Agenda — California City City Council, July 9, 2024 (part 1 of 3)

1 AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

REGULAR MEETING
TUESDAY JULY 9, 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/85692956293
Meeting ID: 856 9295 6293

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 – EXISTING LITIGATION The People ex rel. City of California City v. Macedonio Case No. BCV-23-102139

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.

DEPARTMENTAL REPORTS
a. Treasurer’s Report
b. Housing
c. Cannabis
d. OHV

CITY CLERK REPORTS/RECEIVED COMMUNICATIONS

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
3 PRESENTATIONS
 Granicus Live Manager Functionality (E-comments).

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 6/21/2024 through 7/3/2024 CC2. Approve Minutes of the Regular City Council Meeting of June 25, 2024.

CC3. Ratification of Amendments to the Municipal Code to Regulate Cannabis by Second Reading and Adoption of Ordinance No. 24-814.

CITY MANAGER REPORT

CONTINUED BUSINESS
CB1. Capitol Advocacy Program.

Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff kindly request that the City Council Approves the Extension of the CAP Contract so that We May Continue to Work Together Towards the Growth and Success of California City.

NEW BUSINESS
NB1. Discussion and Direction on E-comments.

Report: Councilmember Creighton
Recommended Action: That the City Council direct staff to read E-Comments and Emails Aloud During the Appropriate Portion of the Agenda up to the three (3) Minutes Allotted All Other Commenters.

NB2. Monument Sign for City Hall.

Report: Councilmember Creighton
Recommended Action: Council to Approve the Contest, Set Dates for the Contest Start and End, and Determine the Awards for First, Second, and Third Place Selections. 4 COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.

ADJOURNMENT

AFFIDAVIT OF POSTING
I, DARYL A. BETANCUR, City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards.

Dated: July 5, 2024
_____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk
Balance on Net Balance on Percent
4/30/2024 Transactions 5/31/2024 of Total
Bank of the Sierra -- General Checking $ 3,643,699 $ (298,315) $ 3,345,384 21.66% Bank of the Sierra -- Cannibas Checking $ 322,977 $ 247,076 $ 570,053 3.69% Sub-Total Operating Accounts $ 3,966,676 $ (51,239) $ 3,915,437 Balance on Net Balance on Percent
4/30/2024 Transactions 5/31/2024 of Total
Local Agency Investment Fund (122) $ 5,938,850 $ - $ 5,938,850 38.45% Kern County Investment Fund (20202) $ 4,568,983 $ 13,778 $ 4,582,761 29.67% Multi-Bank Securities (CD Manager) $ 1,006,498 $ 2,406 $ 1,008,903 6.53% Sub-Total Investment Accounts $ 11,514,331 $ 16,184 $ 11,530,515 Total City Operating Funds $ 15,481,007 $ (35,055) $ 15,445,952 100.00% Checking & CD Accounts 4/30/2024 Net Transactions 5/31/2024 Housing Corp. -- Bank of the Sierra, Checking $ 2,319,608 $ 20,728 $ 2,340,336 90.54% Housing Corp. -- Bank of the Sierra, CD 7653 $ 108,182 $ 420 $ 108,602 4.20% Housing Corp. -- Bank of the Sierra, CD 7654 $ 135,316 $ 525 $ 135,841 5.26% Total Housing Corporation Funds $ 2,563,106 $ 21,673 $ 2,584,779 100.00% Checking & CD Investment Accounts 4/30/2024 Net Transactions 5/31/2024 SDI -- Bank of the Sierra, Checking $ 526,685 $ - $ 526,685 0.61% SDI -- Bank of the Sierra CD $ 252,956 $ 982 $ 253,938 0.29% SDI -- US Bank Investments *$ 84,928,021 $ 526,302 $ 85,454,322 99.09% Total SDI Agency Funds $ 85,707,661 $ 527,284 $ 86,234,945 100.00% Checking & Investment Accounts 4/30/2024 Net Transactions 5/31/2024 Successor -- Bank of the Sierra, Checking $ 114,680 $ 7,500 $ 122,180 12.41% RDA/Successor -- US Bank Investments $ 862,084 $ - $ 862,084 87.59% Total Successor Agency Funds $ 976,764 $ 7,500 $ 984,264 100.00% California City, California 93505

TREASURER'S MONTHLY REPORT OF INVESTMENT
May 2024
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.

The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.

General Operating Accounts
General Investment Accounts
Restricted Housing Corporation Accounts
Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.

Restricted RDA/Successor Agency Accounts
1 of 2

INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 4/30/2024 5/31/2024
Beginning Market Value 85,687,420 84,928,021
Ending Market Value 84,928,021 85,454,322
(759,399) 526,302
4/30/2024 5/31/2024
Beginning Market Value - -
Ending Market Value - -
- -
4/30/2024 5/31/2024
Beginning Market Value 1 1
Ending Market Value 1 1
- -
4/30/2024 5/31/2024
Beginning Market Value 1 1
Ending Market Value 1 1
- -
4/30/2024 5/31/2024
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 862,084 862,084
Total "US Bank" Investment Assets 85,790,105 86,316,406 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST

TREASURER'S MONTHLY REPORT OF INVESTMENT
May 2024
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.

US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
2 of 2

COUNCIL AGENDA ITEM
July 9, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently have 94 apartments filled.
1 Unit are still undergoing rehab (flooring)
1 unit vacant ready to be rented
Waitlist currently has 80 applicants.

On July 4th, 2024, Desert Jade had their annual 4th of July potluck.

Legends
Currently has 5 apartments and 5 houses filled.
1 house undergoing rehab (flooring).

Waitlist is combined with Desert Jade

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
JULY 2024
PREPARED BY: Inge Elmes, Cannabis Tax Administrator
SUBJECT: CANNABIS MONTHLY DEPARTMENT REPORT

MONTHLY ACTIVITY
• A total of fifteen Cannabis Permit renewals were paid and processed. The city has sent email reminders to the businesses that have not renewed their permits to date. • Two facilities received their Certificate of Occupancy and were issued cannabis permits. • Out of the seven Notice of Violations issued, three submitted appeals, one additional business is pending. All will go through due process. The amounts owed total $252,542.02 in back taxes, which include penalties and interest due to the city, based on audit determination letters issued by Core Compliance.
• The additional three businesses that received Notice of Violations letters, in which the city received no response, have been submitted to the city’s legal team for further action. Those additional amounts owed to the city total $244,135.39.

ONGOING ACTIVITY
• Staff is collectively working to review all facilities for compliance and good standing. • Staff continues to collaborate in compliance efforts and compiling correct data. • Staff is working on updating cannabis spreadsheet with accurate information.

QUARTERLY TAX REPORT
Current taxes collected to date for FY 23/24 (does not include 4th quarter):
• Cultivation - $198,502.06
• Non-Cultivation - $301,610.78
• Penalties & Interest - $6,913.16
• Cannabis Back Taxes - $67,719.48

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
JULY 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
During the summer months, the season slows down significantly due to the extreme weather. The next major holiday will be the start of the season opener in September for Labor Day, weather permitting.

Operations
The new OHV Permit Season began July 1, 2024. Staff is equipped with new permits, application and passes that run from July 1, 2024 – June 30, 2025. Borax Bill Park & Station Visitor Center will be open Thursday – Sunday all summer.

Manager Updates
G23 grants for Grounds Operation, Education & Safety, and Law Enforcement will close in September, reimbursements will be submitted within the 120-day close out period. Focus is currently on finalizing budgets for the upcoming G24 grant cycle and FY 24/25 OHV Permit Program.

Finance Report
For the month of June, OHV sales totaled $1,763.00 . These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.

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

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 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

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
4864-0998-4173 v1

COUNCIL AGENDA ITEM
July 9, 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. Approve as presented for second reading and adoption.

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, and other persistent issues.

The proposed Ordinance also updates the City’s cannabis administrative fine schedule and increases the tax for cannabis manufacturing and distribution, as directed by the Council.

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 4864-0998-4173 v1
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.

On June 25, 2024, the Council gave direction regarding the proposed Ordinance, which is described below:

Elimination of the following proposed sections (as reflected in redline below):

- City’s Regulation of Medicinal Cannabis Delivery
- Live Scan/Identification Card Requirements – *NOTE that the current Municipal Code contains section 5-6-302(b) which requires employees to have a laminated badge while working. This is a state requirement, and the Municipal Code is in line with the Department of Cannabis Control Regulation 15043. Council may address this if it chooses
- Activation Requirement on Cannabis Delivery Business
- Signage for cannabis businesses

Modification of the following proposed section:

- Guard Dogs and Recreational Vehicles at Cannabis Facilities – require sign at knock box identifying animals on the premises
- Require all structures used for cultivation to be legally constructed

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 4864-0998-4173 v1
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) 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 4864-0998-4173 v1
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.

8. 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.

9. 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. 4864-0998-4173 v1

10. 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.

11. 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.

12. Require Conditional Use Permits for Alteration and Modification of Equipment at Cannabis Business (Amends CCMC Section 5-6.907) 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.

13. 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.
4864-0998-4173 v1

14. 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.

15. Ban Recreational Vehicles at Cannabis Facilities and Require Signage on Property to Identify Animals on Premises (Amends CCMC Section 5-6.902 and 5-

6.906)
The proposed Ordinance would require all property owners of a cannabis business to identify all animals on the property of a cannabis business unless the animal is a service animal as defined by Title II of the Americans with Disabilities Act. Property owners shall be responsible for paying the sum to have the sign installed at the knock box. 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.

16. 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.

17. Require all Structures used for All Cultivation to be Legally Constructed (Amend CCMC Section 5-6.1101)
The proposed Ordinance would require that all structures used for cultivating cannabis must be legally constructed with all applicable permits, such as grading, building, electrical, mechanical, and plumbing if necessary. 4864-0998-4173 v1

18. 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) 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.

19. 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.

20. 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. 4864-0998-4173 v1

ATTACHMENT
Ordinance No. _________
Department of Cannabis Control
Medicinal and Adult-Use Commercial Cannabis Regulations (March 2024) Page 79 of 229 §15043. Licensee Employee Badge Requirement.

All agents, officers, or other persons acting for or employed by a licensee conducting retail sales or participating in a temporary cannabis event shall display a laminated or plastic-coated identification badge issued by the licensee at all times while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee's “doing business as” name and license number, the employee's first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee's face and that is at least 1 inch in width and 1.5 inches in height.

Authority cited: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
§15044. Video Surveillance System.
(a) Each licensed premises shall have a digital video surveillance system with a minimum camera resolution of 1280 × 720 pixels on the licensed premises. This requirement does not apply to a licensed premises authorized exclusively for cultivation activities or the cultivation area of a licensed microbusiness premises.
(b) The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance.
(c) Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the licensed premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under subsection (d).
(d) Areas that shall be recorded on the video surveillance system include the following:
(1) Areas where cannabis or cannabis products are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the licensed premises; (2) Limited-access areas;
(3) Security rooms;
(4) Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area; and (5) Entrances and exits to the licensed premises, which shall be recorded from both indoor and outdoor vantage points.
(e) Licensed retailers and licensed microbusinesses authorized to engage in retail sales shall also record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
4884-5188-8813 v2

AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING (1) CHAPTER 5 (ADMINISTRATIVE CITATIONS) OF TITLE 1 (GENERAL PROVISIONS); (2) ARTICLE 8 (CANNABIS BUSINESS TAX) OF CHAPTER 2 (REVENUE) OF TITLE 3 (FINANCE); (3) CHAPTER 6 (REGULATION OF CANNABIS RELATED BUSINESSES AND
ACTIVITY) OF TITLE 5 (PUBLIC WELFARE); AND (4) ARTICLES 3 AND 29 (CANNABIS BUSINESSES AND CANNABIS DISPENSARIES) OF
CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND DEVELOPMENT)

OF THE CITY OF CALIFORNIA CITY MUNICIPAL CODE RELATING TO

CANNABIS
WHEREAS, Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; and WHEREAS, California City Municipal Code (“CCMC”) permits commercial cannabis activity or medicinal cannabis activity within the City; and WHEREAS, a statewide initiative entitled the “Control, Regulate and Tax Adult Use of Marijuana Act” (“AUMA”) was approved by voters on the November 2016 ballot.

AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives.

WHEREAS, AUMA expressly preserves local control over the regulation of cannabis-related businesses and cannabis-related land uses (Business & Professions Code § 26200, et seq.); and
WHEREAS, it is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property; and WHEREAS, the City Council desires to amend the Municipal Code to update how it regulates cannabis businesses in the City to permit the City to better regulate cannabis businesses.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS.

The City Council of the City of California City finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.

SECTION 2. AMENDMENT OF CHAPTER 5 (ADMINISTRATIVE CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) OF THE CALIFORNIA CITY MUNICIPAL CODE. 4884-5188-8813 v2
Title 1 (General Provisions) of the City of California City Municipal Code is hereby amended to read as follows in Exhibit A with deletions marked in strikethrough and additions in underline.

SECTION 3. AMENDMENT OF ARTICLE 8 (CANNABIS BUSINESS TAX) OF CHAPTER 2 (REVENUE) OF TITLE 3 (FINANCE) OF THE CALIFORNIA CITY MUNICIPAL CODE.

Title 3 (Finance) of the City of California City Municipal Code is hereby amended to read as follows in Exhibit B with deletions marked in strikethrough and additions in underline.

SECTION 4. AMENDMENT OF CHAPTER 6 (REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY) OF TITLE 5 (PUBLIC WELFARE) OF THE CALIFORNIA CITY MUNICIPAL CODE.

Title 5 (Public Welfare) of the City of California City Municipal Code is hereby amended to read as follows in Exhibit C with deletions marked in strikethrough and additions in underline.

SECTION 5. AMENDMENT OF TITLE 9 (LAND USE AND DEVELOPMENT) OF THE CITY OF CALIFORNIA CITY MUNICIPAL CODE.

Title 9 (Land Use and Development) of the City of California City Municipal Code is hereby amended to read as follows in Exhibit D with deletions marked in strikethrough and additions in underline.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The 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.

SECTION 7. SEVERABILITY.

If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, 4884-5188-8813 v2
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 9. CITY CLERK ACTION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED AND ADOPTED by the City Council of the City of California City on the __ day of _________, 2024.
______________________________________
Kelly Kulikoff, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney Daryl Betancur, City Clerk 4884-5188-8813 v2

STATE OF CALIFORNIA)

COUNTY OF KERN )

CITY OF CALIFORNIA CITY)
I, Daryl Betancur, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 24-__, was introduced at a regular meeting of the City Council of the City of California City held on the __ day of ________, 2024, and was passed by the City Council of the City of California at a regular meeting held on the __ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Daryl Betancur, City Clerk
- Code of Ordinances
TITLE 3 FINANCE
California City, California, Code of Ordinances Created: 2022-05-13 14:23:08 [EST] (Supp. No. 10)

Page 1 of 55 ends

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.

Created: 2022-05-13 14:23:03 [EST]
(Supp. No. 10)

Page 2 of 55 ends

Sec. 3-1.204. Voter-Approved Indebtedness.

By September 1 of each year, the Finance Officer shall file a statement of voter-approved indebtedness for the current fiscal year with the State Controller.

Sec. 3-1.205. Ad Valorem Tax for Indebtedness and Assessments.

By September 1 of each year, the Council shall establish by resolution the ad valorem tax necessary to pay prior approved indebtedness and assessments for the current fiscal year. The Finance Officer shall transmit a certified copy of the resolution to the Kern County Board of Supervisors, Kern County Auditor and Tax Collector.

Sec. 3-1.206. Financial Statement.
(a) By September 1 of each year, the Finance Officer shall file a statement of financial condition for the prior fiscal year with the State Controller using the Uniform System of Accounts. (b) The Finance Officer shall cause the preparation of an audit prepared by a certified public accountant.

Sec. 3-1.207. Investments.

By August 1 of each year, the Finance Officer shall present a written report for the prior fiscal year to the Council on investments, including compliance with the City's investment policy and recommendations for revisions to the investment policy.

Sec. 3-1.208. Deferred Improvement Funds: Reports.
(a) The Treasurer shall present quarterly reports on cash flow and the investments of the money in the SDI Fund to the SDI Advisory Committee, City Manager and the City Council. The report shall show: the type of investment; date of investment; how title is held; institution; date of maturity; par value; amount of each investment; current market value for all securities with a maturity of more than twelve (12) months; rate of interest; confirmation that each investment is consistent with this investment policy; information showing expenditure requirements can be met in the following quarter; and specify which investments were made pursuant to Government Code Sections 53601(i), 53601.1 and 53635(i). For money managed by LAIF, a county investment pool, or placed in FDIC insured accounts, the Treasurer may use the statement from these institutions in lieu of a separate report.
(b) The City Manager, Finance Director and SDI Advisory Committee (hereinafter collectively Investment Review Committee) shall review this investment policy annually on or about July 1st of each year and recommend changes as necessary to meet the above stated investment goals. The City Council shall consider any such recommendations made by the Investment Review Committee at a public meeting.

ARTICLE 3. FUNDS
Sec. 3-1.301. General Fund.

Unless otherwise provided by law, including this code, money received by the City shall be deposited in the "general fund." Money in the general fund may be used for any lawful purpose.

Created: 2022-05-13 14:23:03 [EST]
(Supp. No. 10)

Page 3 of 55 ends

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) "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.
(u) "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.
(v) “Primary Caregiver” has the same meaning set forth in Cal. Health & Safety Code §§ 11362.5(e) and 11362.7(d).
(w) “Qualified Patient” has the same meaning set forth in Cal. Health & Safety Code § 11362.7(f). (x) "Sale" means and includes any sale, exchange, or barter. (y) "State" means the State of California.
(z) "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. (aa) "Tax Administrator" means the Finance Director of the City of California City or the City Manager’shis or her designee.
(bb) "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.

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

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

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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. (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 Created: 2022-05-13 14:23:07 [EST]
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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.

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.

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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)
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.

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(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 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)
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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.
(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)
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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 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)
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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)
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)
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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:
(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 )
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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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. (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.

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(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 )
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.

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(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.
(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.

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(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.
( 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:

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

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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. (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 Created: 2022-05-13 14:23:07 [EST]
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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)
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 Created: 2022-05-13 14:23:07 [EST]
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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
(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.

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(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. (b) The Contractor's must have a physical business address located within the City limits, and the Contractor must have been lawfully conducting its business primarily from that location for at least three (3) months prior to the initial solicitation of Bids or Proposals for the Contract at issue. The Contractor must submit proof of local occupancy by supplying evidence of a lease, deed or other Created: 2022-05-13 14:23:08 [EST]
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documentation satisfactory to the City. A post office box shall not be used or considered for purposes of qualifying as a Local Business.
(c) If the Contract will involve the payment of any sales taxes, no Local Business Preference will be granted unless the primary point of sale for the Contract is located within the California City limits. (d) The Contractor must submit evidence that its business is in full compliance with all local laws, is current on all applicable licensing requirements, and is not otherwise delinquent on the payment of any fees, taxes or other amounts owed to the City.
(e) Status as a Local Business must be reestablished for each new Contract. ( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.304. Application of the Preference to Bids.

The Local Business Preference shall be applied to Bids and Proposals in the following manner:
(a) The City is authorized to give a Local Business Preference to a responsive, responsible Local Business, when awarding a Contract for the purchase of equipment, goods, supplies or services. The Local Business must be able to provide the equipment, goods, supplies or services in a manner and quality which meets the City's Bid specifications.
(b) When applying the Local Business Preference to a Bid or Proposal, the Awarding Authority shall reduce the total price Bid by the qualifying Contractor by 5%, with a maximum reduction of $50,000.0. The resulting amount shall be deemed the amount Bid by that Contractor for the sole purpose of evaluating the lowest bidder. If the Contactor is ultimately awarded the Contract, the Contract price shall in all events be the original amount Bid by that Contractor, not taking into account any Local Business Preference granted.
(c) If after allowing a Local Business Preference two or more bids are determined to be substantially equal, the Awarding Authority, in its discretion, may award the Contract to either party. ( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.305. Additional Requirements.

The preferences authorized under this Article shall be subject to the following additional requirements:
(a) This Article neither creates a right to receive a Bid preference, nor the duty to grant a Bid preference; and
(b) This Article only applies to Contracts involving the expenditure of funds entirely within the City's control. This Article shall not apply to Contracts involving state or federal grant funds, where the granting of preferences is prohibited.
(c) This Article shall not apply to Contracts which are required under state or federal law to be granted to the lowest responsible bidder, or in any situation where the granting of a Local Business Preference would otherwise be prohibited by law.
(d) Local Business Preferences shall not be granted on a sole source contract. ( Ord. No. 13-718, § 2, 5-21-2013 )
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Sec. 3-3.306. Effect of Failure to Maintain Status as Local Business. (a) Any Contractor granted a Local Business Preference must continue to maintain its qualifications as a Local Business for the duration of the Contract for which the preference was granted. Contractors shall have an affirmative duty to notify City if facts change, such that the Contractor no longer qualifies as a Local Business. (b) If a Contractor fails to maintain its qualifications under this Article, the Awarding Authority shall be entitled to withhold or recover from the Local Business an amount equal to the value of the Local Business Preference granted. The Awarding Authority may also withhold or recover any other costs reasonably incurred by the City as a result of the Contractor's failure to maintain its qualifications under this Article.

Prior to seeking to withhold or recover funds, City must provide 15 days prior written notice and opportunity to cure the violation to the Contractor.
(c) The remedies available to the City under this Section are cumulative to all other rights and remedies available to the City under law.
( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.307. Enforcement.
(a) No person or Contractor shall knowingly, and with an intent to defraud, obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining, retaining, or attempting to obtain or retain, certification as a Local Business for the purpose of this Article.
(b) No person or Contractor shall willfully and knowingly make a false statement, with the intent to defraud, whether by certification, affidavit, report or other representation, to a City official or employee for the purpose of influencing a City decision to grant or deny certification as a Local Business. (c) Any Contractor that has obtained City certification as a Local Business by reason of having furnished false or misleading information, or by reason of having withheld information where the Contractor knew or should have known the information was false or misleading or that the information withheld was relevant to the City's determination, and as a result Contractor has been awarded a City Contract to which it would not otherwise have been entitled, shall:
(i) Immediately pay the City the difference between the full value of the Contract awarded to the Contractor, and the amount that would have been incurred by City if the Contract had been awarded to the next qualified bidder without taking the Contractor's Bid into account; (ii) In addition, Contractor shall pay the City an amount equal 5% of the amount of Contractor's bid; and (iii) Be subject to debarment from future award of Contracts from the City. (d) The requirements of this section shall be clearly explained in Contractor's application seeking certification as a Local Business, and shall be signed by Contractor.
( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.308. Quality and Fitness.

Nothing in this Article shall be construed to limit or restrict the City's right and obligation to compare the quality and fitness of all supplies, materials, equipment and services proposed to be purchased by City, or the duty to review and compare the character, responsibility, fitness and qualifications of all Contractors submitting Bids or Proposals to the City. Furthermore, the preferences authorized in this Article shall not be construed to limit the City's ability to grant any other preferences authorized by law.

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( Ord. No. 13-718, § 2, 5-21-2013 )
Sec. 3-3.309 Application.

This Article shall only apply to Contracts first solicited on or after June 30, 2013. ( Ord. No. 13-718, § 2, 5-21-2013 )
- Code of Ordinances
TITLE 5 PUBLIC WELFARE
California City, California, Code of Ordinances Created: 2022-05-13 14:23:15 [EST] (Supp. No. 10)

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TITLE 5 PUBLIC WELFARE
CHAPTER 1. PUBLIC NUISANCE
ARTICLE 1. PROPERTY MAINTENANCE
Sec. 5-1.101. Purpose.

This Article shall be known as the "Public Nuisance Abatement Regulations of the City." This Article is enacted in accordance with Chapter 13 (commencing with section 39501) of Division 3, Title 4, of the Government Code.

Sec. 5-1.102. Definitions.

The following words are defined for the purposes of this Article. (a) "Public Nuisance" means anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property. "Public Nuisance" includes, but is not limited to:
(1) Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor's roll or left in an unreasonable state of partial construction for a period of one (1) year or more without completion;
(2) Broken, defective, damaged, dilapidated, or missing windows or doors in a building or structure; (3) Broken window, door or other opening constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals, or enabling a person to resort thereto for the purpose of committing unlawful acts; (4) Any building exterior, wall, fence, driveway, sidewalk or walkway on property which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood; (5) Inadequate weather protection to structure so as to cause, or tend to cause or promote the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco, or other exterior covering;
(6) Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit; and
(7) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, likely to harbor mosquitoes or other annoying insects. (b) "Refuse" means combustible rubbish, garbage, food plant waste, market waste, or non-combustible rubbish.
(c) "Rubbish" means paper, pasteboard, carpet, rags, clothing, books, boots, shoes, straw, combustible packing, barrels, boxes, furniture, and similar Articles.

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(d) "Nuisance Activity" means any disturbance of peace in violation of California Penal Code Section 415. (Ord. No. 11-702, 5-17-2011)
Sec. 5-1.103. General.

The owner and occupier of property within the City shall maintain the property in such a way as to avoid creating a public nuisance. Code Enforcement Officer shall inspect property to determine the presence of nuisances. The Code Enforcement Officer shall issue notices and citations to abate such nuisances with the policies and procedures manual from time to time adopted by the department which employs the Code Enforcement Officer.
(Ord. No. 05-632, 8-16-2005)
Sec. 5-1.104. Notices.
(a) The Code Enforcement Officer shall provide the owner of the property on which the nuisance is maintained with a Notice to Abate in substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declared the following condition on your property located at [property location] constitutes a public nuisance: [describe condition]
The Code Enforcement Officer also found this condition must be abated by removal or, the nuisance will be removed and abated by the City and the cost of removal assessed against your land. Such costs shall include reasonable attorney fees. Such costs will constitute a lien on such land until paid. In the alternative, the amount may be placed on the tax rolls for collection.

If you object to the proposed removal or abatement of the above described nuisance may file a written appeal with the City Manager at the above-address within 10 days from the date of receipt of this Notice.

Dated:
_______________________________
Code Enforcement Officer
City of California City"
(b) The Notice shall be served on the record owner of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The Notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after diligent search, the Notice may be served by posting a copy in a conspicuous place on the property for ten days and publication in a newspaper of general circulation published in Kern County. (c) The Code Enforcement Officer shall abate the nuisance without further notice to the record owner if the record owner does not appeal the decision of the Code Enforcement Officer within ten days of receipt. If the record owner appeals the decision, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed.
(Ord. No. 05-626, 5-17-05)
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Sec. 5-1.105. Review of Code Enforcement Officer Decision. (a) The record owner of property described in the Notice to Abate may appeal the determination of the Code Enforcement Officer by filing a written Notice of Appeal with the City Clerk within ten (10) days of receipt of the Notice to Abate. The Notice of Appeal shall include reference to the Notice to Abate, identify property on which the alleged nuisance is located, and state why the record owner believes the condition should not be abated. The Notice of Appeal shall also state whether the record owner requests a public hearing or will allow a decision to be made on written materials.
(b) When a public hearing is requested, the City Clerk shall set the public hearing before the City Manager and, if possible, within ten (10) days. The City Clerk shall provide written Notice of Hearing to the record owner and City Manager.
(c) The City Manager shall consider the appeal of the record owner at the time and place stated in the notice of hearing. The hearing may be continued from time-to-time. The City Manager shall affirm, overrule or modify the decision of the Code Enforcement Officer at the conclusion of the hearing. The City Manager's written decision shall be final when served upon the record owner.

Sec. 5-1.106. Cost Recovery.
(a) When nuisance abatement costs are incurred by the City and not paid by the record owner within thirty (30) days of presentation of a bill, a nuisance abatement lien shall be recorded in the Kern County Recorder's Office, and from the date of recording shall have the force and effect and priority of a judgment lien. The lien shall specify: the amount of the lien, the city's name, the date of the abatement order, street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. If the lien is discharged, released or satisfied, either through payment or foreclosure, Notice of Discharge containing the information specified above shall be recorded.

The lien may be foreclosed by action brought by the City for money judgment. (b) As an alternate to the procedure set forth in the preceding paragraph, the cost of abatement may be collected as a special assessment against the parcel on which the nuisance is located. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
(c) As used herein, costs of abatement shall include attorney fees. (d) Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding the record owner responsible for a condition that may be abated in accordance with this Article, except for conditions abated pursuant to Health and Safety Code §17980, the record owner shall pay treble the cost of abatement. (Ord. No. 05-626, 5-17-2005)
Sec. 5-1.107. Cost Recovery—successive incidents.

When an abatement order has been properly rendered, the owner of the property and tenants shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly and severally responsible for payment of costs associated with each successive nuisance within a twelvemonth period. The cost of a response shall include, without limitation, the salaries and benefits paid to the responding employees of the City.
(Ord. No. 11-702, 5-17-2011)
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY California City, California, Code of Ordinances Created: 2022-05-13 14:23:11 [EST] (Supp. No. 10)

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ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY1 Sec. 5-1.1A01. General.

The City Council hereby establishes a mechanism to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, accessible or distressed real property, to establish a property registration program, and to set forth guidelines for the maintenance of abandoned, accessible or distressed real property.

Sec. 5-1.1A02. Inspection and Registration of Abandoned, Accessible and Distressed Real Property.
(a) Each beneficiary and trustee, who holds a deed of trust on real property within the City, shall inspect the property to determine if it is abandoned, accessible or distressed, prior to recording a notice of default or similar instrument. As used herein, "abandoned" means a building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default or notice of trustee's sale, pending tax assessor's lien sale or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, or any real property conveyed via a deed in lieu of foreclosure/sale. As used herein, "accessible" means real property or structures not secured or open in such a way as to allow public or unauthorized access. As used herein, "distressed" means property subject to notice of default or notice of trustee's sale, pending tax assessor's lien sale or real property conveyed through a foreclosure sale to an interested beneficiary of a deed of trust, or real property conveyed through a deed in lieu of foreclosure, regardless of vacancy or occupancy. (b) Within ten (10) days of identification of an abandoned or accessible property, and annually thereafter, the beneficiary and trustee must register the property with the Chief of Police. A person who has registered a property under this Article must make a written report to the Police Department of changes of information contained in the registration within ten days of the change. For convenience, property described in this section shall be called "registered property."
(c) If the property is lawfully occupied but distressed, the trustee and beneficiary shall inspect the property each month until the trust deed default is remedied.

Sec. 5-1.1A03. Maintenance.
(a) It is a public nuisance for a person to cause, permit, or maintain registered property contrary to this Article.

The following maintenance standards apply to registered property. (b) The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance the property is abandoned. 1 Editor's note(s)—Ord. No. 09-679, adopted on Aug. 4, 2009, added Art. 1A.

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(c) The property shall be maintained free of graffiti, tagging or similar marking. (d) Visible front and side yards shall be landscaped and maintained to the neighborhood standard. As used herein, "landscaping" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

Landscaping does not include weeds, broken concrete, plastic sheeting, indoor-outdoor carpet, or any similar material. As used herein, "neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard, no abandoned or distressed building, structure or real property shall be considered.
(e) Pools and spas shall be kept in working order so water remains clear and free of pollutants and debris, or alternatively, shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (f) Within the sole and reasonable discretion of a duly authorized enforcement official, this maintenance requirement applies to property subject to the registration requirement under construction or repair, not less than three business days per week, undertaken in compliance with applicable law.

Sec. 5-1.1A04. Security.
(a) Registered properties shall be secured and inaccessible to unauthorized persons. If the property is owned by a person located more than twenty-five (25) road miles from the property, a local property management company shall perform weekly inspections to verify compliance with this Article. (b) Registered property shall be posted with the name and 24-hour contact phone number of the person responsible for property management. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY _______," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

Sec. 5-1.1A05. Fees.

Fees for implementing this Article shall be established from time-to-time by resolution of the Council.

Sec. 5-1.1A06. Remedies.
(a) Violation of this Article is a strict liability offense. A violation occurs regardless of a violator's intent. (b) A person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages property subject to the registration requirement and causes, permits, or maintains a violation of this Article is guilty of a misdemeanor.
(c) The remedies in this section are cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code. The City Attorney or designee may pursue other rights or remedies, including, but not limited to, commencement of a civil or administrative action to abate the condition as a public nuisance.

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(d) If the City takes administrative action to abate the condition of a property subject to the registration requirement and beyond the rights and remedies specified in this Code, the following administrative penalties shall apply.
(1) On the administrative penalty due date, each party subject to an abatement order shall pay an administrative penalty of $1,000.00.
(2) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized Enforcement Official by the thirtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of $5,000.00.
(3) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized enforcement official by the sixtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a second supplemental administrative penalty of $25,000.00. (e) In each instance when a party becomes subject to an administrative penalty specified in this section, an enforcement official shall issue an order providing written notice of that party's obligation to make payment of said administrative penalty. Each such order shall constitute a special assessment against the property in question having the same legal status as an order determining the cost of abatement of a public nuisance. (f) In each instance, when a party becomes subject to an administrative penalty, and the order providing for the administrative penalty issues when that party is seeking to perfect its interest in the subject property subsequent to the recordation of a notice of default, or is the property's owner of record, that party is not relieved of its obligation to pay an administrative penalty based upon the sale of the property in question to another.

ARTICLE 2. GRAFFITI ABATEMENT
Sec. 5-1.201. Graffiti Implements.
(a) Every person who operates or manages a retail commercial business selling graffiti implements shall:
(1) Store or cause graffiti implements to be stored in an area not accessible to the public in the regular course of business without employee assistance.
(2) Place a sign in public view stating substantially the following:
"Placing graffiti is a crime. Possession of graffiti implements is also a crime under certain circumstances. It is a crime to sell or convey aerosol spray paint or broad tip markers to a minor." (b) The following terms are defined for this Article:
(1) "Graffiti" are crude drawings, inscriptions or defacement applied to property without the consent of the owner or person in possession.
(2) "Graffiti implements" are aerosol spray paints, paints, dyes, polish, broad tip markers containing anything other than a water soluble solution.
(3) "Broad tip markers" are marker pens with a tip broader than 3/8" in width.

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Sec. 5-1.202. Graffiti Removal.
(a) The Code Enforcement Officer shall issue notices and citations to remove graffiti. The Notice shall be directed to the owner of record of the parcel of land on which the graffiti exists with a Notice to Abate substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declares a public nuisance consisting of graffiti exists on your property located at:___________________________________.

The Code Enforcement Officer has also found and determined this condition must be abated by removal.

The graffiti will be removed and the nuisance abated by the City and the cost of removal assessed against the land on which the graffiti is located and such cost will constitute a lien until paid. In the alternative, if the cost is not paid, the amount should be placed on the tax rolls for collection.

If you object to the proposed removal or abatement of the above described nuisance, you may file a written appeal with the Code Enforcement Officer or designee at City Hall within three (3) days from the date of receipt of this notice.

Dated:
_______________________________
Code Enforcement Officer"
(b) The Notice to Abate shall be served on the record owner based on the last equalized assessment role or supplemental role, whichever is most current. The Notice shall be served in the same manner as a Summons in a civil action. If the record owner cannot be found after diligent search, the Notice may be served by posting a copy thereof in a conspicuous place on the property for 10 days and publication in a newspaper of general circulation published in Kern County pursuant to the Government Code. (c) The Code Enforcement Officer shall abate the nuisance without further notice to record owner if the record owner does not appeal the decision within 10 days of receipt. If the record owner appeals the decision, in a timely manner, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed. The Code Enforcement Officer shall consider the appeal of the record owner. The Code Enforcement Officer's written decision shall be final.

Sec. 5-1.203. Graffiti Abatement: Cost Recovery.
(a) If the Code Enforcement Officer has invoked the abatement process described in the preceding section and if the record property owner has not paid the cost of removal within thirty (30) days of presentation of a bill, a nuisance abatement lien may be filed.
(b) Pursuant to Civil Code §1714.1, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti shall be jointly and severally liable with such minor for resulting damages incurred by the property owner in an amount not to exceed $25,000.00 for each such act of defacement.

ARTICLE 3. ABANDONED VEHICLES
Sec. 5-1.301. Findings and Determination.

Pursuant to Vehicle Code Section 22660, the Council finds: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or vehicle parts, on private or public property, not including highways, is a condition tending to reduce the value of private property, promote blight and deterioration, invite Created: 2022-05-13 14:23:11 [EST]
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plundering, create fire hazards, constitute an attractive nuisance, create a harborage for rodents and insects, and be injurious to the health, safety, and general welfare. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or vehicle parts, on private or public property, not including highways, except as expressly permitted herein is prohibited.

Sec. 5-1.302. Exceptions.

This Article shall not apply to:
(a) A vehicle, or vehicle parts, completely enclosed within a building or six-foot high solid fence and not visible from the street or other public or private property; or (b) A vehicle, or vehicle parts, stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Sec. 5-1.303. Administration and Enforcement.
(a) The Chief of Police may cause the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on property within the City in accordance with this Article. If a vehicle or vehicle parts are visible from public rights of way, the Chief of Police may enter upon private or public property to examine or obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or vehicle parts, declared a nuisance pursuant to this Article. (b) The City may contract with the Department of Motor Vehicles to administer and enforce this Article. When the City has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or vehicle parts, declared to be a nuisance pursuant to this Article.

Sec. 5-1.304. Notices of Intention to Abate.
(a) A ten-day prior written notice of intention to abate and remove a vehicle, or vehicle parts, shall be mailed by registered mail to the owner of the land where the vehicle or vehicle parts are located, and to the owner of the vehicle, unless identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
" Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as a Public Nuisance
(Name and address of the owner of the land)
As owner shown on the last equalized assessment roll of the land located at [address], you are notified the undersigned, pursuant to the California City Municipal Code, has determined an abandoned, wrecked, dismantled, or inoperative vehicle registered to __________________, license number __________, constitutes a public nuisance on your land.

You shall abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days from the date of mailing of this notice. If you fail to do so, the same will be abated and removed by the City, and the costs, together with administrative costs, will be assessed to you as owner of the land.

You may, within ten days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief of Police may abate and remove the said vehicle (or said vehicle parts of a vehicle) )as a public nuisance and assess Created: 2022-05-13 14:23:11 [EST]
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the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the vehicle (or vehicle parts), with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at hearings requested by you or by the owner of the vehicle or you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed [date].
/s/_______________________________
Chief of Police, City of California City
"Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as Public Nuisance
(Name and Address of the last registered and/or legal owner of record of vehicle; notice should be given to both if different.)
As last registered (and/or legal) owner of record of [description of vehicle: make, model, license, etc.], you are notified, pursuant to the California City Municipal Code, the Chief of Police has determined the vehicle (or vehicle parts) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance.

You are notified to abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days after the mailing of this notice, or request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief or Police may abate and remove the vehicle (or vehicle parts) without a hearing.

Notice mailed [date].
/s/____________________________
Chief of Police, City of California City"
(b) A notice of intention to abate shall not be required if the property owner and the owner of the vehicle have signed releases authorizing removal and waive further interest in the vehicle or vehicle part, or the following conditions are satisfied:
(1) The vehicle or vehicle part is inoperable due to the absence of a motor transmission, or wheels and is incapable of being towed;
(2) The vehicle or vehicle part is valued at less than $300.00 by the Chief of Police or designee; (3) The Department of Building and Safety has determined the vehicle or vehicle part is a public nuisance, presenting an immediate threat to public health or safety; (4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or vehicle part; and
(5) The vehicle is located upon a parcel zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(c) If a vehicle is removed prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or vehicle part. If the vehicle or vehicle part is not claimed and removed from the scrap yard, automobile dismantler's yard, or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed.

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Sec. 5-1.305. Requested Hearings: Notices.
(a) When a proper request is lodged, a public hearing shall be held by the City Council on the question of the abatement and removal of the vehicle, or parts, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of removal of the vehicle, or parts, against the property on which the vehicle, or parts, is located. (b) Notice of the hearing shall be mailed by registered mail at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle.
(c) The City Council shall hear facts and testimony it deems pertinent. The City Council shall not be limited to technical rules of evidence. The owner of the land may appear at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for such denial.
(d) At the conclusion of the hearing, the City Council may impose conditions and take such other action appropriate under the circumstances to carry out the purposes of this Article. The order requiring the removal shall include a description of the vehicle, or parts thereof, and the correct identification and license number of the vehicle if available. The City Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the land if it is determined at the hearing the vehicle was placed on the land without the consent of the owner of the land and the owner has not subsequently acquiesced in its presence. (e) Such owner or interested party shall be notified in writing of the decision. For lien sale purposes, the Council shall determine if the estimated value of the vehicle ordered removed, towed, or stored is $100.00 or less, over $100.00, but less than $200.00.
(Ord. No. 00-582, 10-3-2000)
Sec. 5-1.306. Removal.

Five (5) days after the adoption of the order declaring the vehicle, or parts, to be a public nuisance, or five (5) days after the date of the mailing of the notice of decision, if such notice is required by this Article, the vehicle or parts, may be disposed of by removal to a scrap yard or automobile dismantler's yard. A vehicle which has been removed shall not be reconstructed or made operable unless it qualifies for horseless carriage license plates or historical vehicle plates pursuant to the Vehicle Code.

Sec. 5-1.307. Removal: Notices.

Within five (5) days after the date of the removal of the vehicle, or parts, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles of the State evidence of registration available, including registration certificates, certificates of title, and license plates.

Sec. 5-1.308. Assessment of Costs.
(a) Fifty (50) percent of the actual costs of the removal of a vehicle, or vehicle parts, declared a nuisance pursuant to this Article constitutes the administrative costs of the City. Such amount is fixed as administrative costs.
(b) If the administrative costs and the costs of removal charged against the owner of a parcel of land pursuant to this Article hater are not paid within thirty (30) days after the date of the order, or the final disposition of an Created: 2022-05-13 14:23:11 [EST]
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appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State. A notice of assessment shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as City taxes.

Sec. 5-1.309. Act of Abandonment-Infraction.

It is unlawful and an infraction to abandon, store, leave, or permit the abandonment, storing, or leaving of a licensed or unlicensed vehicle or vehicle part which is abandoned, wrecked, dismantled or inoperative on private property or public property, including highways, within the City for period in excess of seventy (72) or more consecutive hours unless such vehicle or vehicle part is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or a junkyard.

ARTICLE 4. NOISE AND VIBRATION
Sec. 5-1.401. Purpose and Scope.

It is the policy of the City to prohibit unnecessary, excessive and annoying noise and vibration. Certain noise levels and vibration are detrimental to the public health, welfare and safety and contrary to the public interest.

The City Council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained noise or vibration in a manner prohibited by or not in conformity with the provisions of this Article, is a public nuisance.

Sec. 5-1.402. Definitions.

The following words are defined for the purposes of this Article:
(a) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (b) "'A' weighted sound level" means the total sound level in decibels of sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) as slow response. The unit of measurement is dB(a).
(c) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
(d) "Emergency machinery, vehicle, work or alarm" means machinery, vehicle, work or alarm use, employed, performed or operated to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities restoring utility service. (e) "Fixed noise source" means a stationary device creating sound while fixed or motionless including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. (f) "Impact noise" means the noise produced by the collision of one mass in motion with a second mass in motion or at rest.
(g) "Intruding noise level" means the total sound level created, caused, maintained or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.

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(h) "Licensed" means the issuance of a formal license or a permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the permission of the activity by the jurisdiction as noted in public record.
(i) "Major roadway" means a street, avenue, boulevard, or highway used for motor vehicle traffic owned or controlled by a public governmental entity with an average daily traffic flow of thirty thousand (30,000) or more vehicles.
(j) "Mobile noise source" means a noise source other than a fixed noise source. (k) "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so other frequencies cannot be readily distinguished and, if measured, shall exist if the one-third (⅓) octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓ octave bands by five (5) dB for frequency settings of five hundred (500) Hertz (Hz) and above, by eight (8) dB for frequency settings between one hundred sixty (160) and four hundred (400) Hz, and by fifteen (15) dB for frequency settings less than or equal to one hundred twenty five (125) Hz.
(l) "Sound level meter" means an instrument meeting American national Standard Institute's Standard S1.4.1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (m) "Sound pressure level" of a sound, in decibels, means twenty times the logarithm to the base of ten of the ration of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Sec. 5-1.403. Decibel Measurement Criteria.

Decibel measurement shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at a slow response.

Sec. 5-1.404. Designated Noise Zones.

The properties hereinafter described are assigned to the following noise zones:

Noise Zone I: Single, double and multiple family residential properties located at a distance more than 600 feet from a major roadway.

Noise Zone II: Single, double and multiple family residential properties located at a distance equal to or less than 600 feet from a major roadway.

Noise Zone III: Commercial properties.

Noise Zone IV: Manufacturing or industrial properties.

Sec. 5-1.405. Exterior Noise Standards.
(a) The following exterior noise standards apply to property with the designated noise zone:

Noise
Zone
Type of Land Use Time Interval Allowable Exterior Noise Level
I Single, double or multiple
family residential (R-1, R-2, R3, and R-4)
10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
45 dB(A)
50 dB(A)
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II Single, double or multiple
family residential (R-1, R-2, R3, and R-4)
10:00 p.m.—7:00 a.m.
7:00 a.m.-10:00 p.m.
50 dB(A)
55 dB(A)
III Commercial (C-1, C-2, etc.) 10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
60 dB(A)
65 dB(A)
IV Industrial or manufacturing
(M-1, M-2, etc., or 1-1, 1-2,
etc.)
Anytime 70 dB(A)
(b) No person shall create noise, or allow the creation of noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on other property to exceed:
(1) The noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or (3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) If the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to the category shall be increased to reflect the noise level. (d) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises, or for noises consisting of speech or music.
(e) If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.
(f) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location's designated land use and for the time of day the noise level is measured.

The reasonableness of temporarily discontinuing the noise generated by an intruding noise source shall be determined by the Health Officer, or by the Police Chief, for the purpose of establishing the existing ambient noise level at the measurement location.

Sec. 5-1.406. Interior Noise Standards.
(a) The following interior noise standards apply to residential property within all noise zones.

Type Of Land Use Time Interval Allowable Interior
Noise Level
Residential 10:00 p.m.—7:00 a.m. 45 dB(A)
7:00 a.m.—10:00 p.m. 55 dB(A)
(b) No person shall create noise or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured within a residential dwelling unit in any noise zone to exceed:

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(1) The noise standard for a cumulative period of more than five minutes in any hour; or (2) The noise standard plus five dB (A) for a cumulative period of more than one minute in any hour; or (3) The noise standard plus ten dB (A) for any period of time. (c) If the ambient noise level exceeds any of the above three noise limit categories, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. (d) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified above shall be deemed property to enforce this section.

Sec. 5-1.407. Exemptions.

The following activities are exempt from this Article:
(a) Activities conducted on public parks, public playgrounds and public or private school grounds including, but not limited to, school athletic and school entertainment events. (b) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, if the events are conducted pursuant to a permit or license issued by the City. (c) Mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of bell or alarm on building or motor vehicle shall terminate its operation within thirty (30) minutes of being activated. (d) Noise sources associated with or vibration created by construction, repair or remodeling of real property or during authorized seismic surveys under the following conditions:
(1) The activities occur between the hours of 6:00 a.m. and 8:00 p.m. between May 15 and September 15 of each year or between the hours of 7:00 a.m. and 8:00 p.m. during the remainder of the year.
(2) The activities do not take place on Sundays or federal holidays. (3) The noise level created by such activities does not exceed 60 dB (A) plus the limits specific herein as measured on residential property; and
(4) A vibration does not endanger the public health, welfare and safety.

Sec. 5-1.408. Schools, Hospitals, Churches, Libraries, etc.

No person shall create noise causing the noise level at a school, hospital, church or library to exceed the noise standards for the assigned noise zone in which the school, hospital, church or library is located, or which noise level unreasonably disturbs or annoys patients in a hospital. Conspicuous signs shall be displayed in three (3) separate locations within one-tenth ( ⅒) mile of the institution or facility indicating a quiet zone.

Sec. 5-1.409. Noise Level Measurements Locations.

The location selected for measuring exterior noise levels shall be at any point on the affected property.

Interior noise measurements shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source.

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Sec. 5-1.410. Vibration Standards.

No person shall create, maintain or cause ground vibration perceptible without instruments at any point on adjoining property. The perception threshold shall be presumed to be more than five-hundredths (0.05) inches per second RMS vertical velocity.

Sec. 5-1.411. Proposed Developments.

Each department whose duty it is to review and approve new projects or changes to existing projects that may result in an increase in ambient noise levels shall consult with the Health Officer prior to approval. If the Health Officer has reason to believe a standard, regulation or action or proposed standard, regulation or action of any department respecting noise does not conform to this Article, the Health Officer may request such department to consult on the advisability of revising such standard or regulation to obtain uniformity.

Sec. 5-1.412. Variance Procedures.

The owner or operator of a noise or vibration source may file an application with the Health Officer for a variance. The owner or operator shall set forth actions taken to comply with the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for accomplishment. The application shall be accompanied by a fee in the amount established from time to time by resolution. A separate application shall be filed for each noise source. Several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of the application and fee, the Health Officer shall refer it with a recommendation within 30 days to the Planning Commission.

Sec. 5-1.413. Noise Variance Board.
(a) The Planning Commission may hire a registered mechanical engineer, physician or other expert. (b) The Commission shall evaluate applications for variance. Variances shall detail the approved method of achieving maximum compliance and a time schedule or its accomplishments. The Commission shall consider the following:
(1) The magnitude of nuisance caused by the offensive noise; (2) The uses of property within the area of impingement by the noise; (3) The time factors related to study, design, financing and construction of remedial work; (4) The economic factors related to age and useful life of the equipment; and (5) The general public interest, welfare and safety.
(c) Variance shall be by resolution and transmitted to the Health Officer and the Police Chief for enforcement.

Sec. 5-1.414. Appeals.
(a) Within fifteen (15) days following the decision of the Commission, the applicant, the Health Officer or member of the City council may appeal the decision to the City Council in accordance with Title 1, Chapter 4. (b) In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Board on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council. If the actual cost differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.

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(c) Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the Commission shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; evidence concerning application and the Commission's decision thereon.
(d) The Council shall conduct a hearing within thirty(30) days of receipt of the record and render a decision within fifteen (15) days after the hearing. The Council's decision is final. (Ord. No. 07-656, 12-4-2007)
Sec. 5-1.415. Enforcement.
(a) The County Health Officer and the Police Chief shall enforce this Article. (b) For the initial violation of this Article, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application shall be received by the Health Officer. No complaint or further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. (c) Violation of this Article is a public nuisance and may be abated in accordance with law.

ARTICLE 5. DANGEROUS BUILDINGS
Sec. 5-1.501. Dangerous Buildings.
(a) The latest edition of the Uniform Code for Abatement of Dangerous Buildings, promulgated by the International Conference of Building Officials, is adopted by this reference. (b) The procedures and remedies set forth in the Uniform Code for Abatement of Public Buildings are cumulative. Nuisances created by dangerous buildings can be abated in accordance with the Uniform Code, other provisions of this Municipal Code, or other provisions of law.

ARTICLE 6. OPENED CONTAINERS
Sec. 5-1.601. Possession of Opened Containers: Prohibited. (a) No person shall have in his possession, or on his person, while in a business district, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed. "Business district" refers to any area within the City where business activity occurs on two or more contiguous lots or parcels of land. (b) This section shall not apply to:
(1) Persons who, upon the recommendation of a doctor, carry alcoholic beverages for medicinal purposes; (2) Clergymen who carry alcoholic beverages for religious purposes; (3) Persons who possess alcoholic beverages within business establishments properly licensed to dispense alcoholic beverages, such as bars and restaurants; and
(4) The possession of an opened container during public celebrations, provided, notices have been posted indicating this exception exists and the duration thereof. - Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 7. ADVERTISING DISTRIBUTION
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ARTICLE 7. ADVERTISING DISTRIBUTION
Sec. 5-1.701. Handbills.
(a) No person shall distribute, scatter, hand out or circulate handbills, circulars, tracks or leaflets which do not have printed on the cover, front or back, the following:
(1) The name and address of the person who causes the handbill, circular, track or leaflet to be printed, written, compiled and manufactured;
(2) The name and address of the person who causes the handbill, circular, track or leaflet to be distributed; and
(3) If the person who causes the handbill, circular, track or leaflet to be printed, written, compiled, manufactured or distributed is a fictitious person, the true name of the owner, manager or agent of the person sponsoring such material.
(b) No person shall post, hand out, or distribute handbills, circulars, tracks or leaflets which reasonably tend to incite a riot or other public disorder or which advocates disloyalty to, or the overthrow of, the government of the United States or of the State of California by force of arms or other unlawful means, or which urges any unlawful conduct, or which encourages or reasonably tends to encourage a breach of the public peace of the community.

ARTICLE 8. SEXUALLY ORIENTED BUSINESSES
DIVISION 1. GENERAL
Sec. 5-1.8.101. Purpose.

This Article sets forth the terms and conditions for obtaining a permit to operate a sexually oriented business.

Sec. 5-1.8.102. Definitions.

Unless otherwise apparent from context, the following terms are defined for the purposes of this Article:
(a) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of the business.
(b) "Establishment" means and includes any of the following:
(1) The opening or commencement of any such business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this Article;
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(3) The addition of any of the sexually oriented businesses defined in this Article to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business. (c) "Nudity" or "state of nudity" means: the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(d) "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
(e) "Permitted or Licensed Premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
(f) "Permittee or Licensee" means a person in whose name a permit or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(g) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(h) "Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes. (i) "Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the City.
(j) "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. (k) "Residential District or Use" means a single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in this Code.
(l) "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(m) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(n) "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio. (o) "Sexually oriented businesses" are those businesses defined as follows:
(1) "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing Created: 2022-05-13 14:23:11 [EST]
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machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (2) "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; (ii) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sado-masochistic use or abuse of themselves or others.
(iii) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store if one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
(3) "Adult cabaret" means a nightclub, bar, restaurant "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (i) persons who appear nude or in a state of nudity or semi-nude; (ii) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or (iii) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
(5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(6) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
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(7) "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (8) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(9) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage at a massage office or by a massage/bodywork professionally licensed by the City.
(10) "Nude model studio" means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(11) "Sexual encounter establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. (p) "Specified anatomical areas," as used in this division means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (q) "Specified sexual activities," means and includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; (5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
(r) "Substantial enlargement of a sexually oriented business" means increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on January 1, 1997. (s) "Transfer of ownership or control of a sexually oriented business" means and includes any of the following:
(1) The sale, lease or sublease of the business;
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California City City CouncilJuly 9, 2024

California City City Council
July 9, 2024