1 MINUTES
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY AUGUST 13, 2024
REGULAR MEETING @ 5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title II).
______________________________________________________________________________________ 3:00 PM CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 3:02 p.m.
ROLL CALL
Councilmembers: Cooper, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
Absent: Councilmember Creighton.
APPROVAL OF AGENDA
Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 Councilmember Kulikoff moved to approve agenda. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
Public comment regarding closed session items was offered by Shawn Bradley and Robbie Cordes.
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APNs 205-330-35-0, 205-330-03-8
(Specify street address or, if no street address, the parcel number, or other unique reference of the real property under negotiation.)
City Negotiators: Victor Ponto, City Attorney, Eric Phillips, Special Counsel, Leila MoshrefDanesh, Deputy City Attorney Party With Whom City Is Negotiating:
Hal Aaron Companies
CS2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
5 Potential Case
Significant exposure to potential litigation
CS3. DISCIPLINE/DISMISSAL/RELEASE (ADDED ITEM)
PURSUANT TO GOVERNMENT CODE SECTION 54957 (b) (1)
CS4. PUBLIC EMPLOYMENT (ADDED ITEM)
PURSUANT TO GOVERNMENT CODE SECTION 54957
Title of Position: City Manager
REPORT OUT OF CLOSED SESSION
The City Council reconvened from closed session at 5:05 p.m. City Attorney Victor Ponto reported that the City Council entertained four items for closed session. With respect to Item CS1, Mr. Ponto reported staff were given direction; on item CS2, Hertz claim on a Motion by Mayor Kulikoff, seconded by Councilmember Kulikoff, the Council voted 4-0 to approve; with respect to the claim by Mary Wady, the claim was denied; in terms of the claim by S. Rodarte, staff was directed to proceed; and regarding item CS4, said item was continued to the next meeting.
3 CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER : Mayor Kulikoff called the meeting to order at 5:08 p.m.
PLEDGE OF ALLEGIANCE/INVOCATION : Planning Commissioner Marcus Fair led the invocation while the pledge was led by the City Council.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff.
DEPARTMENTAL REPORTS
a. Housing
b. Planning
c. OHV
d. Cannabis
Departmental Reports were presented, received, and filed. Public comments on departmental reports were offered by Al Hudson and D.J. Twohig.
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. August 2, 2024 – J. M. Powers – Growing Trend of City Legal & Settlement Costs from Finance Dept.
Expense Data
b. August 3, 2024 – J. M. Powers – City Cash Debt Surpassed ($16) Million Exceeds General Fund $14M Cash-on-Hand.
c. August 4, 2024 – J. M. Powers – Elected Officials Ignored Long-Standing Financial Warning Signs.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
Announcements were made by Pastor Mark Goodell, Patti Orr, and Anthony Myers.
PRESENTATIONS
None
PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
Public comments from the floor were offered by Silvia Allen, Shawn Bradley, Duane Vasquez, Mark Goodell, and Al Hudson.
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
4 Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.
All items on the consent calendar are considered routine, and non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC1. Approve City Check Register dated 7/18/2024 through 8/8/2024.
CC2. Purchase of New HVAC Unit for the Public Works Trailer.
Mayor Pro Tem Smith moved to approve agenda. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
There were no public comments on the consent calendar.
CITY MANAGER REPORT
Latisha Lamberth, Acting City Manager presented the staff report and stated that the City is planning improvements to the Granicus system.
PUBLIC HEARINGS
PH1. Discussion of Ordinance No. 24-814, Amending the Municipal Code to Regulate Cannabis (Second Reading & Adoption).
a. Open Public Hearing
b. Staff Report: Karin A. Schambeck, Deputy City Attorney c. Public Comment
d. Close Public Hearing
e. Discussion
f. Recommended Action: Staff recommends that the City Council; 1) Open a public hearing and take testimonial and documentary evidence; 2) after receiving verbal and written testimony, close the public hearing; 3) Introduce and waive first reading of an Ordinance No. 24-814, Amending the California City Municipal Code to Regulate Cannabis; and 4) Take such additional, related, action that may be desirable.
5 Mayor Kulikoff opened the public hearing at 6:00 pm.
Deputy City Attorney, Schambeck presented the staff report highlighted the main points of the ordinance and answered questions from the city council and from residents on various aspects of the ordinance.
Public comments were offered by Al Hudson, and J. M. Powers.
Mayor Kulikoff closed the public hearing at 6:09 p.m.
Mayor Pro Tem Smith moved to approve as presented. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
CONTINUED BUSINESS
None
NEW BUSINESS
NB1. Presentation of FY 2022-2023 Financial Audit Report Prepared by Bryant L. Jolley, Certified Public Accountants.
Staff Report: Kenny Cooper, Finance Manager
Recommended Action: Staff Recommends that the City Council Receive and File the FY 22- 23 Audit Report from Bryant L. Jolley, CPA’s.
Kenny Cooper, Finance Manager made brief comments on the topic and introduce Mr. Bryant L. Folley, CPA, to present on the financial audit.
Public comments on the financial audit were offered by Al Hudson, and J. M. Powers.
Mayor Pro Tem Smith moved to receive and file. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
6 NB2. Special Parcel Tax Election Certification – July 30,2024.
Staff Report: Daryl A. Betancur, City Clerk
Recommended Action: Staff Recommends that the City Council Approve and Adopt Resolution No. 24-3044, A Resolution of the City Council of the City of California City, California, Reciting the Fact of the Special Municipal Election Held on Tuesday, July 30, 2024, Declaring the Results and Such Other Matters as Provided by Law.
City Clerk Betancur presented the staff report and encouraged everyone to register to vote in the upcoming November election.
Public comment was offered by Michelle Esberg.
Mayor Pro Tem Smith moved to approve as presented. Motion seconded by Councilmember Cooper.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
NB3. Approve and Adopt Resolution No. 24-3045, Resolution to Accept the Lowest Responsive and Responsible Bid and Award of a Contract to Westrock General Engineering in the Amount of $480,000.00 for the Hacienda Blvd., Rehabilitation from Manzanita Avenue to Redwood Blvd-STPL 5399-(033) Project; and Authorize the Acting City Manager to Execute the Construction Agreement; Allocate Funds for the Bid, and Allocate Up to $127,200.00 for Contingency, Construction Management and Materials Sampling and Testing.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff Recommends that the City Council Takes the Following Actions:
1. Approve and Adopt Resolution No. 24-3045, A Resolution of the City Council of the City of California City, California, Accepting the Bid as Submitted by Westrock General Engineering for the Hacienda Boulevard Rehabilitation From Manzanita Avenue to Redwood Blvd- STPL 5399-(033) Project in the Amount of $480,000.00 and Authorizing the Acting City Manager to Sign and Execute the Construction Agreement, Allocate Funds for the Bid, and Up to $127,200.00 for Contingency, Construction Management and Materials Sampling and Testing; and
2. Approve an Amount of $48,000 or ten (10%) for construction contingencies.
Joe Barragan Public Works Director presented the staff report and answered questions from Council and audience. There was a substantial discussion relative to funding this project now when the City is in dire financial strains.
Public comments were offered by John Fisher, Michelle Esberg, Al Hudson, DJ. Twohigh, Duane Vasquez and Shawn Bradley.
Mayor Kulikoff moved to approve as presented. Motion seconded by Councilmember Cooper. 7 AYES: Councilmember Cooper, & Mayor Kulikoff
NOES: Councilmember Kulikoff and Mayor Pro Tem Smith
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION FAILED: 2-2
City Council recessed at 7:21 p.m.
City Council reconvened at 7:32 p.m.
NB4. Approval of State Sales Tax for Previously Approved Purchase of the Fire Department Command Vehicle from Fire Department Reserves.
Staff Report: Latisha Lamberth, Acting City Manager & Justin Vincent, Interim Fire Chief Recommended Action: Staff Recommends that the City Council Approve and Adopt Resolution No. 24-3046, A Resolution of the City Council of the City of California City, California, Authorizing the Use of Fire Department Reserve Funds for the California Fire Department to Cover the Sales Tax for the Previously Approved Vehicle Replacement.
Interim Fire Chief, Vincent presented the staff report, articulating the need for these purchases.
Public comments were offered by Michelle Esberg, Al Hudson, and Silver Farr.
Councilmember Cooper moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
NB5. Approve the Replacement of the End-of-Life Fire Department Deputy Fire Marshall Vehicle Utilizing Approved Proposition 64 Funds.
Staff Report: Latisha Lamberth, Acting City Manager & Justin Vincent, Interim Fire Chief Recommended Action: Staff Recommends that the City Council Approve and Adopt Resolution No. 24-3047, A Resolution of the City Council of the City of California City, California, Authorizing the Use of Approved Proposition 64 Grant Funds for the California City Fire Department to Address a Critical Vehicle Replacement Need.
Interim Fire Chief, Vincent presented the staff report, articulating the need for these purchases.
Public comments were offered by Michelle Esberg, and John Fisher.
Councilmember Cooper moved to approve as presented. Motion seconded by Councilmember Kulikoff. 8 AYES: Councilmembers Cooper, Kulikoff, & Mayor Kulikoff NOES: Mayor Pro Tem Smith
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 3-1
NB6. Ordinance Change to Create the Position of Public Safety Director.
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff Recommends that the City Council: 1) Waive Full Reading and Introduce by Title Only Ordinance No. 24-816, An Ordinance of the City Council of the City of California City, Amending Sections 2-2.504, 2-3.103 and 2-3.307 and Adding Section 2-3.308 to the California City Municipal Code Related to the Position of Director of Public Safety. (First Reading and Introduction) or 2) Take no Action.
Latisha Lamberth, Acting City Manager presented the staff report, outlined the merits of the proposal, and answered questions from the City Council and audience.
Public comments were offered by Silver Farr, Jeannie O’Loughlin, Al Hudson, Michelle Esberg, and John Fisher.
Mayor Kulikoff moved to approve as presented. Motion seconded by Councilmember Kulikoff.
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES: 4-0
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
Councilmember Cooper provided an update regarding the traffic circle with Public Works Director Barragan to provide an update as to why a traffic circle in that area is not feasible.
Councilmember Kulikoff requested that the Planning Commission discuss lowering the minimum square footage of single-family homes.
Mayor Pro Tem Smith requested to agendize a closed session presentation and discussion with the SDI Committee with Robbie Cordes and John Elms; requested to make city hall a priority; requested the medians 9 be a priority, and finally requested a report in the form of an agenda item that would explain to Council what we need to do for legally borrowing from our various funds.
Mayor Kulikoff – None
ADJOURNMENT
Mayor Pro Tem Smith moved to adjourn the meeting. Motion seconded by Councilmember Cooper. Motion carried 4-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 8:21 p.m. _____________________________
DARYL A. BETANCUR, MPA, MMC
City Clerk