 3-2.8.240 for giving notice of assessment.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.260. Conviction for Violation—Taxes not Waived.

The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this article or of any state law requiring the payment of all taxes.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.270. Violation Deemed Misdemeanor.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. ( Ord. No. 17-748, § 1, 6-6-2017)
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Sec. 3-2.8.280. Severability.

If any provision of this article, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or the application of this article to any other person or circumstance and, to that end, the provisions hereof are severable.
( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.290. Remedies Cumulative.

All remedies and penalties prescribed by this article or which are available under Title 1 of the City Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.300. Amendment or Repeal.

This article may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this article. The people of the City of California City affirm that the following actions shall not constitute an increase of the rate of a tax:
(a) The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the City Council has acted to reduce the rate of the tax;
(b) An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; or
(c) The collection of the tax imposed by this article, even if the City had, for some period of time, failed to collect the tax.
( Ord. No. 17-748, § 1, 6-6-2017)
CHAPTER 3. EXPENDITURES
ARTICLE 1. BUDGETED EXPENDITURES1
Sec. 3-3.101. Definitions.

For the purposes of this Article, the following definitions apply:
1 Editor's note(s)—Ord. No. 13-717, § 2, adopted April 16, 2013 , repealed former Art. 1, Divs. 1—5, in its entirety and enacted new provisions as herein set out. Former Art. 1 derived from the 1998 printing of this Code and Ord. No. 07-650, 7-7-2007; 09-681, 10-6-2009.

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(a) "UPCCAA" shall mean the Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq.
(b) "Commission" shall mean the Uniform Construction Cost Accounting Commission, created pursuant to Public Contract Code Section 22010.
(c) "Maintenance work" is defined in Public Contract Code Section 22002. (d) "Public project" is defined in Public Contract Code Section 22002. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.102. Adoption of Purchasing System.
(a) A purchasing system is adopted, pursuant to the requirements of the UPCCAA and Government Code Section 54202, in order to establish efficient procedures for the purchase of supplies, services, and equipment, to secure for the city supplies, services, and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases.
(b) The requirements of the UPCCAA shall be applicable to all contracts and purchases on public projects. (c) The requirements of the UPCCAA shall also be applicable to the City's purchase of all goods, equipment or services and contracts for "maintenance work," except as may be specifically provided under state or local law to the contrary.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.103. Centralized Purchasing System.

The purchasing system is intended to be centralized within the administrative services function of the City.

The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the Purchasing Agent, however such purchases shall be made in conformity with the established procedures.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.104. Purchasing Agent.
(a) The City Manager is the Purchasing Agent and may appoint a designee to administer the purchasing system.

The designated purchasing agent's authority and responsibilities shall be in accordance with all applicable resolutions and administrative regulations established by the City. (b) The Purchasing Agent shall:
(1) Purchase or contract for the supplies, services and equipment required by any city department in accordance with the purchasing procedures and such other rules and regulations as may be prescribed by the City Council;
(2) Negotiate and recommend the execution of contracts for the purchase of supplies, services and equipment;
(3) Recommend to the City Council, rules governing the purchase of supplies, services and equipment.

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(4) Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;
(5) Supervise the sale of surplus or unused supplies and equipment or transfer between departments as needed;
(6) Recommend the sale of surplus real property; and
(7) Maintain a bidder's list of vendors, catalog file and such other records needed for the efficient operation of the purchasing department.
(c) In connection with these activities, the purchasing agent shall endeavor to obtain as full and open competition as possible on all purchases, and shall keep informed of current developments in the field of purchasing, prices, market conditions and products.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.105. Requisitions.

Rules governing the purchasing system, either by resolution or administrative regulation, shall provide procedures that require every department to submit requests and estimates for supplies, equipment and services to the designated Purchasing Agent in a prescribed requisition process at least annually. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.106. Encumbrance of Funds.

Except in cases of emergency, the Purchasing Agent shall not issue any purchase order or approve any written agreement, unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.107. Inspection and testing.

The Purchasing Agent, in his or her discretion, shall have the authority to inspect supplies and equipment delivered, or services rendered, to determine their conformance with the specifications set forth in the original contract or order.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.108. Uniform Public Construction Cost Accounting Act Adopted. (a) The City Council of the City of California City hereby adopts the UPCCAA for the purpose of prescribing regulations governing all purchases and contracts awarded by the City. In accordance with the terms of the Act, the City may utilize the Act's procedures when contracting for "public projects" as defined in Public Contract Code Section 22002. Pursuant to Public Contract Code Section 22003, the City may also use the Act's procedures for any other work which does not fall within the definition of a "public project." (b) Nothing shall preclude the City from utilizing more restrictive procedures. ( Ord. No. 13-717, § 2, 4-16-2013 )
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Sec. 3-3.109. Bidding, Contracting and Purchasing Procedures. (a) Small Purchase Procedures. Public projects, maintenance work, and the purchase of any supplies, equipment and services, which are in accordance with the limits established in Public Contract Code Section 22032(a), may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
(b) Informal Procedures. Public projects, maintenance work, and any purchase of supplies, equipment and services which are in accordance with the limits established in Public Contract Code Section 22032(b), may be let to contract by following the Act's informal procedures. The informal procedures include the following:
(1) Contractors List. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the requirements of Public Contract Code Section 22034, together with any criteria promulgated by the Commission from time to time. (2) Notice Inviting Bids. At least ten (10) calendar days before bids are due, a notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid, and to all construction trade journals specified pursuant to the requirements of Public Contract Code Section 22036; provided however:
(i) Additional contractors and trade journals may be notified at the discretion of the Purchasing Agent.
(ii) For public projects, if there is no list of qualified contractors maintained by the CITY for the particular category of work to be performed, the notice inviting bids shall be sent to the construction trade journals specified by the Commission. (iii) For circumstances not involving public projects, where there is no list of qualified contractors maintained by the City for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall be made in conformity with procedures established by the Purchasing Agent from time to time. Whenever possible, bids should be solicited from at least three (3) qualified bidders.
(iv) If the product or service is proprietary in nature, such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to those contractor(s).
(3) In situations where a contract was originally presumed to fall within the informal bid limits in Public Contract Code Section 22032(b), but where all bids received are in excess of those limits, the city council may still award the contract if the requirements of Public Contract Code Section 22034(f) have been met.
(c) Formal Procedures. Public projects which are in accordance with the limits established in Public Contract Code Section 22032(c), shall be let to contract pursuant to the formal procedures set forth in the UPCCAA and as described in this Article. Except as provided in this code or under law to the contrary, contracts for maintenance work, and any purchase of supplies, equipment and services in accordance with the limits established in Public Contract Code Section 22032(c) may also be let to contract pursuant to the formal procedures in this section.
(1) Notice Inviting Bids.
(i) Formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation pursuant to the requirements of Public Contract Code Section 22037.

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(ii) The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in Public Contract Code Section 22036. For circumstances not involving a public project, where there is no construction trade journal for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall instead be made in conformity with established procedures. All notices under this paragraph shall be sent at least fifteen calendar days before the date of opening the bids.
(iii) In addition to notice required by this Article, the city may give such other notice as it deems proper.
(2) The city council shall adopt plans, specifications and working details for all public projects requiring the formal bid procedure, pursuant to Public Contract Code Section 22039. (3) All public projects shall be awarded as provided in the UPCCAA. (d) Contract Approval.
(1) The city's purchasing agent has authority to execute all contracts or purchase orders valued at $1,000.00 or less.
(2) All contracts or purchase orders over $1,000.00 shall be approved by the city council. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.110. Bid Acceptance or Rejection.
(a) Processing Bids. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. It is the responsibility of the bidder to ensure receipt of the bid document by the City Clerk by the designated hour. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
(b) Bid Acceptance or Rejection.
(1) Rejection of All Bids. In its discretion the City Council may reject all bids presented, if City, prior to rejecting all bids and declaring that the project can be more economically performed by City employees, furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of The city's intention to reject the bid, and shall be mailed at least two (2) business days prior to the hearing where the bid will be rejected. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city may:
(i) Abandon the project or readvertise for bids; or
(ii) Following passage of a resolution of the City Council by a four-fifths (⅘) vote stating the project can be performed more economically by the employees of the City, the City may have the project done by force account without further complying with the requirements of the Act. (2) All contracts for public projects shall be awarded to the lowest responsible bidder as provided in the UPCCAA. All other informally or formally bid contracts shall be awarded to the lowest responsible bidder, unless otherwise provided in this code. If two (2) or more bids are the same and the lowest, the City may accept the one it chooses.
(3) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or negotiated contract without further complying with this article.

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( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.111. Exceptions to Bidding Requirements.
(a) Except as otherwise provided by law, the following purchases of services, supplies and equipment shall be by negotiated contract without requiring a bidding process:
(1) Contracts for professional services, including but not necessarily limited to contracts with accountants, auditors, attorneys, plan checkers, inspectors, surveyors, architects, engineers, CEQA consultants, information systems consultants, financial consultants, election services consultants, public relations consultants and related activities, negotiation for or acquisition of land, insurance, bonds, and other similar contracts, subject to the requirements in Sections 4526 through 4529.5 and Section 37103 of the Government Code.
(2) Contracts where a commodity or service is offered by only one (1) vendor, or when only one (1) vendor is able to supply a commodity within the time frame or under terms and conditions which reasonably meet the needs of the city (sole source).
(3) Contracts where the purchase is procured pursuant to a competitively bid contract awarded by another public entity.
(4) Where the services, supplies and equipment are procured under a contract set forth on the California multiple award schedule (CMAS). Contracts under this exception must be approved by the City Council upon a finding that the proposed contract offers the best pricing. Whenever possible, the proposed contract should be based on at least three bids. City's agents shall attempt to negotiate a lower price from the CMAS contractor(s) whenever possible.
(5) The day-to-day operation of the city's self-insurance, or insurance retention, programs are exempt from these requirements, when performed in cooperation with the City's risk manager. (6) Other exceptions authorized by law.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.112. Emergency Contracting and Purchases.
(a) In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two. (b) In case of emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter

2.5 of the Public Contract Code, commencing with Section 22050. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.113. Professional services.

All persons or entities rendering professional services to the City shall render such services pursuant to a professional services agreement, in a form approved by the City Attorney. All persons rendering professional services pursuant to a professional services agreement shall not be subject to the City's Municipal Code as it relates to employees of the City. Such persons shall be considered independent contractors and not employees of the City.

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( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.114. Disposition of surplus supplies and equipment.

All City departments shall submit to the designated purchasing agent reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. The Purchasing Agent shall have authority to dispose of such supplies and equipment in a manner which bests suits the City's needs, as prescribed by resolution or administrative regulation.
(a) The amounts received for any property sold pursuant to this Article shall be deposited in the general fund, unless otherwise directed by the City Manager.
(b) Except as provided by state law, the Purchasing Agent may be requested to assist when disposing of unclaimed or abandoned property in the possession of the Police Department. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.115. Services Performed by City Employees.

Nothing in this Article shall preclude employees of the City from performing work or services allowed by federal, state and local laws.
( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.116. Deferred Improvements.
(a) The City shall spend the money in the SDI Fund:
(1) To promptly construct any SDI Improvements remaining for tract numbers 3281, 3282, and 3288. (2) To construct SDI Improvements for SDI Tracts not identified in (a) as the need arises. As used herein, "construction" means the actual costs related to and necessary to construct and put improvements in place for their intended use, including but not limited to the design, solicitation, evaluation, award of construction contracts, and administration of construction contracts. (3) To pay the costs of maintenance of SDI Improvements. As used herein, "maintenance" means the actual cost of operating and maintaining SDI Improvements, but does not include the cost of administering operation and maintenance programs.
(b) The City's policy on expenditures of monies in the SDI Fund for the construction of SDI Improvements is to encourage the development of new home construction consistent with prudent municipal development and expending as much of the accumulated money as necessary to provide for and stimulate the development of SDI Tracts. The City's goal is to develop sufficient interest to require the annual expenditure of 5% to 10% or more or less of the accumulated SDI Fund.
(c) On or before May 1st of each year, the City Engineer shall submit a list of proposed SDI Improvements to the SDI Advisory Committee and City Manager. A SDI Lot Owner may also propose an SDI Improvement by submitting a description of the project. Except when an urgency exists, e.g., a home under construction, proposals by SDI Lot Owners shall be reviewed by the City Engineer as described in the annual report. SDI Lot Owners proposing SDI Improvements are encouraged to submit evidence showing how the proposal will benefit SDI Lots and how the proposed improvements will be used at an early date. Proof of impending construction such as working drawings, approved construction loan, monies in escrow, building plans and water meter application must be shown to ensure the SDI Lot Owner is committed to improving the lot.

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(d) The SDI Advisory Committee and the City Manager shall evaluate the report of the City Engineer and make recommendations to the City Council concerning the construction of the SDI Improvements as part of the annual budget process. The City Engineer shall prepare plans and specifications for each SDI Improvement project identified in the approved budget and shall submit such plans and specifications to the Council for action during the first quarter of each fiscal year. SDI Improvement projects identified in the approved plans and specifications shall be constructed as soon as feasible, taking into consideration variations in staffing, climate, and staging of projects.
(e) The City may expend monies from the SDI Fund to maintain SDI Improvements and pay for administrative expenses as permitted by this Article under the terms and conditions of this Section. (f) Money shall annually be transferred from the SDI Fund to the City's General Fund for such purpose and shall not exceed the lesser of:
(1) $290,000.0 per fiscal year, which total may be an average of such expenditures over a four-year period. (2) The amount of money in the SDI Fund attributable to investment earnings (as opposed to principal). (3) The amount of money in the SDI Fund which the City Engineer and the Finance Director jointly certify to exceed the anticipated cost of constructing outstanding SDI Improvements for SDI Tracts. (4) The cost of maintaining SDI Improvements.
( Ord. No. 13-717, § 2, 4-16-2013 )
ARTICLE 2. UNBUDGETED
Sec. 3-3.201. Scope.

Claims for money or damages against the City, its officers or employees, including claims not otherwise governed by the Tort Claims Act, shall be presented as set forth in this article.

Sec. 3-3.202. Time and Manner of Presentations.

Claims shall be filed within the time limits and in the manner prescribed by Chapter 1 of Division 3.6 commencing with Section 900 of the Government Code.

Sec. 3-3.203 Claims.
(a) A claim by a vendor shall be presented by the City Clerk to the department head who authorized the claim for written approval. The claim shall then be presented to the City Clerk for certification as to the accuracy of the claim and the availability of funds for payment. The Council shall audit such claims before authorizing payment.
(b) A claim not filed by a vendor under contract with the City shall be presented by the City Clerk to the City Manager who shall consult with the City Attorney concerning the disposition of the claim. The City Attorney shall prepare a written report on claims for more than $5,000.00. Claims shall be presented to the City Council for action within forty-five (45) days of filing. (c) The City Manager may compromise claims for not more than $5,000.00. The City Manager shall provide the City Council with a quarterly report on compromised claims under this subsection. (Ord. No. 07-650, 7-3-2007)
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Sec. 3-3.204. Council Approval.
(a) The Council shall not consider a claim unless the claim is itemized, giving the names, dates, and particular services rendered, the character or the process, the distance traveled, the character of the work done, the number of days engaged, the materials and supplies furnished, when, to whom, and in what quantity furnished, the price therefor, and any other pertinent details, as the case may be. (b) If a claim is determined to be a proper charge against the City, the claim shall be allowed by a resolution or minute order of the Council setting forth as to each claim, the name of the claimant, a brief statement of the claim, and the amount allowed.
(c) If a claim is approved by the Council, the City Clerk shall endorse upon each of the duplicate copies the words "Allowed by the City Council of the City of California City." The resolution or minute order approving the claim, its amount, and the fund it is drawn against shall be attached, and the City Clerk shall attest to the same.
(d) If the Council finds a claim is not a proper charge , the claim shall be rejected by resolution or minute action.

The fact of rejection shall be plainly endorsed upon the claim by the City Clerk.

Sec. 3-3.205. Issuance of Checks.
(a) No checks shall be issued by any officer or employee of the City except in accordance with this Section. (b) The City Treasurer may draw checks for: payroll. utility fees and charges, petty cash replenishment, SDI improvement reconveyance fees, aircraft fuel delivered to the municipal airport on a COD basis, and emergencies (herein collectively "pre-issue authority"), with or without council approval as necessary to pay for such item in a timely manner if the Finance Director has certified the checks are for valid indebtedness and money is available in the City Treasury to pay the amount represented by these checks. The Mayor or other person designated by the council by resolution shall sign checks presented by the Treasurer. (c) The City Treasurer shall draw checks for matters other than those covered by pre-issue authority only after the council has approved the expenditure. The council shall approve such expenditures only if the Finance Director has certified the indebtedness is valid and subsisting, and money is available to pay the amounts represented by the checks. The Mayor or other person designated by the council by resolution shall sign such checks after approval by the council.
(d) The City Treasurer shall disburse properly approved checks to the creditor after approval and signature as set forth in this Section.
(Ord. No. 07-650, 7-3-2007)
ARTICLE 3. LOCAL BUSINESS PREFERENCE PROGRAM
Sec. 3-3.301. Definitions.

For the purposes of this Article, the following definitions apply:
(a) "Awarding Authority" means the City Council or any officer or employee of the City authorized to award or enter into any Contract, as defined in this Article, on behalf of the City. (b) "Bid" means any response to a City solicitation for bids. (c) "City" means California City
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(d) "Contract," for purposes of this Article only, means a written agreement for the purchase of equipment, goods, supplies or services by or for the benefit of the City, involving consideration up to $1,000,000.00.
(e) "Contractor" means a person, business, or entity submitting a bid, seeking to be awarded a City Contract.
(f) "County" means the County of Kern.
(g) "Local Business" means a business entity that meets all of the criteria established under this Article. (h) "Proposal" means any response to a City solicitation for proposals. ( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.302. Award of Local Business Preference.
(a) In the competitive bidding process Awarding Authorities are authorized to extend a Local Business Preference to Contractors qualifying as a Local Business in accordance with the requirements of this Article. (b) Local Business Preferences shall only be granted on City Contracts involving the procurement of equipment, goods, supplies or services. A Local Business Preference shall not be granted in any situation where it would otherwise be prohibited under state or federal law.
(c) If granted, the Local Business Preference shall be in the form of a 5% price advantage in the evaluation of a Contractor's total Bid price, not to exceed a maximum benefit of $50,000.00. The Local Business Preference shall be used for the sole purpose of determining the lowest bid. (d) Before a Contractor can be considered for Local Business Preference, it must certify in its Bid that it qualifies as a Local Business in accordance with the requirements of this Article. The certification shall be submitted on a form prepared by City for this purpose. The Contractor's certification shall constitute an application to the City, seeking a determination whether the Contractor qualifies as a Local Business for the purpose of the Contract being bid. The certification, and all information submitted in support thereof, shall be submitted by Contractor under penalty of perjury. The City shall not be required to verify the accuracy of the certifications or the supporting information, but it may do so. City shall have sole and absolute discretion to determine if a Contractor qualifies. City retains the right to deny a Local Business Preference in any situation where it would not be in the City's best interest, or where it is unclear whether the requirements of this Article have been met. The city manager shall be responsible for making all determinations under this Article, and the city manager's decision shall be final. Decisions of the city manager may be called up for review by the city council, in its discretion. Contractors shall have no recourse against City related to the denial of any application for certification.
(e) Qualification as a Local Business on one Contract shall not automatically qualify a Contractor for future Contracts, but prior qualification is a factor which may be considered. If a Contractor affirms under penalty of perjury that no information has changed since its last certification, information previously submitted may be considered for purposes of qualification under a new Contract. ( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.303. Qualified Local Business.

To qualify as a Local Business, a Contractor must satisfy all of the following criteria:
(a) The Contractor must have a valid California City business license.

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California City City CouncilJune 25, 2024

California City City Council
June 25, 2024