California City City Council
October 22, 2024

1 AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/

SUCCESSOR AGENCY REGULAR MEETING
TUESDAY OCTOBER 22, 2024
REGULAR MEETING @ 5:00 PM COUNCIL

CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY,
CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title II).

Zoom instructions and notes:

Web Link: https://us06web.zoom.us/j/84918274745
Meeting ID: 849 1827 4745

1.Public can dial into the Zoom line:
a.One tap mobile: +16694449171,87254527178# US
b.Dial the following number: +1 564 217 2000 US

2.Comments
Kelly Kulikoff
MAYOR
Ronald Smith

MAYOR PRO TEM
Jim Creighton
LaShelle Cooper
Michael Kulikoff

COUNCIL MEMBERS
__________________
Latisha Lamberth

ACTING CITY MANAGER
2 a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speakor, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request the public to MUTE your audio device when not commenting to avoid disruption during meeting. ** At this time, please take a moment to turn off your cell phones ** 3:30 PM CLOSED SESSION

CALL TO ORDER

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

APPROVAL OF AGENDA

PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.

CLOSED SESSION
CS1. CONFERENCE WITH LEGAL COUNSEL – EXISTINGLITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (1) of subdivision(d). Number of Matters: Two (2)
Zheng, et al v. City of California City (Case No. BCV-22-103396-BCB) Song, et al v. City of California City (Case No. BCV-22-103394-BCB) CS2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2):

Number of Matters: Two (2) matter
CS3. CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION CS4. PUBLIC EMPLOYMENT APPOINTMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957-
Title of Position: City Manager
3 REPORT OUT OF CLOSED SESSION

CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

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

DEPARTMENTAL REPORTS
a. Public Works
b. Planning
c. Fire
d. Finance
e. Building

CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
Communication from JM Powers dated October 11, 2024 / October 12, 2024, and October 13, 2024 City Hall Monument Sign -Voting Results to be announced by mayor and councilmembers

CIVIC/COMMUNITY/ORGANIZATION

ANNOUNCEMENTS PRESENTATIONS
· Paymentus Presentation- BY: Kenny Cooper
· TreeVitalize: Sowing Community Roots Together-BY: Shauna Royten

PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes. The City Council will receive the comments but cannot engage in back-and- forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.

CONSENT CALENDAR

WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion 4 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 10/04/2024 10/17/2024.

CC2. Faith Mountain Church - Discussion item By: Anu Doravari

CITY MANAGER REPORT
Oral report

PUBLIC HEARING
PH1. AMEND MUNICIPAL CODE TITLE 9, CHAPTER 2, ARTICLE 3, SECTION 9-2.306(a)(1) TO REDUCE THE SQUARE FOOTAGE REQUIRED FOR BUILDING AREA FROM 1,200 SQUARE FEET TO 800 SQUARE FEET IN RESIDENTIAL DISTRICTS

a. Open Public Hearing
b. Staff Report: Karin A. Schambeck, Deputy City Attorney c. Public Comment
d. Close Public Hearing
e. Discussion

1. Recommended Action: Introduce and waive first reading of an Ordinance amending the California City Municipal Code Section 9-2.306(a)(1) – regarding square footage requirements in residential districts; and

2. Discuss and consider the potential benefits of amending Section 9-2.306(a)(1) – regarding square footage requirements in residential districts and adopt an ordinance amending Section 9-2.306(a)(1). Specifically, the amendment would reduce the building area from one thousand two hundred (1,200) square feet to eight hundred (800) square feet.

CONTINUED BUSINESS
CB 1. Airport Contract.

Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff Recommends that the City Council Approve this Contract CB 2. Employment Contract and Salary Schedule Resolution Staff Report: Latisha Lamberth
Recommended Action: Deliberation and Potential Approval of the Contact

NEW BUSINESS
5 NB 1. Water Loss Reports Audit Validation
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council approve Blua’s Proposal for $1,200 per Audit (year), for a total of $7,200.

NB 2. Approve a Resolution Adopting a Preliminary Budget for Fiscal Year 2024-2025 Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends that Council adopt the City Budget for FY 23/24 as the preliminary City Budget for FY 24/25
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.

ADJOURNMENT

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

Dated: October 18, 2024
Leanndrea Weible, Deputy City Clerk

BHT Engineering, Inc.

UPDATED: 10/7/2024

FEDERAL / STATE FUNDED PROJECTS
1 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.

City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.

Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.

Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. 06/13/23 - Council awarded project to Granite Const. Construction
COMPLETED. 4/23/24 - City Accepted project, City Clerk to file NOC w County. 08/06/24 – Caltrans conducted post-construction review - all in order. 08/19/24 – Received Bridge ID 50C0419 from Caltrans. 08/28/24 – Received Contractor executed Exh 17-F and 17-O, reviewed and emailed a copy to Peter Mututwa @ Caltrans. --Caltrans Close-out in progress
2 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. Bid Opening 6/22/23 - awarded to Cen-Cal Construction. Const.

Completed. 4/23/24 - City Accepted project, City Clerk to file NOC w County. Caltrans Close-out in progress
3 22405 4/18/2022 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.

Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Project awarded to Cen-Cal Construction. First day of construction 06/10/24, project physically completed, as of July 9, 2024. Project close-out and acceptance in progress.
4 22408 7/25/2022
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Council to authorized project advertisement on 6/13/23. Project awarded to ANM Construction. Construction in progress,
estimated completion day November, 2024
5 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.

Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. - Design Completed. 02/04/24 – Received and filed Const. E-76 from Caltrans. Bid opening July 11, 2024. 08/15/24 – City Council did not approve award of the project. 09/10/24 – Council approved award of project. 09/11/24 – Completed Award & Contract docs and emailed to Contractor & CC’D City Staff.
6 24411 8/2/2024 CMAQ - California City Blvd -
Shoulder Paving
On CCB from Baron Blvd to Maverick St. -
Request Preliminary Engineering Phase
08/13/24 – Completed PE RFA and emailed to Caltrans for execution. Kern COG emailed EPSP to City and to Caltrans. 08/29/24 – Received PE E-76 and FN from Caltrans. 09/04/24 – Received program supplement from Caltrans at 9/24/24 CC meeting for acceptance. 09/09/24 – Received City executed Task order for PE. - Design/Environmental Phase In Progress SB1 FUNDED PROJECTS
1 23406 5/24/2023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St.

Caltrans reviewed and accepted project on June 28, 2023. Design to begin April 2024. project awarded to Griffith construction to begin end of October 2024
2 24407 5/7/2024 SB1- 2024 Call for Projects Kenniston St pavement rehabilitation from CCB to Walpole SB1 2024 submittal completed uploaded to CalSMART

LOCAL FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects. 03/07/24 – Const RFA submitted to Caltrans for processing. 04/24/24 - Receive Caltrans Const E-76 and Finance Letter. 04/30/24 – Received PSA from Caltrans - City to accept PSA at 5/14/24 CC meeting. 06/17/24: Spectrum and Frontier to adjust utilities. Project Bid Out expected end of October 2024.

Task Order
Executed
/Received

CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS

PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST

BHT Engineering, Inc.
2 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.

Also sent copy of Draft Striping Plan.
3 22411 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.

Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority. Project coordination continues
4 23404 5/24/2023 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street
Application submitted to Kern COG on 07/12/23 - Project Approved in 2023 FTIP Amendment 11 - PE fund available FY 24-25, Const in FY 25-26
5 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.

Design completed, currently waiting construction grant funds allocation
6 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).

Formal bidding process.

Project on hold until funds are available
7 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Currently seeking natural gas powered motor with Waukesha contractor. Quote preparation is in progress.
8 23412 7/27/2023 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Bid opening March 27, 2024. No bids received. Waiting for Council direction. Project rebid phase now includes
restrooms, bid openinig 10/24/2024.
9 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
11 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Application submitted March 2024. One million awarded to project,
implementation steps in progress. Received email from
awarding agency.
12 24403 2/29/2024 Golf Course Backflows Backflows' Replacement Project Survey completed. Expected project start end of October 2024 13 24405 6/13/2024 Well 10 Rehabilitation Well 10 Rehabilitation Layne preparing a quote for rehabilitation expected end of Augus.

After analysis of Layen proposal, project will put out to bid. 14 24409 6/13/2024 Wonder Acres Water Tank Install a 90,000 gal water storage and pumping equipment
Currently preparing land Record of Survey and set property corners. Record of Survey completed, property corners in the ground. Topographic survey in progress.
15 24412 8/12/2024 HSIP Call for Projects Install traffic light at Isabella and CCB intersection
Application submitted Sep 9-2024. This program in very
competitive
UPDATED: 10/7/2024

Public Works Monthly Council Report
September 30, 2024
Desert Clean Up Crew FY Total September Total
Total Work Orders: 189 95
Closed Work Orders: 189 95
Open Work Orders: 0 0
Dial-A-Ride FY Total September Total
Regular Fares $ 2,286.00 $ 720.00
Seniors/Disabled/Children $ 1,301.00 $ 585.00
Desert Jade $ 128.00 $ 54.00
Total Fares $ 3,001.00 $ 1,359.00
Number of Riders 1,217 1217
Number of Operating Days 19 19
Street Department FY Total September Total
Total Work Orders: 216 95
Closed Work Orders: 216 95
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 11,462 10,252
Pot Hole Repair(s) p.h.: 1,792 1,164
Water Department FY Total September Total
Total Work Orders: 161 87
Closed Work Orders: 161 87
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 3 3
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 0 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 25 11
Standby Callouts:

Citizen Complaints: 22 8
*Information found in this report is based on the following dates:
*Monthly* September 1, 2024 through September 31, 2024. * Fiscal Year* July 1, 2024 through June 30, 2025
Public Works Monthly Council Report
September 30, 2024
Desert Clean Up Crew FY Total September Total
Total Work Orders: 189 95
Closed Work Orders: 189 95
Open Work Orders: 0 0
Dial-A-Ride FY Total September Total
Regular Fares $ 2,286.00 $ 720.00
Seniors/Disabled/Children $ 1,301.00 $ 585.00
Desert Jade $ 128.00 $ 54.00
Total Fares $ 3,001.00 $ 1,359.00
Number of Riders 1,217 1217
Number of Operating Days 19 19
Street Department FY Total September Total
Total Work Orders: 216 95
Closed Work Orders: 216 95
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 11,462 10,252
Pot Hole Repair(s) p.h.: 1,792 1,164
Water Department FY Total September Total
Total Work Orders: 161 87
Closed Work Orders: 161 87
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 3 3
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 0 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 25 11
Standby Callouts:

Citizen Complaints: 22 8
*Information found in this report is based on the following dates:
*Monthly* September 1, 2024 through September 31, 2024. * Fiscal Year* July 1, 2024 through June 30, 2025

DEPARTMENT REPORT

CITY COUNCIL MEETING
OCTOBER 22, 2024
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
 Consultant Planner: Anu Doravari
 Planning Admin: Lilia "Liz" Garcia
This report includes the following items:

A. Active Planning Projects under Review
B. Financial Report for September 2024
A. Active Projects
Project
Code
Project
Name/Description
Project
Type Status Remarks Next Steps to clients
SPR
22-44 KUDU Solar Solar
Energy
Approved
fully by
Planning
Department
-
Initiate
construction
phase
SPR
22-45 Bellfield Solar Solar
Energy
MMRP
compliance
complete
-
Decommission
Bond Deposit
SPR
21-42 SFV Caregivers Cannabis
Facility
DH
completed
CEQA (California
Environmental
Quality Act) Filing
and fees pending
Submit CEQA
filings and
clear fees
SPR
24-10
Coastal Service
Corp (Cannabis)
Cannabis
Facility
DH
completed - -
CUP
24-03
Faith Mountain
Church Institutional Staff review complete
Council
recommendation
sought
-
SPR
24-09
Apartment
Complex Residential
Detailed
comments
issued after
staff review
-
Address
comments and
resubmit
SPR
24-08 Concrete Factory Industrial Staff review
complete
SDR meeting
scheduled
Attend SDR
meeting
N/A Housing Element
Draft
Policy
Document
Received on
11 Oct under
staff review
-
Continue staff
review
B. Financial Report – September 2024
Details of the financial report for Sept 2024 highlighting revenue, expenses, and any notable financial activities or changes.

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.

Sept. 2024 Monthly Report
Current Notable Events:
• The Fire Department has been participating in several fire safety awareness campaigns in the schools this month. New fire department vehicles have all been ordered and the City should begin receiving vehicles in November.

PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:

Approved Will receive $153,211.00 when the
new fire engine arrives.

FEMA SAFER Grant
Staffing Retention
Applied- 4/12/24 Denied
Kern County OES- EOC Mobile
Comm Equip.

Awarded Awaiting Fulfillment
Specialty Programs:
• Pet Chip Reader Scans
o Sept: 4 scans
o Annual 2024: 18
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.
• Fire Prevention has been working closely with the DCC to enforce cannabis operations.

Fleet Maintenance
Unit Status
Incident Command Vehicle Out-of-Service
Replacement vehicle expected to arrive in November
Brush Patrol Out-of-service
Moderate repair required @ the Ford Dealership in
Lancaster
Arson/Fire Prevention Unit Out-of-Service. Replacement vehicle expected in November Code Enforcement Vehicle- Escape Out-of-service
2 years in repair-unable to be repaired
Code Enforcement Vehicle- F150 Marginally in-service
Numerous issues.

Seagrave Reserve Type-I Engine
(Reserve)
Out-of-service
Will be brought to council for surplus and permission to destroy as part of the terms for the Carl Moyer Grant
funds.

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. No issues to report Type-III Engine (Wildland) In Service
no issues to report
Rescue Squad In-Service
Being used as the chief vehicle till the new one arrives.

Had the tires replaced after two blowouts.

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.

Incident Statistics
2024 Sept 2023 Sept
• Fires: 12
o Vehicle: 1
o Outside vegetation: 7
o Dumpster: 1
o Fire, Other:3
• EMS: 151
• Hazardous Condition (no fire): 3
• Service/Assist Calls: 8
• Good Intent Calls: 64
• False Alarms: 5
• Citizen Complaint: 2
Sept 2024 Simultaneous Calls:23
Sept 2024 Total Call Volume: 245
• Fires: 7 o Vehicle/Other: 3
o Building: 2
o Outside/Rubbish: 1
o Cooking Fire: 1

• EMS:134
• Hazardous Conditions: 1
• Service/Assist calls: 15
• Good Intent: 45
• False Alarms: 5
Sept 2023 Simultaneous Calls:12
Sept 2023 Total Call Volume: 220
Code Enforcement Sept 2024 Stats
Location Type Location Field Date From To
All All 09/01/2024 09/30/2024
Case Activity:

Total
New Cases 54
Closed Cases 44
Open Cases at start of period 284
Open Cases at end of period 294
Violation Activity
New Violations Cited Total
ABANDONED SHOPPING CART 1
ABANDONED/INOPERATIVE VEHICLES 12
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 11
ANIMALS 2
Blowing Dust/Industrial Zone 1
BUILDING WITHOUT PERMIT 1
Cannabis Odor Citation 9
CFC ACCUMULATION OF COMBUSTIBLE VEGETATION 9
CFC Dangerous Storage in Buildings 1
CFC Door Operations- Blocked/Locked Exit 1
CFC Exit obstructed/ Means of Egress Continuity 1
CFC Exit Path, Protruding Objects 1
CFC Fire Lane, No Parking 2
CFC Rescue opening blocked, residential 1
CFC UNSECURE VACANT BUILDING 2
DANGEROUS STRUCTURE 1
Dead Tree 1
DOG LICENSE REQUIRED 1
ENCROACHMENT 9
Excessive False Alarms 1
EXCESSIVE YARD SALES 1
FENCING VIOLATION 1
garage sale signs 4
GRAFFITI 1
Health & Safety 1
Health & Safety (Septic Tank Overflow) 1
Illegal Dumping 5
Illegal Home Based Business 2
ILLEGAL HOME BUSINESS 2
ILLEGAL POLITICAL SIGNS 1
INFORMATION 1
LIVING IN RECREATIONAL VEHICLE 4
NO BUSINESS LICENSE 3
Open Pit or Excavation 1
PARKING A UNHITCHED TRAILER ON STREET 1
PARKING OVER 72 HOURS 1
Possess Shopping Cart 2
PUBLIC NUISANCE (property maintenance) 1
Public Nuisance 415 Disturbances 1
R ZONING VIOLATION 2
RABIES VACCINATION 1
Red Tagged 2
Squatting/ Illegal Camping w/o Owner's Permission 4
SUBSTANDARD HOUSING 4
Trash Can Lids 8
TRASH CANS LEFT OUT 3
UNLAWFUL STORAGE IN YARDS 7
UNPERMITTED YARD SALE 5
VACANT HOUSE REGISTRATION 5
Yard Sale Permit Issued 11
Totals 154
California City California City
Fund Balance @ 9/30/2024 Fund Investment @ 9/30/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,226,653.18 * All -$17,115,843.71
Aspen $184,177.67 Cash Allocated to Other Funds -$17,115,843.71 DAR -$1,390,437.26 * All2 $17,115,843.71
GF $10,862,987.49 * Accounts Rec Cash Clearing -$155.95 GF-OHV G -$1,493,922.25 * Business License Cash Clearing -$12,052.53 GF-OHV P $144,727.81 Cannabis - Bank of the Sierra $574,795.26 GF-PS FD $1,074,571.55 Checking - Bank of the Sierra $3,785,344.41 GF-PS FD Prop 64 -$198,378.14 * Kern County Investment Pool $4,382,993.32 GF-PS PD -$917,319.08 * Local Agency Investment Fund $7,383,445.21 GF-Str -$4,359,746.13 * Multi-Bank Securities $988,280.38 GF-TDS -$3,069,507.91 * Utilities Cash Clearing $13,193.61 Housing -$644,174.33 Grand Total $0.00
Reserves FD $400,000.00
Reserves GF $3,000,000.00
Reserves PD $356,526.12
Restricted Funds $4,282,221.40
SDI -$113,642.65
Sewer $3,995,398.93
Successor -$182,320.58
Water $6,411,334.25
Grand Total $17,115,843.71
-$1,792,976.46 * Represents available general fund related cash balances as of report date M:\Monthly Financials\03-Sep 2024\Fund Balance Recon 9.30.24 California City Building Departmental Report
September 2024
September Total Fiscal Year Total to Date
151 518
74 194
9 20
4 6
73 77
44 161
44 161
3 24
1 1
0 0
Total Permits Issued 62 212
Building
Inspections
Projects Finaled
Commercial Inspections
Commercial Inspection Finaled
Permit Applications Received
Plan Checks Received (Solar, Construction, BHT)
Plan Check Completed
New Residential Home Permits
New Commercial Building Permits
New Cannabis Building Permits

BLOCK WALL

CANNABIS APPROACH

CANNABIS FINAL

CARPORT

CODE ENFORCEMENT (RED TAG)

COMMERCIAL FINAL
DRAINAGE 1
DRYWALL NAILING 6

ELECTRICAL PANEL
ELECTRICAL RELEASE 11
ELECTRICAL ROUGH 8 1-BELLFIELD SOLAR FENCE ZONE 16

FIRE SEPERATION WALL
FOOTING AND SLAB 5

FOUNDATION

FRAMING FLOOR
FRAMING ROOF SHEATHING 11 1- CHURCH FENCE
FRAMING ROUGH (Walls/Shear Panels) 8 1-CLINIC WALKWAY FOOTINGS GARAGE/SHED 6 1-CLINIC DRAINAGE LINE

GAS PRESSURE TEST
HVAC 3

HOT MOP/SHOWER PAN
INSULATION 2
LATHING 6

LEACH FIELD
MECHANICAL ROUGH 8
N-SFD FINAL 6
PANEL UPGRADE 7
PATIO FINAL 1
PATIO COVER 2
POOL
PLUMBING ROUGH 8
RE-ROOF 5
SEEPAGE PIT 2
SEPTIC TANK 2
SET BACKS 3

SEWERLINE
SIDING
SOLAR 12

SPECIAL INSPECTION

SPECIAL TRENCH

TEMP ELECTRICAL
UFER FOR ELECTRICAL SERVICE 7

UNDERGROUND ELECTRICAL
UNDERGROUND PLUMBING 5
WATER HEATER 6
WINDOWS 3
MISCELLANEOUS 7
151

COMM FINAL INSPECTIONS
RESIDENTIAL INSPECTION DETAILS SEPT 2024 RES TOTAL INSPECTIONS SEPT 2024 RES COMPLETE/FINAL INSPECTIONS 74 COMM INSPECTIONS SEPT 2024
151
RESEDENTIAL CORRECTIONS SEPT 24
17 1-CANNABIS FOOTINGS
2 1-PUBLIC WORKS HEATPUMP
9 1-BELLFIELD SOLAR FENCE ZONE 17
4 1-CANNABIS UNDERGROUND PLUMBING
1-CANNABIS SETBACKS COMM CORRECTIONS SEPT 2024
Permit Date Permit Type Site Address Description Parcel # Primary Contractor
9/24/2024 R- NEW SFD 9225 Bay Ave New SFD 1731
sqft, 4 bed, 2
bath, 459 sqft
attached
garage, 129
sqft patio
***SEWER/SE
PTIC

CONNECTION

REQUIRE

SEPARATE
PERMIT***

MAIN PANEL
SERGE

PROTECTORS,
AND 24"

FOOTINGS OR

SOILS TESTS

REQUIRED ON

ALL NEW
BUILDS
205-073-15 Corco General
Contracting &
Engineering
8/6/2024 C- BLDG
Permit
5759 Hwy 58 New
commercial
metal building
on permanent
foundation
2000 sqft used
for auto
maintenance
MEP included.
235-243-01 Superior
Construction
20754
Sep'24 Building Permit Report
09/01/2024 - 09/30/2024
California
City Permit
20781
Page: 1 of 2
6/13/2024 R- ACCESSORY

STRUCTURE
9662 Raymond
Ave
Accessory
Structure -
build a
detached shop
1000 sqft used
as workshop
w/ bathroom
including walk
in shower.

Also (2)
attached patio
covers, the
first 500 sqft,
the second
200 sqft.
302-500-48 O-B
7/27/2021 R- NEW SFD 8109 Willow
Ave
New SFD 4
bed/2 bath
1860 sqft 490

SQFT GARAGE
44 sqft patio
***SEWER/SE
PTIC

CONNECTION

S REQUIRES

SEPARATE
PERMIT***
204-041-24 Jesus Alejo
20559
18207
Total Records: 4
Page: 2 of 2
California City Building Departmental Report
FY 2024-2025 Sign-in Sheet
September 2024

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Unified Platform
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(540) 739-2054
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DISCUSSION ITEM

CITY COUNCIL MEETING
OCTOBER 22, 2024
FROM: Anu Doravari, Consultant Planner

PLANNING DEPARTMENT
I. Project Overview:

Faith Mountain Church currently operates on APN 211-032-10 where their existing church is located. The proposed expansion seeks to build a new church structure, approximately 7,000 square feet, on Lot 10. The church intends to enhance its facilities and cater to a larger congregation with this expansion. However, the project faces challenges concerning zoning regulations and compliance with parking requirements, as the existing lot does not have sufficient space for both the new structure and the required parking. There are zoning and lot merger challenges related to this application that require City Council consideration.

Figure 1 – Project Aerial View
II. Zoning Issues:

The three parcels involved in the church’s operations are subject to different zoning classifications, which directly affect the viability of the proposed expansion:
· Parcel 211-032-10 (Lot 10): This parcel is zoned C4 (General Commercial).

According to the city’s municipal code, the C4 zone permits churches and similar religious institutions without requiring a Conditional Use Permit (CUP). As such, the construction of a religious building on this parcel is permitted outright without additional zoning approvals.
· Parcels 211-032-08 and 211-032-07 (Lots 08 and 07): These parcels are zoned RM1 (Residential Medium Density). Under RM1 zoning, religious institutions, including churches, require a CUP in order to operate or expand. This introduces a complication for the applicant, as they plan to utilize these parcels for parking, and potentially other supportive uses.

Analysis:

The discrepancy in zoning regulations between the three parcels necessitates that the church either apply for a CUP for the RM1 parcels or reconsider the design of their expansion.

Without a CUP for RM1 parcels, the proposed use of Lots 08 and 07 for church parking may not be permissible under current zoning rules. The city must ensure that any use of these parcels complies with the zoning code before approval.

Figure 2 – Zoning Map
III. Lot Merger and Parking Challenges:

In addition to zoning issues, the proposal presents practical challenges regarding parking and space utilization:
· Proposed Structure on Lot 10: The new church building is slated for Lot 10, which does not have sufficient space to accommodate both the building and the required parking. As a result, Faith Mountain Church proposes to use Lots 08 and 07 for parking to support the new structure. However, these lots are zoned RM1, and as noted, require a CUP for religious or ancillary uses.
· Parking Requirements: According to the California City Municipal Code, the parking requirements state that churches need one parking space for every 30 square feet of floor area or room or one parking space for every four permanent seats in the principal assembly area. For the new building’s main assembly area, which will seat approximately 250 persons, this results in a need for 233 parking spaces. Faith Mountain Church formally requests a variance from this requirement, proposing to reduce the parking requirement to 70-80 spaces based on actual usage. They argue that this number is more reasonable for their congregation's needs.

Lot Merger Consideration:

One potential solution could involve merging the three parcels into a single lot. A lot merger would simplify the application process by creating a single, unified property, subject to C4 zoning, which allows religious use without a CUP. However, this would likely require approval of a zone change and a lot merger and a detailed review of the potential impacts, particularly concerning residential and commercial zoning integration.

IV. Key Challenges:

1. Zoning Conflict: The primary issue revolves around the use of RM1-zoned parcels for parking without a CUP. The church will need to seek the appropriate approvals or adjust its project scope to comply with RM1 zoning or rezone the parcels.

2. Parking and Lot Layout: The current configuration does not provide adequate parking on Lot 10. The use of adjacent parcels (Lots 08 and 07) for parking raises concerns about zoning, compliance with parking standards, and the need for a CUP.

3. Variance Request: The church’s request for a variance to reduce the parking requirement is critical and must be considered alongside zoning compliance and practical parking needs.

V. Recommendations:

To address these challenges and proceed with a legally compliant expansion, the following recommendations are proposed:
· Conditional Use Permit (CUP): The church should formally apply for a CUP for the RM1-zoned parcels (Lots 08 and 07) to allow for the proposed parking or other religious uses. Alternatively, they could propose rezoning the parcels to align with the C4 designation.
· Lot Merger: The applicant may want to explore merging the three parcels to consolidate them under the C4 zoning designation. This would simplify the regulatory framework for the project and eliminate the need for a CUP for RM1 parcels.

However, further analysis is required to determine the viability of a lot merger. · Parking Plan: The applicant should submit a detailed parking plan that complies with city standards and ensures that sufficient parking is provided for the new structure without infringing on zoning restrictions. Consideration of the requested variance for reduced parking spaces should also be included.

VI. Conclusion:

The proposed expansion by Faith Mountain Church has the potential to enhance community services, but challenges related to zoning, parking, and the use of adjacent lots must be resolved. The CUP requirement for RM1-zoned parcels, the feasibility of allowing parking on separate lots, and the church's request for a variance concerning parking needs all require careful evaluation. We respectfully request City Council’s guidance and recommendations on the following:
· Should the applicant pursue a CUP for RM1 parcels?
· Is allowing parking on separate lots permissible?
· Is a lot merger a feasible solution to streamline zoning? Attachments
1- Site Plan
2- Shared Parking Agreement
3- Parking Variance Letter
Attachment 2

3068 3068 3068 3068
4 : 12 4 : 124 : 12 4 : 12
4 : 12 4 : 124 : 12
5 : 12 FAMILY 4336 S.F.5 : 12

DRIVEWAY
APPROACH.

REVISIONS:

No DESCRIPTION DATE LOC
0 1 2 3 4 5 6 7 8 9
A
B
C
D
E
10 G
H
I
J
K
F

PLOT PLAN

VERIFY ALL DIMENSIONS ON SITE
Creative Design by G.

A27900 CALIFORNIA CITY BLV CALIFORNIA CITY CA 93505
70'-0" 100'-0"
6'-4" 15'-0"
270'-2"
26'-0" 14'-0"
8'-0" 105'-0"
42'-0" 105'-0"
8'-0" 14'-0"

SITE PLAN
LOCATION: 7900 California City Blvd, California City, CA 93505, USA PARCEL ID: 211-032-10, 211-032-08 & 211-032-07
LEGAL DESCR.,: SECTION 27, TOWNSHIP 32, RANGE 37, QUARTER TRACT 2310, BLOCK, LOT 7 & LOT 6 CALIFORNIA CITY BLVD
79TH STREET 39'-0"
20'-0" 6'-1"
12'-0" 47'-7" 141'-7"

ADA PATH
DETECTABLE WARNING 5'-10"
4'-9"
A
B
2 1 STD

HANDICAP
3 4 STD STD
18 STD
17 STD
16 STD
15 STD
14 STD
13STD
11 12 STD
34 STD
33 STD
32 STD
31 STD
30 STD STD
28 STD
27 10 STD
9 STD
8 STD
6 7
5 19 20 STD
21 STD
22 STD
23 STD
24 STD
25 STD
26 50 51 52 53
STD
49 STD
48 STD
47 STD
46 STD
45 STD
44 STD
43 STD
42 STD
41 STD
40 STD
39 STD
38 STD
35 36

PARALELL STD

HANDICAP HANDICAP
THREE
POLES
DOUBLE

SIDE SIGN
POLE
FENCE

DRIVEWAY

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE

WALL LINE

ROOF LINE

ROOF LINE

WALL LINE

DRIVEWAY

DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAY
ITEM USE PARKING REQ.

A

PARKING CALCULATION
FIXED
SEATS
(E) CHURCH 100 25
B (P) CHURCH 150
1 PER 4 CHAIRS
1 PER 4 CHAIRS 38
ACCESSIBLE PARKING SPACES = 3 TOTAL = 63
STD PARKING SPACES = 60
PARALLEL PARKING SPACES = 2
TANDEM SPACES = 8
TOTAL PARKING SPACES = 73 UPPER ROOM PENTECOSTALS DBA:FAITH MOUNTAIN 3'-0"

RIGID FRAME

AIR CONDITIONER

SYSTEM IN THE

ROOF TOP
34'-0"
10'-0" 12'-0" 2% SLOPE 2% SLOPE
2% SLOPE
2% SLOPE
2% SLOPE
2% SLOPE
2% SLOPE 2% SLOPE
2% SLOPE
2% SLOPE
2% SLOPE 2% SLOPE24'
24'-0" 24'
10'-2" STD
12'-0" 18'-0"

STD STD
29 PARALELL
37 24'
54 55 56 57 58 59 60 61 62 63 64 65 STD STD

STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD STD 150'-6" 161'-11"
74' 74' 140'-0" 163'-2"
DETAIL - 1
DETAIL - 1

VICINITY MAP
10 8
7 LOT 10
LOT 8 LOT 7
66 73
67 68
69 70
71 72 TANDEM TANDEM TANDEM TANDEM TANDEM TANDEM TANDEM TANDEM 20'-2" 36'-0" 9'-0"
26'-2"
2%
SLOPE
2%
SLOPE

1 Item: NB.6

COUNCIL AGENDA ITEM
October 22, 2024
TO: Mayor and City Council
FROM: Karin A. Schambeck, Deputy City Attorney
SUBJECT: AMEND MUNICIPAL CODE TITLE 9, CHAPTER 2, ARTICLE 3, SECTION 9-

2.306(a)(1) TO REDUCE THE SQUARE FOOTAGE REQUIRED FOR
BUILDING AREA FROM 1,200 SQUARE FEET TO 800 SQUARE FEET IN

RESIDENTIAL DISTRICTS
RECOMMENDATION:

Staff recommend the City Council:

1. Introduce and waive first reading of an Ordinance amending the California City Municipal Code Section 9-2.306(a)(1) – regarding square footage requirements in residential districts; and

2. Discuss and consider the potential benefits of amending Section 9-2.306(a)(1) – regarding square footage requirements in residential districts and adopt an ordinance amending Section 9-2.306(a)(1). Specifically, the amendment would reduce the building area from one thousand two hundred (1,200) square feet to eight hundred (800) square feet.

DISCUSSION:

The City of California City’s (“City”) Municipal Code Title 9 (Land Use and Zoning), Chapter 2 (Zoning), Article 3, contains general requirements for all residential districts. Presently, Municipal Code Section 9-2.306(a)(1) requires that each single-family dwelling in the R1, R2, or R3 District, including manufactured homes, must contain not less than one thousand two hundred (1,200) square feet of building area.

The City wishes to reduce the building area from one thousand two hundred (1,200) square feet to eight hundred (800) square feet to allow for smaller footprints, which is a more environmentally friendly and cost-effective alternative to address California’s housing shortage and resource constraints.

RECOMMENDATION:
2 Staff recommend that the City Council discuss and consider the potential benefits of amending Section 9-2.306(a)(1) and accordingly adopt Ordinance No. 24-______ amending Section 9-

2.306(a)(1) along with attached amendments to Section 9-2.306(a)(1) of the Municipal Code.

Specifically, the amendment would reduce the building area from one thousand two hundred (1,200) square feet to eight hundred (800) square feet in the R1, R2, and R3 Districts.

FISCAL IMPACT:

There is a minimal fiscal impact of updating the Municipal Code associated with the approval and adoption of this Ordinance.

ATTACHMENTS:

1. Ordinance No. 24-______.

2. Redline Municipal Code Section 9-2.306(a)(1) – “Other”

3. Clean Copy Municipal Code Section 9-2.306(a)(1) – “Other”

ORDINANCE NO. 2024-____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORIA CITY, CALIFORNIA, AMENDING ARTICLE 3,
SECTION 9-2.306(a)(1) OF THE MUNICIPAL CODE TO

REDUCE THE SQUARE FOOTAGE REQUIRED FOR
BUILDING AREA FROM 1,200 SQUARE FEET TO 800

SQARE FEET
WHEREAS, the City of California City’s (“City”) Municipal Code Title 9 (Land Use and Zoning), Chapter 2 (Zoning), Article 3, contains general requirements for all residential districts; and
WHEREAS, presently Municipal Code section 9-2.306(a)(1) requires that each single-family dwelling in the R1, R2, or R3 District, including manufactured homes, shall contain not less than one thousand two hundred (1,200) square feet of building area; and WHEREAS, the City wishes to reduce the building area from one thousand two hundred (1,200) square feet to eight hundred (800) square feet in order to allow for smaller footprints which is a more environmentally friendly and cost effective alternative to address California’s housing shortage and resource constraints; and

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

SECTION 1. AMENDMENT. Article 3, Section 9-2.306(a)(1) is hereby amended in its entirety to read as follows:
(a) Dwellings in the R1, R2, or R3 Districts, including manufactured homes, shall meet the following minimum requirements:
(1) Each single-family dwelling, including manufactured homes, shall contain not less than eight hundred (800) square feet of building area and shall be at least twenty-four (24) ft. wide. A special permit may be granted for multiple-story manufactured homes of less than twenty-four (24) ft. wide that are integrated with a garage and having a combined width of at least thirty-four (34) ft. Multiple-story single-family dwellings shall have a ground floor containing not less than 750 sq. ft. (2) Manufactured units installed on a lot permitting conventional single family dwellings shall comply with the requirements set forth in Section 9-2.215 of this Municipal Code. (b) No person shall maintain an inoperable vehicle, engage in the prolonged repair of mechanical equipment, including vehicles, or engage in the repair of more than two vehicles except within an area not visible from adjoining properties or adjoining public streets. As used herein, the term prolonged repair activities refers to repair activities

which are not completed within thirty (30) consecutive days. The violation of this provision is an infraction.
(Ord. No. 05-635, 11-15-2005; Ord. No. 16-740 , §§ 2, 3, 6-7-2016) SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council.

SECTION 4. PUBLICATION. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

PASSED, APPROVED AND ORDAINED this ____ day of _____, 2024.

Mayor Kelly Kulikoff
Approved as to Form and Content Attest:

Victor Ponto Leanndrea Weible
City Attorney City Clerk

STATE OF CALIFORNIA )
COUNTY OF KERN) §

CITY OF CALIFORNIA CITY )
I, Leanndrea Weibl, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 24-_____, was introduced at a regular meeting of the City Council of the City of California City held on the _____ day of ______, 2024, and was passed by the City Council of the City of California City at a regular meeting held on the ____ day of _____, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Leanndrea Weible, City Clerk
California City, California, Code of Ordinances

- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. - ZONING
ARTICLE 3. GENERAL REQUIREMENTS: ALL RESIDENTIAL DISTRICTS SECTION 9-2.306(a)(1). - OTHER
Sec. 9-2.306. - Other.
(a) Dwellings in the R1, R2, or R3 Districts, including manufactured homes, shall meet the following minimum requirements:
(1) Each single-family dwelling, including manufactured homes, shall contain not less than eight hundred one thousand two hundred (800 1,200) square feet of building area and shall be at least twenty-four (24) ft. wide. A special permit may be granted for multiple-story manufactured homes of less than twenty-four (24) ft. wide that are integrated with a garage and having a combined width of at least thirty-four (34) ft. Multiple-story single-family dwellings shall have a ground floor containing not less than 750 sq. ft. (2) Manufactured units installed on a lot permitting conventional single family dwellings shall comply with the requirements set forth in Section 9-2.215 of this Municipal Code. (b) No person shall maintain an inoperable vehicle, engage in the prolonged repair of mechanical equipment, including vehicles, or engage in the repair of more than two vehicles except within an area not visible from adjoining properties or adjoining public streets. As used herein, the term prolonged repair activities refers to repair activities which are not completed within thirty (30) consecutive days. The violation of this provision is an infraction. (Ord. No. 05-635, 11-15-2005; Ord. No. 16-740 , §§ 2, 3, 6-7-2016) California City, California, Code of Ordinances

- Code of Ordinances
TITLE 9 - LAND USE AND DEVELOPMENT
CHAPTER 2. - ZONING
ARTICLE 3. GENERAL REQUIREMENTS: ALL RESIDENTIAL DISTRICTS SECTION 9-2.306(a)(1). - OTHER
Sec. 9-2.306. - Other.
(a) Dwellings in the R1, R2, or R3 Districts, including manufactured homes, shall meet the following minimum requirements:
(1) Each single-family dwelling, including manufactured homes, shall contain not less than eight hundred (800) square feet of building area and shall be at least twenty-four (24) ft. wide. A special permit may be granted for multiple-story manufactured homes of less than twenty-four (24) ft. wide that are integrated with a garage and having a combined width of at least thirty-four (34) ft. Multiple-story single-family dwellings shall have a ground floor containing not less than 750 sq. ft.
(2) Manufactured units installed on a lot permitting conventional single family dwellings shall comply with the requirements set forth in Section 9-2.215 of this Municipal Code. (b) No person shall maintain an inoperable vehicle, engage in the prolonged repair of mechanical equipment, including vehicles, or engage in the repair of more than two vehicles except within an area not visible from adjoining properties or adjoining public streets. As used herein, the term prolonged repair activities refers to repair activities which are not completed within thirty (30) consecutive days. The violation of this provision is an infraction. (Ord. No. 05-635, 11-15-2005; Ord. No. 16-740 , §§ 2, 3, 6-7-2016)

COUNCIL AGENDA ITEM
October 22, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: Airport Contract

BACKGROUND/ DISCUSSION
Staff is bringing back this item as council requested this item to trailed from the prior meeting.

We are now respectfully requesting that the council review and approve the finalized agreement between Tech 45 and the city. With your approval, we can move forward with implementing the contract and working towards the mutual goal of maintaining a well-functioning airport for the benefit of our citizens.

FISCAL IMPACT
The compensation payable to AIRPORT MANAGER pursuant to the obligations and work to be performed under this Agreement shall be Ten Thousand and 00/100 Dollars ($10,000.00) monthly payable in arrears on the fifteenth of each month that services were rendered. The management fee shall be exclusive of applicable gross receipts taxes, and exclusive of costs and expenses of Airport operations and maintenance which are reimbursable to the AIRPORT MANAGER as set forth herein

COUNCIL OPTIONS
City Council approves the contract.

City Council continues discussion the contract
City Council takes no further action.

RECOMMENDATION
Staff recommends the City Council approves this contract. 1 AIRPORT MANAGEMENT AGREEMENT
For the Operation and Maintenance of the California City Municipal Airport This Airport Management Agreement (this “Agreement”) for the Operation and Maintenance of the California City Municipal Airport (“AIRPORT”) is executed as of and made effective as of ________, 2024 (the “Effective Date”) by and between the CITY OF CALIFORNIA CITY, a California municipal corporation, whose address is 21000 Hacienda Boulevard, California City, California, 93505 (the “City”) and TECH 45 AIRPORT MANAGEMENT (“AIRPORT MANAGER”) for the operation and maintenance of the AIRPORT.

The CITY and the AIRPORT MANAGER do hereby agree and state as follows:

WHEREAS, the CITY owns and operates the AIRPORT consisting of approximately two hundred forty-five (245) acres in size, located at 22636 Airport Way, California City, County of Kern, State of California and designated by the Federal Aviation Administration (“FAA”) as “L71”; and
WHEREAS, the CITY and the AIRPORT MANAGER desire to enter into this Agreement under which the AIRPORT MANAGER shall operate and maintain the AIRPORT under the direction of the CITY for the period set forth in Section 1 of this Agreement; NOW, THEREFORE, in consideration of the terms and conditions listed hereinafter, the parties hereto desire to set forth herein their respective covenants and obligations with regard to the duties, responsibilities and compensation and other considerations of the AIRPORT MANAGER, all as set forth hereafter:

Section 1. Term and Amount
A. Term. This Agreement shall be for a period of one (1) year, beginning on _____________, 2024 and expiring at 12:01 a.m. local time on _____________, 2025 (“Contract End Date”), unless extended further by written agreement of the CITY and AIRPORT MANAGER.

B. Management Fee. The compensation payable to AIRPORT MANAGER pursuant to the obligations and work to be performed under this Agreement shall be Ten Thousand and 00/100 Dollars ($10,000.00) monthly payable in arrears on the fifteenth of each month that services were rendered. The management fee shall be exclusive of applicable gross receipts taxes, and exclusive of costs and expenses of Airport operations and maintenance which are reimbursable to the AIRPORT MANAGER as set forth herein.

Section 2. Duties and Responsibilities of AIRPORT MANAGER The AIRPORT MANAGER shall operate and maintain the Cal City Municipal Airport as set forth herein:

A. The AIRPORT MANAGER shall operate and maintain the AIRPORT using guidelines in accordance with the regulations of the FAA, all grant agreements and 2 any and all grant assurances thereto, FAA Order 5190.6B, directives and orders of the FAA, the State of California, and the CITY.

B. AIRPORT MANAGER shall maintain separate financial accounting records to properly record and categorize expenses incurred in connection with this Agreement on a basis that is consistent with Generally Accepted Accounting Principles (“GAAP”) and of sufficient detail to assure the CITY of the safeguarding of the assets being managed, and in accordance with the standards required by applicable federal and State regulations. CITY or its agent shall have the right, at CITY’s expense and at reasonable times upon prior notice to AIRPORT MANAGER, to examine the books and records of AIRPORT MANAGER with respect thereto.

C. AIRPORT MANAGER shall at all times comply, and shall use reasonable efforts to cause all users of the Airport to comply, with all applicable laws, all regulations imposed by and all other matters relating to the FAA that affect the Airport, Airport grant assurances, and any other rules or regulations imposed by governmental agencies with jurisdiction over the Airport, including the CITY.

D. The AIRPORT MANAGER shall be responsible for safety and security of the AIRPORT. The AIRPORT MANAGER shall be responsible for hiring, supervising and adequately training any employees needed to operate the AIRPORT to ensure its safe operation.

E. The AIRPORT MANAGER shall assume all of the existing obligations of the CITY under grant agreements, grant assurances thereto, and, as appropriate, surplus and non-surplus property deeds. AIRPORT MANAGER shall agree to the grant assurances applicable to a private AIRPORT MANAGER for any future grants, but initially will also be obligated to comply with the public AIRPORT MANAGER’s assurances as long as they would have been in effect for the CITY if the CITY were operating the AIRPORT. City and AIRPORT MANAGER agree that any federal or state funds received shall be disbursed and accounted for in accordance with the terms and conditions of the applicable grant or loan program, and that federal procurement requirements will be followed with respect to any federal funds used for the AIRPORT.

F. The AIRPORT MANAGER shall operate and maintain the AIRPORT for the safe use and benefit of the public; the AIRPORT MANAGER shall make available all AIRPORT facilities and services (runways, taxiways, ramp, pilot facilities, parking) on fair and reasonable terms and without discrimination, and shall grant rights and privileges for the use of the aeronautical facilities at the AIRPORT to all qualified persons and companies.

G. The AIRPORT MANAGER shall close the airport if it is deemed that an emergency exists justifying closure, notify the FAA of the closure immediately, clearly designating the closure with markings, signs and devices consistent with FAA regulations, cooperate fully with the FAA and the California Department of 3 Transportation and, as appropriate, with the National Transportation Safety Board (“NTSB”) on accident investigations, immediately notify emergency response entities of the emergency, and work to clear the incident, repair any damage, and re-open the airport only when safe.

H. The AIRPORT MANAGER shall represent the CITY at construction meetings, permitting meetings, meetings with the FAA, meetings with the airport’s engineer, meetings with the public, meetings with the Department of Transportation and such other AIRPORT-related meetings at such times and places as the CITY may request.

Participation may be in-person or by teleconference.

I. The AIRPORT MANAGER shall serve as the point of contact for airport business as designated by the CITY, but shall not have this responsibility with respect to grants of the FAA or the California Department of Transportation.

J. The AIRPORT MANAGER shall work with designated City Staff to prepare the annual budget for the AIRPORT and assist with the management of the budget during fiscal year.

K. The AIRPORT MANAGER shall, along with the CITY’S ongoing marketing and economic development efforts, market the AIRPORT to potential tenants, aviation groups, and the general public.

L. The AIRPORT MANAGER shall consult frequently and as needed with the CITY by phone, in-person, or in writing concerning pending issues and matters of business at the AIRPORT and may be required from time to time attend regular staff meetings of CITY staff and regular meetings of the CITY Commission.

M. The AIRPORT MANAGER shall, along with the CITY, develop and put in place airport rules and regulations consistent with FAA Order 5190.6B.

N. Consistent with Grant Assurance No. 24 (Fee and Rental Structure), the AIRPORT MANAGER shall be responsible to manage all revenue leases of AIRPORT property and shall maintain accurate and complete hangar rent receipt books.

Revenue from leases of AIRPORT property shall be transmitted to the CITY monthly, and the CITY shall keep the revenue in a special fund dedicated to airport operations.

O. The AIRPORT MANAGER shall be responsible for all activities related to AIRPORT leases, including renewal, issuance of new leases, enforcement of lease obligations and enforcing airport rules and regulations on the activities of leases.

The AIRPORT MANAGER shall be responsible for general enforcement of the airport rules and regulations on airport lessees, pilots and passengers, and any commercial service providers. The AIRPORT MANAGER shall not enter into leases permitting nonaeronautical use of any place on the property without FAA concurrence.
4 P. The AIRPORT MANAGER shall ensure that no single AIRPORT MANAGER has an exclusive right to use the facility pursuant to FAA Grant Assurance No. 24.

Q. The AIRPORT MANAGER shall coordinate with and assist authorized commercial providers in their operations at the AIRPORT.

R. The AIRPORT MANAGER shall provide, if called upon, information to the CITY Manager related to the operation of the AIRPORT that might be needed fore the CITY’S annual budget development process, and assist, if called upon, with questions related to airport operations and the airport budget or expenses that might arise as a part of the CITY’S or any funding source’s annual audit of the AIRPORT.

S. The AIRPORT MANAGER shall operate all equipment and property comprising the AIRPORT, including runways, taxiways, ramps, radio equipment, buildings, storage tanks, pumps, trucks, heavy equipment, mowers, airport lighting, airport signs and pavement markings, weather and navigational aids, parking lots and entry road (free of debris and snow), walkways, restroom facility, and other airport infrastructure, in good, safe and operational condition. All airport expenses reimbursable to Tech 45 by the City shall require City Manager approval prior to the purchase.

T. The AIRPORT MANAGER shall arrange for non-routine capital replacement of CITY equipment as agreed to or as directed by the CITY Manager.

U. The AIRPORT MANAGER shall prepare and submit all necessary documentation required for reimbursement for routine maintenance on CITY equipment at the AIRPORT that is performed each month. The AIRPORT MANAGER shall prepare a detailed invoice describing the maintenance performed, and the CITY shall reimburse the AIRPORT MANAGER for non-routine maintenance only after the CITY authorizes the AIRPORT MANAGER to perform the work.

V. The AIRPORT MANAGER shall make recommendations to the CITY concerning capital facilities and equipment acquisition and replacement, and submit the recommendations to the CITY on a quarterly basis.

W. The AIRPORT MANAGER shall make recommendations to the CITY concerning the acquisition of needed non-capital facilities, supplies, consumables and services, for which reimbursement is expected, and submit to the CITY from time-to-time as needed.

X. The AIRPORT MANAGER agrees to reinvest the sum of $60,000.00 into the airport for upkeep and improvements at the discretion of Tech 45 during the term of the agreement. This spending shall be verified by the City via receipts or statements at the close of the contract.

Y. The AIRPORT MANAGER shall cooperate with the CITY’S airport engineering firm with its long-term and infrastructure planning efforts and capital projects at the AIRPORT.
5 Z. The AIRPORT MANAGER shall attend meetings of the Airport Advisory Board once established, in-person or by teleconference, and advise the CITY Manager on any items for discussion or business to include on the agenda; the AIRPORT MANAGER shall make presentations of interest which include the number of operations, fuel sold, passenger enplanements, airport planning and development, and other topics of timely interest.

AA. The AIRPORT MANAGER shall inspect the AIRPORT on a regular basis, including but not limited to runways, taxiways, ramps and parking areas, to ensure the AIRPORT is in safe condition for aeronautical activities.

BB. The AIRPORT MANAGER shall regularly inspect fuel storage and dispensing equipment for leaks and safe operation, including dispensing vehicles, fuel farms, fuel pumps, and any variances from required safety and environmental standards shall immediately be reported to the owner of the equipment and the CITY.

CC. The AIRPORT MANAGER shall ensure prompt cleaning and removal of all foreign objects and debris, soil, stones, and other hazards to aircraft or aviation from the runways, taxiways, ramps, and aircraft parking areas.

DD. The AIRPORT MANAGER shall issue and cancel all required notices to the FAA, State and local authorities pertaining to airport operations and safety (NOTAMs).

EE. The AIRPORT MANAGER shall not permit the use of the AIRPORT to be used for any illegal or unauthorized purpose, or any hangar, vehicle or equipment for any illegal or unauthorized use.

FF. All CITY equipment shall remain on the AIRPORT and not be used for personal use or gain, or any purpose other than the operation of the AIRPORT and AIRPORT MANAGER’s personnel shall be trained and, when appropriate, licensed and insured for the operation of the equipment they use.

GG. The AIRPORT MANAGER shall perform all the tasks set forth herein under the general supervision of the CITY.

HH. The AIRPORT MANAGER shall operate and manage the parking lot at the AIRPORT.

II. The AIRPORT MANAGER owns sole rights to all processes, forms, procedures, advertising and media produced and maintained for the AIRPORT other than those required by local, State or federal regulations.

JJ. The AIRPORT MANAGER owns sole rights to all equipment and assets procured and paid for solely by Tech 45 Airport Management with its own funds. 6 Section 3. Assignment or Sale
A. The AIRPORT MANAGER shall not assign this Agreement or any right hereunder to any person, corporation, or association without the prior written approval of the CITY. The AIRPORT MANAGER shall not sell or transfer this Agreement to any person, corporation, or association, without the prior written approval of the CITY.

Any such assignment shall be grounds, at the option of the CITY, for the CITY to immediately terminate this Agreement.

B. This Agreement may be terminated by either the CITY or the AIRPORT MANAGER if either fails to materially abide by the terms and conditions expressed herein, or by mutual agreement and consent of both parties in writing. Should the AIRPORT MANAGER file for bankruptcy or the AIRPORT MANAGER be deemed incompetent, or dissolve, this Agreement shall immediately terminate. In the event the AIRPORT MANAGER uses the CITY’S AIRPORT property for any illegal or unauthorized purpose, files for bankruptcy, abandons or leaves the property vacant or unoccupied for fourteen (14) consecutive days, or violates any of the terms and conditions of this Agreement, the CITY has the right to terminate this Agreement and retake possession of its AIRPORT property under the control and lease of the AIRPORT MANAGER.

C. At the termination of this Agreement (unless extended by actual written acceptance), either by normal expiration, premature termination, or mutual agreement, the AIRPORT MANAGER shall peaceably vacate the Airport. Any furniture or equipment entrusted to the AIRPORT MANAGER shall be returned to the CITY in the same condition as it was when issued, normal wear expected.

D. The PARTIES HERETO may provide written notice to the other Party not less than sixty (60) days of their intention to not renew or terminate this Agreement under any circumstance.

Section 4. Airport Manager Insurance Requirements
A. AIRPORT MANAGER shall, during the entire Term of this Agreement, maintain the following insurance, as an Airport operating expense to this Agreement, for the mutual benefit of CITY and AIRPORT MANAGER, under policies naming CITY as an additional insured, in such amounts and kind as are reasonably satisfactory to CITY. The Parties agree that said coverage will include, at a minimum:

1. Airport Liability Insurance. A policy of airport liability insurance, providing coverage for, among other things, airport operations, blanket contractual liability, Airport, products/completed operations, and personal injury coverage.

2. Comprehensive Auto Liability Insurance. A policy of auto liability insurance endorsed for all owned, non-owned and hired vehicles with a combined single limit of at least One Million Dollars ($1,000,000). 7 3. Workers’ Compensation Insurance. A program of workers’ compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including employers’ liability covering all persons providing services on behalf of AIRPORT MANAGER and all risks to such persons under this Agreement.

4. Builder’s Risk Insurance. Before commencement of any demolition or construction work, AIRPORT MANAGER shall procure a policy of builder’s “all risk” insurance including vandalism and malicious mischief coverage, in a form and with a company reasonably acceptable to CITY, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor’s, subcontractor’s, and construction manager’s tools and equipment and property owned by contractor’s or subcontractor’s employees (“Builder’s Risk Insurance”), said insurance to be maintained in force until completion and acceptance of the work.

B. Review of Insurance Requirements. The amount and types of insurance to be maintained pursuant to this Agreement shall be reviewed by CITY and AIRPORT MANAGER at reasonable intervals to consider whether, in CITY’s reasonable discretion, the amount of coverage shall be increased or decreased and whether the type of coverage should be modified.

C. Policy Provisions. All insurance required under this Agreement shall be effected under valid enforceable policies issued by insurers of recognized responsibility and licensed to do business in the State of California. Such insurance shall be provided by a company (or companies) having a general policyholder’s rating in Best’s Rating Guide of A- or better. Certificates evidencing all such policies shall be delivered to CITY. AIRPORT MANAGER shall use its best effort to obtain insurance policies that contain language as follows: (i) a non­ cancellation clause except upon no less than 30 days’ prior written notice: (ii) a waiver by the insurer of the right of subrogation against CITY; and (iii) the policies are primary and noncontributing with any insurance that may be carried by AIRPORT MANAGER.

1. All policies of insurance required herein shall name CITY and AIRPORT MANAGER as the insureds as their respective interests may appear.

Subject to the provisions and limitations herein set forth, all Builder’s Risk Insurance policies shall also provide, if required by either Party hereto, for any loss thereunder to be payable to any mortgagee as their respective interests may appear, pursuant to a standard mortgagee clause or endorsement The loss, if any, under said Builder’s Risk Insurance policies shall be adjusted by AIRPORT MANAGER with the insurance companies.

2. Any loss paid under Builder’s Risk Insurance to AIRPORT MANAGER shall be held by AIRPORT MANAGER in trust for application first to the restoration of the Airport (with any balance remaining thereafter to become CITY’s sole property, subject, however, to the rights of any mortgagee). 8 3. AIRPORT MANAGER shall be entitled to maintain any of the insurance, required pursuant this Section 4, under a blanket policy or policies of insurance that covers other properties owned, leased and/or operated by AIRPORT MANAGER or its affiliates, provided that no insurance required hereunder is limited, decreased or modified as a result thereof (whether as the result of any co-insurance, excess coverage or other term or provisions of such blanket policy).

D. Waiver of Subrogation. AIRPORT MANAGER hereby waives its right of recovery against CITY for any loss covered by insurance policies required by this Agreement, to the extent of the insurance coverage is actually provided thereby.

E. Indemnification. AIRPORT MANAGER agrees to indemnify, defend, and save harmless, CITY, and CITY’s agents, officers, employees, and contractors from and against any and all claims, liabilities, expenses, damages, costs (including, but not limited to, litigation costs and attorneys’ fees) arising from or connected to AIRPORT MANAGER’s conduct, acts or omissions under this Agreement except to the extent those claims arise from the conduct, acts or omissions of CITY, its officers, agents, or employees. However, if the CITY consents to AIRPORT MANAGER’s assignment of the AIRPORT MANAGER’s interest in the Agreement, AIRPORT MANAGER has no obligation to indemnify, defend, or save harmless, CITY, or CITY’s agents, officers, employees, and contractors from or against any and all claims, liabilities, expenses, damages, costs (including, but not limited to, litigation costs and attorneys’ fees) arising from or related to the Agreement following such assignment date.

Section 5. Termination
A. This Agreement may be terminated prior to the Contract End Date by either the CITY or the AIRPORT MANAGER if either fails to materially abide by the terms and conditions expressed herein, or by mutual agreement and consent of both parties in writing. Should the AIRPORT MANAGER file for bankruptcy or the AIRPORT MANAGER be deemed incompetent, or dissolve, this Agreement shall immediately terminate. In the event the AIRPORT MANAGER uses the CITY’S AIRPORT property for any illegal or unauthorized purpose, files for bankruptcy, abandons or leaves the property vacant or unoccupied for fourteen (14) consecutive days, or violates any of the terms and conditions of this Agreement, the CITY has the right to terminate this Agreement and retake possession of its AIRPORT property under the control and lease of the AIRPORT MANAGER.

B. At the termination of this Agreement (unless extended by actual written acceptance), either by normal expiration, premature termination, or mutual agreement, the AIRPORT MANAGER shall peaceably vacate the AIRPORT. Any furniture or equipment entrusted to the AIRPORT MANAGER shall be returned to the CITY in the same condition as it was when issued, normal wear expected. 9 C. The Parties hereto may provide written notice to the other Party not less than sixty (60) days of their intention to not renew or terminate this Agreement under any circumstance.

Section 6. Notices
A. Written Notices. All written notices or demands of any kind which either Party may be required or may desire to serve on the other in connection with this Operating Agreement must be served (as an alternative to personal service) by registered or certified mail, shall be deposited in the United States mail with postage thereon fully prepaid, and addressed to the Party to be served as follows:

1. If the Party so to be served be City, address City at:

City of California City
21000 Hacienda Blvd
California City, CA 93505
Attention: City Manager

2. If the Party so to be served be Operator, address Operator at:

Tech 45 Airport Management LLC
19604 Brite Valley Road
Tehachapi, CA 93561
Attention: Chad Andrew Rosacker
B. Service. Each service of any such notice or demand so made by mail shall be deemed complete on the day of actual delivery as shown by the addressee’s registry or certification receipt, or at the expiration of the fourth day after the date of mailing, whichever is earlier in time.

If requested in writing, any mortgagee may request (which request shall be made in the manner provided above, as between the Parties, and shall specify an address to which notices or demands shall be given or made) any such notice or demand also be given or made in the manner herein specified and contemporaneously to such holder.

Either Party may designate by notice, in writing and in the manner specified above, a new or other address to which such notice or demand shall thereafter be so given or made.

Section 7. Hazardous Substances
A. Definitions. The following terms shall have the meanings set forth in this paragraph:

1. Applicable Requirements shall mean all laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, permits, the 10 requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of CITY’s engineers and/or consultants, relating in any manner to the Airport now in effect or which may hereafter come into effect.

2. Hazardous Substance shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the AIRPORT, is either: (i) potentially injurious to the public health, safety or welfare, or the environment, or the AIRPORT; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of CITY to any governmental agency or third party under any Applicable Requirements or common law theory. Hazardous Substance shall include, but not be limited to aviation fuel, hydrocarbons, petroleum products, gasoline, crude oil or any products or by-products thereof.

3. Reportable Use shall mean the installation or use of any above or below ground (i) storage tank; (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority; and (iii) the presence in, on or about the AIRPORT of a Hazardous Substance with respect to which any Applicable Requirements require that a notice be given to persons entering or occupying the Airport or neighboring properties.

B. AIRPORT MANAGER’s Covenants. AIRPORT MANAGER, as an AIRPORT operating expense, shall comply with any and all the Applicable Requirements with respect to Hazardous Substances, including but not limited to the following:

1. California Health & Safety Code, Division 20, Chapters 6.5, Hazardous Waste Control (inclusive); 6.7, Underground Storage of Hazardous Substances (inclusive); and 6.95, Hazardous Materials Release Response Plans and Inventory (inclusive);

2. California Code of Regulations Title 22, Division 4.5; Title 23, Division 3, Chapter 16, Underground Storage Tank Regulations; and

3. Title 6, Chapter 7, entitled “Hazardous Materials Disclosure”, Fire Protection and Explosives and Hazardous Materials”, and Title 6, Chapter 2, entitled “Waste Management” of the California City Municipal Code.

AIRPORT MANAGER shall not engage in, and shall use best efforts to ensure that AIRPORT tenants and invitees do not engage in, any activity in or about the AIRPORT which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of CITY and compliance in a timely manner with 11 all Applicable Requirements. Notwithstanding the foregoing, AIRPORT MANAGER may, without CITY’s prior consent, but upon notice to CITY and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by AIRPORT MANAGER in the normal course of the use of the AIRPORT, so long as such use is not a Reportable Use and does not expose the AIRPORT or neighboring properties to any meaningful risk of contamination or damage or expose CITY to any liability therefore. CITY may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by AIRPORT MANAGER upon AIRPORT MANAGER’s giving CITY such additional assurances as CITY, in the reasonable discretion of the City Manager, deems necessary to protect itself, the public, the Airport and the environment against damage, contamination or injury and/or liability therefore, including, but not limited to, the installation (and, at CITY’s option, and AIRPORT MANAGER’s sole cost and expense) of reasonably necessary protective modifications to the Airport. AIRPORT MANAGER shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the AIRPORT (including, without limitation, through the plumbing or sanitary sewer system).

C. Duty to Inform CITY. If AIRPORT MANAGER knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Airport or the Airport, other than as previously consented to by CITY, AIRPORT MANAGER shall immediately give CITY notice thereof, together with a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action, or proceeding given to, or received from, any governmental authority or private party concerning the presence, spill, release, discharge of, or exposure to, such Hazardous Substance including, but not limited to, all such documents as may be involved in any Reportable Use involving the Airport to be followed up in writing within two (2) days.

D. Indemnification. AIRPORT MANAGER shall indemnify, protect, defend and hold CITY, its agents and employees, and the AIRPORT, harmless from and against any and all damages, liabilities, judgments, costs, claims, liens, expenses, penalties and loss of permits (including CITY’s attorneys’ and consultants’ fees) arising out of or involving any Hazardous Substance brought onto the AIRPORT by or for AIRPORT MANAGER or by anyone under AIRPORT MANAGER’s control.

AIRPORT MANAGER’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by AIRPORT MANAGER, and the cost of investigation (including consultants’ and attorneys’ fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Agreement.

No termination, cancellation or release agreement entered Into by CITY and AIRPORT MANAGER shall release AIRPORT MANAGER from its obligations under this Agreement with respect to Hazardous Substances, unless specifically so agreed by CITY in writing at the time of such agreement. 12 Section 8. Miscellaneous Terms
A. This Agreement is the entire Agreement between the parties hereto and no statement, remark, agreement, or understanding, either oral or written, not contained herein shall be recognized or enforced, except that this Agreement may be modified by written addendum hereto attached and signed by both parties.

B. This Agreement shall be governed by the laws of the State of California, the City of California City, and the regulations and grant assurances of the FAA, and construed thereunder, and venue of any action brought under this Agreement shall be in Superior Court of California, County of Kern, or the Federal District Court for the Eastern District of California, as appropriate.

C. If any section, paragraph, sentence or phrase entered in this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, such illegal or unenforceability shall not affect the remainder of this Agreement which can be given effect without the illegal or unenforceable section, paragraph, sentence, or phrase and to this end, the provisions of this Agreement are declared to be severable.

D. The Parties hereto enter into this Agreement as independent contractors and no agent, employee or contractor of one shall be deemed the employee of the other.

E. This Agreement is solely for the benefit of the Parties hereto and their successors and assigns; this Agreement shall therefor not be construed to confer upon or give to any third party any remedy, claim, liability, reimbursement, cause of action, or status as a third-party beneficiary.

F. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party seeking the waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant or condition.

G. CITY understands that AIRPORT MANAGER may submit this Agreement to the FAA to allow the FAA to review the Agreement and note any terms that are inconsistent with FAA policy. However, it is stated FAA policy not to “approve” agreements between third parties, and this Agreement is not contingent on an FAA statement of approval.
[Signatures Appear on Following Page]
[Remainder of Page Intentionally Left Blank]
13 IN WITNESS WHEREOF, CITY and AIRPORT MANAGER have executed this Agreement as of the day and year first above written.
“CITY” CITY OF CALIFORNIA CITY,
a municipal corporation
By:

Name:

Title:
“AIRPORT MANAGER” TECH 45 AIRPORT MANAGEMENT, LLC, a
California limited liability company
By:

Chad Andrew Rosacker, Manager
4890-1617-3548 v3 Page 1 of 10
RIV #4862-3787-1256 v1 DRAFT

EMPLOYMENT AGREEMENT
For the Position of

CITY MANAGER
This Employment Agreement for the Position of City Manager (“Agreement”) is made and entered into this 8th of October, 2024, by and between the CITY OF CALIFORNIA CITY ("CITY"), a California municipal corporation and general law city, and CHRISTOPHER LOPEZ (“LOPEZ”), an individual, on the following terms and conditions set forth below.

Both CITY and LOPEZ may individually be described as a “Party” or jointly described as the “Parties.”

RECITALS
A. CITY desires to employ the services of LOPEZ as its City Manager, to carry out the duties and responsibilities of City Manager as defined herein and in the CITY’s Municipal Code.

B. LOPEZ desires to accept employment as City Manager in consideration of, and subject to, the terms, conditions, and benefits set forth in this Agreement.

C. CITY has selected LOPEZ after an extensive competitive recruitment process, including review of resumes and related materials from numerous potential candidates, and interview with the full City Council.

OPERATIVE PROVISIONS
In consideration of the terms, conditions, promises and agreements herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. LOPEZ accepts employment with CITY as its City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. LOPEZ shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that the City Manager shall keep the City Council fully informed of all significant ongoing operations of CITY. Toward that end, LOPEZ shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY.

1.2 Commencement Date / Period of Employment. The Parties agree that this Agreement shall commence and will be effective as of October __, 2024, provided that and subject to, approval of the Agreement by CITY’s City Council, execution of the Agreement by LOPEZ and CITY’s Mayor, and LOPEZ’s successful completion of a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider as determined by CITY Human Resources, no later than fourteen (14) calendar days after execution of this Agreement. The Parties agree that the effective date 4890-1617-3548 v3 2

in this paragraph 1.2 may be delayed subject to the City’s receipt of LOPEZ’s background report following the Live Scan, the City taking reasonable time to review such report, and the City’s determination that LOPEZ does not have a disqualifying conviction. LOPEZ shall serve as City Manager for an initial term of three (3) years and up to two (2) one (1) year extensions upon agreement of the Parties, subject to either of the Parties terminating the Agreement as provided in Section 6 [Termination] of this Agreement.

1.3 At-Will. LOPEZ acknowledges that he is an at-will employee of CITY who shall, at all times, serve at the pleasure of the City Council during the period of his service hereunder. The terms of CITY’s Personnel Manual, memoranda of understanding, or collective bargaining agreements (collectively “Personnel Policies”), except as otherwise specifically provided in this Agreement to the contrary, shall not apply to LOPEZ, and nothing in this Agreement is intended to, or does, confer upon LOPEZ any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment as City Manager, except as is expressly provided in Section 6 [Termination] of this Agreement.

Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of LOPEZ as City Manager as provided in Section 6 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of LOPEZ to resign at any time from the position of City Manager with CITY, subject only to the provisions set forth in Section 6 [Termination] of this Agreement.

1.4 Duties. LOPEZ shall serve as CITY’s City Manager and shall be vested with the powers, duties and responsibilities of the City Manager set forth in the CITY’s municipal code, as may be amended from time to time, the terms of which are incorporated herein by reference, and as set forth in the Job Description for the position of City Manager attached hereto and incorporated hereby by reference as Exhibit “A". Any conflict between rights, obligations, duties or terms this Agreement and the CITY’s municipal code shall be resolved in favor of this Agreement. It is the intent of the City Council that LOPEZ act as City Manager of CITY’s organization. Without additional compensation, LOPEZ shall provide such other services as are customary and appropriate to the position of City Manager, including additional services assigned from time to time by the City Council as may be consistent with California law and the CITY’s municipal code. LOPEZ shall devote his best efforts and full-time attention to the performance of these duties.

1.5 Hours of Work. LOPEZ shall devote the time necessary to adequately perform his duties as City Manager. The Parties expect that a minimum of forty (40) hours per week during regular business hours, as well as additional time outside of the normal business hours, will be required to satisfy this requirement. Toward that end, LOPEZ shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of such hours delivers adequate availability to the City Council, CITY staff, and members of the community during normal CITY business hours and for the performance of his duties and of CITY business. The position of City Manager shall be deemed an exempt position under California wage and hour law and under the federal Fair Labor Standards Act. 4890-1617-3548 v3 3

LOPEZ’s compensation (whether salary or benefits or other allowances) is not based on hours worked and LOPEZ shall not be entitled to any compensation for overtime.

1.6 Regional and Professional Activity. The City Council desires LOPEZ to be reasonably active in national, statewide, regional and professional organizations that will contribute to City Manager’s professional development and standing and that will contribute to the advancement of CITY’s interests and standing. Toward that end, LOPEZ may, upon advance approval by the City Council, undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California League of Cities, the International City/County Management Association, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect his employment as City Manager or the performance of his duties as provided herein and have been approved in advance by the City Council. CITY agrees to budget and pay for the dues and subscriptions of the City Manager necessary for his participation in national, statewide, regional and professional organizations that have been approved by the City Council. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, LOPEZ’s reasonable and necessary travel, business and subsistence expenses for the activities described herein.

1.7 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, LOPEZ shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of LOPEZ’s duties as City Manager.

1.8 Reimbursement. CITY shall reimburse LOPEZ for reasonable and necessary travel, subsistence and other business expenses incurred by LOPEZ in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and relevant CITY policies.

2. Compensation.

2.1 Base Salary. LOPEZ shall receive an annual base salary of one hundred ninety thousand dollars and no cents ($190,000.00) paid on a pro-rated basis according to the bi-weekly payroll schedule in place for CITY employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs.

2.2 Adjustments to Compensation. Any adjustment in compensation, including base salary, COLA, merit increases, adjustment in benefits or other compensation shall be solely at the discretion of the City Council. The Parties agree that LOPEZ will receive the same COLA adjustments as employees in the Miscellaneous bargaining group, as may be 4890-1617-3548 v3 4

approved by City Council. Adjustments to LOPEZ’s compensation are not governed by or subject to CITY’s Personnel Policies. All adjustments in compensation are subject to approval by the affirmative majority vote of the City Council voting on the item at a duly noticed and agendized public meeting. Adjustments to compensation are also subject to LOPEZ satisfactorily completing, in the determination of the City Council, an annual performance evaluation, to be conducted and completed by the last regular Council meeting in October of each year. Should the Parties not be able to perform the evaluation in October, it shall be conducted at the soonest agreeable date for the Parties.

3. Benefits.

3.1 Benefit Group. CITY will provide LOPEZ benefits consistent with those provided to CITY at-will management employees, including health, dental, vision, and disability insurance benefits, except as expressly stated herein to the contrary.

3.2 Vacation. Upon the Commencement Date, LOPEZ shall be credited with one hundred-ten (110) hours of vacation leave, which shall continue to accrue at 4.23 hours per pay-period. Any unused, accrued vacation not in excess of 160 hours shall roll over to the next calendar year. Any hours in excess of 160 hours remaining in LOPEZ's vacation leave bank on June 30, of each calendar year while this Agreement is in effect, shall be paid to him at his current rate of pay.

3.3 Sick Leave. Upon the Commencement Date, LOPEZ shall be credited with eighty (80) hours of sick leave, which shall continue to accrue at four (4) hours per payperiod. Accrued Sick Leave shall roll over from year-to-year subject to a cap of one hundred (100) hours. Unused sick leave shall have no cash value upon separation of employment.

3.4 Executive Leave. Upon the Commencement Date, LOPEZ will be credited with one-hundred (100) hours of Executive Leave. Subject to the accrual cap provided in this subsection, 100 (100) hours of Executive Leave shall be credited annually on the Agreement’s anniversary date. Accrual of Executive Leave is capped at one hundred (100) hours. Unused Executive Leave shall have no cash value upon separation of employment.

3.5 Bereavement Leave. In the event LOPEZ is absent from work by reason of a death in the immediate family, he may be allowed a leave of absence with pay. LOPEZ may be allowed up to five (5) cumulative working days, or forty (40) hours, per occurrence.

Such leave will not be deducted from LOPEZ’s sick leave. Bereavement leave shall have no cash value upon separation of employment. “Immediate family” under this subsection means: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent in law.

3.6 Holidays. LOPEZ shall receive paid City holidays in the same manner as other at-will management employees and such hours shall not be deducted from any leave bank.

4. Retirement Benefits.
4890-1617-3548 v3 5

4.1 Benefit Formula and Employee Contribution. CITY intends to maintain its current retirement plan with the State of California’s Public Employees Retirement System (“CalPERS”) and to include LOPEZ thereunder consistent with relevant state law and shall receive the same PERS benefit provided to non-sworn CITY employees.

4.2 Deferred Compensation. LOPEZ shall be entitled to participate in the City's deferred compensation plan. The City further agrees to contribute to LOPEZ’s deferred compensation plan 5% of his base salary per pay period subject to the terms and conditions of the City’s 457 plan and any other limitations as set by law. LOPEZ will be immediately vested in all contributions made under this paragraph.

5. Miscellaneous Benefits.

5.1 Assigned City Take-Home Vehicle. During the period of employment, CITY will provide LOPEZ a CITY-owned vehicle assigned to him for his business use, including travel to and from his residence and work, but not including personal use, except for incidental personal use during work hours or during commute times. CITY shall pay for all eligible fuel costs, premiums for a policy of auto liability coverage, and regular maintenance and repair and shall otherwise keep the vehicle in good working condition. LOPEZ shall obey all traffic laws relating to operation of motor vehicles and shall use due care and caution in its operation and report any damage or accident involving the Take-Home Vehicle promptly to CITY risk management. LOPEZ shall be responsible for damage, including costs of repair, to the Take Home Vehicle caused by negligence or violation of state law.

5.2 Related Business Equipment. CITY shall issue LOPEZ a CITY-owned cellular phone to be utilized for CITY business purposes. CITY shall pay the associated data plan.

6. Termination.

6.1 By LOPEZ. LOPEZ may terminate this Agreement for any reason, and at any time, by providing CITY with forty-five (45) days prior written notice.

6.2 By CITY Not-for-Cause. LOPEZ is an at-will employee serving at the pleasure of the City Council. Accordingly, the City Council may terminate this Agreement at any time by a majority vote of its members with forty-five (45) days prior written notice. No further salary or benefits shall be paid after the date of termination of this Agreement except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which LOPEZ may otherwise be entitled to receive under the law.

The City Council may not, however, remove LOPEZ during the 180-day period preceding or following any City election for membership on the City Council, or during the 180-day period following any change in membership of the City Council, except upon unanimous vote of the City Council or for cause as defined more fully below. 4890-1617-3548 v3 6

6.3 Severance. In the event the City Council terminates this Agreement not-forcause, LOPEZ shall be entitled to six (6) months’ base salary or the remainder of the term of this Agreement, whichever is less.

6.4 By CITY for Cause. CITY may immediately terminate this Agreement at any time by providing LOPEZ written notice of his termination for cause. No Severance or any further salary shall be paid in the event LOPEZ’s employment is terminated for cause except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which LOPEZ may otherwise be entitled to receive under the law. For purposes of this Agreement, cause for termination shall be deemed to exist where:
(1) LOPEZ is convicted of any misdemeanor or felony under state or federal law;
(2) LOPEZ commits any flagrant act of dishonesty or any act involving moral turpitude, which materially and adversely affects the image of the City or the ability of the City Manager to execute his duties or his ability to lead City employees; (3) LOPEZ commits gross negligence in the performance of any of his City Manager duties. Mere inefficiency or good faith errors in judgment or discretion shall not constitute “gross negligence”;
(4) LOPEZ’s abuse of drugs or alcohol that materially and adversely impacts his ability to perform his duties as City Manger;
(5) LOPEZ repeatedly is absent from work without prior
authorized excuse;
(6) LOPEZ breaches any material term of this Agreement; (7) LOPEZ commits a violation of the CITY’s Municipal Code; (8) LOPEZ commits a material failure to disclose information regarding the business or operation of the CITY that hinders or impairs the City Council’s ability to make informed decisions on projects, policies or legislative actions, or;
(9) LOPEZ commits a material failure to follow clear and legal directives of a majority of the City Council provided in a duly noticed public meeting, including closed session.
4890-1617-3548 v3 7

LOPEZ expressly waives any rights to any form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except when LOPEZ has a California or federal constitutional right to a name-clearing hearing.

6.5 Termination Obligations. LOPEZ agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined in Section 7), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of LOPEZ’s employment. LOPEZ’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.

6.6 Benefits Upon Termination. All benefits to which LOPEZ is entitled under this Agreement shall cease upon LOPEZ’s termination, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to LOPEZ, or unless otherwise required by law.

6.7 Reimbursement Under Certain Circumstances. LOPEZ acknowledges that Government Code Sections 53243 through 53243.4, inclusive, may require LOPEZ to reimburse CITY for certain payments made by CITY to LOPEZ during the term of his employment with CITY should he be convicted of a crime within the meaning of Section 53243.4.

7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by CITY, LOPEZ shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, LOPEZ shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. LOPEZ’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

8. Conflict Of Interest.

LOPEZ represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, 4890-1617-3548 v3 8

which would conflict in any manner or interfere in any way with performance of his services under this Agreement.

9. General Provisions.

9.1 Vehicle Operation. LOPEZ shall operate any vehicle used in connection with the performance of his duties as City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile driver’s license during the period of employment.

9.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in LOPEZ’s personnel file. LOPEZ agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

City’s Notice Address:

City of California City
21000 Hacienda Blvd.

California City, CA 93505
Attn: Mayor and City Council
City Manager’s Address:
[Deliver to last updated address in
personnel file.]

9.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Gov. Code § 810 et seq.], CITY will indemnify, defend, and hold LOPEZ harmless from and against any claim, action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during LOPEZ’s tenure as City Manager (“Matters”). This indemnification obligation shall survive expiration and termination of this Agreement only as to those Matters occurring during the term of the Agreement, and for which the corresponding claim, action, demand, suit, monetary judgment or other legal or administrative proceeding occurs or continues after the expiration or termination of this Agreement.

9.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance.

9.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of LOPEZ’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of LOPEZ, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to LOPEZ and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
4890-1617-3548 v3 9

9.6 Amendments. This Agreement may not be amended except in a written document signed by LOPEZ, approved by the City Council, and signed by CITY’s Mayor.

9.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

9.8 Assignment. LOPEZ shall not assign any rights or obligations under this Agreement.

9.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

9.10 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

9.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Kern County, State of California.

9.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

9.13 Acknowledgment. LOPEZ acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and LOPEZ has signed and executed this Agreement, as of the date first indicated above.

CITY MANAGER

Christopher Lopez

CITY OF CALIFORNIA CITY

Kelly Kulikoff, Mayor
4890-1617-3548 v3 10

ATTEST:

Leanndrea Weible , City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP

Victor Ponto, City Attorney
4879-4072-7532 v1
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, APPOINTING

CHRISTOPHER LOPEZ AS CITY MANAGER AND

UPDATING THE SALARY SCHEDULE
WHEREAS, the City Council of the City of California City (“City”) proposes to, and hereby does by this resolution, enter into an employment agreement (“Agreement”) with Christopher Lopez to serve as the City’s City Manager, subject to successful completion of the background check as provided in paragraph 1.2 of the Agreement. The Agreement is attached hereto as Exhibit “A”;
WHEREAS, title 2 of the California Code of Regulations, section 570.5, requires that the City publishes an accurate salary schedule that provides salary ranges for each authorized classification; and
WHEREAS, by adoption of this resolution, the City intends to enter into the Agreement with Mr. Lopez and comply with the necessary regulations of the Public Employees’ Retirement Law by providing an accurate salary schedule.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby incorporates the above recitals herein by reference.

SECTION 2. The City Council hereby appoints Christopher Lopez as City Manager upon Mr. Lopez’s successful completion of the background check as provided in paragraph 1.2 of the Agreement, and approves the Agreement attached hereto as Exhibit “A” and authorizes the Mayor to execute the Agreement.

SECTION 3. The City Council hereby approves and adopts a revised salary schedule as required by law. Modified portion of the revised salary schedule is attached hereto as Exhibit “B.”
PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024.

Kelly Kulikoff, Mayor
4879-4072-7532 v1
ATTEST:

Leanndrea Weible, City Clerk
APPROVED AS TO FORM:

Victor Ponto, City Attorney
4879-4072-7532 v1

STATE OF CALIFORNIA

COUNTY OF KERN

CITY OF CALIFORNIA CITY
I, Daryl Betancur, City Clerk of the City of California City, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of California City held on the __________ day of ____________________.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.

Votes on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of California City this _____ day of ____________________.

Daryl Betancur, City Clerk
ITEM NO. NB

COUNCIL AGENDA ITEM
October 22, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Water Loss Reports Audit Validation Proposals
BACKGROUND/ DISCUSSION:

Water loss control represents the efforts of water utilities to provide accountability in their operation by reliably auditing their water supplies and implementing controls to minimize system losses. Utilities incur real losses from pipeline leakage and apparent losses when customer water consumption is not properly measured or billed.

Water loss management is a critical issue for water agencies in California. Drought, aging infrastructure, depleted groundwater resources, and more have led to mandatory water management measures. One such measure is the California water loss audit. The state requires under Senate Bill 555 that all urban water agencies meeting certain criteria to submit annual water loss audit reports. The audit reports must adhere to standards set by the American Water Works Association. The mandatory audits are a concerted effort to track water losses associated with urban water distribution systems and to identify areas for efficiency improvement and cost recovery from real water losses.

The City is in the process of getting caught up with its Water Loss Reports. The City had submitted reports for 2016, 2017, 2018, and 2019. Although the City submitted the reports, the State did not approve them. In 2021, the state asked that before the City submits its 2020 Water Loss Report, it go back and fix the reports already submitted. Staff was able to get all the reports up to 2019 resubmitted and approved by the State in 2023. The 2019 Water Loss Report was complicated to correct because the data was invalid, and our billing software could not correct the data in the same month. However, the staff found a way to fix the data and believed the state would accept it. To complete the 2019 Water Loss Report submission, the City must validate it.

The City put out an RFP to have a proposal submitted to hire a firm or individual to validate all the reports that need to be submitted (2019-2024).

Two proposals were received. City Staff is comfortable with either party doing the validation.

Blua's proposal is the lowest, at $1,200 per year.

FISCAL IMPACT:

Water Fund GL# 51-5115-630- Contracts $7,200.

RECOMMENDATION: Staff recommends that the City Council approve Blua’s Proposal for $1,200 per Audit (year), for a total of $7,200.

ATTACHMENTS:

1. RFP for Landscape Services

2. Proposal from Blua

3. Proposal from Cavanaugh

REQUEST FOR PROPOSAL

PREPARED FOR
City of California City

PREPARED BY
Water Loss Reports
Validation Service
September 27, 2024
Cavanaugh and Associates, P.A.

PO Box 11197
Winston-Salem, NC 27116
1-877-557-8923
City of California City
ATTN: Joe Barragan
21000 Hacienda Boulevard
California City, CA 93505
Dear City of California City Team,
We are pleased to submit our response to the City’s Request for Proposal for Water Loss Reports Validation Services. We are excited about the opportunity to offer our services and expertise to the City and are confident that we meet the qualifications outlined in the RFP.

I hereby certify that all statements, information, and representations made in our response are true and correct to the best of my knowledge. Furthermore, I understand and acknowledge that this certification shall constitute a warranty, the falsity of which shall entitle the City to pursue any remedy authorized by law. This includes, but is not limited to, the right of the City, at its option, to declare any contract made as a result of our response to be void.

We appreciate the opportunity to work with the City of California City, and we are fully committed to providing high-quality services that align with the City’s goals. Should you require any further information or clarification, please do not hesitate to contact us.

In resource stewardship through innovation,

Drew Blackwell (RFP point of contact) Will Jernigan, P.E.

Director of Water Efficiency Chief Operations Officer
Cavanaugh Cavanaugh
[email protected] [email protected]

THE PROPOSAL
We propose to conduct six (6) Level 1 Validation reviews for the AWWA Water Audits for Calendar Years 2019-2024 (unless otherwise requested in a Calendar Year format), in compliance with the California Department of Water Resources (DWR) Water Audit Validation requirements. This proposal outlines the services to be provided, deliverables, and associated costs.

Water loss represents a critical challenge for utilities, directly impacting operational efficiency, revenue, and sustainability. As experts in water resource management and loss prevention, Cavanaugh provides comprehensive services to validate water loss reports, ensuring the accuracy and reliability of data for utilities to make informed decisions.

Our team of professionals brings extensive experience in water audits, leakage assessments, and regulatory compliance, helping utilities across the region reduce water loss and improve system performance.

Our proposal outlines the methodology Cavanaugh will employ to validate the water loss reports for California City. We will ensure that reported water loss data is verified with accuracy, transparency, and compliance with industry best practices.

Our water loss report validation process is structured around the American Water Works Association (AWWA) M36 methodology, which is widely recognized as the industry standard. We will utilize a systematic and data-driven approach to ensure that all components of the water loss report are accurately accounted for.

Following the completion of the validation process, we will compile a comprehensive report detailing the results of our validation efforts. The report will include:
• Validated Water Audit (AWWA FWAS version 6.0)
• Recommendations for improving water loss management
• Supporting documentation for regulatory compliance
o Completed Certified Validation Report Template, Part A: Provided by Validator o Link to Certified Validation Report Template, Part B: Provided by Utility

QUALIFICATIONS & EXPERIENCE
Founded in 1995, Cavanaugh is a nationally recognized consulting firm committed to Resource Stewardship through Innovation. For nearly three decades, we have partnered with utilities, municipalities, and states to deliver cutting-edge solutions for complex water resource challenges. Our expertise in water loss management has been particularly impactful in California, where we have been actively engaged since 2018.

In collaboration with Water Source Optimization (WSO) and the American Water Works Association (AWWA), Cavanaugh played a pivotal role in developing the Water Audit Validator Training Manual, a key resource in advancing water loss control efforts throughout the state. Our deep involvement in this initiative highlights our leadership and technical capabilities in water audit processes.

Currently, four members of our team are certified as California Water Audit Validators, bringing specialized knowledge and hands-on experience to every project. Moreover, Cavanaugh is an active partner in the ongoing education of water professionals, regularly conducting Water Audit Validator certification classes through the AWWA Cal/NV Section.

This commitment to education and capacity-building ensures that our team stays at the forefront of industry best practices, while also empowering water utilities across the state to enhance their water loss management programs.

Team Member California Water Audit
Validator Expiration Date
Drew Blackwell
19 years of experience
3/21/2027
Ashlee Hollifield, PE
11 years of experience
10/20/2026
Will Jernigan, PE
22 years of experience
3/21/2027
Larry Lewison
18 years of experience
7/19/2027

SERVICES TO BE PROVIDED & PRICING STRUCTURE

1. Client Responsibilities:
a. Provision of completed Calendar Year AWWA Water Audit in Excel format (Version 6.0)
b. Provision of required supporting documents as noted below in digital format, and any available supplemental data

2. Conduct Six (6) AWWA Water Audit Level 1 Validation Reviews:
a. All audits will be conducted using Version 6.0 of the AWWA Free Water Audit Software (FWAS).
b. Perform a comprehensive review of documents submitted for the AWWA Water Audit for each of the calendar years 2019-2024.
c. Validate the audit data by cross-referencing and evaluating the requisite supporting documentation provided by the California City staff using AWWA M36 methodology.
d. Ensure that all documentation and calculations meet the compliance standards set forth by California DWR.
e. Identify any discrepancies or areas needing improvement within the audit and offer recommendations for corrective actions.

3. Documentation Review and Validation:
a. The validation process will include the assessment of all necessary supporting documents, including but not limited to:
• Water Supply Data
• Consumption Data
• System Data
• Cost Data
b. Ensure that all records align with the M36 methodology for accurate and reliable water loss reporting.

Deliverables
For each Calendar Year AWWA Water Audit from 2019 to 2024, the following deliverables will be provided:

1. Validated AWWA Water Audit Report: A completed and validated water audit report for each calendar year, including details of findings, discrepancies (if any), and recommendations for improvement.

2. Supporting Documentation Review Summary: A summary report of the validation process, including an assessment of the supporting documents and any identified inconsistencies or data gaps.

3. Recommendations for Future Audits: Based on the findings of the validation, recommendations will be provided for improving data accuracy and audit performance in subsequent years.

Schedule and Timeline
The timeline will be based on the DWR schedule of due dates and scheduling of the calls will be based off of the availability of the California City team. Upon contract agreement, Cavanaugh will provide a scheduling link to the City and instructions to share supporting documentation.
• Audits for the years 2019-2022 will be completed by January 1, 2025 • Audit for 2023 will be completed prior to the DWR due date of January 1, 2025 • Audit for 2024 will be completed prior to the DWR due date of January 1, 2026.

Fees and Payment Schedule
The fee structure for this project is as follows:
• Per Validation: $3,000.00 for each calendar year water audit validation. • Total Project Fee: $18,000.00 (for six (6) Level 1 Validation reviews).

Payments will be invoiced upon completion and delivery of the validated audit reports and broken up into two invoices – one for 2019-2023 audit validations, one for 2024 audit validation. Any additional work or changes outside the outlined scope will be billed separately upon mutual agreement.

301 9th Street
Suite #100-145
Redlands, CA 92374
October 8, 2024
Joe Barragan
Public Works Director
California City
21000 Hacienda Boulevard
California City, CA 93505
Subject: Request for Proposal- Water Loss Reports Validation Services Dear Mr. Barragan,
I am pleased to submit this proposal to provide the City of California City with Level 1 Water Audit Validation services for audit years 2019, 2020, 2021, 2022, 2023, and 2024.

The following proposal details the tasks Blua Consulting LLC will undertake to support California City in complying with the provisions of Chapter 7 of Division 2 of Title 23 of the California Code of Regulations. All statements in this proposal are true and correct and shall constitute a warranty.

I appreciate your time and look forward to further discussing this proposal or my qualifications with you. Do not hesitate to reach out if you have any questions about this proposal or the Level 1 Validation process.

Sincerely,
Madeline Blua
Blua Consulting LLC
(951) 905-2196
[email protected]
Blua Consulting LLC 1
301 9th Street
Suite #100-145
Redlands, CA 92374
Proposal
Madeline Blua of Blua Consulting LLC will be directly and wholly responsible for the execution of all tasks defined in this scope of work. Blua Consulting LLC is a private, limited liability company with the following contact information:

Legal Name: Blua Consulting LLC
Contact Name: Madeline Blua
Phone Number: (951) 905-2196
Email: [email protected]
Address: 301 9th Street, Suite #100-145, Redlands, CA 92374 Scope of Work
Blua Consulting LLC will provide Level 1 Water Audit Validation services for audit years 2019, 2020, 2021, 2022, 2023, and 2024 to California City that include the following outcomes and tasks for each audit year.

Outcomes
● Review of provided summary data and methods that the supplier used to derive all audit inputs.
● Confirmation of the appropriate application of the AWWA water auditing methodology. ● Data validity grade assignment consistent with state-wide interpretations of the grading criteria.
● Interpretation of water audit key performance indicators and prioritization of next steps. ● Documentation of level 1 validation process and outcomes for submission to the Department of Water Resources (DWR) and reference during future water audit compilation and validation.

Tasks

1. Scheduling: A two-hour level 1 validation virtual meeting will be scheduled with all California City personnel contributing to the water audit’s compilation.

2. Audit and Supporting Document Transfer: The water audit and supporting documentation required for the level 1 validation will be requested and reviewed by Blua Consulting prior to the meeting.

3. Level 1 Validation: California City personnel and Blua Consulting will conduct the level 1 validation meeting.

4. Documentation: Blua Consulting will provide the updated Water Audit Software v6 and compile the necessary documentation to submit to DWR. Blua Consulting will also provide any recommendations identified to improve water loss management and data collection.

Blua Consulting LLC 2
301 9th Street
Suite #100-145
Redlands, CA 92374
Cost per Year
Level 1 Validation for audit year 2019…………………………………………………….... $1,200 Level 1 Validation for audit year 2020…………………………………………………...…. $1,200 Level 1 Validation for audit year 2021…………………………………………………….... $1,200 Level 1 Validation for audit year 2022…………………………………………………...…. $1,200 Level 1 Validation for audit year 2023…………………………………………………….... $1,200 Level 1 Validation for audit year 2024…………………………………………………...…. $1,200 Total: $7,200
Blua Consulting LLC 3
301 9th Street
Suite #100-145
Redlands, CA 92374
Qualifications and Experience
As the sole principal of Blua Consulting LLC, I hold the required AWWA Water Audit Validation Certification that meets the definition described in the California Code of Regulations: § 638.4.

Technical Qualifications for a Water Audit Validator. This certification is obtained after completing three days of specialized training and passing the associated exam. My certification is valid until July 19, 2027.

In addition to my certification, I have nearly 10 years of experience in the public sector, with five years spent at Yucaipa Valley Water District (YVWD). During my time as an employee at YVWD, I was responsible for completing the annual water audits and advising other departments on best practices to improve the validity score and minimize water loss throughout the distribution system. As California’s Urban Water Use Objectives are implemented, the significance of these audits become even more crucial. Through this experience, I can bring a deeper knowledge about the implications for water loss reporting and its role in these new conservation regulations. Along with my understanding of distribution systems, treatment facilities, meters, and the AWWA M36 Manual, I can advise California City on how to best improve water loss management and data collection.

Although not a requirement to perform Level 1 Water Audit Validation services, I also hold additional certifications that underscore my qualifications. I am a certified Level 1 Water Use Efficiency Practitioner and a Qualified Water Efficient Landscaper. These credentials highlight my proficiency in developing and implementing conservation programs for both indoor and outdoor water use, complying with conservation regulations, and creating strategies to meet Best Management Practices for non-residential customers, as mandated by the new conservation regulations. I also have experience preparing other reports such as SAFER, Urban Water Management Plans, and documentation associated with the Urban Water Use Objectives.

Should you require these services in the future, I would be pleased to submit a proposal.

If you have questions about my qualifications, you may reach out to me or any of my references which are included here. Thank you again for your consideration.

Blua Consulting LLC 4

Chris Mann
Division 1
Nyles O’Harra
Division 2
Jay Bogh
Division 3
Lonni Granlund
Division 4
Joyce McIntire
Division 5
12770 Second Street • Post Office Box 730 • Yucaipa, California 92399-0730 (909) 797-5117 • Fax: (909) 797-6381 • www.yvwd.dst.ca.us Mr. Joe Barragan
Public Works Director
City of California City
21000 Hacienda Boulevard
California City, CA 93505
Dear Mr. Barragan,
I am pleased to recommend Blua Consulting to conduct Water Audit Validations for California City. I had the pleasure of working with Madeline Blua during her tenure at Yucaipa Valley Water District from May 2019 until July 2024. I continue to work with Madeline through Blua Consulting.

Yucaipa Valley Water District contracted with Blua Consulting to assist with various district projects. For example, Ms. Blua is responsible for YVWD’s 2023 Level 1 Water Audit Validation.

Not only has she completed the AWWA Water Audit Validation Certification program, but she was also involved in several internal water audit’s for YVWD. In addition, YVWD has contracted with Blua Consulting to assist with well maintenance and water level monitoring, vegetation surveys and the maximum benefit creek monitoring program.

Madeline continues to demonstrate professionalism and attention to detail during her transition to consulting work. Her experience at YVWD has provided her with the expertise to effectively engage with numerous agencies and the various departments within these agencies. This is an integral skill to complete or validate a successful water audit.

I oversee the contract and services provided by Blua Consulting and would be happy to answer any questions regarding the work product of Blua Consulting. Please feel free to contact me at the number above.

Sincerely,
Jennifer Ares
1350 South “E” Street, San Bernardino, California 92408 P.O. Box 710, 92402 Phone: (909) 384-5141 FACSIMILE NUMBERS: Administration: (909) 453-6399 Customer Service: (909) 453-6396 Finance: (909) 453-6383 Engineering: (909) 453-6385 Corporate Yards: (909) 453-6389 Water Reclamation Plant: (909) 453-6395 Environmental & Regulatory Compliance: (909) 453-6391 Environmental Control: (909) 453-6394

CITY OF SAN BERNARDINO

MUNICIPAL WATER DEPARTMENT

CITY OF SAN BERNARDINO

WATER BOARD

TONI CALLICOTT
President
Commissioners

WAYNE HENDRIX
DAVID E. MLYNARSKI
RIKKE V. JOHNSON

THOMAS BRICKLEY

MIGUEL J. GUERRERO, P.E.

General Manager
ROBIN L. OHAMA
Deputy General Manager
STEVE R. MILLER
Director of Water Utility
KEVIN T. STEWART, P.E.

Director of Water Reclamation
JENNIFER L. SHEPARDSON
Director of Environmental &
Regulatory Compliance
CYNTHIA J. MOUSER
Director of Finance
“Trusted, Quality Service since 1905”
October 2, 2024
City of California City
2100 Hacienda Blvd
California City, CA 93505
RE: Letter of Reference
Dear Mr. Joe Barraga,
I am writing to provide my personal recommendation for Blua Consulting to complete Water Audit Validations for the City of California City. For over five years, I have worked alongside Madeline as a colleague in a similar water conservation role at San Bernardino Municipal Water Department, a neighboring water agency to Yucaipa Valley Water District. During Madeline’s time at Yucaipa Valley Water District, our region’s water suppliers worked collaboratively to achieve shared goals including the establishment of programs and data collection in response to state reporting requirements. It was my pleasure to work closely with Ms. Blua and during that time, I was consistently impressed by her dedication, and willingness to support her colleagues.

Madeline Blua has a strong background in California’s current conservation regulations and their requirements, including Conservation as a California Way of Life and state water loss control legislation SB 606, AB 1668 and SB 555. Ms. Blua’s knowledge and monitoring during the rule making process has directly benefited several water suppliers in the San Bernardino Valley region. As the agencies within the San Bernardino Valley meet regular basis to discuss the Making Conservation a California Way of Life Regulations, water loss management, and water audit reporting. Ms. Blua’s depth of knowledge on these subjects has always been invaluable to our discussions, providing insights that help guide our collective efforts. In addition, her analytical skills allow her to identify best practices and recommend solutions that enhance our water management strategies.

I am confident that Madeline Blua will bring the same expertise to California City as she has shown during her time doing this work within the San Bernardino Valley region. I have no doubt that her contributions will significantly enhance the success of your water audit validations. Please feel free to contact me at (909) 269-2931 or [email protected] if you have any further questions or require additional information.
1350 South “E” Street, San Bernardino, California 92408 P.O. Box 710, 92402 Phone: (909) 384-5141 FACSIMILE NUMBERS: Administration: (909) 453-6399 Customer Service: (909) 453-6396 Finance: (909) 453-6383 Engineering: (909) 453-6385 Corporate Yards: (909) 453-6389 Water Reclamation Plant: (909) 453-6395 Environmental & Regulatory Compliance: (909) 453-6391 Environmental Control: (909) 453-6394
Sincerely,
Devin Arciniega
Water Conservation / Public Affairs Manager
City of San Bernardino Municipal Water Department
NB .

COUNCIL AGENDA ITEM
October 22, 2024
PREPARED BY: Latisha Lamberth, Acting City Manager
SUBJECT: Approve a Resolution Adopting a Preliminary Budget for Fiscal Year 2024 – 2025

BACKGROUND/DISCUSSION
As per State law, the City Council is required to approve a balanced budget before July 1st of each year. In light of this, I would like to propose that the Council adopts the balanced preliminary budget for the fiscal year 2024-2025. By adopting the preliminary budget, we can comply with the State requirement and continue to manage the city’s affairs while the final budget for the fiscal year 2024-2025 is being finalized. This will also give us sufficient time to gather crucial information on both revenues and expenditures, which is essential in developing accurate projections for the final budget.

I am pleased to inform you that our staff is dedicated to presenting a proposed final budget to the Council for approval by the beginning of November. We are committed to serving our community, and we look forward to working with the Council to make this year a successful one.

We appreciate your ongoing support and trust in our organization, and we are confident that together, we can achieve great things. Therefore, I respectfully urge the Council to consider adopting the preliminary budget for the fiscal year 2024-2025 so that we can continue to serve our community's needs.

FISCAL IMPACT
Continuation of FY 23/24 Budget.

RECOMMENDATION
Staff recommends that Council adopt the City Budget for FY 23/24 as the preliminary City Budget for FY 24/25.

ATTACHMENTS

RESOLUTION
COPY OF APPROVED CITY BUDGET FOR FY 23/24

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, APPROVING INTERIM EXPENDITURES

PRIOR TO ADOPTION OF THE OPERATING BUDGET FOR
FISCAL YEAR 2024-2025
WHEREAS, State law requires that the City of California City adopt an annual budget representing a financial plan for conducting the affairs of the City of California City for the fiscal year beginning July 1, 2024, and ending June 30, 2025; and WHEREAS, the City Council will be reviewing the fiscal year 2023-24, Operating Budget and Capital Improvements schedules subsequent to the October 31, 2024; and
WHEREAS, on January 23, 2024, the City Council adopted fiscal year 2023- 2024 budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of California City hereby approves interim spending authority for the City of California City prior to the approval of the City of California City Operating Budget and Capital Improvements for Fiscal Year 2024-25 at the levels set by the City Operating and Capital Improvement Budget for 2023-2024, to allow payment of routine expenses including payroll and vendor expenses at prior year’s level. This approval shall only be up through and including November 30, 2024, shall be the same as the Fiscal Year 23/24 Budget, and shall only be for that, which is needed for essential functions of the City, to be determined by the Acting City Manager.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 22th day of October 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Daryl A. Betancur, MPA, MMC Victor M. Ponto,

CERTIFICATION
I, Leanndrea Weible, Acting 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 22th of October, by the following vote, to wit:

AYES: Councilmembers Cooper, Kulikoff, Creighton, Mayor Pro Tem Smithy, & Mayor Kulikoff
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 24th day of September 2024.

__________________________
Leanndrea Weible
Acting City Clerk