Agenda — California City City Council, July 23, 2024

Balance on Net Balance on Percent
5/31/2024 Transactions 6/30/2024 of Total
Bank of the Sierra -- General Checking $ 3,345,384 $ 992,600 $ 4,337,984 26.36% Bank of the Sierra -- Cannibas Checking $ 570,053 $ 4,743 $ 574,796 3.49% Sub-Total Operating Accounts $ 3,915,437 $ 997,343 $ 4,912,780 Balance on Net Balance on Percent
5/31/2024 Transactions 6/30/2024 of Total
Local Agency Investment Fund (122) $ 5,938,850 $ - $ 5,938,850 36.09% Kern County Investment Fund (20202) $ 4,582,761 $ 9,164 $ 4,591,925 27.90% Multi-Bank Securities (CD Manager) $ 1,008,903 $ 5,125 $ 1,014,028 6.16% Sub-Total Investment Accounts $ 11,530,515 $ 14,289 $ 11,544,803 Total City Operating Funds $ 15,445,952 $ 1,011,631 $ 16,457,583 100.00% Checking & CD Accounts 5/31/2024 Net Transactions 6/30/2024 Housing Corp. -- Bank of the Sierra, Checking $ 2,340,336 $ (486,065) $ 1,854,271 71.33% Housing Corp. -- Bank of the Sierra, CD 7653 $ 108,602 $ 436 $ 109,038 4.19% Housing Corp. -- Bank of the Sierra, CD 7654 $ 135,841 $ 545 $ 136,386 5.25% Housing Corp. -- Bank of the Sierra, CD 6574 $ 250,000 $ 250,000 9.62% Housing Corp. -- Bank of the Sierra, CD 6582 $ 250,000 $ 250,000 9.62% Total Housing Corporation Funds $ 2,584,779 $ 14,915 $ 2,599,695 100.00% Checking & CD Investment Accounts 5/31/2024 Net Transactions 6/30/2024 SDI -- Bank of the Sierra, Checking $ 526,685 $ (7,824) $ 518,861 0.60% SDI -- Bank of the Sierra CD $ 253,938 $ 1,019 $ 254,957 0.29% SDI -- US Bank Investments *$ 85,454,322 $ 215,295 $ 85,669,617 99.10% Total SDI Agency Funds $ 86,234,945 $ 208,490 $ 86,443,435 100.00% Checking & Investment Accounts 5/31/2024 Net Transactions 6/30/2024 Successor -- Bank of the Sierra, Checking $ 122,180 $ 417,554 $ 539,734 38.50% RDA/Successor -- US Bank Investments $ 862,084 $ - $ 862,084 61.50% Total Successor Agency Funds $ 984,264 $ 417,554 $ 1,401,818 100.00% California City, California 93505

TREASURER'S MONTHLY REPORT OF INVESTMENT
June 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. 5/31/2024 6/30/2024
Beginning Market Value 84,928,021 85,454,322
Ending Market Value 85,454,322 85,669,617
526,302 215,295
5/31/2024 6/30/2024
Beginning Market Value - -
Ending Market Value - -
- -
5/31/2024 6/30/2024
Beginning Market Value 1 1
Ending Market Value 1 1
- -
5/31/2024 6/30/2024
Beginning Market Value 1 1
Ending Market Value 1 1
- -
5/31/2024 6/30/2024
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 86,316,406 86,531,701 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST

TREASURER'S MONTHLY REPORT OF INVESTMENT
June 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
To preserve the quality of life, property, and the environment within our community, state, and nation through education and the professional delivery of emergency medical fire and rescue service.

June 2024 Monthly Report
Current Notable Events:

The fire department is continuing to process building and sprinkler plans to ensure a fast and efficient building and development process in California City. The fire department is working with the State of California to amend parts of the approved Prop 64 grant to offset general fund costs for services being provided by the fire department, with an end goal of reducing the general fund liability during these tough financial times while continuing to meet public service level expectations. The fire department staff are seeing an increase in call volume and specifically, an increase in vegetation fires as the temperatures rise.

PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:

Approved Submitting to Council for Approval
FEMA SAFER Grant
Staffing Retention
Applied- 4/12/24 Awaiting decision in the fall
Kern County OES- EOC Mobile
Comm Equip.

Awarded Awaiting Fulfillment
Specialty Programs:
• Ultrasound Scans
o The program trial study has ended and is now going through the approval process for inclusion as an optional statewide skill for all paramedics. • Pet Chip Reader Scans
o June: 3 scans
o Annual 2024: 15
Fire Prevention, Inspections, and Education:
• Regular business inspections are underway.
• SB1205 State Mandated Inspections- still underway.
• Plan Review, Construction Inspection, and acceptance testing requests are steady. • Prop 64 inspections- increasing frequency.

Fleet Maintenance
Unit Status
Incident Command Vehicle End of life: marginally in-service 288,000 miles, more required soon, broken front
windshield, Check Engine Light, need replacement ASAP.

Brush Patrol In-service
Four-Wheel drive not engaging
Arson/Fire Prevention Unit In-Service. Moderate repairs are needed- Needs Replacement Code Enforcement Vehicle- Escape Out of service
3 years in repair-unknown ETA due to no parts.

Code Enforcement Vehicle- F150 Out-of-service
Number of issues, Vehicle will not start, Needs
Replacement
Seagrave Reserve Type-I Engine
(Reserve)
Out of service
Too costly to repair
American La France Type-I Engine
(Reserve)
marginally in-service
Several DOT issues require heavy maintenance and
repair (waiting for budget).

Pierce Type- I Engine (Front-line) In Service. Pump Test complete and air conditioner fixed Type-III Engine (Wildland) In Service
Pump Test Complete
Rescue Squad In-service
Siren and Winch system repaired
General Fleet Comments:
• Small vehicles are experiencing increasing and consistent mechanical issues and component failures due to age. Vehicle values do not match the necessary costly repairs. • Small equipment is receiving regular maintenance.
• Searching for grants and other alternatives for vehicle replacement.

Incident Statistics
2024 June 2023 June
• Fires: 15 • Fires: 17
o Structure: 5
o Vehicle: 1
o Outside Fire: 7
o Dumpster: 1
o Fireworks explosion (no fire):1
• EMS: 132
• Hazardous Condition (no fire): 7
• Service/Assist Calls: 20
• Good Intent Calls: 45
• False Alarms: 6
June 2024 Simultaneous Calls:16
June 2024 Total Call Volume: 225
o Vehicle/Other: 5
o Building Fire: 5
o Outside/Rubbish: 6
o Fireworks Explosion (no fire): 1

• EMS: 151
• Hazardous Conditions: 3
• Service/Assist calls: 9
• Good Intent: 29
• False Alarms: 1
• Citizen Complaint: 1
June 2023 Simultaneous Calls:6
June 2023 Total Call Volume: 211
Code Enforcement June 2024 Stats
ocation Type Location Field Date From To
All All 06/01/2024 06/30/2024
Case Activity:

Total
New Cases 55
Closed Cases 73
Open Cases at start of period 309
Open Cases at end of period 291
Violation Activity
New Violations Cited Total
ABANDONED REFRIG/APPLIANCE 4
ABANDONED SHOPPING CART 2
ABANDONED/INOPERATIVE VEHICLES 12
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 11
ANIMALS 1
BUILDING WITHOUT PERMIT 5
BURYING/BURNING GARBAGE PROHIBITED 1
CFC ACCUM OF COMBUSTIBLE MATERIAL 14
CFC ACCUMULATION OF COMBUSTIBLE VEGETATION 12
CFC PREMISES IDENTIFICATION 4
CFC UNSECURE VACANT BUILDING 1
EASEMENT 8
FAIL TO MAINTAIN VACANT PROPERTY 2
FENCING VIOLATION 8
garage sale signs 1
GRAFFITI 4
Health & Safety 1
Health & Safety (Septic Tank Overflow) 1
ILLEGAL DISPOSE OF SEWER 2
Illegal Dumping 5
ILLEGAL HOME BUSINESS 3
ILLEGAL PARKING COMMERICAL VEHICLE 3
INFORMATION 1
IPMC 302.5 Rodent harborage 1
LIVING IN RECREATIONAL VEHICLE 3
MUST HAVE TRASH SERVICE 1
NO BUSINESS LICENSE 2
NO YARD SALE SIGN PERMIT 1
NOISE VIOLATIONS 1
PARKING A UNHITCHED TRAILER ON STREET 1
PROHIBITED STORAGE IN YARDS 1
PUBLIC NUISANCE (Building safety) 2
PUBLIC NUISANCE (property maintenance) 4
Public Nuisance 415 Disturbances 1
R ZONING VIOLATION 1
Red Tagged 3
Squatting/ Illegal Camping w/o Owner's Permission 7
SUBSTANDARD HOUSING 1
Temporary Power/Extension Cord 1
TRAILER NOT ATTACHED TO VEHICLE CAPABLE OF TOWING SAME 4 Trash Can Lids 6
UNLAWFUL STORAGE IN YARDS 21
Unlawful temporary property use. (Activity or business on a vacant lot) 2 UTILITY THEFT 1
VACANT HOUSE REGISTRATION 3
Yard Sale Permit Issued 16
Totals 192
California City Police De p artm e nt
1 0 0 3
5 6
1 3 0
MAY 2024 PART 1

CRIMES BY AREA
0 0 0 0 0
2020 2021 2022 2023 2024

MURDER-JUNE
17 11
14 16 15
2020 2021 2022 2023 2024

TOTAL VIOLENT

CRIMES - JUNE
27 12 13
17 10
2020 2021 2022 2023 2024

TOTAL PROPERTY

CRIMES - JUNE
0 0 0 3
5 6
1 3 0
0 2
4 6
8 JUNE 2024 PART 1

CRIMES BY AREA
JUNE 2024 Stats

MAY 2024 vs JUNE 2024 Up by 47%
Part 1 Crimes May 2024 – 19
Part 1 Crimes June 2024 – 28

36 29
36 39
28 0
10 20
30 40
50 2020 2021 2022 2023 2024
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2020 - 2024
June Part 1 Crimes - as of 07/11/2024
California City Police De p artm e nt
JUNE 2024 – PATROL STATISTICS
Total Incidents (June): 1,686 Total Arrests (June): 42 Felony Arrests: 15 Misd. Arrests: 27 Total Incidents (2024): 9,896 Total Arrests (2024): 282 Felony Arrests: 113 Misd. Arrests: 169 Calls for Service (June): 1,247 Calls for Service (2024): 7,235 Citations Issued (June): 57 Citations Issued (2024): 422 • On June 14, 2024, Cameron Hill was taken into custody for the shooting of the murder of Maurice Bailey. Hill was taken into custody in Bullhead City, AZ by a federal fugitive apprehension task force working closely with California City Police Investigators. 0 50 100 150 200 250 300
Total Animals In
Adoptions
To Rescues
Canvassed
Warnings Issued
Returned to Owner
Put to Sleep
Licenses Issued
Citations
Dog Bites
Owner Surrender
Calls to PD/Shelter
DOA
California City Animal Shelter Stats
June, 2023 June, 2024
California City Animal Shelter
June 2024 Totals
California City
An im a l Sh elter Sta ts
Criteria J une, 2024 J une, 2023
Total Animals In 27 24
Adoptions 26 6
To Rescues 1 1
Canvassed 18 0
Warnings Issued 22 0
Returned to Owner 1 5
Put to Sleep 0 0
Licenses Issued 13 0
Citations 0 0
Dog Bites 2 0
Owner Surrender 0 0
Calls to PD/ Shelter 250 No informa tion recorded
DOA 7 10
California City California City
Fund Balance @ 6/30/2024 Fund Investment @ 6/30/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport ‐$1,321,246.25 * All ‐$17,433,820.34
Aspen $189,827.67 Cash Allocated to Other Funds ‐$17,433,820.34 DAR ‐$1,350,640.98 * All2 $17,433,820.34
GF $11,430,885.62 * Accounts Rec Cash Clearing ‐$155.95 GF‐OHV G ‐$1,493,922.25 * Business License Cash Clearing ‐$12,052.53 GF‐OHV P $98,282.52 * Cannabis ‐ Bank of the Sierra $576,126.89GF‐PS FD $903,410.66 * Checking ‐ Bank of the Sierra $4,105,005.04GF‐PS FD Prop 64 $52,697.71 * Kern County Investment Pool $4,382,993.32 GF‐PS PD ‐$1,737,137.31 * Local Agency Investment Fund $7,383,445.21GF‐Str ‐$4,414,752.66 * Multi‐Bank Securities $988,280.38GF‐TDS ‐$3,445,517.27 * Utilities Cash Clearing $10,177.98 Housing ‐$635,912.53 Grand Total $0.00
Reserves FD $400,000.00
Reserves GF $3,000,000.00
Reserves PD $356,526.12Restricted Funds $4,409,152.40SDI ‐$113,642.65Sewer $4,149,130.03Successor ‐$157,646.58Water $7,114,326.09Grand Total $17,433,820.34 ‐$1,277,940.21 * Represents available general fund related cash balances as of report date M:\Monthly Financials\12‐Jun 2024\Fund Balance Recon 6.30.24

ITEM NO. CC2

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Annual Water Supply & Demand Assessment (AWSDA) Report BACKGROUND/ DISCUSSION:

The purpose of this Annual Water Supply and Demand Assessment Report (Summary Report) is to fulfill the California Water Code (CWC) §10644(c)(1)(B) requirements, and it is due on or before July 1st of every year. The attached report fulfills the 2024 filing requirement.

FISCAL IMPACT:

None
RECOMMENDATION: Staff recommends the City Council approve the attached 2024/25 AWSDA report that is filed with the State.

ATTACHMENTS:

1. 2024/25 AWSDA Report

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1 Item No. CC3___

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: Request to authorize the advertisement for construction bids for the roadway improvements of Redwood Blvd. from 560-ft East of Hacienda Blvd. to 98th Street – CML – 5399 (029) Pproject.

BACKGROUND/ DISCUSSION:

Through the Kern COG, the City of California City was allocated $846,966.00 in Federal funds.

These funds are being used for the roadway improvements, on Redwood Blvd. from 560-ft East of Hacienda Blvd. to 98th Street. The project includes paving an unpaved section of roadway and shoulders, installation of sidewalks, curb ramps, class II bike lanes, and raised median islands, and will install signs, striping, and pavement markings. See the attached site map and construction plans.

Back on May 14, 2024, the City Council passed Resolution No.24-3029 approving Program Supplement Agreement No. F025 for this project.

Our consultant BHT Engineering, Inc. has completed the design of the road project, see attached construction plans. At this time, the engineer is requesting the Council’s authorization to put the project out to bid.

FISCAL IMPACT:

The estimated cost for Construction is $1,023,095.00. The Federal match is $846,966.00 and the local match is $176,129.00 for this project.

The Local match will come from the Road Fund in Fiscal Year 2024/25 (if this project is approved by the City Council), Fund # 94-7000.

RECOMMENDATION:

Staff recommends the Council pass a motion to authorize the advertisement for construction bids for the roadway improvements of Redwood Blvd. from 560-ft East of Hacienda Blvd. to 98th Street – CML – 5399 (029) project.
2 ENVIRONMENTAL IMPACT:

This project meets Categorical Exemption requirements as outlined in Existing Facilities,- CEQA Section 15301 Class 1,c. The California Department of Transportation (Caltrans) has cleared the project under NEPA with a Categorical Exclusion under 23 CFR 771.117(c):
activity (c)(26)
ATTACHMENTS:

A – Site Map
B – Preliminary Cost Estimate
C – Construction Plans
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ___X___
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______

Helt Engineering, Inc. HEI # 19410
1 SITE DEMOLITION, GRADING, BALANCE ROADWAY/SITE TO
NEW GRADE L.S. 1 65,000.00 $ 65,000.00 $
2 COLD PLANE EXISTING AC SURFACE - PER PLANS S.F. 779 6.00 $ 4,674.00 $ 3 SCARIFY 12" NATIVE MATERIAL & COMPACT PER PLANS C.Y. 1,964 25.00 $ 49,100.00 $ 4 CLASS 2 AGG. BASE TON 2,325 40.00 $ 93,000.00 $
5 TYPE "A" HOT MIX ASPHALT TON 1,089 135.00 $ 147,015.00 $ 6 INSTALL TYPE "M" MEDIAN CURB L.F. 2,449 30.00 $ 73,470.00 $ 7 INSTALL CURB & GUTTER - 24" PAN L.F. 1,473 40.00 $ 58,920.00 $ 8 INSTALL CURB & GUTTER - 12" PAN L.F. 165 30.00 $ 4,950.00 $ 9 INSTALL 5-FT WIDE SIDEWALK S.F. 6,277 11.00 $ 69,047.00 $ 10 INSTALL 8"-THICK CONCRETE APRON / X-GUTTER S.F. 2,345 25.00 $ 58,625.00 $ 11 INSTALL ADA CURB RAMP EA. 10 3,750.00 $ 37,500.00 $
12 REMOVE BY GRIDING EXISTING CONFLICTING STRIPING L.F. 1,914 5.00 $ 9,570.00 $ 13 REMOVE BY GRIDING EXISTING CONFLICTING PAVEMENT
MARKINGS S.F. 191 6.00 $ 1,146.00 $
14 INSTALL 12" SOLID YELLOW/WHITE STRIPE -
THERMOPLASTIC L.F. 319 7.00 $ 2,233.00 $
15 INSTALL 24" SOLID YELLOW CROSS WALK STRIPE -
THERMOPLASTIC L.F. 183 12.00 $ 2,196.00 $
16 INSTALL 6" YELLOW CENTERLINE - THERMOPLASTIC -
DETAIL 22 L.F. 230 5.00 $ 1,150.00 $
17 INSTALL 6" WHITE LINE - THERMOPLASTIC - DETAIL 39 &
39A & 27B L.F. 2,818 5.00 $ 14,090.00 $
18 INSTALL 8" WHITE - THERMOPLASTIC - DETAIL 38 & 38B & CHEVRON STRIPES L.F. 829 8.00 $ 6,632.00 $
19 INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS S.F. 485 20.00 $ 9,700.00 $ 20 PAINT TOP AND FRONT OF MEDIAN ISLAND NOSE WITH
REFLECTORIZED YELLOW TRAFFIC PAINT. L.F. 85 3.00 $ 255.00 $ 21 FURNISH AND INSTALL SOLAR-POWERED FLASHING LED
STOP SIGN - R1-1 (36"X36") EA. 4 $ 4,500.00 $ 18,000.00 22 FURNISH AND INSTALL STOP SIGN - R1-1 (30"X30") EA. 3 $ 800.00 $ 2,400.00 23 FURNISH AND INSTALL "ALL WAY" SIGN - R1-4 (18"X6") EA. 4 $ 100.00 $ 400.00 24 FURNISH AND INSTALL R4-7 SIGN & TYPE N - SIGN
ASSEMBLY EA. 1 $ 300.00 $ 300.00
25 FURNISH AND INSTALL R5-1 SIGN - (30"x30") EA. 2 $ 300.00 $ 600.00 26 FURNISH AND INSTALL R6-1 & TYPE N - SIGN ASSEMBLY EA. 3 $ 375.00 $ 1,125.00 27 FURNISH AND INSTALL R7-9 SIGN - (18"x24") EA. 11 $ 300.00 $ 3,300.00 28 FURNISH AND INSTALL R81A(CA) SIGN - (12"x5") EA. 1 $ 100.00 $ 100.00 29 FURNISH AND INSTALL R81B(CA) SIGN - (8"x5") EA. 1 $ 100.00 $ 100.00 30 FURNISH AND INSTALL SR4-1(CA) SIGN - (24"x38") EA. 2 $ 400.00 $ 800.00 31 FURNISH AND INSTALL W3-1 SIGN - (30"x30") EA. 2 $ 400.00 $ 800.00 32 FURNISH AND INSTALL TYPE K-1(CA) SIGN - (12"x16") EA. 3 $ 250.00 $ 750.00 33 FURNISH AND INSTALL R14-1 SIGN - (30"x30") EA. 1 $ 300.00 $ 300.00 34 CHANGEABLE MESSAGE SIGN EA. 2 $ 1,000.00 $ 2,000.00
35 ADJUST MANHOLE TO GRADE EA. 1 $ 2,000.00 $ 2,000.00
36 FURNISH AND INSTALL 20-FT K RAIL EA. 3 $ 1,500.00 $ 4,500.00 37 QUALITY CONTROL PROGRAM L.S. 1 $ 15,000.00 $ 15,000.00 38 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL
PLAN L.S. 1 $ 8,000.00 $ 8,000.00
39 TEMPORARY TRAFFIC CONTROL L.S. 1 $ 40,000.00 $ 40,000.00 UPDATED: 03/06/24 Construction Subtotal: 808,748.00 $
BY: JMP Contingency (10%): 80,900.00 $
Construction Management: 133,447.00 $
Construction Total: 1,023,095.00 $
FROM 560-FT EAST OF HACIENDA BLVD. TO 98TH ST.

UNIT OF

MEASURE
EST.

QUANTITY

COST PER

UNIT TOTAL COST

CITY OF CALIFORNIA CITY
REDWOOD BLVD. RECONSTRUCTION
CML 5399 (029)
ITEM
NO. ITEM CODE
VICINITY MAP NTS GENERAL NOTES LOCATION MAP NTS STATE OF CALIFORNIA CAL CITY PROJECT SITE Know what's below Call 811 before you dig CITY OF CALIFORNIA CITY DEPARTMENT OF PUBLIC WORKS PROJECT PLANS FOR REDWOOD BLVD. IMPROVEMENTS FROM 560-FT EAST OF HACIENDA BLVD. TO 98TH STREET CML - 5399 (029) BHT01 SHEET INDEX CONTACT INFORMATION REDWOOD BLVD. BHT02

MATCH LINE SEE BELOW LEFT

MATCH LINE SEE ABOVE RIGHT

MATCH LINE SEE BELOW LEFT
MATCH LINE SEE ABOVE RIGHT REDWOOD BLVD. REDWOOD BLVD.

SEE SHEET 4 REDWOOD BLVD. BHT03
SEE SHEET 4 NORTH FLOWLINE PROFILE MEDIAN PROFILE
SEE SHEET 5 REDWOOD BLVD.

SEE SHEET 3 BHT04
SEE SHEET 3
SEE SHEET 5 FRONTAGE RD - PROFILE NORTH FLOWLINE PROFILE MEDIAN PROFILE REDWOOD BLVD.

SEE SHEET 4 BHT05
SEE SHEET 4 NORTH FLOWLINE PROFILE MEDIAN PROFILE
REDWOOD BLVD. BHT06 REDWOOD BLVD. REDWOOD BLVD.

REDWOOD BLVD. BHT07 REDWOOD BLVD. REDWOOD BLVD. REDWOOD BLVD. 98th STREET
BHT08 REDWOOD BLVD.

TAWNEY ST. FRONTAGE RD. FRONTAGE RD.

MATCH LINE SEE BELOW LEFT BHT09

MATCH LINE SEE ABOVE RIGTH
MATCH LINE SEE SHEET 09
BHT10
MATCH LINE SEE SHEET 08
01 TYPICAL STREET SECTION: REDWOOD BLVD. STA: 5+41 TO 7+35.76 ADJUST COVERS TO GRADE 0907 NTS NTS 08 NTS NTS 06 8' WIDE VALLEY GUTTER NTS WITH NO EXISTING CURB & GUTTER 02 TYPICAL STREET SECTION - REDWOOD BLVD. STA: 7+35.76 TO 12+00 NTS 03 TYPICAL STREET SECTION - REDWOOD BLVD. STA: 12+00 TO 19+06.80 NTS 05 12 ROADSIDE POLE/FOOTING DETAIL DETAIL "A" SIGN SUPPORT RECEIVER ASSEMBLY NTS SQUARE TUBE SIGN SUPPORT DETAIL ROADSIDE SIGN TYPICAL INSTALLATION TYPE "M" MEDIAN CURB 10 ONE WAY R6-1 & TYPE N SIGN ASSEMBLY 04 LIMIT LINE BIKE LANE SYMBOL WITH PERSON BIKE LANE ARROW TYPE IV (L) ARROW CALTRANS STD. PLAN A24A, A24C, A24D, A24E, A24F (PARTIAL) NTS 11 CALTRANS STD. PLAN A20A, A20B, A20C, AND A20D (PARTIAL) NTS NO PASSING ZONES - TWO DIRECTION DETAIL 2 CENTERLINES DETAIL 22 INTERSECTION LINE BIKE LANE DETAIL 39A BIKE LANE LINE DETAIL 39 CHANNELIZING LINE DETAIL 38 BHT11 1 Item No. PH1_

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Jim Creighton, Councilmember
SUBJECT: Increase of the Transient Occupancy Tax Public Hearing BACKGROUND/ DISCUSSION:

In California City, the Transient Occupancy Tax (TOT), otherwise known as a hotel tax has been at 6% since 2006. Cal City and McFarland are the only 2 cities in Kern County that are at 6%.

Other cities range from 8 – 12%. The average in Kern County is 9.3%.

I am proposing an increase in the TOT from 6 to 10% to be placed on the November Ballot.

Average annual income from the TOT is approximately $84,000.

As an educational fact, the TOT is not paid by the citizens of Cal City. It is paid only by those who use the hotel(s) and any short-term rentals (30 days or less, Airbnb, VRBO).

FISCAL IMPACT:

An increase of 40% would be paid to the city by increasing the TOT. Funds will go into the General Fund.

RECOMMENDATION:

Recommend that council approve the increase in the Transient Occupancy Tax from 6% to 10%.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A - Draft ballot measure for the November 5 general election B - Resolution No. 24-3042.
2 City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
-1-
ORDINANCE NO. 24-815

AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 3-2.1.403 OF DIVISION 4 OF ARTICLE 1 OF CHAPTER 2 OF TITLE 3 THE CALIFORNIA CITY MUNICIPAL CODE TO REVISE THE

TRANSIENT OCCUPANCY TAX RATE
The people of the City of California City do ordain as follows:

SECTION 1. The first sentence of Section 3-2.1.403 of Division 4 of Article 1 of Chapter 2 of Title 3 of the Monterey Park Municipal Code is hereby amended to read as follows:
“For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of [_________] percent of the rent charged by the operator.”
SECTION 2. If any section or portion of this Ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the Ordinance, which shall continue in full force and effect, and to that extent, the provisions of this Ordinance are severable.

SECTION 3. The City hereby determines that this Ordinance is not in-and-of-itself a "project" pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 1506l(b)(3), as it can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment.

SECTION 4. This Ordinance, and all the provisions thereof, shall become effective only upon affirmative passage by a majority of the voters voting on the Ordinance. This Ordinance shall be considered adopted on the date that the City declares the results of the election at which it was voted upon and shall be effective ten (10) days thereafter.

ADOPTED ON [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote].

RESOLUTION NO. 24-3041

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, ORDERING THE

SUBMISSION TO THE QUALIFIED ELECTORS OF THE

CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, OF A MEASURE TO

AMEND THE CALIFORNIA CITY MUNICIPAL CODE
SECTION 3-2.1.403, TAXES IMPOSED; DIRECTING THE

CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS; AND SETTING PRIORITIES FOR BALLOT

ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of California City on Tuesday, November 5, 2024, a General Municipal Election for the purposes of electing two (2) Members of the City Council for a four-year term and a Mayor for a two-year term, which is said to expire November 2028, and November 2026, respectively; and
WHEREAS, pursuant to existing authority under the Elections Code, the City Council proposes to submit to the voters of the City at said General Municipal Election a ballot measure to amend the California City Municipal Code, Section 3-2.1.403, relating to the amount of transient occupancy tax imposed upon transient occupants of hotels; and
WHEREAS, the proposed ballot measure would increase the amount of transient occupancy tax imposed on transient occupants of hotels from six percent (6%) to [____] percent (__%) of the rent charged by the hotel operator; and WHEREAS, all funds raised by this measure will be deposited into the City’s General Fund for use for any legal purpose; and
WHEREAS, pursuant to Article XIII C of the California Constitution, Section 37100.5 of the California Government Code, and Sections 7280 – 7283.51 of the California Revenue and Taxation Code, the City has the authority to levy a transient occupancy tax following notice and a public hearing; and WHEREAS, on July __, 2024, the City published notice of the time and place of the hearing on the amendments relating to the City’s Transient Occupancy Tax and a general explanation thereof in the Mojave Desert News, a newspaper of general circulation; and
WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election the City on CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3041

Page 2 of 6 ends

the matter of amending the California City Municipal Code provisions relating to the Transient Occupancy Tax.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to California Elections Code Sections 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order that a ballot measure be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024 in the form set forth herein.

SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said General Municipal Election shall appear and be printed on the ballot as follows:

Shall an ordinance be adopted to amend the
transient occupancy tax provisions of the
California City Municipal Code to increase the
tax imposed on transient occupants of hotels
from 6% to __% of the rent charged by the hotel
operator, estimated to generate $________
annually, the revenues of which shall be used
for general government operations, in
perpetuity, be adopted?
YES
NO
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election.

SECTION 4. The ballots to be used at the election shall be in the form and content required by law.

SECTION 5. The City Clerk is authorized, instructed, and directed to coordinate with the County of Kern Elections Division to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 6. The City Clerk is hereby directed to submit to the City Attorney a copy of the ordinance, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk as required by Elections Code Section 9280 and shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California.

SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3041

Page 3 of 6 ends

contemplated in Elections Code Section 10400 and all such arguments shall be filed with the California City, City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.

If more than one argument is submitted in favor or against the measure, the Clerk shall select the argument based upon the priorities set forth in Elections Code 9287, and if more than one argument shares the same highest priority, the City Clerk shall use a random selection methodology. Arguments received prior to the deadline shall be confidential until the deadline.

SECTION 8. That the last day for filing rebuttal arguments for or against the ballot measure shall be as set forth in Elections Code Section 9285 and all such arguments shall be filed with the California City, City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.

SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.

SECTION 10. That the polls (vote centers) for the election shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 13. The election on this measure shall be conducted on the same ballot as the General Municipal Election for candidates, and in all other particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Kern County Board of Supervisors and the Kern County Elections Division.

SECTION 15. The City Council, by separate resolution, shall request that the Kern County Board of Supervisors consolidate such California City General Municipal Election with the Statewide General Election to be held on November 5, 2024.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3041

Page 4 of 6 ends

SECTION 16. The City Manager and all other officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the process for placing the measure on the November 5, 2024 ballot.

SECTION 17. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this 23rd day of July, 2024. _______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3041

Page 5 of 6 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3041 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3041

Page 6 of 6 ends

EXHIBIT “A”
RESOLUTION NO. 24-3042

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF KERN

TO CONSOLIDATE A MUNICIPAL BALLOT MEASURE
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO § 10403 OF THE ELECTION
CODE
WHEREAS, the City Council (“City Council”) of the City of California City (“City”) previously requested that the Kern County Board of Supervisors consolidate the City’s General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the same date; and
WHEREAS, the City Council subsequently ordered the submission to the qualified electors of the City at its General Municipal Election to be held on November 5, 2024, of a measure to amend the City’s Municipal Code Section 3-2.1.403, Taxes Imposed, to increase the transient occupancy tax imposed on transient occupants of hotels located within the City from 6% to __% of the rent charged by the hotel operator; and WHEREAS, it is desirable that the said measure be consolidated together with the General Municipal Election being consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers), and election officers of the two elections be the same, and that the county elections department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to include with the General Municipal Election being consolidated with the Statewide General Election on Tuesday, November 5, 2024, the submission as a ballot measure to the voters the question of increasing the rate of the City’s transient occupancy tax from six percent (6%) to ______ percent (__%).

SECTION 2. That a measure is to appear on the ballot as follows:

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3042

Page 2 of 5 ends

SECTION 4. That the vote requirement for the measure to pass is a vote of least a majority of the voters voting on the question.

SECTION 5. That the county elections division is authorized to canvass the returns of the measure submitted to the qualified electors at the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 6. That the Board of Supervisors is requested to issue instructions to the county elections division to take any and all steps necessary for the holding of the consolidated election.

SECTION 7. That the City of California City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county elections division of the County of Kern.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this 23rd day of July 2024. [THIS SPACE INTENTIONALLY LEFT BLANK]
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3042

Page 3 of 5 ends

_______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3042

Page 4 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3042 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3042

Page 5 of 5 ends

EXHIBIT A

TEXT OF PROPOSED TRANSIENT OCCUPANCY TAX MEASURE
1 Item No. PH 2

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Jim Creighton, Councilmember
SUBJECT: Increase Sales Tax Public Hearing
BACKGROUND/ DISCUSSION:

In California City, the Sales Tax, is currently at 7.25%. Cal City along with Maricopa and Shafter are the only cities in Kern County that are at 7.25%. Other cities are at 8.25% with Ridgecrest at

9.25%. The average in Kern County is 8.1%.

I am proposing an increase in the Sales Tax of 1% from 7.25% to 8.25% to be placed on the November Ballot. Average annual income from the current Sales Tax is ___ This tax will go directly into the General Fund.

Unlike a parcel tax, the Sales Tax is paid by everyone who makes a purchase in Cal City, whether they live here or not.

FISCAL IMPACT:

An increase of the Sales Tax by 1% paid to the city’s General Fund.

RECOMMENDATION:

Recommend that council approve the increase in the Sales Tax from 7.25% to 8.25% and be placed on the November ballot.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A - Draft ballot measure for the November 5 general election B - Resolution No.

City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
2

Page 1 ends

ORDINANCE NO. 24-816

AN ORDINANCE OF THE CITY OF CALIFORNIA CITY ADOPTING
DIVISION 6 “TRANSACTIONS AND USE (SALES) TAX” OF ARTICLE 1 OF CHAPTER 2 OF TITLE 3 OF THE CALIFORNIA CITY MUNICIPAL

CODE TO IMPOSE A ONE CENT TRANSACTIONS AND USE TAX
WHEREAS, the City of California City has authority, pursuant to Article XIIIC of the California Constitution and Revenue and Tax Code section 7285.9 et seq. to propose a transactions, and use tax to be adopted by a majority vote of qualified voters, and is authorized by Elections Code section 9222 to submit an ordinance directly to the voters at the general election to be held on November 5, 2024;

NOW, THEREFORE, THE PEOPLE OF THE CITY OF CALIFORNIA CITY DO ORDAIN AS FOLLOWS:

SECTION 1. Adoption. Division 6, “Transactions and Use (Sales) Tax” of Article 1 of Chapter 2 of Title 3 of the California City Municipal Code is hereby adopted to read in its entirety as follows:

Sec. 3-2.1.601 Short title.

This chapter shall be known as the City of California City Transactions and Use (Sales) Tax.

Sec. 3-2.1.602 Purpose.

Pursuant to the requirements of the California Department of Tax and Fee Administration, this chapter is adopted to achieve the following, among other purposes, and directs that the provisions of this chapter be interpreted in order to accomplish those purposes:
(a) To impose a retail transactions and use tax to be applied throughout the entire territory of the city to the fullest extent permitted by law and in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 of the Revenue and Taxation Code, which authorizes the city to adopt this chapter if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
(b) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

Page 2 ends

(c) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration 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 California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes. (d) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter. (e) To provide transactions and use tax revenue to the city to be used to fund city services, including, but not limited to: maintaining neighborhood police patrols, fire protection, 911 emergency response times, maintaining crime suppression and investigation, city streets and pothole repair, parks and recreation, job creation and economic improvement programs, senior and youth services, and with any transactions and use tax revenue received being placed into the city’s general fund. (f) To provide transaction and use tax revenue to the city that can be spent for unrestricted general revenue purposes.

Sec. 3-2.1.603 Operative date.

In accordance with Revenue and Tax Code section 7265, this chapter shall be operative on the first day of the first calendar quarter commencing at least 110 days after the adoption of the ordinance codified in this chapter by vote of the electorate.

Sec. 3-2.1.604 Contract with state.

Prior to the operative date, the city shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the city shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such contract.

Sec. 3-2.1.605 Transactions tax rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of one percent of the gross receipts of any retailers for the sale of all tangible personal property sold at retail in said territory on and after the operative date of this chapter.

Sec. 3-2.1.606 Place of sale.

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For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer, or his or her agent, to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event 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 to be prescribed and adopted by the California Department of Tax and Fee Administration.

Sec. 3-2.1.607 Use tax rate.

A use tax is hereby imposed on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this chapter for storage, use, or other consumption in said territory at the rate of onehalf of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Sec. 3-2.1.608 Adoption of provisions of state law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

Sec. 3-2.1.609 Limitation on adoption of state law and collection of use taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
(a) Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted. The substitution, however, shall not be made when:
(1) The word “state” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California. (2) The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter.

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(3) In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
(i) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or (ii) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. (4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. (b) The word ‘‘city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code. (c) “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

Sec. 3-2.1.610 Permit 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 chapter.

Sec. 3-2.1.611 Exemptions and exclusions.
(a) There shall be excluded from the measure of the transactions and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. (b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county 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.

Page 5 ends

(2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
(i) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and (ii) With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. (3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter. (4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this chapter.
(5) For the purposes of subsections (b)(3) and (b)(4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(c) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in this city of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by
operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.l of the Revenue and Taxation Code of the State of California.

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(3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. (4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter. (5) For the purposes of subsections (c)(3) and (c)(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(6) Except as provided in subsection (c)(7) of this section, a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer. (7) “A retailer engaged in business in the city” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city. (d) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. (e) Nothing in this chapter shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the Constitution of the United States, or the Constitution of the State of California.

Sec. 3-2.1.612 Amendments.
(a) All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation

Page 7 ends

Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter. (b) The city council may otherwise amend this chapter without submitting the amendment to the voters for approval in any manner which does not constitute a tax “increase” as that term is defined in Government Code section 53750(h). The city council may amend this chapter without voter approval provided such amendments do not increase the tax rate; extend the duration of the tax; revise the methodology for calculating the tax, such that a tax increase would result; impose the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminate the tax.
(c) Notwithstanding any provision to the contrary, any proposed change to the tax rate imposed under this chapter shall be submitted to the vote of the people.

Sec. 3-2.1.613 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 any officer of the state or the city, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Sec. 3-2.1.614 Audit Requirements.

The proceeds resulting from these transactions and use tax shall be deposited into the city’s general fund and become subject to the same audit requirements as other general fund revenue. Any auditor’s report shall include an accounting of the revenues received from the transactions and use tax and shall be presented to the city council and made available for public review.

Sec. 3-2.1.615 Citizens’ oversight committee.

Although not otherwise required by state law, the city council shall, by resolution adopted before the operative date of this chapter, establish a citizens’ oversight committee to review the revenue and expenditure of funds from the tax imposed under this chapter. The members’ terms and qualifications, and duties and scope of the committee, shall be as established by the resolution.

SECTION 2. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

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SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

SECTION 4. Passage. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of California City, California, and cause the same to be published in accordance with State law.

SECTION 5. Effective Date. This Ordinance shall go into effect in accordance with Elections Code Section 9217, and shall be deemed adopted and become effective only if approved by a majority of the eligible voters of the City of California City voting thereon, at an election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. The levying and collection of the transaction and use tax shall be as specified in the Ordinance.

ADOPTED ON [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote].

RESOLUTION NO. 24-3043

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, ORDERING THE

SUBMISSION TO THE QUALIFIED ELECTORS OF THE

CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, OF A MEASURE TO

AMEND THE CALIFORNIA CITY MUNICIPAL CODE BY
ADDING DIVISION 6 “TRANSACTIONS AND USE (SALES)
TAX” TO ARTICLE 1 OF CHAPTER 2 OF TITLE 3
THEREOF; DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS; AND SETTING

PRIORITIES FOR BALLOT ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of California City on Tuesday, November 5, 2024, a General Municipal Election for the purposes of electing two (2) Members of the City Council for a four-year term and a Mayor for a two-year term, which is said to expire November 2028, and November 2026, respectively; and
WHEREAS, the proposed ballot measure would enact and impose a transactions and use tax on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer within the City at the rate of one percent (1%) of the sales price of the property; and
WHEREAS, the measure requires strict accountability provisions, including independent citizen oversight with public disclosure of all spending, mandatory financial audits, and public reports to the community; and
WHEREAS, all funds raised by this measure will be deposited into the City’s General Fund for use for any legal purpose; and
WHEREAS, the City of California City has authority, pursuant to Revenue and Tax Code section 7285.9 et seq. to propose the levy of a transactions and use tax to be adopted by a majority vote of qualified voters provided that it is first approved by at least two-thirds vote of all members of the City Council; and WHEREAS, the City Council is authorized by Elections Code section 9222 to submit the proposed ordinance directly to the voters at the general election to be held on November 5, 2024.

WHEREAS, on July 17, 2024, the City published notice of the time and place of the hearing on the placement on the ballot of a City Transactions and Use Tax and a CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3043

Page 2 of 6 ends

general explanation thereof in the Mojave Desert News, a newspaper of general circulation; and
WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election the City on the matter of amending the California City Municipal Code relating to the proposed Transactions and Use Tax.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said General Municipal Election shall appear and be printed on the ballot as follows:

Shall the measure establishing a 1¢ sales tax
for general government use to maintain the City
of California City’s vital services, such as
maintaining neighborhood police patrols, fire
protection, 911 emergency response times,
maintaining crime suppression and
investigation, city streets and pothole repair,
parks and recreation, job creation and
economic improvement programs, senior and
youth services, and generating approximately
$__________ annually, in perpetuity, with
regular financial audits, independent citizens’
oversight, and requiring funds be used locally,
be adopted?
YES
NO
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election.

SECTION 4. The ballots to be used at the election shall be in the form and content required by law.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3043

Page 3 of 6 ends

SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as contemplated in Elections Code Section 10400 and all such arguments shall be filed with the California City, City Clerk at 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.

SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3043

Page 4 of 6 ends

SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Kern County Board of Supervisors and the Kern County Elections Division.

SECTION 15. The City Council, by separate resolution, shall request that the Kern County Board of Supervisors consolidate such California City Special Municipal Election with the Statewide General Election to be held on November 5, 2024.

SECTION 17. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this 23rd day of July 2024. _______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3043

Page 5 of 6 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3043 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3043

Page 6 of 6 ends

EXHIBIT “A”
RESOLUTION NO. 24-3044

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF KERN

TO CONSOLIDATE A MUNICIPAL BALLOT MEASURE
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO § 10403 OF THE ELECTION
CODE
WHEREAS, the City Council (“City Council”) of the City of California City (“City”) previously requested that the Kern County Board of Supervisors consolidate the City’s General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the same date; and
WHEREAS, the City Council subsequently ordered the submission to the qualified electors of the City at its General Municipal Election to be held on November 5, 2024, of a measure to amend the City’s Municipal Code by adding Division 6, “Transactions and Use (Sales) Tax” to Article 1 of Chapter 2 of Title 3 for the purpose of imposing a one percent (1%) transactions and use tax on sales transactions; and WHEREAS, it is desirable that the said measure be consolidated together with the General Municipal Election being consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers), and election officers of the two elections be the same, and that the county elections department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to include with the General Municipal Election being consolidated with the Statewide General Election on Tuesday, November 5, 2024, the submission as a ballot measure to the voters the question of imposing a transactions and use tax on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer within the City at the rate of one percent (1%) of the sales price of the property.

SECTION 2. That a measure is to appear on the ballot as follows:

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3044

Page 2 of 5 ends

Shall the measure establishing a 1¢ sales tax
for general government use to maintain the City
of California City’s vital services, such as
maintaining neighborhood police patrols, fire
protection, 911 emergency response times,
maintaining crime suppression and
investigation, city streets and pothole repair,
parks and recreation, job creation and
economic improvement programs, senior and
youth services, and generating approximately
$__________ annually, in perpetuity, with
regular financial audits, independent citizens’
oversight, and requiring funds be used locally,
be adopted?
YES
NO
SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a vote of least a majority of the voters voting on the question.

SECTION 6. That the Board of Supervisors is requested to issue instructions to the county elections division to take any and all steps necessary for the holding of the consolidated election.

SECTION 7. That the City of California City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county elections division of the County of Kern.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this 23d day of July 2024.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3044

Page 3 of 5 ends

_______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3044

Page 4 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3044 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3044

Page 5 of 5 ends

EXHIBIT A

TEXT OF PROPOSED ONE PERCENT TAX MEASURE
1 Item No. PH3

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Jim Creighton, Councilmember
SUBJECT: Special Parcel Tax Public Hearing
BACKGROUND/ DISCUSSION:

This public hearing is on the agenda tonight as a backup plan should the Tax Measure on the 30 July Special Election fail. If the Tax passes on the 30 July Special Election, then this item will become moot.

I am proposing to be placed on the November Ballot a Special Parcel Tax to be used only by Public Safety. The amount I am proposing is $150 per parcel. The gross amount to be potentially generated will be $7,570,500. However, using the 25% delinquency rate, that figure is likely to be closer to $5,677,875. The funds will be divided 55% to Police and 45% to Fire.

For this parcel tax, I am proposing that it be in effect for 6 years with no reduction formula.

However, should the city receive sufficient revenue in any of the 6 years the Council may, at their discretion, reduce the tax by a reasonable amount during the month of July for the following fiscal year.

FISCAL IMPACT:

An annual tax in the amount of approximately $5,677,875 for Public Safety only.

RECOMMENDATION:

Recommend that council approve the Special Parcel Tax of $150 per parcel and be placed on the November ballot if necessary.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A - Draft ballot measure for the November 5 general election B - Resolution No. 24-3041
2 City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
ORDINANCE NO. 24-817

AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA

AMENDING THE CALIFORNIA CITY MUNICIPAL CODE BY AMENDING DIVISION 5 OF ARTICLE 1 OF CHAPTER 2 OF TITLE 3 BY ENACTING

FOR A PERIOD OF SIX YEARS A PUBLIC SAFETY ONLY SPECIAL

PARCEL TAX TO BE LEVIED ON ALL PARCELS OF REAL PROPERTY

IN THE CITY OF CALIFORNIA CITY, AND ESTABLISHING AN

APPROPRIATIONS LIMIT
The people of the City of California City do ordain as follows:

SECTION 1. Title 3, Chapter 2, Article 1, Division 5, Special Parcel Tax, of the California City Municipal Code is hereby amended in its entirety to read as follows:
“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 2024.

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.

Sec. 3-2.1.503. Maximum rate.

The maximum rate of the tax to be levied against each parcel in the initial tax year shall be one hundred fifty dollars ($150.00) for each parcel.

Sec. 3-2.1.504. Annual proceedings.

The City Council is authorized to set for each tax year, by ordinance or resolution, the tax levied against each 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.

Sec. 3-2.1.505. 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.

Sec. 3-2.1.506. Use of funds.

All tax proceeds received pursuant to this Division shall be deposited into two (2) special funds with fifty-five percent (55%) of the proceeds deposited in the Police Special Tax Fund and forty-five percent (45%) of the proceeds deposited in 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.

Sec. 3-2.1.507. Accountability.

The chief fiscal officer of the City shall file a report with the City Council no later than January 1 of each year. The annual report shall contain both of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded under this ordinance.

The City Manager shall file a report with the City Council on a quarterly basis.

The quarterly report shall contain data and measures of general tax base growth and other data and measures of economic growth within the City.

Sec. 3-2.1.508. Duration.

The levy of tax shall commence with tax year 2024-25. The final levy of the tax shall be for tax year 2030-2031 unless the tax is extended by a vote of the people.

Sec. 3-2.1.509. Amendment.

The City Council may, by ordinance, amend, repeal, renumber or recodify any or all of the provisions of this division; provided, however, that no ordinance extending the tax beyond the dates set forth in Section 3-2.1.508 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.

Sec. 3-2.1.510. Appropriations Limit.

Pursuant to the California Constitution, article XIIIB, the appropriation limit for the City of California City will be increased by the maximum projected aggregate collection authorized by the levy of this special tax, as indicated in section 3-2.1.503 of this division, in each of the years covered by this division plus the amount, if any, by which the appropriations limit is decreased by law as a result of the assessment of the special tax set forth in this division.”
SECTION 2. If any section or portion of this Ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the Ordinance, which shall continue in full force and effect, and to that extent, the provisions of this Ordinance are severable.

SECTION 4. This Ordinance, and all the provisions thereof, shall become effective only upon affirmative passage of two-thirds of the voters voting on the Ordinance. This Ordinance shall be considered adopted on the date that the City declares the results of the election at which it was voted upon and shall be effective ten (10) days thereafter.

ADOPTED ON [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote].

RESOLUTION NO. 24-3045

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, ORDERING THE

SUBMISSION TO THE QUALIFIED ELECTORS OF THE

CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, OF A MEASURE TO

EXTEND A SPECIAL PUBLIC SAFETY ONLY PARCEL

TAX ON REAL PROPERTY IN THE CITY OF CALIFORNIA
CITY; DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS; AND SETTING PRIORITIES

FOR BALLOT ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of California City on Tuesday, November 5, 2024, a General Municipal Election for the purposes of electing two (2) Members of the City Council for a four-year term and a Mayor for a two-year term, which is said to expire November 2028, and November 2026, respectively; and
WHEREAS, pursuant to existing authority under the Elections Code, the City Council proposes to submit to the voters of the City at said General Municipal Election a ballot measure to extend a special parcel tax on real property in the City of California City, for the purpose of generating revenue for the exclusive use for public safety; and WHEREAS, pursuant to Article XIII A of the California Constitution and Section 50077 et seq. of the California Government Code, the City has the authority to levy a special tax following notice and a public hearing; and
WHEREAS, the California Constitution Article XIIIC, Section 2(d) requires a proposed tax to be submitted to the qualified electors at an election; and WHEREAS, on July 17, 2024 the City published notice of the time and place of the hearing on the special tax and a general explanation thereof in the Mojave Desert News, a newspaper of general circulation; and
WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election in the matter of levying a special tax on parcels of real property in the City; and WHEREAS, the City Council of the City of California City intends to submit to the qualified electors, a ballot measure on a proposed ordinance to extend a special parcel tax on real property in the City of California City, as described in this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3045

Page 2 of 6 ends

SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said General Municipal Election shall appear and be printed on the ballot as follows:

Shall the measure to enact a public safety only
special parcel tax on all real property within the
City of California City, in an annual amount not
to exceed $150 for each parcel within the City,
expiring in six (6) years, estimated to generate
approximately $7.5 million annually, solely to
fund police services, and fire protection and
emergency medical services, be adopted?
YES
NO
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The measure shall not take effect unless and until approved by a vote of at least 2/3rds of the voters voting on the question at the election.

SECTION 4. The ballots to be used at the election shall be in the form and content required by law.

SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as contemplated in Elections Code Section 10400 and all such arguments shall be filed with the California City, City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3045

Page 3 of 6 ends

SECTION 8. That the last day for filing rebuttal arguments for or against the ballot measure shall be as set forth in Elections Code Section 9285 and all such arguments shall be filed with the California City City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.

SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Kern County Board of Supervisors and the Kern County Elections Division.

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3045

Page 4 of 6 ends

SECTION 17. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ///
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this 23rd day of July 2024. _______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3045

Page 5 of 6 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3045 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3045

Page 6 of 6 ends

EXHIBIT “A”
RESOLUTION NO. 24-3046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF KERN

TO CONSOLIDATE A MUNICIPAL BALLOT MEASURE
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO § 10403 OF THE ELECTION
CODE
WHEREAS, the City Council (“City Council”) of the City of California City (“City”) previously requested that the Kern County Board of Supervisors consolidate the City’s General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the same date; and
WHEREAS, the City Council subsequently ordered the submission to the qualified electors of the City at its General Municipal Election to be held on November 5, 2024, of a measure to extend the City’s public safety only special parcel tax by amending Division 5 of Article 1 of Chapter 2 of Title 3 of the City’s Municipal Code for the purpose of imposing a $150 tax on each parcel within the City for a period of six (6) years, the proceeds of which shall be used exclusively for public safety; and WHEREAS, it is desirable that the said measure be consolidated together with the General Municipal Election being consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers), and election officers of the two elections be the same, and that the county elections department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to include with the General Municipal Election being consolidated with the Statewide General Election on Tuesday, November 5, 2024, the submission as a ballot measure to the voters the question of imposing a transactions and use tax on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer within the City at the rate of one percent (1%) of the sales price of the property.

SECTION 2. That a measure is to appear on the ballot as follows:

CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3046

Page 2 of 5 ends

SECTION 4. That the vote requirement for the measure to pass is an approving vote of at least 2/3rds of the voters voting on the question.

SECTION 6. That the Board of Supervisors is requested to issue instructions to the county elections division to take any and all steps necessary for the holding of the consolidated election.

SECTION 7. That the City of California City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county elections division of the County of Kern.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Page 3 of 5 ends

_______________________________

KELLY KULIKOFF, MAYOR

CITY OF CALIFORNIA CITY
ATTEST:
____________________________________
DARYL A. BETANCUR, MPA, MMC,

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3046

Page 4 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.

CITY OF CALIFORNIA CITY )
I, DARYL A. BETANCUR, City Clerk of the City of California City, California, hereby certify that Resolution No. 24-3046 was adopted by the City Council of the City of California City at a Regular Meeting held on the 23rd day of July 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________
DARYL A. BETANCUR, MPA, MMC

CITY CLERK

CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. 24-3046

Page 5 of 5 ends

EXHIBIT A

TEXT OF PROPOSED PUBLIC SAFETY ONLY SPECIAL PARCEL TAX MEASURE

This agreement Addendum #3 is entered into this July 1, 2024, by and between Capitol Advocacy Partners, 600 Pennsylvania Avenue SE, #15048, Washington, DC 20003, hereinafter called “Consultant”, and the City of California City, 21000 Hacienda Blvd., California City, California 93505, hereinafter called “City.”
This addendum pertains to the agreement entered into between Consultant and City on June 1, 2022.

1. City elects to exercise the annual renewal clause in the June 1, 2022 contract, for the next one year through June 2025. As set out in the terms of the original contract, the monthly fee for services shall be increased 2.5%. For the period of July 1, 2024 to June 30, 2025, the monthly fee for services will be $4,202.50.

2. Grant writing may be added at any time during the contract per the terms outlined in the original contract.

3. All other terms and conditions of the original contract shall remain the same.

By: ___________________________
Date: ____________________
Latisha Lamberth
City Manager
City of California City
By: __________________________
Date: ___________________
Dana DeBeaumont
Partner
Capitol Advocacy Partners
4867-8745-5186 v1 1

CB 2

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Skate Park Status: Proposed Contract with American Ramp Company BACKGROUND/ DISCUSSION:

In 2023, the City Council agreed to develop a skate park in Central Park using funds from the American Rescue Plan Act. The City is a member of Sourcewell, a purchasing cooperative that combines the purchasing power of multiple agencies into a cooperative purchasing group to secure lower prices than what a smaller agency may obtain through an individual bid. Sourcewell contracts are competitively solicited and meet public bidding processes. Through Sourcewell, the City was able to identify that American Ramp Company, a Missouri-based company, was able to perform the work to the City’s specifications.

FISCAL IMPACT:

The contract with American Ramp Company is not to exceed $800,000. The City planned to use funds from the American Rescue Plan Act to pay for the contract.

RECOMMENDATION:

Staff recommends the Council authorize the City Manager to enter into a contract with American Ramp Company to adopt the resolutions as presented.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A – DRAFT Contract with American Ramp Company
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ___X___
New Business (NB) ______
1 OMLO: October 2018

CITY OF CALIFORNIA CITY

CONTRACT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Contract Services Agreement (“Agreement”) is made and entered into this _____ day of ________, 20___, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, California 93505 ("City") and [American Ramp Company], a [a S Corporation in the state of Missouri], with its principal place of business at [601 S.

McKinley Ave., Joplin, MO 64801] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain [Skatepark Design and Construction] services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [Design and Construction] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such [Design and Construction] services for the [California City Skatepark] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the [Design and Construction] services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from TBD to TBD, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the 2 OMLO: October 2018
means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: [Heather Ogden, Senior Project Manager].

3.2.5 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3 OMLO: October 2018

3.2.6 Consultant's Representative. Consultant hereby designates [John Hunter, CEO], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. The Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City's authorized representative. The quality of Services shall meet or exceed those standards established by the City or the City or County of jurisdiction. The Consultant shall perform all Services under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Consultant shall at all times enforce strict discipline and good order among its employees. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Services, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed on the Services.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.
4 OMLO: October 2018

3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Code 1), or if Consultant has no owned autos, “Hired Auto” (Code 8) and “NonOwned Auto” (Code 9), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation/Employer’s Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section.

3.2.10.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. 5 OMLO: October 2018
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of CG2010 (1219) and the CG2037 (1219), (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.10.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants. 6 OMLO: October 2018

3.2.10.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Enforcement of Agreement Provisions (non-estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.10.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
7 OMLO: October 2018

3.2.10.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of all services under this Agreement.
(C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.10.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.10.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.
8 OMLO: October 2018

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
9 OMLO: October 2018

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [EIGHT HUNDRED THOUSAND DOLLARS AND ZERO CENTS] ($[800,000.00]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 California Labor Code Provisions.

3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and 10 OMLO: October 2018
shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
11 OMLO: October 2018
Consultant: [AMERICAN RAMP COMPANY]
[601 S. MCKINLEY AVE]
[JOPLIN, MO 64801]
ATTN: [JOHN HUNTER, CEO]
City: City of California City
21000 Hacienda Blvd.

California City, CA 93505
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public 12 OMLO: October 2018
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.

3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
13 OMLO: October 2018

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of 14 OMLO: October 2018
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 15 OMLO: October 2018

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

CITY OF CALIFORNIA CITY [INSERT NAME]
By: By:

Inge Elmes
Acting City Manager
[JOHN HUNTER, CEO]
[If Corporation, TWO
SIGNATURES, President OR Vice
President AND Secretary OR
Treasurer REQUIRED]
ATTEST:

By:
[JAMES MOSS, CFO]
By:

City Clerk
APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
1 EXHIBIT "A"

SCOPE OF SERVICES
Task 1. Community Engagement and Design Services
Kickoff & Site Review
- Meet with project team to review project objectives, budget, schedule, site confirmation, and any additional project details
- Review proposed site for opportunities, constraints, access and entry locations, spectator viewing, existing drainage/drainage flow, and supporting amenities - Drone survey to capture topography of site as well as other site information (dependant on receiving clearance to fly drone)
- One in person community engagement sessions and virtual follow up engagement as needed Preliminary Concept
- Develop preliminary concept and cost estimate
- Provide concept to project team for review and comment - Receive comments from project team for integration into revised concept o Can post online survey to receive feedback from community if needed Refined Concept (up to 2-revisions included)
- Revise preliminary concept and cost estimate based on feedback - Provide concept to project team for review and comment - Receive comments from project team for integration into final concept o Can post online survey to receive feedback from community if needed Final Concept
- Present final concept and cost estimate to project team for review and approval - Provide final design project deliverables upon approval Deliverables
- Site Evaluation Report
- Final Concept
- Concept Cost Estimate
Task 2. Skatepark Construction
Includes:
- All labor, construction, project management, supplies, tools, materials, & equipment required - Site Staking and Layout
- Rough Grading
- Fine Grading
- Cutting and shaping grades within skatepark footprint - Installation of Rebar
- Install and Finish Shotcrete
- Concrete Flatwork
- Concrete ledges, steps, and turndown walls
- Expansion joints, Saw Cuts and Cold Joints
- Pipe coping edgings, grind rails, guard rails
2 - Park Sealing
- Prevailing Wage
City Provides:
- Survey and Mapping – The Client shall provide ARC with a current survey locating all above and below ground utilities, appurtenances, structures, and easements. *The survey shall be in digital format that can easily be used with AutoCAD software. - Sufficient water and electrical power within 100 feet of work areas. - Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy equipment.

Excludes:
- Erosion and Sediment Control
- Stabilized Construction Entrance
- Landscaping, Site and Turf Restoration post skatepark construction - Sidewalks/Walkways and Site Amenities of any kind
- Permits
- Construction Documents
- Fees and/or engineering and stamping
- Utility, mechanical, electrical, lighting, plumbing work, relocation or repairs of any kind. - Toxic or hazardous material handling or removal.
- Removal and/or replanting of any trees or shrubs or protection of trees and shrubs. - Anything not specifically mentioned in inclusions above. - Sales tax and payment/performance bonds.
1 EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]
1 EXHIBIT "B"

SCHEDULE OF SERVICES
EXHIBIT "C"

COMPENSATION

CITY COUNCIL
July 23, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Water Standby Charge— Fiscal Year 2024-25 Levy ………………………………………………………………………………………………………

BACKGROUND
California City operates a water system that was built to serve a large number of parcels that were planned for development at the time the water system was designed. Since Fiscal Year 1993-94, the city has charged a Water Standby Charge to undeveloped parcels that, when developed, will receive service from the City’s existing water system.

The amount of this charge ranges from $15 to $25 per year. The charge is collected on the property tax roll. Once a parcel is connected to the system and begins receiving (and paying for) water service, it stops being charged the standby charge.

Each year, the City Council holds a public hearing to approve placing the standby charges on the property tax roll. After conducting the hearing, notice of which was published, the Council may adopt the attached resolution, which sets the rate for 2023- 2024 and directs that the standby charge be collected by the County.

The standby charge rate has remained unchanged from past years and has not been increased since 1993-94.

In Fiscal Year 2023-24, the City Council agreed to only charge parcels that are 100 feet of an existing City water delivery or transmission line. This year only parcels without water service that are within 100 feet of the City’s water line will be assessed a Water Standby Fee.

RECOMMENDATION
Approve Resolution No. 24-3039 adopting water standby charges for Fiscal Year 2024- 2025.

FISCAL IMPACT The Standby Charge totals $459,470 for Fiscal Year 2023-24.

ENVIRONMENTAL ACTION NONE

ATTACHMENTS
Resolution No. 24-3039
Engineer's Report
1 RESOLUTION NO. 24-3039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, INITIATING PROCEEDINGS

FOR THE ESTABLISHMENT OF THE WATER STANDBY
CHARGES FOR FISCAL YEAR 2024-2025
THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY RESOLVES as follows:

SECTION 1. Purpose
This Resolution initiates proceedings to levy the City’s existing water standby charges for Fiscal Year 2024-2025.

SECTION 2. Findings
The City Council finds, determines and declares as follows:

A. Due to the size of the city and the interspersing of developed and undeveloped land within many areas of the City, the City operates and maintains a very extensive water system that is designed to serve not only the developed parcels in the City but also the territory that has not yet been developed.

B. The oversized water system is outdated, in need of substantial rehabilitation and improvements, and expensive to operate and maintain.

C. The Uniform Standby Charge Procedures Act (Gov’t Code Sec. 54984 et seq.) (the “Act”) authorizes the city to fix a water standby charge on land within the City that derive benefit from the availability of facilities to provide water service, even if that land does not actually use the water service.

D. In 1992 and 1993, the City Council conducted proceedings pursuant to the Act to fix a standby charge (the “Standby Charge”) to fund for the construction and reconstruction of water production, transmission and storage facilities.

E. Since the Standby Charge was first fixed, (i) the City has annually taken 2 action to continue the Standby Charge pursuant to Section 54984.7 of the Act and (ii) the Standby Charge has been collected on each year’s property tax roll.

F. The rate of the Standby Charge has not changed since it was initially levied in Fiscal Year 1992-1993.

G. Pursuant to Section 5(a) of Article XIII D of the California Constitution, the Standby Charge is exempt from the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution.

SECTION 3. Report of Engineer
A qualified engineer’s report is on file in the Office of the City Clerk and incorporated herein by reference. The proposed standby charge is based upon the report. The report includes the following: a description of the charge and the method by which it will be imposed; a compilation of the amount of the charge proposed for each parcel subject to the charge; a statement of the methodology and rationale followed in determining the degree of benefit conferred by the service for which the charge is made; and a discussion of the other factors described in Section 54984.2 of the Act.

SECTION 4. Affected Lands
A list of the assessor’s parcel number (or other identifying information for any parcel for which an assessor’s parcel number is not listed) of each parcel to be charged is on file in the Office of the City Clerk and incorporated herein by reference. The list also includes the amount of the charge for each listed parcel.

SECTION 5. Proposed Charges
The proposed charge is as follows:
(a) Effective July 1, 2024, water standby charges shall be paid by certain property within the City not receiving water service as follows:
(1) “Acres 1": Within recorded tracts for which a Subdivision Deferred 3 Improvement “SDI” Agreement exists, parcels not fronting upon a water main shall pay $15.00 per parcel per annum.
(2) “Acres 2": Within recorded tracts for which an SDI agreement exists, parcels
fronting upon a water main shall pay $20.00 per parcel per annum. (3) “Acres 3": Within recorded tracts for which an SDI Agreement does not exist,
parcels shall pay $25.00 per parcel per annum.
(b) Notwithstanding the foregoing, water standby charges shall not be paid by certain property within the City as follows:
(1) Parcels contained in a condominium, townhouse or other multifamily residential development shall not pay a standby charge, provided common area parcels shall pay a charge at the rate specified in subsection (a).
(2) Ownership interests consisting solely of mineral rights shall not pay standby charges.
(3) Parcels receiving water service as of the effective date shall not pay a standby charge.
(4) Parcels that are more than one hundred (100) feet away from the City’s water lines.

SECTION 5. Public Hearing
(a) The Council shall conduct a public hearing at the City Council Chambers located at 21000 Hacienda Blvd, California City, California, on July 23, 2024. At the published hearing, the Council will hear and consider all objections or protests, if any, to the proposed charges. (b) The City Clerk is directed to publish notice of the public hearing.

SECTION 6. Encouragement of Public Participation
The City Council has adopted this Resolution and will hold the noticed public hearing referenced in Section 6 of the Resolution as part of the City’s commitment to 4 open government and public participation. The adoption of this Resolution should not be interpreted as an admission by the city that the Resolution, or any of its contents, is required under applicable state law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 23rd day of July 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Daryl A. Betancur, MPA, MMC Victor M. Ponto,
City Clerk City Attorney
5 CERTIFICATION
I, Daryl Betancur, City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 23rd of July 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 23rd day of July 2024.

__________________________
Daryl A. Betancur, MPA, MMC
City Clerk

1 Item No.
____

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Establishing a Stop Sign at Catalpa Avenue and Lasky Street BACKGROUND/ DISCUSSION:

Attached is a resolution that would permit the Traffic Engineer to install a stop sign at the intersection of Catalpa Avenue and Lasky Street. The intersection of Catalpa Avenue and Lasky Street is already a two-way stop, although traffic in the eastbound lane is not subject to a stop sign. The proposed stop sign would create a three-way stop at the intersection by installing a stop sign on eastbound traffic.

The City has the authority to install stop signs pursuant to California Vehicle Code Sections 21351 and 21354. California Municipal Code Section 4-2.205 grants the City’s Traffic Engineer the authority to erect and maintain stop signs in the City. BHT Engineering, Inc. serves as the City’s Traffic Engineer.

The Public Works Department has requested a City Council resolution to place the stop sign at Catalpa Avenue and Lasky Street, which has been requested by the Mojave Unified School District, as the intersection is at the site of Robert P. Ulrich Elementary School. The Police Department, Fire Department, and Traffic Engineer have concluded that the installation of a stop sign at this intersection would improve public safety.

FISCAL IMPACT:

Staff estimates that the cost to install and maintain the stop sign will be $700, including material and labor costs.

RECOMMENDATION:

Staff recommends the Council adopt the resolution as presented.

ENVIRONMENTAL IMPACT:

None
2 ATTACHMENTS:

A - Resolution No. 24-3040.

B- Depiction of Proposed Location of Stop Sign
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___X___
1 RESOLUTION NO. 24-3040

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, ESTABLISHING A STOP

SIGN AT CATALPA AVENUE AND LASKY STREET
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the California Vehicle Code Sections 21351 and 21354 authorize local agencies to establish stop sign controls at intersections; and, WHEREAS, California Municipal Code Section 4-2.205 grants the City’s Traffic Engineer the authority to erect and maintain stop signs in the City; and, WHEREAS, Robert P. Ulrich Elementary School is located at the intersection of Catalpa Avenue and Lasky Street and the Mojave Unified School District has requested the installation of a stop sign at the intersection to prevent eastbound traffic from speeding; and, WHEREAS, the intersection of Catalpa Avenue and Lasky Street already contains two stop signs and the installation of the proposed stop sign would create a three-way stop at the intersection by installing a stop sign on eastbound traffic; and, WHEREAS, the City’s Police Department, Fire Department, Public Works Director, and Traffic Engineer have examined the request for a stop sign control at the intersection of Catalpa Avenue and Lasky Street and concluded that the installation of one would improve traffic control in the City; and,
WHEREAS, the City has determined that in order to better guide vehicular and pedestrian traffic, a stop sign control would be appropriate at the intersection of Catalpa Avenue and Lasky Street, per the as authorized by California Vehicle Code Section 21354.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA FOR THE DISTRICT, AS FOLLOWS:

SECTION 1: In accordance with California Vehicle Code Section 21354, the City’s Traffic Engineer is authorized to install a stop sign control at the intersection of Catalpa Avenue and Lasky Street creating a three-way stop at the intersection by installing a stop sign on eastbound traffic. All vehicles shall stop in accordance with California Vehicle Code Section 22450 before proceeding through the intersection. 2 SECTION 2: That the Director of Public Works/City Engineer is hereby directed to install the appropriate signs and pavement legends effecting this change as shown on the design sketch attached hereto as Exhibit “A”.

SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.

3 CERTIFICATION
I, Daryl Betancur, City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 23rd of July 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 23rd day of July 2024.

__________________________
Daryl A. Betancur, MPA, MMC
City Clerk
1 ITEM NO. NB

COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Lead and Copper Reporting Consultant 120 Water BACKGROUND/ DISCUSSION:

The purpose of the federal Lead and Copper Rule (LCR), Revisions (LCRR), and Improvements (LCRI) is to protect public health by reducing lead and copper levels in drinking water. Lead and copper can enter drinking water through disturbance or corrosion of lead and copper plumbing materials. Public water systems are required to monitor and take various actions to minimize lead and copper levels at consumers' taps.

The EPA has set an LCRR compliance date of October 16, 2024, for the lead service line inventories. All community and non-transient non-community water systems must complete and submit an initial inventory, even if all service lines are identified as nonlead. The City is already late submitting an inventory workplan for our water system.

Staff does not want to miss the October 16 deadline to submit lead service line inventory.

Staff has received a proposal from 120 Water, a sole source provider of an end-to-end Lead and Copper Compliance program solution. 120 Water is also a subcontractor through Sourcewell. 120 Water is a comprehensive solution used by water professionals nationwide to manage critical lead and drinking water programs. Comprised of secure cloud-based software, services, and point-of-use kits, 120Water’s solution provides tailored workflows for complying with lead and water quality programs to protect public health. They are currently working with over 30 water systems in the state of California on their Service Line Inventories, and they are also a preferred partner of the California Rural Water Association (CRWA) for this work.

FISCAL IMPACT:
2024/25 Budget Year GL Fund# 51-5115-310 Professional Services $13,850 RECOMMENDATION: Staff recommends the City Council approve the attached 120 Water Proposal and Scope of Work for the next three years at a total cost of $41,550.

ATTACHMENTS:

1. 120 Water Proposal

2. 120 Water Scope of Work

3. Cal City Contract Template with Consultant’s edits

4. 120 Water Master Service Agreement

5. Sole Source Letter
City of California City - CA - LSLI,COMS
Joe Barragan
[email protected]
7603737162
Reference: 20240715-161445836
Quote created: July 15, 2024
Quote expires: August 14, 2024
Quote created by: Liz Johns
[email protected]
Comments from Liz Johns
Contract start date at time of signature.

Products & Services
Item Name & Description Unit Price Quantity Term
(months)
PWS Pro $9,000.00
/ year
1 36
Comms + PTD Module $1,200.00
/ year
1 36
LCRR Managed Service $5,000.00
/ year
1 36
PWS application with Inventory, Program & Event Managment & Workflows
Communications & PTD Module added to PWS Pro - Enables Designing and Sending of Letters, Postcards & Publicly Available Service Line Map LCRR Coaching & guidance through Inventory Building, Verication, ongoing management, Sampling and Communication. Our team will provide assistance in Inventory Building through the normalization of CSV & Excel data exports to create a concise list of service locations and the asset records to coincide. Material Classications are the responsibility of the water system but we will work together to identify best practices for identifying those materials.

Annual subtotal $13,850.00
Total $13,850.00
Total contract value $41,550.00
Purchase terms
Net 30 billing.

Invoice Terms:

Billing Street Address:

Billing City:

Billing State:

Billing Zip Code:

Billing Country:

Billing Notes (if applicable):

This Order Form, together with the Master Services Agreement available at https://120water.com/masterservices-agreement/ (the “MSA”), shall become a legally binding contract upon the earlier of (a) the date both parties execute the Order Form or (b) the date Customer initially began using the Services. Any capitalized word not otherwise defined in this Order Form shall have the same meaning as set forth in the MSA. 120Water may reject this Order Form if: (1) the signatory below does not have the authority to bind Customer to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase order information and signature block), or (3) the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form. Subscriptions are non-cancelable before their end of the Term.
after $1,350.00 discount
Signature
Signature Date
Printed name
Countersignature
Countersignature Date
Printed name
Questions? Contact me
Liz Johns
[email protected]
120Water
250 S Elm St
Zionsville, IN 46077
US
City of California City, CA
Proposal: Service Line Inventory
Submission To:

Joe Barragan
[email protected]
Response Submitted By:
120Water
250 S Elm Street
Zionsville, IN 46077
120Water.com
Primary Contact:

Aaron Wilberding
California State Rep
[email protected]
714-348-9018
Service Line Inventory
Introduction:

Service line inventories are the foundation from which water systems take action to address a significant source of lead in drinking water - lead service lines (LSLs). Establishing an inventory of service line materials and identifying the location of LSLs is a key step in getting them replaced and protecting public health.

A comprehensive and accurate inventory has many additional benefits beyond regulatory compliance. Inventorying service line material permits notification to consumers about potential lead risks affecting them, which can facilitate customer actions to reduce lead in drinking water, including flushing, use of filters certified to reduce lead, and customer-initiated LSLR.

Inventories allow water systems to publicly track their progress on LSL identification and replacement, engaging the community and enhancing transparency. Inventories can also help water systems and consumers determine the source of high lead levels in drinking water at a home or building and the possible solutions for reducing exposure. Inventories can also make LSLR programs more efficient. Even incomplete inventories may create cost-saving opportunities for water systems by better targeting locations served by LSLs, stretching the value of internal or external funding that water systems receive, such as from the BIL. In addition, service line inventories can help inform decisions for other drinking water rules and could inform future needs surveys and potential future costs.

Objectives:

The LCRR requires CWSs and NTNCWSs to develop a publicly available service line inventory that includes material classifications (Lead, Galvanized Requiring Replacement (GRR), Non-Lead, or Lead status unknown) of all service lines connected to a public water distribution system (40 CFR §141.84(a)(2)). This inventory must define service line ownership, and where dual ownership applies, materials must be defined on both the PWS and customer portion of the line to accurately provide a single classification per service line.

City of California City, CA and 120Water are entering into an agreement to collaborate and develop a Preliminary Service Line Inventory. A Preliminary Service Line Inventory or Records Based Inventory, is an initial evaluation of all records that are publically available and widely available within the Utility. Establishing a Preliminary Service Line Inventory is the first step in achieving compliance with Revised Lead and Copper Rule. The objective of this scope of work is to establish a Preliminary Service Line Inventory within the defined term duration.

Scope of Work:

Developing a preliminary inventory is Phase I of the LSLI process. The goal is to identify, gather, organize, clean and categorize the data appropriately for Implementation into the 120Water Platform. Here is the process describing the various sections for Phase I of the LSLI process:
● The Consider section outlines the steps that follow once we work with the client to identify data sources and receive the data from the client ● The Clean section details steps for bringing the data into a coding environment and preparing the data so that it can be combined
● The Combine section details steps for merging data from different sources into a centralized LSLI data source. It is likely that the clean and combine processes will overlap when interacting with the data
● The Verify section outlines the steps for organizing the data so that Verify can be budgeted and prioritized
Consider
The first step is to determine the best way to pull together the data set by leveraging some unique combination of the data sources that were previously identified. The goal is to consider “combine potential” by taking a closer look at the data. When developing a records-based LSLI, the current LCRR language permits the following as records:
(i) All construction and plumbing codes, permits, and existing records or other documentation which indicates the service line materials used to connect structures to the distribution system. (ii) All water system records, including distribution system maps and drawings, historical records on each service connection, meter installation records, historical capital improvement or master plans, and standard operating procedures.
(iii) All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system. (iv) Any resource, information, or identification method provided or required by the State to assess service line materials.

It should be noted that the State may approve other sources of information not listed below for a system to use in their preliminary inventory. As states come up with their own policies, more information around these additional, acceptable sources will come to light. EPA is in the process of drafting and releasing Lead Service Line Inventory Improvements, as those are released, the Preliminary Inventory may be adjusted.

Data Variable / Dataset What to Look For
GIS Shapefiles
Customer Locations Includes street addresses or
latitude/longitude data
Service Lines Where the service lines are located, material type, pipe size
Meter Locations Where the water meters are located
Meter Type The type of water meter installed, type of
customer served detected through meter size
(residential versus commercial)
Tax Parcels Building age and building assessed value
Water Mains Where water mains are located, material
type, pipe size
Zones/Neighborhoods/Wards Map of how the city/community is organized, helps with LSLI prioritization
Work Order System
Service Line Repairs Looking for material installed, date installed to cross-reference with Ban Dates (1988-1990),
pipe size
Service Line Replacements Looking for material installed, date installed to cross-reference with Ban Dates (1988-1990),
pipe size
Meter Repairs Pipe materials on either side of meter
location, date installed, pipe size
Meter Replacements Pipe materials on either side of meter location, date installed, pipe size
Customer Billing System
Unique Customer ID Such as a unique account number or other code used to identify that specific customer
Unique Location ID Location code, street address, or
latitude/longitude
Customer Type Residential, Commercial, Industrial Customer Types
All customer type SLs have to be inventoried
but PWS might want to narrow in on
residential first
Commercial and industrial user SLs are
typically larger and pump a lot of water
through. Lead is not ideal for larger pipes,
lead is better for smaller pipes because of
malleability. Can help prioritize. If the pipe is >
2 inches, then they likely do not have lead
Meter ID
Tax Parcel Data / Records
Tax Parcel Identification Number (PIN) Provides a unique identifier to support data merge
Home Year Built Right now we cannot use home built date as a justification for classifying materials type.

As-built year can be used as a cross
comparison point.

You can cross check as-built with home built
date from the tax parcel data BUT it does not
count/ is not accepted as proof from the EPA
(unknown really if they will accept it/not clear
right now) that an LSL doesn’t exist.

One example for where As Builts will be
helpful is for neighborhoods
established/constructed dates. With the City
of California City, CA if we can prove if a
neighborhood was built after the state’s lead
ban date, then EPA is fine with that as proof.

Lot Size Smaller lot is more likely to be associated
with higher levels of lead, correlation with
assessed value
Property Type Fallback if we do not get this data on
Residential, Commercial, and Industrial from
the client
Latitude/longitude Location identifier (If client cannot provide this data)
Street Address Location identifier (If client cannot provide this data)
Home Assessed Value Correlation between home value and
probability of lead in SL and internal plumbing
(the lower the home value, the higher the SL
probability)
Useful for environmental justice
considerations
Tier Sites Data
Street addresses Can use street addresses to connect tier site sample results to specific addresses in our
baseline file
Subdivisions or neighborhoods Can use this as supplemental information to help us understand whether or specific
subdivision or neighborhood has a lot of lead
exceedances
Lead concentrations from sample results (ppb
or ug/L)
Use this information to help us understand
the probability of a lead service line
LCR event months and year Use this longitudinal data to understand how lead concentrations have evolved over time
and helps us understand the probability of a
lead service line
Clean & Combine
Cleaning and combining the data means to modify, reorganize, and adjust the data in a way that prepares it for more in-depth analysis. Cleaning and combining data happen simultaneously and the process used is contingent on the type of data sources provided and how the data is organized.
120Water Program Consultants will review and analyze all records to determine which locations in City of California City, CA service area are known to be Lead, Non-Lead, GRR or Unknown which permits identifying areas where LSL’s are most likely to exist.

Verify
At this point in the process, a compliant Service Line Inventory has been reached. The goal of this stage is to understand the inventory findings and evaluate what the future holds. Through the Verification Workshop, 120Water will provide a detailed summary with the recommendations of how to verify lead status unknown given the various methods approved by the EPA but also the State Agency. Within this report, 120Water will provide a cost analysis for the verification efforts.

Deliverables:
- 120Water Platform
- Preliminary Service Line Inventory
- Locations Based
- Inventory Classification Report
- Public Transparency Dashboard
- Verification of Lead Status Unknown Report
- Draft Budget for Verification
- Recommendation of Verification Methods
Project Milestones/Schedule:

Milestone 1 - Client Kick-off Meeting and Platform Delivery Host: 120Water Client Success Team
Description: The Client and 120Water have hosted and completed the Project Kick-off meeting.

In this meeting, the 120Water Platform is shown to the Client with invitations being received by the Client from Client Success. The goal of this meeting is to begin the Client Onboarding Process and establish the External Knowledge Transfer from the Client to 120Water’s Client Success and Program Consulting Teams.

Result: Project Kick-off Meeting Complete - Timelines and Expectations Established - Platform Invitation and Delivery
Deliverable: 120Water Platform
Milestone 2 - Data Investigation Call Complete
Host: 120Water Program Consultant
Description: The most important component of 120Water developing a Preliminary Inventory begins with the external knowledge transfer with an investigation of all of the various data sources that exist within the utility. It is critically important that the 120Water Program Consultant identify and familiarize themselves with these data sources so we can begin developing the Methodology Document as well as internalize the application of organizing, cleaning and merging these various data sources.

Result: Data Investigation Call is complete and a path forward for transfering identified data sources to the 120Water Program Consultant.

Milestone 3 - Inventory Evolution through Tax Parcel Data Host: 120Water Program Consultant
Description: Tax Parcel Data plays a pivotal role in creating a Lead Service Line. Within this data set includes Home Age, which is an initial source for identifying lead status unknown per various state regulations.

Result: First evolution of Inventory Status from unknowns to classified know or likely known materials
Milestone 4 - Platform Training - Verification Workshop + Workflow Host: 120Water Client Success
Description: Now that locations and services are loaded into the 120Water Platform, the client needs to be trained on how to access the platform and how to document any verification efforts that take place during the preliminary inventory development phase. This is critical for ensuring all information and data are most up to date.

Result: Client is enabled on how to track information through the platform and directly through the logbook (offline).

Deliverable: Excel Logbook for Field Services if Platform Access is unavailable Milestone 5 - Incorporation of Batch 1 of Client Data
Host: 120Water Program Consultant
Description: Applying Batch 1 of Client Data to the Preliminary Inventory inclusive of Tax Parcel Data. Customer Billing is mandatory to be included in Batch 1 of Client Data.

Result: Tax Parcels overlaid with Customer Billing Locations equate to a robust starting point for establishing a Lead Service Line Inventory.

Milestone 6 - Baseline Compliant Inventory
Host: 120Water Program Consultant + Client
Description: All Customer Billing Locations have been identified and service lines tied to each location. Service Line materials may be documented as non-lead or likely non-lead (based on home age) and unknown. Unknown service line materials are allowed for the initial preliminary inventory submission.

Result: A preliminary inventory has been established and a plan for further verifying various records continues.

Milestone 7 - Incorporation of Batch 2 of Client Data
Host: 120Water Program Consultant
Description: All remaining data sources have been identified and evaluated for the effectiveness of signifying service line material. All records have been cleaned, joined and imported into the 120Water Platform.

Result: Preliminary Inventory has been completed with the evaluation of all service line records.

Milestone 8 - Preliminary Inventory Delivery & Verification Recommendation Host: 120Water Program Consultant
Description: The Preliminary Inventory has been finalized with all data imported into the 120Water Platform. Initial findings with a recommended verification plan have been documented and are ready to be presented to the client.

Result: Client has received the Preliminary Inventory and Verification plan for mitigating lead status unknown. The template released in the EPA’s August 2022 LSLI guidance will be the default format for delivery of your Preliminary Inventory. If and or when a state specific template is released your Preliminary Inventory will be formatted to meet that state specific template requirement.

Deliverable: Completed Preliminary Service Line Inventory & Verification of Lead Status Unknown Report
Milestone 9 - Public Transparency Dashboard Created
Host: 120Water Program Consultant
Description: The Public Transparency Dashboard functionality has been turned on in Backoffice and is ready to be presented to the client.

Result: Given the clients plans for the sharing the service line inventory, location, timing, etc - this functionality is ready for the client to implement.

Milestone 10 - Verification Go-Live
Host: 120Water Program Consultant + Client
Description: Verification Recommendation has been presented and the client has agreed to implement a method of verifying lead status unknown.

Result: A method of verification is being implemented by the client for verification. Inventory updates as part of execution of verification strategy provided in this contract and/or field information captured by City of California City, CA staff and entered into the 120Water database.

Postcard Survey Communications Module:

The Customer Surveys can be co-developed alongside the designated City of California City, CA team member and other staff representatives. Customer Surveys typically include a City of California City, CA Branded Envelope, Customer Survey for hard copy completion with QR Code for Digital completion and prepaid return envelope.

All customer surveys will be scheduled, fulfilled and shipped directly through the 120Water Platform. All stages of the lifespan will be tracked within the platform in real time, documenting/time stamping the date customer surveys were ordered, shipped, delivered, and completed.

The process is as follows:

Step 1: Client Kick-Off Meeting - In this meeting we will introduce your designated team and prepare you for the launch in the program.

Step 2: Data implementation Meeting - For this step, the process is identifying where customer address information for all applicable residents lives and providing the 120Water team with that information to set up the platform.

Step 3: Design and Upload the postcard survey template and then iterate on any missing information.

Step 4: Get the postcards ready for delivery.

Step 5: Implementation of the Communications Module. We will be tracking each postcard survey in the platform from delivery to shipped to return
Step 6: Identify any “return to sender” or undeliverable addresses and review the data Step 7: Track results as they are being inputted by residents 1 OMLO: October 2018
Draft 07/16/2024 with Consultant’s Changes

CITY OF CALIFORNIA CITY

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Professional Services Agreement (“Agreement”) is made and entered into this _____ day of ________, 20___, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, CA 93505 ("City") and 120 Water, Inc. a Delaware corporation, with its principal place of business at 250 S Elm Street, Zionsville, Indiana 46077 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional software as a service consulting services required by the City on the terms and conditions set forth in this Agreement and pursuant to Exhibit “A,” attached hereto (the “Services”). Consultant represents that it is experienced in providing Services to public clients, is registered to conduct business as a foreign corporation in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render Services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Time of Performance.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide the Services necessary for the Project. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Responsibilities of Consultant.

3.2.2 Schedule of Services. Consultant shall perform the Services within the term of this Agreement, and in accordance with the schedule set forth by the State’s Water Board deadlines as they are issues over the next three years. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this 3 OMLO: October 2018
Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Standard of Care; Performance of Employees; Consultant Warranty.

Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally accepted in the industry. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services (all of the foregoing collectively referred to as the “Service Warranty”). Consultant warrants that all employees shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. City must report to Consultant in writing any failure of the Services to materially conform to the Service Warranty within ninety (90) days of performance of such Services in order to receive warranty remedies. Warranties for third-party products are governed under the applicable third-party warranty terms, and City expressly acknowledges that Consultant has no obligations with regard to third-party products. EXCEPT FOR THE WARRANTIES

EXPRESSLY STATED HEREIN, CONSULTANT PROVIDES ALL SERVICES AS-IS, AND

CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

3.2.10 Insurance.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(D) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This
insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. 6 OMLO: October 2018

3.2.10.10 Enforcement of Agreement Provisions (non estoppel).

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times 8 OMLO: October 2018
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom so long as any such risks or liabilities are not the direct or indirect result of gross negligence or willful misconduct by the City.

3.2.12.3 Standard of Care. Consultant warrants that all employees shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all third-party claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
9 OMLO: October 2018
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

City shall, within 30 days of receiving such invoice, review the invoice and pay all charges thereon.

If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within fifteen (15) days of receipt of an invoice of any disputed fees set forth therein. Any fees hereunder not paid when due will be subject to a late charge of one and one-half percent (1½%) per month on the unpaid balance or the maximum rate allowed by law, whichever is less. If City’s account is fifteen (15) days or more overdue, Consultant may, in addition to any of its other rights or remedies, suspend City’s access to the Services until such amounts are paid in full. If City brings its account current within fifteen (15) days after suspension commences, Consultant will restart access to the Services. If such failure to pay has not been cured within thirty (30) days of the payment due date, then upon written notice Consultant may terminate this Agreement without penalty.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
10 OMLO: October 2018

3.4 California Labor Code Provisions.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records directly related to this Agreement and performance of the Services, and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.
11 OMLO: October 2018

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

Consultant: 120 Water, Inc.
250 S Elm Street
Zionsville, IN 46077
ATTN: [INSERT NAME AND TITLE]
City: City of California City
21000 Hacienda Blvd.

California City, California 93505
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Intellectual Property.

3.6.2.1 Definitions.
(A) “120Water Platform” means Consultant’s proprietary online hosted software platform, website, operating systems, hardware, and other technical resources used by Consultant to provide the Services.
(B) “City Data” means all electronic data (including, but not limited to, Personal Information, such as names, addresses, and contact information of City residents), uploaded by City or Consultant to the 120Water Platform. 12 OMLO: October 2018
(C) “Deliverables” means (1) the deliverables (e.g., custom reports) specified in Exhibit “A” (attached hereto or as entered into and signed by both parties during this Agreement) that are expressly created by Consultant for City and (2) all reports provided or made accessible to City pursuant to Exhibit “A.” (D) “Derivative Data” means collectively, (1) information derived or generated from or based on City Data, but not containing City Data, (2) City Data which has been de-identified or anonymized so that it no longer identifies a specific individual; and, (3) City Data which has been aggregated with other data but which no longer identifies a specific individual or City.
(E) “Documentation” means the user guides and specifications for the Services that are made available from time to time by Consultant in electronic or tangible form, but excluding any sales or marketing materials.
(F) “Usage Data” means statistical data related to City’s access to and use of the Services and data derived from it that is used by Consultant, including to compile statistical and performance information related to the provision of the Services and operation of the 120Water Platform.

3.6.2.2 Ownership and Use. Subject to the limited rights expressly granted hereunder, Consultant reserves all rights, title and interest in and to the 120Water Platform, including, but not limited to, all software, technology and other materials associated therewith, all Documentation and content (excluding City Data), and all copies, modifications, upgrades, enhancements and derivative works thereof, and all of Contractor’s trademarks, names, logos, and all rights to patent, copyright, trade secret and other proprietary or intellectual property rights therein. No rights are granted to City hereunder other than as expressly set forth herein. As between Consultant and City, City owns all City Data and Deliverables. Consultant may use the City Data, trademarks and trade names of City in connection with provision of the Services to City.

3.6.2.3 Feedback. If City provides or otherwise makes available to Consultant any feedback, suggestions, recommendations, data, or other input regarding the 120Water Platform, Services, or Documentation, or resulting from City’s use thereof (collectively, “Feedback”), City agrees to and does hereby assign to Consultant all right, title, and interest in and to all Feedback. Consultant shall not publicly identify City in any use of the Feedback. City has no responsibility or liability for any Feedback or for Consultant’s use thereof. Consultant agrees to indemnify, defend, and hold harmless City for any use by Consultant of any Feedback.

3.6.2.4 Derivative and Usage Data. Consultant shall irrevocably own all Derivative Data and Usage Data and may use or disclose it in any way it chooses. This Section shall survive any expiration or termination of this Agreement. 13 OMLO: October 2018

3.6.2.5 Use of City Data after Expiration or Termination. Upon City’s request within thirty (30) days after the expiration or termination of this Agreement, Consultant will provide City with a copy of City Data held by Consultant. Upon expiration of such thirty (30) day period, Consultant shall convert City’s account to an inactive status. Consultant is obligated to delete all City Data after City’s account converts to inactive status. The confidentiality obligations as are set forth in this Section shall remain in force and effect at all times during this Agreement, and (A) with respect to confidential information that constitutes a trade secret under applicable law, for so long as such trade secret status has not been lost; and (B) with respect to confidential information that does not constitute a trade secret, for five (5) years after termination or expiration of this Agreement, and (C) with respect to Personal Information held by Consultant, forever.

3.6.2.6 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, and other written information shared by one party with the other party in connection with the performance of this Agreement shall be held confidential by the receiving party. Such materials shall not, without the prior written consent of the disclosing party, be used by the receiving party for any purposes other than the performance of the Services, except as otherwise specified in this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to the receiving party which is otherwise known to the receiving party or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.7 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information"), and in the event the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, then City will provide Consultant with a timely opportunity to object to disclosure of such documents and information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.5 Indemnification.
14 OMLO: October 2018

3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all third-party claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all third-party claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

3.6.6 Limitation of Liability. EXCEPT FOR INTELLECTUAL PROPERTY

INFRINGEMENT, BREACH OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, OR CITY’S PAYMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS

AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF

LIABILITY, EXCEED THE AMOUNTS PAID BY CITY FOR THE SERVICES FOR WHICH LIABILITY IS CLAIMED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

3.6.7 Exclusion of Consequential Damages. EXCEPT FOR INTELLECTUAL

PROPERTY INFRINGEMENT, BREACH OF CONFIDENTIALITY, OR INDEMNIFICATION

OBLIGATIONS, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS

AGREEMENT, THE PARTIES EXPRESSLY AGREE THAT IN NO EVENT SHALL EITHER

PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR

FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL

DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED, INCLUDING WITHOUT

LIMITATION DAMAGES FOR LOSS OF GOODWILL, SUBSTITUTE GOODS OR

SERVICES, WORK STOPPAGE, , LOST PROFITS OR COMPUTER FAILURE, INCURRED 15 OMLO: October 2018

BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR

UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.6.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.

3.6.10 Reserved.

3.6.11 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.12 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.13 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, and any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer; provided that Consultant may assign, convey, or transfer (whether by contract, merger, or operation of law) (collectively “assign” and its cognates) without City’s consent any or all of Consultant’s rights or obligations under this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Consultant’s assets or equity, provided that Consultant reasonably believes the assignee has the operational ability to perform Consultant’s obligations under this Agreement. Consultant will provide reasonable notice to City of any merger or acquisition. Any assignee will be bound by all of the terms and conditions of this Agreement.

3.6.14 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees and agents of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.15 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 16 OMLO: October 2018
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.17 Force Majeure. Any delay in performance (other than for the payment of amounts due; provided, such non-payment does not exceed 30 days) caused by conditions beyond the reasonable control of the performing party (“Force Majeure Event”) is not a breach of the Agreement. The time for performance will be extended for a period equal to the duration of the conditions preventing performance; provided that the party prevented from performing its obligations: (a) has promptly notified the other party upon becoming aware that any Force Majeure Event has occurred or is likely to occur, (b) uses commercially reasonable efforts to implement a workaround and to minimize any delay in or interference with the performance of its obligations under the Agreement, and (c) did not cause or contribute to the cause of the Force Majeure Event.

If the Force Majeure Event renders the Services completely unavailable for more than thirty (30) consecutive days, City may terminate the Agreement upon written notice to Consultant (in which case City will receive a refund of prepaid fees starting from the beginning of the period of unavailability due to such conditions). For the avoidance of doubt, City is not obligated to pay Consultant during the period when a Force Majeure Event renders the Services unavailable.

3.6.18 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.20 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.21 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.22 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance 17 OMLO: October 2018
in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.23 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.24 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURE PAGE TO FOLLOW]
CITY OF CALIFORNIA CITY [INSERT NAME]
By: By:

Inge Elmes
Acting City Manager
[INSERT NAME AND TITLE]
[If Corporation, TWO
SIGNATURES, President OR Vice
President AND Secretary OR
Treasurer REQUIRED]
ATTEST:

By:
[INSERT NAME AND TITLE
By:

City Clerk
APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
1 OMLO: October 2018
EXHIBIT "A"

SCOPE OF SERVICES
1 OMLO: October 2018
EXHIBIT "A-I"

SCHEDULE OF SERVICES
EXHIBIT "C"

COMPENSATION
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL
AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section

3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los AngelesRiverside-San Bernardino Counties.] EXHIBIT “D”
1 COUNCIL AGENDA ITEM
July 23, 2024
TO: Mayor and City Council
FROM: Latisha Lamberth, Acting City Manager & Justin Vincent, Interim Fire Chief SUBJECT: The replacement of the end-of-life fire department command vehicle u�lizing fire department reserve funds.

SUMMARY/ DISCUSSION:

The California City Fire Department command vehicle has reached the end of its lifespan as an emergency response vehicle. This vehicle was previously purchased by the City at a discount as a used vehicle in 2013. This 2011 Ford Expedition has a current mileage that exceeds 288,000 miles and has a Kelly Blue Book Value of $343.00** - 1,526.00 dollars.
** Per industry standard, the estimated value for used emergency services vehicles is set to the lowest trade-in value, as they are typically sold at auction as public surplus and Kelly Blue Book values are unable to take into account the internal and external body damage that is associated with the removal of the emergency lighting equipment, center command console, radios, and laptops that must be removed to legally transfer the vehicle to public auction. This vastly lowers the quality of the vehicle leaving gaps, holes, and body damage that affects the vehicle’s value at auction.

This vehicle is in such disrepair that it is no longer able to be utilized as a response vehicle. The front windshield is cracked and the cost to replace the windshield exceeds the value of the vehicle. The electrical systems of the vehicle are failing, with the emergency lights and sirens cutting in and out when it is responding to emergencies. The air conditioning is no longer able to function adequately causing the cab of the vehicle to become unsafe and beyond OSHA safety limits for temperature exposure. Lastly, the mechanical condition of the vehicle has created an unsafe and unreliable situation for the fire department. The check engine light is permanently on and the vehicle vigorously shakes upon take off. Additionally, the vehicle will at times lose power when operated.

With this vehicle having served well beyond its’ expected lifespan, it is time that it is replaced with a safe and reliable vehicle that can meet the needs of both the department and the community. If a fire department emergency response vehicle fails, it can have devastating effects on the ability of the fire department to successfully save lives and property. Furthermore, having an emergency response 2 vehicle that has its emergency lights and sirens randomly cut out when in operation, puts the general public at risk when operating on roadways.

This vehicle is set to be replaced with a Chevrolet Tahoe SSV (Special Service Vehicle) model vehicle.

Unfortunately, Chevrolet Special Service Vehicle (SSV) and Police Package Vehicle (PPV) Tahoes are built to order from the factory and not generally stocked by dealerships. Orders for brand new SSV and PPV vehicles from Chevrolet are typically only taken one time a year, in a three-week period in the fall, with a six month turn around for the order to be filled. This makes the acquisition of a new SSV or PPV Tahoe and the ability to get bids extremely difficult, if not impossible, until the dealerships release the MSRP for the new releases of these vehicles in the fall.

Staff was able to locate one company that has lightly used Chevy Tahoe PPV emergency response vehicles in Texas as well as one company in Pennsylvania that has some new 2023 and 2024 Chevy Tahoe SSV’s available in stock. The advantage of the new vehicle purchase from the company in Pennsylvania is that it comes with a full Chevrolet new car warranty and no possible history of mechanical issues that one risks when purchasing a used vehicle. The company with the new vehicles available is giving a discount of over 8,000 dollars to liquidate his 2023 model year Tahoes. The turnaround time to receive the vehicle is expected to be near 90 days.

The cost for the brand new 2023 Chevrolet Tahoe SSV with the full build up of lights, sirens, radios, and other required emergency equipment is quoted at $76,719.94 (including shipping). The quoted cost for a used 2022 Chevrolet Tahoe with under 30,000 miles from the company in Texas is $76,687.00 (including shipping). Based upon these two available quotes, and the inability to get a quote from any local dealerships in California until the fall, staff recommends that the City proceed with the purchase of the new vehicle from Pennsylvania as it will come with a new vehicle warranty and zero mileage.

Current End-Of-Life Command 19 Unit with 286,000 Miles
3 Interior of Worn-Out Command 19 unit
Large Crack in the Front Driver’s Side of Windshield. (450.00 dollars to replace the windshield, which costs more than the value of the car)
4 2023 Chevrolet Tahoe SSV model
FISCAL IMPACT: The fiscal impact would be limited to the fire department’s reserve funds which is set at $400,000 dollars. The City Council also can allocate funds from ARPA to cover this expense should the council decide to do so.

RECOMMENDATION: Staff recommends that Council approve of either a resolu�on to purchase the replacement command vehicle from Fire Department Reserves or a resolu�on to reallocate ARPA funds to the fire department to acquire the listed capital expenditure.

RESOLUTION NO. 24-xxxx
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
5 RESOLUTION NO. 24-3049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,

CALIFORNIA, REALLOCATING OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

FROM ITS PREVIOUS ALLOCATION TO THE CALIFORNIA CITY GOLF COURSE OVER

TO THE CALIFORNIA CITY FIRE DEPARTMENT TO ADDRESS CRITICAL VEHICLE REPLACEMENT NEEDS.

The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City was a recipient of one-time recovery revenues through the American Rescue Plan Act (ARPA) with the restricted purpose of these one-time monies being to directly impact vital public services through funding one-time expenses that California City would have otherwise had to delay and forgo due to the economic impact of the pandemic; and, WHEREAS, the council had previously allocated $800,000.00 of the ARPA funds to be utilized for a one-time capital improvement project at the California City Golf Course which is no longer possible due to rising fiscal costs; and,
WHEREAS, due to the pandemic and fiscal constraints, the fire department delayed the necessary replacement of department vehicles beyond their reasonable life expectancy; and, WHEREAS, the council has approved the reallocation of one-time ARPA funds from the California City Golf Course to the California City Fire Department for the following acquisition; - 2023 Chevrolet Tahoe SSV with emergency response upfit from Utilitac Emergency Upfitting at a cost of 76,719.94.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY

COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA FOR THE PREVIOUSLY

ALLOCATED ARPA FUNDING TO BE REALLOCATED TO THE FIRE DEPARTMENT BUDGET FOR THE ABOVE APPROVED CAPITAL EXPENDITURE.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY,

CALIFORNIA, AUTORIZING THE USE OF FIRE DEPARTMENT RESERVE FUNDS FOR

THE CALIFORNIA CITY FIRE DEPARTMENT TO ADDRESS A CRITICAL VEHICLE REPLACEMENT NEED.

The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council has previously assigned 400,000 dollars to be assigned to the fire department as restricted reserve funds; and,
WHEREAS, these restricted reserve funds may be approved for use b the City Council with a 4/5 vote of the council; and,
WHEREAS, due to the pandemic and fiscal constraints, the fire department delayed the necessary replacement of department vehicles beyond their reasonable life expectancy; and, WHEREAS, the council has determined to approve the fire department to expend restricted fire department reserve funds to immediately replace the end-of-life 2011 Ford Expedition command vehicle with a 2023 Chevrolet Tahoe SSV with emergency response upfit from Utilitac Emergency Upfitting at a cost of 76,719.94.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY

COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA THAT THE FIRE DEPARTMENT

IS AUTHORIZED TO EXPEND FIRE DEPARTMENT RESERVE FUNDS FOR THE ABOVE APPROVED CAPITAL EXPENDITURE.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 23rd day of July 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Daryl A. Betancur, MPA, MMC Victor M. Ponto,
City Clerk City Attorney
7 8
9 10
11 12
13 COUNCIL AGENDA ITEM
July 23, 2024
TO: City Council
FROM: Mayor Kulikoff
SUBJECT: Grand Jury Report Response

BACKGROUND/ DISCUSSION
Mayor Kulikoff requested this item at the July 9, 2024 City Council meeting during AB1234 for discussion at the July 23, 2024 City Council meeting.

City Council has yet to respond to the Grand Jury Report’s recommendations and findings. The City of California City received a 60 day extension to respond. However, that extension is fast approaching. Attached are my responses to the report. I ask the City Council to revise them as appropriate and to respond to the Grand Jury in a timely manner.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
City Council to discuss responses.

City Council takes no further action.

Other City Council direction.

RECOMMENDATION
City Council to discuss responses for the Grand Jury report, revise as appropriate, and approve a version through consensus.

ATTACHMENT
§933 and §933.05 Excerpts
Grand Jury Report
Response to Findings
Response to Recommendations
1 2
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___X__
§933. Findings and Recommendations (Excerpt)
No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every election county officer or agency head for which the grand jury has responsibility pursuant to section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices.

As used in this section “agency” includes a department. §933.05. Responses to Findings (Excerpt)
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. 2023-2024 Kern County Grand Jury Report 1

CITY OF CALIFORNIA CITY
A City in Trouble, A City in Ongoing Crises
Photo By: Kern Council of Governments
SUMMARY:

Will the City of California City (City) ever become more responsive to the citizens’ concerns regarding the need for more effective and efficient governance? The operation and performance of the City has been documented in four previous Kern County Grand Jury reports in the last six years. Terms such as: financial crisis, leadership crisis, budget crisis, dysfunction, and mistrust were used in these reports. The situation is much the same today.

Some findings from previous Grand Jury reports that persist today include the constant turnover of city managers, a lack of stabilized leadership, and significant delays in approving the annual budget. There is a need to improve strained relationships and reestablish trust among City Council, department heads, and the citizens. There is also a need to address a lack of transparency, especially with regard to City Council meeting minutes not being approved and published on a regular basis. These issues have been raised in citizen complaints and by various media outlets. The crises noted above may be even worse than previously reported given the City’s current negative financial outlook.

Issues contributing to the City’s negative financial outlook include the loss of revenues due to the expiration of the Measure C Public Safety Special Tax, the closing of the California City 2023-2024 Kern County Grand Jury Report 2
Correctional Facility1, failure to collect outstanding cannabis industry fees and taxes2, and issues related to potential and ongoing litigation against the City, which have caused significant legal fees. These complex and pervasive issues will need to be addressed as soon as possible to mitigate the financial burden on City operations and on the citizens.

PURPOSE OF INQUIRY:

The 2023-2024 Kern County Grand Jury (Grand Jury) was tasked with investigating complaints from citizens of the City. Pursuant to California Penal Code §925(a), the Grand Jury investigated issues regarding the general operations and performance of the City.

METHODOLOGY:

The Grand Jury visited the City to attend a City Council meeting and conduct interviews.

Interviews were also conducted by telephone and in the Grand Jury Hearing Room in Bakersfield. Those interviewed were citizens, City Councilmembers, department heads, and city staff. The Grand Jury reviewed previous City Council meetings, agendas, and minutes of meetings (when available). Also reviewed were City financial statements, previously published Grand Jury Reports, the City Municipal Codes, California Government Codes, and various newspaper articles concerning the City.

DISCUSSION OF FACTS:

The City is located in the northern Antelope Valley in southeast Kern County. Incorporated in 1965, its population has grown to 14,973 according to the 2020 US Census. Covering 203.63 square miles, it is the third-largest land area of any city in the State of California. The City has a park, a Professional Golfers’ Association (PGA) golf course, and a municipal airport. The City also allows for the cultivating, manufacturing, and transporting of cannabis products in accordance with its municipal codes.

A. In the past two years, there have been seven City Managers, including acting and interim; four of them since February 2023.

B. The City’s Annual Budgets have not been approved on time for at least the last three years.
• The City’s Annual Budget for Fiscal Year (FY) 2021-2022 was not adopted until December 22, 2021 (6 months after the start of the year) • The FY 2022-2023 Budget was not adopted until March 14, 2023 (more than 8 months after the start of the year)
• Finally, as of the end of December 2023 (6 months after the start of the current year), the FY 2023-2024 Budget had not been adopted
1 CDCR News Release 12/06/2022 Planned Closure of Chuckawalla Valley State Prison 2 Item P 1 in the August 22, 2023 City Council Meeting Agenda, Core Compliance Quarterly Report, April 1, 2023 through July 31, 2023
2023-2024 Kern County Grand Jury Report 3
C. The City’s total costs for legal services and litigation have increased over the last two fiscal years and continue to escalate. In Figure 1 below, the budget data is from the City’s approved budgets and the actual data is taken from the City’s monthly check registers.

The City is now operating on a month-to-month basis, using its adopted FY 2022-2023 budget as the “Preliminary Budget” for FY 2023-2024. The budget and actual amounts are shown only for the first six months of this fiscal year.

Figure 1
Graph by: Grand Jury
D. Figure 2 below shows the actual costs for the City Attorney.

Figure 2
Graph by: Grand Jury
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
FY 21-22 FY 22-23 FY 23-24 (6 months)
Total Cost for All Legal Services and Litigation
Budget vs Actual
Budget Actual
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
FY 21-22 FY 22-23 FY 23-24 (6 months)
Cost for City Attorney
Actual
2023-2024 Kern County Grand Jury Report 4
E. Figure 3 below shows the actual costs for law firms other than the City Attorney.

Figure 3
Graph by: Grand Jury
F. The City’s memberships in the California Intergovernmental Risk Authority (CIRA) and the Employment Risk Management Authority (ERMA), which are statewide risk sharing Joint Powers Authorities providing general and employment liability coverage, have been terminated by those authorities.

G. The City has not been keeping up with monitoring compliance with, and enforcement of, its municipal codes regarding licensing, permitting, and taxing of the cannabis industry3.

H. The California Department of Corrections and Rehabilitation (CDCR) announced in a news release on December 6, 2022, that it will terminate its lease with the owner of the facility operated as the California State Prison at California City by March 2024, effectively ending the use of that facility as a state prison.

I. The City had contracted with an engineering company in May of 2020 to update the Water and Wastewater Master Plan, as well as to update its Water and Sewer rate schedules (Plan Updates). The Plan Updates were dated March 2023, but were not presented to City Council for approval until their meeting on September 26, 2023. The Plan Updates did not include the potential impact of the closing of the prison.

J. At a Town Hall Meeting on October 26, 2023, the 2023 Water, Recycled Water, and Sewer Rate Study Final Report (Final Report) was presented to the City Council and public. The Final Report, dated September 26, 2023, reflected the potential impacts of the prison closure, including a revenue shortfall of approximately $1.1 million for the water and sewer enterprise funds.
3 January 10, 2023 City Council Meeting Agenda, Staff Report $-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
FY 21-22 FY 22-23 FY 23-24 (6 months)
Cost for Other Than City Attorney
Actual
2023-2024 Kern County Grand Jury Report 5
K. California City Measure C, the Public Safety Only Special Tax passed in 2018, will expire on June 30, 2024. The projected revenue shortfall for police and fire is approximately $6.14 million for FY 2024-2025.

L. The City’s website indicates that the City has not posted the minutes of its public meetings since April 2022.

M. At the December 12, 2023 City Council Meeting, Council Resolution No. 12-23-3012 was approved establishing a new Deputy City Manager classification. The responsibilities of this person would be to: … conduct a meticulous operational review, identify areas for improvement, and implement necessary changes. Additionally, the Deputy City Manager will oversee special projects, allowing the City Manager to focus on key initiatives and ensure their successful execution.

FINDINGS:

F1. The constant turnover of City Managers has been very disruptive to the effective and efficient governance of the City.

F2. In accordance with Council Resolution No. 12-23-3012, the City has recognized the need to add a Deputy City Manager classification to its staffing plan. If the City fills the position, it will go a long way toward alleviating the excess burden on the City Manager and allow the City Manager to better focus on key issues related to more efficient governance.

F3. The City has recognized the need to hire a Finance Director but has yet to fill the position. The lack of a qualified and experienced Finance Director means that the City has not established and maintained financial stability and long-term planning city-wide.

F4. The City is consistently late in developing and approving its annual budget and filing it with the Kern County Auditor-Controller-County Clerk in accordance with CA Government Code §53901. For this reason, the City does not have a clear picture of its finances and is unable to effectively plan for both current operations and for the drastic revenue shortfalls it is facing.

F5. The City does not regularly develop and review budget variance reports. Since the City does not measure its actual performance against its projected performance, it prevents the City from developing appropriate strategies to mitigate variances.

F6. The City has consistently escalated its budget amounts for Legal Services and Litigation, and its expenditure for these has consistently far exceeded the budgeted amounts. This causes a significant fiscal concern regarding City operations and is also a source of frustration for the citizens since the reasons for these apparently excessive costs are not always transparent.

F7. Billings from the City Attorney are based on hourly rates. Unfiltered access to the City Attorney by city staff and citizens contributes to excess City Attorney fees for legal services.
2023-2024 Kern County Grand Jury Report 6
F8. The reasons for termination of the City’s CIRA and ERMA memberships are of significant concern with respect to the City’s ability to manage its liability risks. The Grand Jury asked for, but did not receive, the actual letters of termination. However, both CIRA and ERMA advised the City that they were considering termination unless the City entered into respective Performance Improvement Plans. In accordance with a staff report from the City Manager in June of 2022:
• CIRA was considering termination due to … significant concerns regarding the City's governance and risk management practices, public works, contractual risk transfer, accident investigation, law enforcement use of [a private consulting firm] and hiring practices for department heads.
• ERMA was considering termination due to … significant concerns regarding the City's governance, risk management practices, claims history, and employment practices.

The termination of the CIRA and ERMA memberships leaves the City unable to take advantage of the cost savings inherent in a statewide pooled risk management solution.

F9. The City now carries property insurance, worker's compensation insurance, and insurance for its Police Department. The City has been unable to acquire a general liability insurance policy, causing significant concern as to whether the City is able to adequately mitigate its potential risks.

F10. Public meetings are not fully integrated with the software platform developed by a technology and services company for that purpose. The video cameras and microphones for video streaming and voice recordings of most meetings have not been indexed in the technology platform with the meeting agendas and minutes. This means that the City’s public meetings have not been fully accessible or transparent to the citizens.

F11. The City Council does not approve meeting minutes on a regular basis and the minutes are either not published in a timely manner or made available to the public on the City’s website. This means that the City’s public meetings are not fully accessible and transparent to the public.

F12. Since meeting minutes from previous City Council meetings are not regularly placed on the agenda for approval by the City Council, it is not clear how the City Council reconciles the resolutions posted in the agendas against the actual resolutions voted on in open session.

F13. The City’s inability to keep up with monitoring compliance and enforcement of the cannabis industry is largely due to lack of City staff. For this reason, on January 10, 2023, the City contracted with an outside consultant to provide … a thorough analysis of the existing cannabis ordinances and to make recommendations based on gaps of compliance that can help improve the overall success of enforcement.

The consultant released an update report in August 2023 indicating that, among other findings, there was a total of approximately $507,000 in unpaid license and permit fees and uncollected excise taxes. This outstanding revenue remains uncollected, and this has a significant negative impact on the financial outlook of the City. 2023-2024 Kern County Grand Jury Report 7
F14. The City does not have a clear path forward to address the budget shortfalls due to the expiration of the Measure C Public Safety Tax and the closing of the California State Prison.

Photo from: California City Correctional Wikimedia Commons COMMENTS:

The City of California City provided its responses to the Recommendations of the 2021-2022 Grand Jury Report in accordance with Penal Code §933.05(b). However, it did not provide its responses to the Findings of that report in accordance with Penal Code §933.05(a). The Grand Jury looks forward to the City’s responses to both the Findings and the Recommendations of this 2023-2024 Grand Jury Report.

The Grand Jury would like to thank all interviewees, including City officials, staff, and citizens for their assistance with our investigation and for their time and cooperation.

RECOMMENDATIONS:

The Kern County Grand Jury recommends that the City Council of the City of California City:

R1. By June 1, 2024, hire a full-time, permanent, qualified, and experienced City Manager. (Finding 1)
R2. By July 1, 2024, direct the City Manager to hire a Deputy City Manager in accordance with Council Resolution No. 12-23-3012. (Finding 2)
R3. By July 1, 2024, direct the City Manager to hire a full-time, permanent, qualified, and experienced Finance Director. (Finding 3)
R4. By July 1, 2024, direct the Finance Department, in collaboration with all City departments, to initiate a process to develop the Preliminary Annual Budget for the next fiscal year to be presented to the City Council for review by June 1, 2025. (Finding 4) 2023-2024 Kern County Grand Jury Report 8
R5. By August 1, 2024, direct the Finance Director to begin a process whereby all City departments help to develop, manage, and maintain their respective department budgets throughout the fiscal year. The Finance Director should oversee and coordinate this process. (Finding 4)
R6. By July 1, 2024, direct the Finance Department to ensure that the Adopted Annual Budget include a narrative of an overview of significant changes to the previous budget, the major elements and issues of the current budget, and a fiscal outlook for the future. (Finding 4)
R7. By September 1, 2024, direct the Finance Director to ensure that a copy of the Adopted Annual Budget has been filed with the Kern County Auditor-Controller-County Clerk in accordance with the requirements of CA Government Code §53901 regarding the filing of financial reports. (Finding 4)
R8. By October 1, 2024, cause quarterly variance reports to be generated and develop an action plan to make appropriate changes to either the budget or expenditures to reconcile or mitigate differences. (Finding 5)
R9. By July 1, 2024, develop and implement a plan to reduce or eliminate excessive costs for legal services and litigation. (Finding 6)
R10. By July 1, 2024, review the City’s expenditure rates for legal services and litigation, and direct the Finance Department to include more accurate amounts in its annual budget proposal. (Finding 6)
R11. By July 1, 2024, review all detailed costs for legal services and litigation on a monthly basis to verify that all billings are necessary and appropriate. (Finding 7) R12. By August 1, 2024, direct the City Manager to begin a process to review and approve all interactions between City staff and the City Attorney and eliminate unnecessary interactions. (Finding 7)
R13. By September 1, 2024, review, revise, and develop as appropriate, its governing policies, procedures, trainings, contracts, and practices to manage liability risks to avoid or mitigate potential litigation. (Finding 8)
R14. By September 1, 2024, review and revise as appropriate, its hiring and employment policies, procedures, and practices to avoid potential litigation. (Finding 8) R15. By September 1, 2024, review its insurance policies and assess its potential risks. If deemed to be inadequate, seek additional coverage. (Finding 9) R16. By August 1, 2024, fully integrate all meetings with the City’s media management software and ensure that the appropriate staff are trained to manage the process on an ongoing basis. (Finding 10)
R17. By June 1, 2024, establish a process whereby every agenda for City Council meetings includes an item for the approval of the minutes of the previous meeting. (Findings 11 and 12)
2023-2024 Kern County Grand Jury Report 9
R18. By June 1, 2024, establish a process to regularly and timely upload the approved minutes of its meetings to its website for public access. (Findings 11 and 12) R19. By July 1, 2024, develop an action plan, including qualified personnel, to recover the approximately $507,000 in outstanding revenue from the cannabis industry. (Finding13)
R20. By July 1, 2024, establish a managed, coordinated, and consistent approach to cannabis industry code compliance and enforcement. (Finding 13)
Photo from: 23ABC News Video
2023-2024 Kern County Grand Jury Report 10
NOTES:
• The City of California City should post a copy of this report where it will be available for public review.
• Persons wishing to receive an email notification of newly released reports may sign up at:
https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at:
https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINES:
• REQUIRED WITHIN 90 DAYS FROM:
o City of California City, City Council to Findings 1 to 14 and Recommendations 1 to 20
RESPONSES ARE REQUIRED PURSUANT TO CAL. PENAL CODE §§933(c) AND 933.05 TO:
• PRESIDING JUDGE

SUPERIOR COURT OF CALIFORNIA

COUNTY OF KERN
1415 TRUXTUN AVENUE, SUITE 212
BAKERSFIELD, CA 93301
• FOREPERSON

KERN COUNTY GRAND JURY
1415 TRUXTUN AVENUE, SUITE 600
BAKERSFIELD, CA 93301
Reports issued by the Grand Jury do not identify individuals interviewed. Cal. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

Response to Findings:
• F1. The constant turnover of City Managers has been very disruptive to the effective and efficient governance of the City.

Response: Constant City Manager turnover can severely impact California City's effective and efficient governance, leading to: loss of institutional knowledge, disruptions in city services, low staff morale and high turnover, changed policy direction, financial burdens, lack of relationship-building, disrupted strategic planning, and decreased accountability.

This turnover can result in a brain drain, delayed or derailed initiatives, and a lack of progress towards city goals, ultimately hindering the city's ability to provide optimal services to its citizens.

California City has a difficult time recruiting and retaining city managers due to a combination of factors, including: its remote location, limited job market, and relatively low pay scale compared to larger cities; the city's tumultuous political climate and frequent turnover of city council members, which can create instability and uncertainty for potential and current city managers; the demanding nature of the job, requiring a high level of expertise and ability to manage complex issues, such as water scarcity and economic development; and the lack of a clear succession plan and professional development opportunities, making it difficult to attract and retain top talent. These challenges make it hard for California City to attract and retain experienced and qualified city managers, leading to a revolving door of leadership and hindering the city's ability to effectively govern and serve its citizens.
• F2. In accordance with Council Resolution No. 12-23-3012, the City has recognized the need to add a Deputy City Manager classification to its staffing plan. If the City fills the position, it will go a long way toward alleviating the excess burden on the City Manager and allow the City Manager to better focus on key issues related to more efficient governance.

Response: A deputy city manager is essential for a city manager's success, as they share the workload, provide specialized expertise, support strategic planning, develop future leaders, ensure continuity and succession planning, enhance accountability, and provide additional bandwidth for high-level priorities. With a deputy city manager, the city manager can focus on strategic priorities, knowing that day-to-day operations and specialized tasks are being handled by a capable and experienced professional, allowing for a more effective and successful tenure. Additionally, a deputy city manager represents the city manager and city government at various events, meetings, and functions, building relationships and promoting the city's interests. • F3. The City has recognized the need to hire a Finance Director but has yet to fill the position. The lack of a qualified and experienced Finance Director means that the City has not established and maintained financial stability and long-term planning city-wide.

Response: A finance director is essential for a city like California City to manage its financial resources effectively, ensuring accurate financial reporting, budgeting, and forecasting, as well as overseeing the city's financial operations, risk management, and compliance with laws and regulations. A finance director provides critical expertise to inform City Council decisions and ensures the city's financial sustainability.

However, hiring a qualified finance director has been challenging in California City due to a combination of factors, including a limited pool of qualified candidates in the region, competition from larger cities and private sector organizations offering higher salaries and benefits, and a history of political instability and turnover in the city's leadership, making it hard to attract and retain top-level talent. These challenges have resulted in a prolonged vacancy in the finance director position, leaving the city without the critical expertise and leadership needed to manage its finances effectively. • F4. The City is consistently late in developing and approving its annual budget and filing it with the Kern County Auditor-Controller-County Clerk in accordance with CA Government Code §53901. For this reason, the City does not have a clear picture of its finances and is unable to effectively plan for both current operations and for the drastic revenue shortfalls it is facing.

Response: Approving a budget on time, even if it's not perfect, is crucial because it provides a financial roadmap for the city, allowing for effective planning and allocation of resources, ensuring essential services continue uninterrupted, and maintaining the city's financial stability and creditworthiness. Delaying budget approval can lead to uncertainty, inefficiencies, and potential financial emergencies. Moreover, adjusting the budget as changes occur allows for flexibility and adaptability, enabling the city to respond to unforeseen circumstances, address emerging needs, and take advantage of new opportunities, ensuring the budget remains a dynamic and effective tool for managing the city's finances. By approving a budget on time and making adjustments as needed, the city can strike a balance between financial stability and responsiveness to changing circumstances. • F5. The City does not regularly develop and review budget variance reports. Since the City does not measure its actual performance against its projected performance, it prevents the City from developing appropriate strategies to mitigate variances.

Response: Measuring actual performance against projected performance in budget variance reports is crucial for California City to assess its financial performance, identify areas for improvement, and make informed decisions about future budgeting. By comparing actual vs. projected results, the city can pinpoint areas where costs are exceeding projections or revenues are falling short, and take corrective action to address these variances. Moreover, including budget variance reports as part of the budget process ensures transparency and accountability, enabling the city council and stakeholders to monitor progress, evaluate the effectiveness of budgeting decisions, and make data-driven decisions to optimize financial performance. Without these reports, the city may be operating in the dark, unaware of potential financial pitfalls or opportunities for improvement, and unable to course-correct to ensure the best possible use of public funds.
• F6. The City has consistently escalated its budget amounts for Legal Services and Litigation, and its expenditure for these has consistently far exceeded the budgeted amounts. This causes a significant fiscal concern regarding City operations and is also a source of frustration for the citizens since the reasons for these apparently excessive costs are not always transparent.

Response: California City faces a pressing need to allocate heightened legal costs to address excessive litigation, including cases that are several years old, due to the city's history of poor governance and lack of proper legal oversight. These legacy cases require dedicated resources to resolve, resulting in higher-than-usual legal expenses. Additionally, the city must also contend with a surge in new litigation stemming from recent controversies, further straining legal resources. However, by prioritizing legal costs now, the city can begin to address these long-standing issues, implement necessary reforms, and ultimately reduce legal expenses in the future as these legacy cases are resolved and new litigation subsides, ensuring a more sustainable and responsible approach to governance moving forward. • F7. Billings from the City Attorney are based on hourly rates. Unfiltered access to the City Attorney by city staff and citizens contributes to excess City Attorney fees for legal services.

Response: In the past, the City Council failed to establish a policy regulating access to the City Attorney, resulting in unfiltered and excessive demands on the attorney's time.

This led to unnecessary legal costs and inefficiencies. However, the Council has since corrected this oversight by implementing a policy that ensures only necessary items are escalated to the attorney. While this has helped reduce legal costs, the city is still facing higher-than-usual expenses due to the recent turnover in city managers. The City Attorney holds legacy information crucial for new city managers to effectively manage California City, requiring them to lean heavily on the attorney during the transition period, resulting in increased legal costs. However, this investment in legal support will ultimately pay off as new city managers become more effective and efficient in their roles. • F8. The reasons for termination of the City’s CIRA and ERMA memberships are of significant concern with respect to the City’s ability to manage its liability risks. The Grand Jury asked for, but did not receive, the actual letters of termination. However, both CIRA and ERMA advised the City that they were considering termination unless the City entered into respective Performance Improvement Plans. In accordance with a staff report from the City Manager in June of 2022:
• CIRA was considering termination due to ... significant concerns regarding the City's governance and risk management practices, public works, contractual risk transfer, accident investigation, law enforcement use of [a private consulting firm] and hiring practices for department heads. • ERMA was considering termination due to ... significant concerns regarding the City's governance, risk management practices, claims history, and employment practices.

The termination of the CIRA and ERMA memberships leaves the City unable to take advantage of the cost savings inherent in a statewide pooled risk management solution.

Response: Potential issues that could lead to city insurance being canceled include: failure to pay premiums, misrepresentation or fraud on the part of the city, failure to comply with policy terms and conditions, excessive claims, or a determination that the city is a high-risk client.

However, years of mismanagement and policy missteps have created an environment where city insurance can be canceled. The city's history of poor governance, lack of transparency, and failure to address legacy issues have led to a perfect storm of risk and liability, making it difficult for insurers to justify continued coverage. The city's failure to implement adequate risk management strategies, neglect of essential infrastructure, and poor handling of past claims have all contributed to this precarious situation. As a result, insurers may view the city as a high-risk client and choose to cancel coverage, leaving the city vulnerable to financial ruin in the event of a major loss or claim.
• F9. The City now carries property insurance, worker's compensation insurance, and insurance for its Police Department. The City has been unable to acquire a general liability insurance policy, causing significant concern as to whether the City is able to adequately mitigate its potential risks.

Response: California City must have general liability insurance as blanket coverage to mitigate the numerous risks stemming from its history of mismanagement, neglect, and high-risk operations. Without comprehensive coverage, the city is exposed to devastating financial losses from potential lawsuits, accidents, and property damage. To better address this issue, the city can take steps such as: conducting a thorough risk assessment to identify potential exposures, implementing robust risk management strategies to minimize losses, increasing transparency and accountability in governance, investing in infrastructure and safety measures, and negotiating with insurers to secure more favorable coverage terms. By prioritizing general liability insurance and proactively addressing risk, California City can protect its assets, ensure financial stability, and safeguard the well-being of its citizens. • F10. Public meetings are not fully integrated with the software platform developed by a technology and services company for that purpose. The video cameras and microphones for video streaming and voice recordings of most meetings have not been indexed in the technology platform with the meeting agendas and minutes. This means that the City’s public meetings have not been fully accessible or transparent to the citizens.

Response: California City is taking steps to address indexing meeting minutes and the agenda into the newly upgraded Granicus video system, which is integrated into the Zoom meeting function at City Council meetings. Specifically, the city is working to digitize and organize meeting minutes and agendas from past meetings and integrating them into the Granicus system while working to automate current meetings to better streamline the process. This will enable easy searchability and accessibility of meeting content for citizens and city staff. Additionally, the city is ensuring that all future meetings will be properly indexed and uploaded into the system in a timely manner, ensuring transparency and accountability. The Granicus update, which was a very recent upgrade, will enable California City to streamline its meeting management processes and improve citizen engagement.
• F11. The City Council does not approve meeting minutes on a regular basis and the minutes are either not published in a timely manner or made available to the public on the City’s website. This means that the City’s public meetings are not fully accessible and transparent to the public.

Response: The delay in meeting minutes is a direct result of limited staffing, highlighting the need to attract qualified individuals to work in California City. With a skeleton crew in some departments, the city's administrative team is overburdened, leading to a backlog of tasks, including the timely preparation of meeting minutes. Moreover, the lack of resources and personnel makes it challenging to keep up with the demands of modern governance, including prompt documentation and transparency. Attracting qualified professionals to fill vacant positions would not only alleviate the workload but also bring in fresh perspectives, expertise, and efficiency, enabling the city to maintain accurate and timely records, improve transparency, and ultimately better serve its citizens.

By investing in human capital, California City can overcome the current bottleneck and ensure that essential functions, like meeting minutes, are executed in a prompt and effective manner. • F12. Since meeting minutes from previous City Council meetings are not regularly placed on the agenda for approval by the City Council, it is not clear how the City Council reconciles the resolutions posted in the agendas against the actual resolutions voted on in open session.

Response: California City ensures accuracy and transparency by conducting a thorough reconciliation process between resolutions posted on agendas and those voted on in open session. After each meeting, city staff carefully review and compare the adopted resolutions with the original agenda items, making any necessary corrections or updates. This process ensures that the final versions of passed resolutions accurately reflect the decisions made in open session, and any discrepancies or errors are ad- dressed. The city also maintains detailed records of all resolutions, including any revisions or amendments made during the meeting, to provide a clear and transparent audit trail. By conducting this reconciliation process, California City ensures that the public record accurately reflects the actions taken by the City Council, promoting accountability and trust in local governance.
• F13. The City’s inability to keep up with monitoring compliance and enforcement of the cannabis industry is largely due to lack of City staff. For this reason, on January 10, 2023, the City contracted with an outside consultant to provide ... a thorough analysis of the existing cannabis ordinances and to make recommendations based on gaps of compliance that can help improve the overall success of enforcement.

Response: The majority of uncollected revenue is directly related to California City's inability to attract a cannabis administrator, which is a critical component of the city's revenue generation. To address this issue in the short term, the city will redefine the job functions of the Deputy City Manager and City Manager to include cannabis administration, ensuring accountability and ownership of this critical revenue stream. The Deputy City Manager will be responsible for overseeing the day-to-day operations of the cannabis program, while the City Manager will focus on high-level strategy and stakeholder engagement. By integrating cannabis administration into the job functions of senior leadership, California City will be able to establish a compliant regulatory framework, license legal operators, and begin collecting much-needed revenue from cannabis operations, ensuring the city's financial stability.
• F14. The City does not have a clear path forward to address the budget shortfalls due to the expiration of the Measure C Public Safety Tax and the closing of the California State Prison.

Response: The failure of Measure A on the March 5th ballot has created a significant budget shortfall for California City, making cost-cutting measures a necessity. With no new revenue sources on the horizon, the city must adjust its spending habits to align with its reduced budget. One way to achieve this is by prioritizing economic development, attracting new businesses and industries to the area, and creating a streamlined development process with the city's building and planning departments. This will encourage growth and increase revenue without placing an undue burden on residents.

Additionally, California City can explore partnerships with private industry and non-profits to secure funding and resources, leveraging external expertise and resources to supplement city programs and services. By adopting a pro-business attitude, streamlining development processes, and collaborating with external partners, California City can overcome this deficit and achieve long-term sustainability.

Despite the current challenges, the dream of California City is still alive. While decades of bad decisions cannot be fixed overnight, the city is taking incremental steps towards recovery. Change is a continuous process, and progress may seem slow, but it is happening. The city is working to address past mistakes, and small victories are being achieved every day. The revitalization of California City is a marathon, not a sprint.

Every effort, no matter how small, brings the city closer to realizing its full potential.

The dream of California City remains vibrant, and with persistence, resilience, and a commitment to progress, it will eventually become a reality.

Response to Recommendations:

R1. Agree with recommendation. However, agreeing with a recommendation is easier than following through when California City’s remote locate doesn’t afford it much opportunity to attract many well-qualified applicants.

R2. Agree with recommendation. However, budget constraints and the lack of a permanent City Manager make this recommendation currently out of reach.

R3. Agree with recommendation. However, same issues as R1. Very limited candidate pool and extremely limited applicants that hold even some of the qualifications.

R4. Agree with recommendation. However, even with direction given, the follow-through might not be accomplished.

R5. Agree with recommendation. However, there is no current Finance Director and we have not been given the opportunity to see a budget or engage in any meaningful budget discussions.

R6. Agree with recommendation. However, this won’t happen in the near future.

R7. Agree with recommendation.

R8. Agree with recommendation.

R9. Agree with recommendation. In progress.

R10. Agree with recommendation.

R11. Agree with recommendation. City Council is provided access to this information.

R12. Agree with recommendation. In progress.

R13. Agree with recommendation. In progress.

R14. Agree with recommendation. In progress.

R15. Agree with recommendation. Assessment completed. Further plans in progress.

R16. Agree with recommendation. In progress.

R17. Agree with recommendation. City Clerk is catching up as fast as possible. In progress.

R18. Agree with recommendation. In progress.

R19. Agree with recommendation. In progress.

R20. Agree with recommendation. In progress.

COUNCIL AGENDA ITEM
July 23, 2024
TO: City Council
FROM: Mayor Kulikoff
SUBJECT: Vision 360 - High Level Strategic Plan

BACKGROUND/ DISCUSSION
Mayor Kulikoff requested this item at the July 9, 2024 City Council meeting during AB1234 for discussion at the July 23, 2024 City Council meeting.

The Vision 360 Committee was established in 2023 until December 31, 2023 and tasked with developing a high level strategic plan. The attached document is that plan for City Council consideration as a starting point for discussion and further development.

FISCAL IMPACT
Minimal fiscal impact for discussion.

COUNCIL OPTIONS
City Council to discuss strategic planning.

City Council takes no further action.

Other City Council direction.

RECOMMENDATION
As per City Council direction.

ATTACHMENT
High Level Strategic Plan
1 2
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___X__
Vision 360 – High Level Strategic Plan
This plan is formatted around domains of control and influence:

City Council — to create a vision for the city, set policies, create ordinances, and give direction to the City Manager and Commissions.

Planning Commission — to develop the city General Plan which lays out the physical structure of the city for systematic growth and development in accordance with the vision.

Other Government Commissions — to develop their sphere of influence in accordance with the vision.

City Manager and Staff — to develop and implement strategies to accomplish the vision for the city.

Commercial and Service Business Organizations (i.e., Chamber of Commerce) — to create and execute business development strategies in accordance with the vision, to advise the City Council and City Manager about business development issues, to advise businesses in processes of business development within the city, and to work as an intermediary between business and government. This category includes Churches, Service Clubs, and Non-Profit service organizations.

Manufacturing Business Organizations (i.e., Economic Development Corporation) — to create and execute business development strategies in accordance with the vision, to advise the City Council and City Manager about business development issues, to advise businesses in processes of business development within the city, and to work as an intermediary between business and government.

Vision Task Force — to develop a comprehensive strategic plan that involves all public and private agencies, work with all government and private sector organizations to keep the vision in the forefront and work as an intermediary between organizations. To recommend updates to the vision and strategic plans of various government and private sector agencies.

Note: California City does not live in a vacuum, all the above organizations should regularly interface other agencies in other cities and the state. The best development is regionally integrated.

City Council
Vision for The City — California City will become the hub for the high desert/East Kern County region. It will exhibit a unique character that defines high desert living. It will be notable for its combination of a low cost of living with a high quality of living.

The region will become known for innovation, and California City will be an example of an innovative city.

Policies
Regional Development
If California City is to take its place of leadership as the hub of the high desert region, then we must first have a place at the table in every endeavor in the region. California City will send representatives/ambassadors to various government and non-government agencies in the region to become informed about what is happening and to advocate for the city.

Interface with State and County Governments
California City is different, yet that difference often goes unrecognized by state government. The great majority of representation comes from the large city population centers along the coast of California. They write new laws to address issues pertaining to those cities, yet they are applied to the State as a whole. The city council must advocate for California City in response to proposed and enacted legislation, by proposing amendments that consider differences in population, population density, housing prices, climate, availability of water, natural resources, and negative impact of the community. These concerns are common among many other small towns throughout California. We should speak up either separately or as a group.

Strategic Planning
At its founding, California City was noted as the largest planned community in the United States. Since that time, California City has drifted away from a city with a plan to one that is currently only acting in survival mode, reacting to the most urgent need at the moment.

Of course, we need to continue to react to urgent needs but that is not enough. We are establishing a policy of strategic planning to be implemented throughout all levels of city government. Strategic plans shall be made in a minimum of five-year segments.

Milestones shall be set, and matrix created to measure progress. Performance evaluations shall contain measurement of accomplishments toward the strategic plan.

Commentary Note: California City has been locked into a mentality that all plans are predicated on the availability of money to complete the plan. Any suggestion of an endeavor is typically met with comments like, ‘We don’t have money for that’, ‘It is not in the budget’ or “The task is too big and it will take too long to accomplish”. This should never be the case. In business and other enterprises, the process begins with a well-developed plan. Then the plan is presented to banks and or investors for venture capital to begin the development process. Grants are given to cities and non-profits that present a viable plan and are ready to move on the plan. Several federal grants are looking for projects that are “shovel ready”. Create a plan. Then look for the money.

Then demonstrate capability to follow through and achieve success and more money will follow. Money pursues success.

Tools, Support, and Encouragement
Plans, goals, milestones, and measures are of little value if the persons tasked with accomplishing the goals are not equipped with the tools for success. The Council will work with the City Manager to build a strategic plan that incrementally builds the tools and resources necessary to work the plan.

Innovation
California City sits in the middle of one of the most innovative regions in the world.

Many, if not most of the aerospace development in the nation has been developed or tested in the region. Success is often doing something that has never been done before or in a way that has never been tried. To be truly successful, California City must be willing to do things that have never been done or tried before. We cannot lead by following. The statement “California City is different” needs to be synonymous with “California City is innovative”.

Volunteerism
Often the city has rejected making needed improvements based on the lack of funds and personnel. When individuals or groups have volunteered to do the task, they have been rejected or burdened with unnecessary regulations and requirements. To move forward and give the citizens a sense of ownership, the city must encourage rather than discourage volunteerism. Other cities are succeeding with government, non-profit, and for profit cooperative ventures. If they can do it, so can we.

Promote Economic Opportunities for Outlying Properties
Currently 90% of California City properties are of little value to the owners. They are simply speculative investments waiting for the core of California City development to expand so that they can develop. A disproportional amount of tax default properties in Kern County fall within the border of California City. The strategic plan should create opportunities for remote, vacant lots to be used and obtain some level of profitability as they wait for development to reach them.

Development Along the Highway 58 and Highway 14 Corridor Every major city in the world is built on a key transportation corridor. Secondary cities build major manufacturing and commercial developments along transportation corridors. These developments bring wealth into the city. California City has a huge design flaw in that everything was designed and built ten miles away from the two major freeways, and nothing was built along the railway. To remedy this situation, California City needs a policy and strategic plan to build major commercial and manufacturing developments along the 58 corridor and to a lesser extent along the 14.

The plan must include incremental development of infrastructure along the transportation corridors.

Business Friendly
It is not the role of government to create businesses. The role of government is to provide fertile ground in which businesses can be planted, grow and flourish. This needs to be a stated policy for the city. All ordnances need to be reviewed and revised as necessary to bring them into compliance with this policy. Special attention should be made to cottage industries. It is very difficult if not impossible to attract major businesses to California City. We need ordinances which allow businesses to become established at the cottage industry level and grow incrementally to large companies without disruption along that path. Business friendly also means that the processes involved in establishing a business in California City are clearly defined, easily understood, and move forward quickly and smoothly.

Energy Independence
California City has very few valuable natural resources. Sunshine is one of them.

Currently the State of California is encouraging solar power development in ways that are detrimental to California City. Any O/RA zoned property can be developed for solar farms. The power can be exported to distant users and the land is exempt from taxes.

To counter this, California City needs to seek to be energy independent by forming a city owned utility. In this way, the utility can produce power for local use. Excess power can be exported, and profits brought into the city. Micro-grids can assist in developing remote portions of the city. Low cost, green power is attractive to new manufacturers.

Promote Population Growth
Residents of California City would like to see major chain stores here. The key to attracting them is to demonstrate a customer base that can make them successful. To accomplish this, California City needs to reach a population milestone of at least 20,000 residents.

Provide Healthcare Locally
Providing health care for seniors will attract retirees seeking a retirement location with a low cost of living.

City Image and Beautification
California City suffers from a negative image. This is shown in the general appearance of the city, historic image of the city with real estate scams and broken promises, a negative association with cannabis, unstable and contentious government. A concerted effort needs to take place to improve the city image in every way; the visual image, image in conducting meetings, the city website, online image.

Note some of the city image and beautification efforts can be accomplished in cooperation with volunteers and public service clubs.

Ordinances
Mayoral Term
Change the term of the mayor to a four-year term. The biggest problem currently faced by California City government is the lack of stability and continuity. Currently every two years, a majority of council positions are up for election. By changing the term of mayor to four years, the council obtains some level of continuity for at least four years.

Spending Review/Approval
Reduce the amount of City Council review and approval needed to conduct city business. Eliminate spending review that is already approved through the budget. Raise the threshold for review of spending from $1,000 to $2,000 or $5,000.

Unnecessary spending reviews slow down city operations and progress. They eliminate opportunistic purchasing, where a needed item is listed for sale at and exceptionally low price but the item is no longer available by the time the purchase is approved.

Change ordinances to create opportunities for outlying properties to be usable and profitable.

Give Limited Policy Making and Decision-Making Authority to Commissions Currently the Planning Commission and the Parks and Recreation Commission are almost exclusively advisory to the City Council, with all actual decisions being made by the council in a rather long and laborious process. By giving these commissions some level of authority, progress can happen more quickly. The specific level of authority should be defined by ordinance and or by performing functions defined in the General Plan, Master Plan, and approved strategic plans. This may apply to several commissions.

Review of Ordinances to Become Business Friendly
To become business friendly and provide a high quality of living, ordinances need to find a balance to provide enough control and structure for an orderly city but enough freedom to not become burdensome for the people. All too often broad sweeping ordinances are adopted to resolve some very limited unique problem. This is called rule by exception. Rules by exception are burdensome for the majority to address the few exceptions. Also, for an ordinance to be effective, it must be enforced. Every needless ordinance creates needless expense and labor on the part of the public and needless expense and labor on the part of government enforcement. Ordinances that go unenforced go unobeyed.

Direction To the City Manager
The City Manager to develop a strategic plan for financial stability for the city. Two plans should be created. The first is an emergency stabilization plan to achieve financial stability within the next two years. The second is a long-term plan for increased stability.

The City Manager to implement a policy of strategic planning by producing a comprehensive strategic plan to be presented to the city council for review and comment. The plan should include specific goals, steps to reach the goals, milestones and measurements, and accountability methods for at least the next five years.

Commentary Note: The purpose of city government is to increase the quality of living for the current and future residents. These are somewhat subjective. The tenancy is to use objective measures like money spent or the number of people served or permits issued or some other quantifiable measurement. These are convenient secondary measures. They do not always measure the target of improved quality of living.

City Manager to develop guidelines for encouraging and working with volunteers in a cooperative manner.

City Manager to hire a document control expert on a temporary contract to review California City’s document control system. Revise or replace the system. Create an electronic document database with controlled access from the city website. Automate document filing for all aspects of the city business and public filings. A common complaint from the public is that the city has difficulty finding historic documents. The city frequently misplaces documents submitted by the public. Requests for information are often delayed. All of these are indicators that the system needs to be revised or replaced and the staff needs training and enforcement to guarantee usage of the new/revised system. The system needs to have decentralized operation rather than a two-step process that is dependent on a file clerk.

City Manager to develop and execute a plan to improve the city image, in visual improvements, website, and online image.

Commentary Note: The above directives to implement a vision, develop a strategic plan and administer it, is a daunting task. On top of the current urgent tasks, it is even more difficult. The City Manager must be allowed to set his or her own priorities and schedule. The first priority will likely be to stabilize the city finances.

The City Council must do whatever it can to provide flexibility, support, and tools necessary in working together to move California City forward.

Many of these items can be placed on the back burner, but the burner cannot be turned off. Periodic reporting will keep the effort going.

Direct the Planning Commission
Update the City General Plan
It is time to update the General Plan. This should be done in accordance with the overall vision for California City and the Strategic Development Plan. Some details are shown below.

Development Along Highway 58 and Highway 14 Corridor
Planning Commission to revise zones along the 58 and 14 highway corridors:

Commercial development directly adjacent to highways, manufacturing non-cannabis directly adjacent to the highways and the railroad, city owned electric utility solar production directly north and adjacent to commercial and manufacturing zoned areas along the 58 corridor and east of developments along the 14 corridor.

Apply M1/M2 Non-Cannabis Zoning to Areas of California City The cannabis “gold rush” drove up the prices of all M1 and M2 zoned lands, making it cost prohibitive for small, locally owned and run start-up manufacturing businesses.

M1/M2-cn zoning classification were adopted to promote non-cannabis businesses, but the zoning classifications have only been applied to a very small number of properties. Identify a currently zoned ORA to be changed to M1/M2-nc to form a large new center for non-cannabis industrial development.

Zone Solar Development
Currently solar development can take place of any land zoned O/RA. This places the city in danger of uncontrolled solar development which is detrimental to the city. At the least, the planning commission can designate areas recommended for solar development. This will encourage solar development companies to restrict their activities to designated areas. The planning commission could also restrict rights-of-way for high power transmission lines to limit solar production to export power from certain areas. Another method is to develop a zoning other than O/RA that designates land as an undetermined zoning but not O/RA. (This item requires some study to determine what the Planning Commission is allowed to do and not do).

Coordinate with the Airport Commission
Over the past several years, actions have been taken by the Planning Commission to change zoning and permit activities adjacent to the airport. These actions were taken without consulting the Airport Commission because there was none. Direct the Planning Commission to review current zoning and permitted activities surrounding the airport and to consult with the Airport Commission concerning any new zoning changes and permits being considered.

California City Airport is also part of an airport district that includes Mojave Airport Spaceport. We have not been participating in that district, being represented there or taking advantage of their knowledge base.

Direct the Parks and Recreation Commission
Update and revise the Parks and Recreation Master Plan to be consistent with the vision for California City. The plan should include neglected parks and new parks. The focus should be on programs and the facilities to execute the programs.

Develop A Strategic Plan to Achieve the Goals of The Master Plan Direct the Airport Commission
Staff the Airport Commission with qualified commissioners. Then direct them to develop a strategic plan to improve the airport and make it self-sustaining. Coordination between the Airport Commission, the Planning Commission, the airport district, and the airport management firm, should take place.

Better Utilize the Capital Advocacy Group
The city has a contract with the Capital Advocacy Group for the purpose of receiving grants and advocating with the State and Federal Government. This is a underutilized opportunity. Work with the city staff, clubs, service organizations, developers, and concerned citizens to identify areas the need attention. Allow them to communicate with the Capital Advocacy Group to seek out appropriate grants. In other words, seek grants in a more strategic manner.

California City is very often negatively impacted by new regulations coming from Sacramento and Washington DC. If Capital Advocacy Group is to lobby for us, then we must communicate about what is important to us and how to advocate for us.

Coordinate with Non-Government Organizations
Commercial and Service Business Organizations
City Council works with the Chamber of Commerce and other commercial business organizations to coordinate efforts to build and expand economic growth. To accomplish this, a representative of the city should attend meetings, and a representative of the Chamber of Commerce (and/or other organizations) should report to City Council about their strategic plan and the progress being made and recommendations for ordinance and policy changes. This includes efforts to create new housing and services to increase the population. If the city is to become more business friendly, then communication must improve.

Manufacturing Business Organizations (i.e., Economic Development Corporation).

Several years ago, the EDC and Chamber of Commerce merged. There is a need to create an organization to work with and encourage the development of industries within the city. The city council to create or encourage the creation of an organization to fill this need, separate from the Chamber of Commerce.

Non-Profit and Service Organizations
The City Council to work with the City Manager and non-government organizations (NGOs) to develop policies and procedures for working together to provide public services more effectively. In many cases NGOs can fill the gap by providing services that the government currently cannot. In these cases, it is appropriate for the government to coordinate efforts and aid NGOs through grants and other assistance.

Examples include sports programs from groups like the Little League, youth activities from groups like the Boys and Girl Scouts, landscaping provided by the Desert Rose Garden Club, food security provided by groups like R.E.A.C.H. and Safe Haven Kids League, or city clean-ups and other public services by I Love Cal City.

Vision Task Force or Strategic Plan Task Force
Because of the scope of the vision and strategic plan and the need to involve NGOs and volunteers, it is advisable to set up a task force to oversee the project. A small group of individuals whose sole task is to focus on the execution of the strategic plan. Forming an official task force gives them some level of clout in approaching other organizations and businesses regarding the plan.

California City City CouncilJuly 23, 2024

California City City Council
July 23, 2024