1 MINUTES
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).
______________________________________________________________________________________ 4:30 PM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 4:33 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
APPROVAL OF AGENDA:
Councilmember Creighton moved to approve agenda with the following changes: removal of item SB9; moving item CB3 to CB2; and to hear item NB3 after item CB2. Motion seconded by Mayor Pro Tem Smith.
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
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak. there were no public comments on the closed session agenda.
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
The City Council reconvened from closed session at 5:17 p.m. Deputy City Attorney Karin A. Schambeck reported that the City Council entertained two items for closed session and that on item CS1, there was no reportable action. However, on item CS2, the Council by motion presented by Mayor Pro Tem Smith, seconded by Councilmember Creighton had given direction to staff with respect to a settlement.
Mayor Pro Tem Smith moved to provide direction to staff relative to settlement. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Creighton, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: Councilmembers Cooper & Kulikoff
ABSENT: None
MOTION CARRIES: 3-2
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
3 CALL TO ORDER: Mayor Kulikoff called the meeting to order at 5:18 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.
DEPARTMENTAL REPORTS
a. Police
b. Finance
Departmental Reports were presented, received, and filed. Public comments on departmental reports were offered by Al Hudson, Shawn Bradley, J. M. Powers, and Jane Riding.
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.
City Clerk Betancur stated that communications were received from Diane Perry regarding items CB2 and CB3.
Also, communications were received by J. M. Powers. These communications were accordingly included in the agenda packet.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
Anthony Myers praised Acting City Manager Lamberth on a well-executed tortoise days event; there were other announcements regarding the backpack & job fair on August 10, summer breeze a day with our senior citizens; and monthly community ride on Wednesday, June 26 at Balsitis Park.
PRESENTATIONS
Capital Advocacy Presentation
US Presentation-Evoly Meters
Dana De Beaumont presented on behalf of CAP. Hassan Lantry presented on behalf of Evoly Meters.
Public comments on these presentations were offered by John fisher, Kristy Mutch, Dwayne Vasquez, Al Hudson, Mark Hawkins, J. M. Powers, and Shawn Bradley.
PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
Public comments from the floor were offered by DJ Twohig, Jessica R, Shawn Bradley, Al Hudson, Christy Mutch, J. M. Powers, John Fisher, Mary Wady, Tami Johnson, and unknown speaker. 4 Public comments from the floor were offered by Anthony Myers, John Fisher, Michelle Iverson, Kristy Mutch, Wayne Vasquez, Juanita Dennis, Randy Cody, Helen Cody, Tami Johnson, J. M. Powers, Al Hudson, Bridget Landy, and Shawn Bradley.
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.
Public comments on the consent calendar were offered by Tami Johnson.
Mayor Pro Tem Smith moved to approve the consent calendar. Motion seconded by Councilmember Kulikoff.
Mayor Pro Tem Smith, yes on CC1 and CC2, no on CC3.
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 reported on the Junior Clinic at the golf course, which was attended by 16 children; spoke about the veteran’s event at the Strata Center, RPU elementary first grade students visited the residents and recited about five (5) poems; commented that there is also a report on ARPA funds, which was prepared by Interim Fire Chief Vincent on the reallocation of ARPA Funds; a report by Acting Police Chief Hayes for some additional equipment as well as a report by City Clerk Betancur on upgrades to the City’s website.
There were Council comments relative to the amount of funds in the ARPA funds.
Public comments on the City Manager’s report were offered by Michelle Iverson, Dwayne Vasquez, Mary Wady, and Al Hudson.
5 City Council recessed at 7:57 p.m.
City Council reconvened at 8:09 p.m.
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.
Deputy City Attorney Schambeck confirmed that this item had been trailed after the discussion portion of the public hearing. Hence, no public comments will be entertained since the public comment had been closed earlier.
There was an extensive discussion relative to this item with Councilmember Creighton indicating he had received comments on this subject only from one person.
Councilmember Creighton asked if the Council should get concurrence on every item in succession or some other process. Upon concurrence by all, Councilmember Creighton sought concurrence on each item at a time.
Deputy City Attorney Schambeck interjected and informed the Council of a few changes in the current document v past documents in that there is a revised definition of the tax administrator, which was changed from the City Manager to the Finance Director with the other change having to do with what the Council wanted to remove what was previously, the item No. 4 which had to do with the Cannabis businesses providing a monthly itemized list of things that they had at their business and that is no longer in the proposal that is before the Council.
By consensus, the Council concurred on each item one at a time. Mayor Pro Tem Smith asked that if the items that were deleted could be entertained as a separate motion.
Mayor Pro Tem Smith moved to vote separately on the items that were deleted from the proposed ordinance.
Motion seconded by Councilmember Kulikoff. Motion failed due to lack of second.
Mayor Kulikoff restated the motion, which was to approve Ordinance No. 24-814 based on the Council’s consensus and direction provided on each item. Motion seconded by Councilmember Kulikoff. 6 AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
Upon request by Mayor Pro Tem Smith, the record will reflect that although he is voting yes on the main motion, that he was in opposition to deleting items No. 8, 11, and 19.
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).
Deputy City Attorney Schambeck presented the staff report.
There were no public comments on this item.
Councilmember Kulikoff moved to approved as presented. 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
CB2. Flyer Design for Measure B
Report: Mayor, Kelly Kulikoff
Recommended Action: Take appropriate Action as deemed necessary.
Public comments on this item were offered by Silver Farr and J. M. Powers.
Mayor Kulikoff clarified this item in the context of using Rosenberg’s rules of order to reconsider agenda items. 7 Mayor Kulikoff moved to trail the item to a date uncertain after the July 30, 2024, special election. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Creighton, Kulikoff, & Mayor Kulikoff NOES: None
ABSTAIN: Mayor Pro Tem Smith
ABSENT: None
MOTION CARRIES: 4-1
CB3. Suspension of Planning Commission.
Report: Kelly Kulikoff, Mayor
Recommended Action: As per City Council discussion.
Public comments were offered by Dave Brottlund, Al Hudson, Michelle Iverson, Jay Dunham, and Shawn Bradley.
A lengthy discussion ensued relative to the merits of the proposal, delays in approvals, more work for the Council, cancellation of meetings, lack of organizational structure, process for appeals, and the legal authority of the Council to suspend the Planning Commission without amending the Municipal Code.
Councilmember Creighton moved not to suspend the Planning Commission. Motion seconded by Mayor Pro Tem Smith.
AYES: Councilmembers Cooper, Creighton, & Mayor Pro Tem Smith NOES: Councilmember Kulikoff and Mayor Kulikoff
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 3-2
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. (Item removed from agenda earlier in the meeting by formal vote).
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 8 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.
There were no public comments on this item.
Councilmember Creighton moved to approve as presented. 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
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. (Item taken out of order)
Mayor Kulikoff and Councilmember Kulikoff recused themselves from participating in the discussion and accordingly left the room at 9:40 p.m. Following the discussion, both returned to the dais at 10:16 p.m.
Deputy City Attorney, Ephraim (Eppi) Margolin presented the staff report and answered Council’s questions.
Public comments on the Waste Management Agreement were provided by Al Hudson, Mary Wady, Anthony Myers, and Dwayne Vasquez.
Ashley Cortes, Senior Account Executive with Waste Management presented the report and answered questions from Council and the audience as well.
Councilmember Creighton moved to approve as presented. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Creighton, & Mayor Pro Tem Smith 9 NOES: None
ABSTAIN: Councilmember Kulikoff and Mayor Kulikoff
ABSENT: None
MOTION CARRIES: 3-2
NB3. Appointment of Planning Commissioner.
Report: Kelly Kulikoff, Mayor
Recommended Action: Staff recommends that the City Council takes appropriate action. (Item taken out of order)
There were no public comments on this item.
Councilmember Creighton presented the report and indicated that after careful consideration, Ms. Leilani Saavedra had been appointed to the Planning Commission to serve the remainder of the term vacated by former Planning Commissioner Conry.
Councilmember Creighton moved to recommend Ms. Saavedra for an appointment to the Planning Commission. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
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.
Mayor Pro Tem Smith moved to approve continuing budget Resolution No. 24-3036 with 20% reduction in operating expenses and 2/12ths.
There was an extensive discussion relative to a 20% reduction of the entire City budget and continuing a Resolution of 1/12. Councilmember Creighton stated that the budget should assume what the budget would look like if Measure B were to pass; and what it would look like if Measure B were to fail; not in favor of using the same budget numbers as last year. In addition, the discussion centered on a 20% reduction in operational expenses and bringing back in another month or even going as far as 2/12ths. Mayor Kulikoff concurred with the 20% reduction in operational expenses, but cautioned in limiting building and planning operations, which move the city forward; commented on the Acting City Manager to make the determination relative to the 20% in reductions with her staff.
Public comments on the budget were presented by Al Hudson, J. M. Powers, and Dwayne Vasquez. 10 Acting City Manager Lamberth stated that there were other things to consider like being in negotiations with CalPERS, Cafeteria, and other major issues.
Mayor Pro Tem Smith moved to approve at least 20% [reduction] in operational ($6,205,000) for the 23/24 budget, continuing Resolution of 2/12th. Councilmember Creighton clarified the motion as reduction of 20% in the operational funds, the operational stuff needs to be cut by 20% and divide that by 2/12ths to run for the next two months with the continuing Resolution good for up to 60 days. Motion seconded by Councilmember Creighton.
AYES: Councilmembers Cooper, Creighton, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: Councilmember Kulikoff
ABSENT: None
MOTION CARRIES: 4-1
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 Cooper – inquired about the status of the traffic study and asked to be brought back at the next council meeting.
Councilmember Creighton – Requested a closed session item regarding Stradling Yocca Carlson & Rauth and a status of what they are doing for the city; request to agendize the monument sign for city hall with the money that was donated and include a competition for the public to assist in the design; and agendize Granicus Ecomments when they pertained to specific agenda items.
Councilmember Kulikoff – No report.
Mayor Pro Tem Smtih – Stated he wanted to ask Acting City Manager Lamberth if staff could identify opportunities for CAPS involvement; requested that unpaid fines and citations be made a priority; commented on the audio system and the volume to the microphone system; suggested the Council consider a hiring freeze; suggested to make an exception for police and fire and asked the Acting City Manager Lamberth if the Council could be briefed on essential positions that need to be filled.
Mayor Kulikoff – Requested a discussion item to approve the City’s response to the Grand Jury report of findings for the next regular City Council meeting and asked all councilmembers to weight in on the response prior to the meeting.
ADJOURNMENT
Councilmember Kulikoff moved to adjourn the meeting. Motion seconded by Councilmember Creighton. Motion carried 5-0.
11 Seeing no further business to come before the City Council, the meeting was adjourned at 11:12 p.m. _____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk