Agenda, closed session, first session — California City City Council, December 10, 2024

AGENDA

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULER MEETING TUESDAY DECEMBER 10, 2024 @ 5:00PM
CLOSED SESSION @ 4:00PM COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the 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 & NOTES
Web Link: https://us06web.zoom.us/j/82075234503
Meeting ID: 820 7523 4503

1. Public can dial into the Zoom line:
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2. Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Kelly Kulikoff
MAYOR
Ronald Smith

MAYOR PRO TEM
Jim Creighton
LaShelle Cooper
Michael Kulikoff

COUNCIL MEMBERS
1 Public is urged to listen to the meeting in a quiet place, to avoid background noise.

We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00PM

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
CS 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APNs 205-330-35-0, 205-330-03-8
City Negotiators: Victor Ponto, City Attorney, Eric Phillips, Special Counsel, Leila MoshrefDanesh, Deputy City Attorney
Party With Whom City Is Negotiating: Hal Aaron Companies CS 2. PUBLIC EMPLOYMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957
Title of Position: City Manager

REPORT OUT OF CLOSED SESSION

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

CALL TO ORDER
2 PLEDGE OF ALLEGIANCE/INVOCATION

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

DEPARTMENTAL REPORTS
• Finance
• Treasurer’s Reports- September & October
• Parks and Rec
• Cannabis Compliance
• Planning
• Police & Animal Control
• Fire
• Housing

CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence received from JM Powers Dated November 25, 2024-Input to the public Review Draft 2023-2031 Housing Element Report

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PRESENTATIONS
• Distillery

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 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 11/8/2024 through 12/5/2024.

CC 2. Adoption by Second Reading of Ordinance No. 24-801 Amending Section 2-1.104 (Presiding Officer) of Article 1 (Role of the Council) of Chapter 1 (City Council) of Title 2 (Administration) of 3 The California City Municipal Code
Staff Report: Karin A. Schambeck, Assistant City Attorney Recommended Action: Staff recommends that the City Council adopt by second reading, Ordinance No. 24-801 Amending Section 2-1.104 (Presiding Officer) of Article 1 (Role of the Council) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code

CITY MANAGER REPORT
• Oral

CONTINUED BUSINESS
CB 1. Update on Reinstatement of Planning Commission
Staff Report: Karin Schambeck, Deputy City Attorney
CB 2. First Reading of an Ordinance to Add a New Chapter 6 of Title 7 of the City’s Municipal Code Relating to Skateboarding in the City
Staff Report: Karin A. Schambeck, Assistant City Attorney Recommended Action: It is recommended that the City Council adopt Ordinance No. 24-820 an Ordinance of the City of California City, California, Adding a New Chapter 6 of Title 7 of the City’s Municipal Code Relating to use of the City’s Skatepark and Skateboarding Activity in the City.

CB 3. City Manager Employment Agreement – Christopher Lopez Staff Report: Karin A. Schambeck, Assistant City Attorney Recommended Action: Staff recommends the Council adopt the resolution as presented CB 4. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3 [VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY MUNICIPAL CODE TO AUTHORIZE RECOVERY OF

ATTORNEY FEES IN ACTIONS TO ENFORCE THE MUNICIPAL CODE
Staff Report: Victor Ponto, City Attorney; Brandon Sanchez Recommended Action: It is recommended that the City Council conduct the second reading of and approve of: An ordinance amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to authorize recovery of attorney fees in actions to enforce the municipal code

NEW BUSINESS
NB 1. Declaration of the November 5, 2024, Kern County election results Staff Report: LEANNDREA WEIBLE- Acting City Clerk
Recommendation: City Council adopt “Resolution No.24-3071 reciting the fact of the Municipal Election held on November 5, 2024, declaring the results thereof and such other matters as provided by law.

RECOGNITION OF SERVICE/ COMMENTS BY OUTGOING OFFICIALS
4 OATH OF OFFICE
• MARQUETTE HAWKINS-MAYOR
• JESSE HIGHTOWER-COUNCILMEMBER
• MICHAEL HURLES- COUNCILMEMBER

CALL TO ORDER

SECOND ROLL CALL
Councilmembers: Hightower, Hurles, Kulikoff, Smith, Mayor Hawkins

DESIGNATION OF MAYOR PRO TEMPORE
Pursuant to CCMC 2.1.104 (b), Each time a Mayor is seated, the most senior member of the Council who has not yet served as Mayor Pro Tempore shall serve as Mayor Pro Tempore. The council member who has received the most votes during the most recent election shall serve as Mayor Pro Tempore if two council members have equal seniority. The council member who declines to serve as Mayor Pro Tempore shall be deemed to have served for determining succession. Mayor Pro Tempore shall serve at the pleasure of the council and may be removed by the affirmative vote of majority of the council, in which event a majority of the council shall select a successor.

ROLL CALL
Councilmembers: Hightower, Hurles, Smith, Mayor Pro Tem Kulikoff & Mayor Hawkins

NEW BUSINESS
NB 2. URGENCY ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3 [VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY MUNICIPAL CODE TO

AUTHORIZE RECOVERY OF ATTORNEY FEES IN ACTIONS TO ENFORCE THE

MUNICIPAL CODE
Staff Report: Victor Ponto, City Attorney; Brandon Sanchez Recommended Action: It is recommended that the City Council conduct a first reading and consider adoption of:

An urgency ordinance amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to authorize recovery of attorney fees in actions to enforce the municipal code.

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.
5 ADJOURNMENT

AFFIDAVIT OF POSTING
I, Leanndrea Weible, Acting 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 24 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.

December 7, 2024
6 California City California City
Fund Balance @ 10/31/2024 Fund Investment @ 10/31/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,216,628.71 * All -$16,186,682.05
Aspen $174,573.56 Cash Allocated to Other Funds -$16,186,682.05 DAR -$1,370,590.13 * All2 $16,186,682.05
GF $10,864,371.99 * Accounts Rec Cash Clearing -$155.95 GF-OHV G -$1,359,148.98 * Business License Cash Clearing -$12,052.53 GF-OHV P $135,911.23 Cannabis - Bank of the Sierra $247,514.51 GF-PS FD $600,528.84 Checking - Bank of the Sierra $4,004,137.46 GF-PS FD Prop 64 -$252,907.78 * Kern County Investment Pool $4,382,993.32 GF-PS PD -$1,972,357.77 * Local Agency Investment Fund $7,383,445.21 GF-Str -$2,798,913.45 * Multi-Bank Securities $988,280.38 GF-TDS -$3,154,463.07 * Utilities Cash Clearing -$807,480.35 Housing -$692,845.87 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 -$114,267.43
Sewer $3,832,203.73
Successor -$182,320.58
Water $5,654,788.95
Grand Total $16,186,682.05
-$1,260,637.90 * Represents available general fund related cash balances as of report date M:\Monthly Financials\04-Oct 2024\Fund Balance Recon 10.31.24 7 Balance on Net Balance on Percent
8/31/2024 Transactions 9/30/2024 of Total
Bank of the Sierra -- General Checking $ 4,157,852 $ 1,755,373 $ 5,913,225 33.64% Bank of the Sierra -- Cannibas Checking $ 749,495 $ (744,245) $ 5,250 0.03% Sub-Total Operating Accounts $ 4,907,347 $ 1,011,128 $ 5,918,475 Balance on Net Balance on Percent
8/31/2024 Transactions 9/30/2024 of Total
Local Agency Investment Fund (122) $ 6,005,832 $ - $ 6,005,832 34.17% Kern County Investment Fund (20202) $ 4,608,565 $ 16,640 $ 4,625,205 26.32% Multi-Bank Securities (CD Manager) $ 1,022,522 $ 3,879 $ 1,026,401 5.84% Sub-Total Investment Accounts $ 11,636,919 $ 20,519 $ 11,657,438 Total City Operating Funds $ 16,544,266 $ 1,031,647 $ 17,575,913 100.00% Checking & CD Accounts 8/31/2024 Net Transactions 9/30/2024 Housing Corp. -- Bank of the Sierra, Checking $ 1,889,406 $ 20,561 $ 1,909,967 71.69% Housing Corp. -- Bank of the Sierra, CD 7653 $ 109,900 $ 441 $ 110,341 4.14% Housing Corp. -- Bank of the Sierra, CD 7654 $ 137,465 $ 552 $ 138,016 5.18% Housing Corp. -- Bank of the Sierra, CD 6574 $ 251,977 $ 983 $ 252,960 9.49% Housing Corp. -- Bank of the Sierra, CD 6582 $ 251,977 $ 983 $ 252,960 9.49% Total Housing Corporation Funds $ 2,640,726 $ 23,518 $ 2,664,244 100.00% Checking & CD Investment Accounts 8/31/2024 Net Transactions 9/30/2024 SDI -- Bank of the Sierra, Checking $ 518,672 $ (8,681) $ 509,992 0.57% SDI -- Bank of the Sierra CD $ 256,973 $ 1,031 $ 258,004 0.29% SDI -- US Bank Investments *$ 88,083,614 $ 1,030,468 $ 89,114,083 99.15% Total SDI Agency Funds $ 88,859,260 $ 1,022,819 $ 89,882,079 100.00% Checking & Investment Accounts 8/31/2024 Net Transactions 9/30/2024 Successor -- Bank of the Sierra, Checking $ 187,055 $ 4,563 $ 191,618 18.19% RDA/Successor -- US Bank Investments $ 1,229,764 $ (367,680) $ 862,084 81.81% Total Successor Agency Funds $ 1,416,818 $ (363,117) $ 1,053,702 100.00% California City, California 93505

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

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

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

Restricted RDA/Successor Agency Accounts
1 of 2
8 INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 8/31/2024 9/30/2024
Beginning Market Value 87,133,059 88,083,614
Ending Market Value 88,083,614 89,114,083
950,556 1,030,468
8/31/2024 9/30/2024
Beginning Market Value - -
Ending Market Value - -
- -
8/31/2024 9/30/2024
Beginning Market Value 1 107,681
Ending Market Value 107,681 0
107,681 (107,681)
8/31/2024 9/30/2024
Beginning Market Value 1 260,000
Ending Market Value 260,000 1
259,999 (259,999)
8/31/2024 9/30/2024
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 1,229,764 862,084 Total "US Bank" Investment Assets 89,313,378 89,976,167 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST

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

US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
2 of 2
9 Balance on Net Balance on Percent
9/30/2024 Transactions 10/31/2024 of Total
Bank of the Sierra -- General Checking $ 5,913,225 $ (3,055,114) $ 2,858,111 19.34% Bank of the Sierra -- Cannibas Checking $ 5,250 $ 178,563 $ 183,813 1.24% Sub-Total Operating Accounts $ 5,918,475 $ (2,876,551) $ 3,041,924 Balance on Net Balance on Percent
9/30/2024 Transactions 10/31/2024 of Total
Local Agency Investment Fund (122) $ 6,005,832 $ 71,223 $ 6,077,055 41.12% Kern County Investment Fund (20202) $ 4,625,205 $ 6,199 $ 4,631,404 31.34% Multi-Bank Securities (CD Manager) $ 1,026,401 $ 1,595 $ 1,027,996 6.96% Sub-Total Investment Accounts $ 11,657,438 $ 79,017 $ 11,736,456 Total City Operating Funds $ 17,575,913 $ (2,797,533) $ 14,778,380 100.00% Checking & CD Accounts 9/30/2024 Net Transactions 10/31/2024 Housing Corp. -- Bank of the Sierra, Checking $ 1,909,967 $ 24,670 $ 1,934,637 71.88% Housing Corp. -- Bank of the Sierra, CD 7653 $ 110,341 $ 407 $ 110,748 4.11% Housing Corp. -- Bank of the Sierra, CD 7654 $ 138,016 $ 509 $ 138,525 5.15% Housing Corp. -- Bank of the Sierra, CD 6574 $ 252,960 $ 876 $ 253,837 9.43% Housing Corp. -- Bank of the Sierra, CD 6582 $ 252,960 $ 876 $ 253,837 9.43% Total Housing Corporation Funds $ 2,664,244 $ 27,338 $ 2,691,582 100.00% Checking & CD Investment Accounts 9/30/2024 Net Transactions 10/31/2024 SDI -- Bank of the Sierra, Checking $ 509,992 $ (63) $ 509,929 0.57% SDI -- Bank of the Sierra CD $ 258,004 $ 933 $ 258,937 0.29% SDI -- US Bank Investments *$ 89,114,083 $ (1,179,380) $ 87,934,703 99.13% Total SDI Agency Funds $ 89,882,079 $ (1,178,510) $ 88,703,569 100.00% Checking & Investment Accounts 9/30/2024 Net Transactions 10/31/2024 Successor -- Bank of the Sierra, Checking $ 191,618 $ 7,500 $ 199,118 18.76% RDA/Successor -- US Bank Investments $ 862,084 $ 0 $ 862,084 81.24% Total Successor Agency Funds $ 1,053,702 $ 7,500 $ 1,061,202 100.00% California City, California 93505

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

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

Restricted RDA/Successor Agency Accounts
1 of 2
10 INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 9/30/2024 10/31/2024
Beginning Market Value 88,083,614 89,114,083
Ending Market Value 89,114,083 87,934,703
1,030,468 (1,179,380)
9/30/2024 10/31/2024
Beginning Market Value - -
Ending Market Value - -
- -
9/30/2024 10/31/2024
Beginning Market Value 107,681 1
Ending Market Value 0 0
(107,681) 1
9/30/2024 10/31/2024
Beginning Market Value 260,000 1
Ending Market Value 1 2
(259,999) 0
9/30/2024 10/31/2024
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 862,084 862,084
Total "US Bank" Investment Assets 89,976,167 88,796,787 Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST

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

US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
California City, California 93505
2 of 2
11 DATE: December 10, 2024
TO: Mayor and City Council
FROM: Recreation Coordinator – Leanndrea Weible
SUBJECT: Departmental Report for the Month of December
Operations:

The Parks and Recreation Department is continuing to operate with very limited staff and as such have needed to reduce the gyms hours of operation. As of now, the Strata Center is open on Tuesdays 2-5PM; Wednesdays 11AM-1PM and 2-4PM and Saturdays 10AM-3PM
Maintenance and upkeep are still on a volunteer basis.

Programming:
• Holy Scriptures Church Service- Sunday Mornings 11AM in the Art Center • Safe Haven Kids League is scheduled to have their annual toy giveaway on 12/21/2024 in the Strata Center. The giveaway starts at 1:00 PM
• The Park and Art Commission is planning to decorate areas of Central Park for Holiday Pictures for the Community. - Throughout the park there will be different holiday scenes for the community to view and take holiday pictures as they enjoy a walk around the park. For more information or if you would like to participate, please contact the Park Coordinator @ 760-373-3530 Updates:
• Balsitis basketball court has been completed and the playground equipment has come in and is being installed. This project is nearing completion.
• The Skate Park and Splash Pad project is moving forward as scheduled. Construction for the Skate Park project is already underway.
12 ITEM NO. DR-CANNABIS

COUNCIL AGENDA ITEM
NOVEMBER/DECEMBER 2024
PREPARED BY: Inge Elmes, Cannabis Tax Administrator

SUBJECT: CANNABIS MONTHLY DEPARTMENT REPORT

MONTHLY ACTIVITY
• Two cannabis appeals were held with a final council determination in the amount of $41,863.76 in back taxes owed to the city. Payment agreements will be brought for council approval by legal team. • Final two appeals are scheduled for January 2025.
• To date, a total of 28 cannabis permits have been renewed/issued totaling $264,460.00. • Mojave Jade, 4888 California City Blvd., received final approvals to operate and cannabis cultivation permit on October 25, 2024.
• 2nd Quarter Cannabis Taxes are due January 31, 2025.

ONGOING ACTIVITY
• Staff continues to collectively work to review all facilities for compliance and good standing. • Staff continues to collaborate in compliance efforts and compiling accurate data. • Staff continues to update cannabis spreadsheet with accurate information.

QUARTERLY TAX REPORT
Total taxes collected for FY 24/25 to date are $243,196.91:
• Cannabis Cultivation - $88,936.50
• Cannabis Non-Cultivation - $127,892.73
• Cannabis Penalties & Interest - $117.15
• Cannabis Back Taxes - $26,250.53
13 DR-PLANNING

CITY COUNCIL MEETING
DECEMBER 10, 2024
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
 Consultant Planner: Anu Doravari
 Planning Admin: Lilia Garcia
This report includes the following items:

A. Active Planning Projects under Review
B. Financial Report for October 2024
Active Projects
Project
Code
Project
Name/Description Project Type Location Status
SPR 22-45 Bellfield Solar Solar Energy
2,048 acres spread
across multiple
parcels
Decommissioning
Bond Signed
SPR 21-04 Soft Gold – CCBP
Holding LLC Cannabis Facility 22000 Mitchell Boulevard
DH Complete on

11.25.2024
SPR 21-42 SFV Caregivers Cannabis Facility
6298 Curtis Place CEQA Filled with the
County for 30 day
public review
CUP 24-02 Faith Mountain
Church Institutional 7900 California City Boulevard
Approved at CC. Site
Plan CoA issued.

SPR Minor
24-15
Dawn’s Sweet
Delights Candy/Confectionery
8201 Suite D
California City
Boulevard
Approved from
Planning
SPR Minor
24-16
Dolores Huerta
Foundation Non-Profit
7107 Suite C
California City
Boulevard
Approved from
Planning
LM 24-01 Tropicana Super
Market Lot Merger 8170 Aspen Mall
Pending recordation of
Lot Merger. Site Plan
review will commence
upon recordation.

N/A Housing Element
Draft Policy Document
Public review period
complete. Comments
received are being
addressed.
14 UPCOMING Projects
Project
Name/Description Project Type Status
Scott Molloy Solar Project Initial Project discussion
Hal Aaron Project Mixed use Housing and grocery Project review and discussions with legal and HCD
Emergency
Communications Tower
Emergency Communications
Tower – Kern County
Conditional Use Permit
Application expected shortly
IWVGA Pipeline Replacement Conditional Use Permit
Application expected
Baker Energy Solar Project
Conditional Use Permit
Application expected after ESA
is executed
Tiana Wong Renewable Energy Facility Initial Project discussion Project Engineer
Mediterranean Restaurant and
Ice cream shop “La
Michoacana”
Initial Project discussion
15 B. Financial Report – October 2024
Details of the financial report for October 2024 highlighting revenue, expenses, and any notable financial activities or changes.
16 0 1 1 1 4 4 4
8 0
AUGUST 2024 PART 1 CRIMES

BY AREA
0 0 0 5 5 6
12 2 2
SEPTEMBER 2024 PART 1

CRIMES BY AREA
SEPTEMBER 2024 Stats

AUGUST 2024 vs SEPTEMBER 2024 Up by 39%
Part 1 Crimes August 2024 – 23
Part 1 Crimes September 2024 – 32
0 0 0 0 0
2020 2021 2022 2023 2024

MURDER-SEPTEMBER
5 8
16 11 10
2020 2021 2022 2023 2024

TOTAL VIOLENT

CRIMES - SEPTEMBER
7 22
155
22 22
2020 2021 2022 2023 2024

TOTAL PROPERTY

CRIMES - SEPTEMBER
20 19
172
43 32
0 50
100
150
200
2020 2021 2022 2023 2024
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2020 - 2024
September Part 1 Crimes - as of 11/06/2024
17 SEPTEMBER 2024 – PATROL STATISTICS
Total Incidents (Sept): 1,636 Total Arrests (Sept): 30 Felony Arrests: 20 Misd. Arrests: 10 Total Incidents (2024): 15,060 Total Arrests (2024): 272 Felony Arrests: 136 Misd. Arrests: 136 Calls for Service (Sept): 1,204 Calls for Service (2024): 10,971 Citations Issued (Sept): 32 Citations Issued (2024): 296 18 0 0 0 5 5 6
12 2 2
SEPTEMBER 2024 PART 1

CRIMES BY AREA
0 1
0 0 0
2020 2021 2022 2023 2024

MURDER-OCTOBER
8 10 12 7
14 2020 2021 2022 2023 2024

TOTAL VIOLENT

CRIMES - OCTOBER
15 14
51 18 17
2020 2021 2022 2023 2024

TOTAL PROPERTY

CRIMES - OCTOBER
0 0 1
6 7
4 8
5 0
OCTOBER 2024 PART 1 CRIMES

BY AREA
OCTOBER 2024 Stats

SEPTEMBER 2024 vs. OCTOBER 2024 Down by 3%
Part 1 Crimes September 2024 – 32
Part 1 Crimes October 2024 – 31
23 18
63 25
32 0
10 20
30 40
50 60
70 2020 2021 2022 2023 2024
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2020 - 2024
October Part 1 Crimes - as of 11/21/2024
19 OCTOBER 2024 – PATROL STATISTICS
Total Incidents (Oct): 1,451 Total Arrests (Oct): 31 Felony Arrests: 22 Misd. Arrests: 9 Total Incidents (2024): 16,511 Total Arrests (2024): 305 Felony Arrests: 158 Misd. Arrests: 147 Calls for Service (Oct): 1,174 Calls for Service (2024): 12,145 Citations Issued (Oct): 29 Citations Issued (2024): 328 20 0 50 100 150 200
Total Animals In
Adoptions
To Rescues
Canvassed
Warnings Issued
Returned to Owner
Put to Sleep
Licenses Issued
Citations
Dog Bites
Owner Surrender
Calls to PD/Shelter
DOA
California City Animal Shelter Stats
September, 2023 September, 2024
California City Animal Shelter
September 2024 Totals
California City
Animal Shelter Stats
Criteria September, 2024 September, 2023
Total Animals In 19 37
Adoptions 6 13
To Rescues 0 0
Canvassed 10 42
Warnings Issued 22 31
Returned to Owner 8 5
Put to Sleep 0 0
Licenses Issued 9 39
Citations 1 0
Dog Bites 4 0
Owner Surrender 0 1
Calls to PD/Shelter 189 92
DOA 5 6
21 0 20 40 60 80 100 120 140 160 180
Total Animals In
Adoptions
To Rescues
Canvassed
Warnings Issued
Returned to Owner
Put to Sleep
Licenses Issued
Citations
Dog Bites
Owner Surrender
Calls to PD/Shelter
DOA
California City Animal Shelter Stats
October, 2023 October, 2024
California City Animal Shelter
October 2024 Totals
California City
Animal Shelter Stats
Criteria October, 2024 October, 2023
Total Animals In 26 22
Adoptions 13 13
To Rescues 0 8
Canvassed 2 25
Warnings Issued 18 24
Returned to Owner 1 5
Put to Sleep 4 0
Licenses Issued 12 25
Citations 0 0
Dog Bites 2 4
Owner Surrender 0 1
Calls to PD/Shelter 164 98
DOA 7 8
22 Nov. 2024 Monthly Report
Current Notable Events:
• Fire Department participated in OHV staffing during the holiday weekend.

PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:

Approved Awaiting new engine for award
Kern County OES- EOC Mobile
Comm Equip.

Awarded Awaiting Fulfillment
Specialty Programs:
• Pet Chip Reader Scans
o Nov: 3 scans
o Annual 2024: 25
Fire Prevention, Inspections, and Education:
• Regular business inspections are underway.
• SB1205 State Mandated Inspections- still underway.
• Plan Review, Construction Inspection, and acceptance testing requests are steady. • Prop 64 inspections- increasing frequency.

Fleet Maintenance
Unit Status
Incident Command Vehicle Out-of-Service; End of life:

Several recent repairs, more required soon, broken front windshield, need replacement.

Brush Patrol Out-of-service
23 Moderate repair required (waiting for budget).

Arson/Fire Prevention Unit Out of Service.

Code Enforcement Vehicle- Escape Out of service
2 years in repair-unknown ETA due to no parts.

Code Enforcement Vehicle- F150 Marginally in-service
Numerous issues.

Seagrave Reserve Type-I Engine
(Reserve)
Out of service
Too costly to repair- awaiting surplus and destruction
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. Foam system broken. New batteries replaced Type-III Engine (Wildland) In Service
Rear tire replaced for a sidewall blowout
Rescue Squad Marginally in-service
General Fleet Comments:
• Small vehicles are experiencing increasing and consistent mechanical issues and component failures due to age. Vehicle values do not match the necessary costly repairs. • Small equipment is receiving regular maintenance.
• Searching for grants and other alternatives for vehicle replacement.

Incident Statistics
2024 Nov 2023 Nov
• Fires: 8
o Structure: 2
o Vehicle: 2
o Outside: 3
o Fire, Other 1
• EMS: 124
• Hazardous Condition (no fire): 5
• Service/Assist Calls: 14
• Good Intent Calls: 65
• False Alarms: 14
• Fireworks explosion: 1
Nov 2024 Simultaneous Calls: 10
• Fires: 12 o Vehicle: 3
o Structure: 4
o Outside/Rubbish: 3
o Fire: Other: 2

• EMS: 150
• Hazardous Conditions: 4
• Service/Assist calls: 10
• Good Intent: 55
• False Alarms: 5
• Special Incident: 2
Nov 2023 Simultaneous Calls:10
24 Nov 2024 Total Call Volume: 231 Nov 2023 Total Call Volume: 238 Code Enforcement Nov 2024 Stats
Report Criteria:

Location Type Location Field Date From To
All All 11/01/2024 11/30/2024
Case Activity:

Total
New Cases 98
Closed Cases 52
Open Cases at start of period 296
Open Cases at end of period 342
Violation Activity
New Violations Cited Total
ABANDONED SHOPPING CART 1
ABANDONED/INOPERATIVE VEHICLES 3
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 8
BUILDING WITHOUT PERMIT 2
Cargo Container 1
Certificate of Occupancy Needed 1
CFC ACCUM OF COMBUSTIBLE MATERIAL 2
CFC ACCUMULATION OF COMBUSTIBLE VEGETATION 2
CFC Fire Lane, No Parking 1
CONSTRUCTION DEBRIS 2
Cannabis Odor 3
Dangerous Building 1
DANGEROUS STRUCTURE 1
Dead Tree 1
DOG LICENSE REQUIRED 2
ENCROACHMENT 1
Excessive use of Water 1
FENCING VIOLATION 1
25 garage sale signs 3
HAULING TRASH OVER CITY STREETS 1
Health & Safety 1
Illegal Dumping 5
Illegal Gaming/Gambling 1
ILLEGAL HOME BUSINESS 1
ILLEGAL SIGNS 1
IPMC 302.5 Rodent harborage 1
LAND CLEARING WITHOUT PERMIT 2
LIVING IN RECREATIONAL VEHICLE 3
MUST HAVE TRASH SERVICE 56
NO BUSINESS LICENSE 3
Over use of Water 1
PARKING A UNHITCHED TRAILER ON STREET 1
RABIES VACCINATION 2
Red Tagged 2
Squatting/ Illegal Camping w/o Owner's Permission 4
STANDING WATER 1
SUBSTANDARD HOUSING 1
Substandard Housing Water Issues 1
THEFT OF UTILITY SERVICES 2
TRAILER NOT ATTACHED TO VEHICLE CAPABLE OF TOWING SAME 1 Trash Can Lids 2
UNLAWFUL STORAGE IN YARDS 3
Unlawful temporary property use. (Activity or business on a vacant lot) 2 UNPERMITTED YARD SALE 3
WATER CUSTOMER CAUSING DAMAGE 1
WATER ISSUE 1
Yard Sale Permit Issued 14
Totals 153
26 Oct. 2024 Monthly Report
Current Notable Events:

N/A

PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:

Approved Awaiting new engine for award
Kern County OES- EOC Mobile
Comm Equip.

Awarded Awaiting Fulfillment
Specialty Programs:
• Pet Chip Reader Scans
o Oct: 4 scans
o Annual 2024: 22
Fire Prevention, Inspections, and Education:
• Regular business inspections are underway.
• SB1205 State Mandated Inspections- still underway.
• Plan Review, Construction Inspection, and acceptance testing requests are steady. • Prop 64 inspections- increasing frequency.

Fleet Maintenance
Unit Status
Incident Command Vehicle Out-of-Service; End of life:

Several recent repairs, more required soon, broken front windshield, need replacement.

Brush Patrol Out-of-service
Moderate repair required (waiting for budget).
27 Arson/Fire Prevention Unit Out of Service.

Code Enforcement Vehicle- Escape Out of service
2 years in repair-unknown ETA due to no parts.

Code Enforcement Vehicle- F150 Marginally in-service
Numerous issues.

Seagrave Reserve Type-I Engine
(Reserve)
Out of service
Too costly to repair- to be destroyed
American La France Type-I Engine
(Reserve)
marginally in-service
Several DOT issues require heavy maintenance and
repair (waiting for budget).

Incident Statistics
2024 Oct 2023 Oct
• Fires: 7
o Structure: 2
o Vehicle: 1
o Outside: 4
• EMS: 121
• Hazardous Condition (no fire): 3
• Service/Assist Calls: 17
• Good Intent Calls: 55
• False Alarms: 5
• Citizen Complaint: 1
Oct 2024 Simultaneous Calls: 2
Oct 2024 Total Call Volume: 209
• Fires: 9
o Vehicle/Other: 1
o Structure: 1
o Outside/Rubbish: 4
o Other: 3
• EMS:151
• Hazardous Conditions: 4
• Service/Assist calls: 10
• Good Intent: 48
• False Alarms: 5
• Special Incident: 1
Oct 2023 Simultaneous Calls:10
28 Oct 2023 Total Call Volume: 228
Code Enforcement Oct 2024 Stats
Report Criteria:

Location Type Location Field Date From To
All All 10/01/2024 10/31/2024
Case Activity:

Total
New Cases 52
Closed Cases 51
Open Cases at start of period 295
Open Cases at end of period 296
Violation Activity
New Violations Cited Total
ABANDONED REFRIG/APPLIANCE 4
ABANDONED/INOPERATIVE VEHICLES 6
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 12
1 BUILDING WITHOUT PERMIT 3
Business License Check 1
Cannabis Citation for Odor 6
Cannabis Business Permit Required 1
CFC Installation of nonportable fuel-fired appliances. 1 CFC 901.8.1 Sprinkler system chains, locks, signs, etc 1 CFC ACCUM OF COMBUSTIBLE MATERIAL 8
CFC ACCUMULATION OF COMBUSTIBLE VEGETATION 6
CFC CO2 Enrichment Alarm required 1
CFC CO2 Gas Detection System Required 1
CFC CO2 Hazard Warning Signs 1
CFC CO2 Permit Required 1
CFC Egress, Combustible Storage 1
CFC Exit obstructed/ Means of Egress Continuity 1
29 CFC Exit Path, Protruding Objects 1
CFC Fire blocking/Penetrations 1
CFC Flammable and combustible liquids on farms and construction sites. 1 CFC Fuel fired appliances, electrical wiring 1
CFC Landings at doors. 1
CFC Open flame cooking, combustible, balcony or construction 1 CFC Portable fueled open flame devices 1
CFC PREMISES IDENTIFICATION 3
CFC Rescue opening blocked, residential 4
CFC Secure Compressed Gas Cylinders 1
CFC UNSECURE VACANT BUILDING 1
CFC Ventilation Required for CO2 System 1
Dangerous Building 1
DOG LICENSE REQUIRED 1
ENCROACHMENT 1
FENCING VIOLATION 2
garage sale signs 4
Grading Without a Permit 1
Health & Safety 4
Health & Safety (Septic Tank Overflow) 1
Illegal Cannabis Cultivation 2
Illegal Dumping 10
INFORMATION 1
IPMC 302.5 Rodent harborage 2
LAND CLEARING WITHOUT PERMIT 1
NO BUSINESS LICENSE 2
PUBLIC NUISANCE (property maintenance) 1
RABIES VACCINATION 1
Red Tagged 2
Smoke detectors required CBC 1
Squatting/ Illegal Camping w/o Owner's Permission 3
SUBSTANDARD HOUSING 7
Substandard Housing Water Issues 3
Trash Can Lids 8
UNLAWFUL STORAGE IN YARDS 9
Unlawful temporary property use. (Activity or business on a vacant lot) 2 UNPERMITTED YARD SALE 3
Yard Sale Permit Issued 17
Totals 163
30 DR-HOUSING

COUNCIL AGENDA ITEM
December 10, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager

SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently 93 apartments are filled.
3 units will be undergoing minor repairs to be rentable The waitlist currently has 74 applicants.

Legends
Currently has 5 apartments and 5 houses filled.
1 house ready to be rented reviewing applications
1 apartment will be undergoing minor repairs to be rentable Waitlist is combined with Desert Jade
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
ITEM NO. CC 2.

CITY COUNCIL
December 10, 2024
TO: Mayor and City Council
FROM: Karin A. Schambeck, Assistant City Attorney
SUBJECT: Adoption by Second Reading of Ordinance No. 24-801 Amending Section 2-1.104 (Presiding Officer) of Article 1 (Role of the Council) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code

BACKGROUND
On October 21, 2014, the City Council of the City of California City (“City Council”) adopted Ordinance No. 14-725 which updated and amended Title 2 (Administration), including setting the process for appointing the Mayor Pro Tempore. The most recent selection of Mayor Pro Tempore after the November 2022 General California City (“City”) Election resulted in discussion of the multiple In order to clarify the process for appointment, a first reading of Ordinance 24-801 occurred at the City Council meeting of February 28, 2023, in order to clarify the process for appointment to avoid any further ambiguity in the selection process.

The Ordinance is now before the Council for second reading.

RECOMMENDATION
Staff recommends that the City Council adopt by second reading, Ordinance No. 24- 801 Amending Section 2-1.104 (Presiding Officer) of Article 1 (Role of the Council) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code.

ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

Ordinance No. 24-801
67 ORDINANCE NO. 24-801

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 2-1.104
(PRESIDING OFFICER) OF ARTICLE 1 (ROLE OF THE COUNCIL)
OF CHAPTER 1 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION)

OF THE CALIFORNIA CITY MUNICIPAL CODE
WHEREAS, on October 21, 2014, the City Council of the City of California City (“City Council”) adopted Ordinance No. 14-725 which updated and amended Title 2 (Administration), including setting the process for appointing the Mayor Pro Tempore; and
WHEREAS, the most recent selection of Mayor Pro Tempore after the November 2022 General California City (“City”) Election resulted in discussion of the multiple interpretations of the process for appointment; and
WHEREAS, the City Council desires to clarify the process for appointment to avoid any further ambiguity in the selection process.

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

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Section 2-1.104 (Presiding Officer) of Article 1 (Role of the Council) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code is hereby amended in its entirety to read as follows:
“Section 2-1.104 Presiding Officer.
a) The Mayor shall be the presiding officer for the meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside over meetings of the Council.
b) Each time a Mayor is seated, the most senior member of the Council who has not yet served as Mayor Pro Tempore shall serve as Mayor Pro Tempore. If multiple members have equal seniority, the member who received the most votes during the election which resulted in their current seat, shall serve as Mayor Pro Tempore.
68 i. Newly elected members shall not be considered eligible for the position of Mayor Pro Tempore unless all remaining senior members of Council have been disqualified due to either:
1) Having already served as Mayor Pro Tempore during
the term of their current seat; or
2) A senior member declining the position of Mayor Pro
Tempore.
ii. Any council member who declines to serve as Mayor Pro Tempore shall be deemed to have served for the purpose of determining succession. Mayor Pro Tempore shall serve at the pleasure of the Council and may be removed by the
affirmative vote of majority of the Council, in which event a majority of the Council shall select a successor.”
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the California City Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the California City Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption. 69 PASSED, APPROVED and ADOPTED by the City Council of the City of California City this 10th day of December 2024.
______________________________________
Kelly Kulikoff, Mayor
ATTEST:
______________________________________
Leanndrea Weible, Acting City Clerk
70 Item No. CB 1.

COUNCIL AGENDA ITEM
December 10, 2024
TO: Mayor and City Council
FROM: Karin Schambeck, Deputy City Attorney
SUBJECT: Update on Reinstatement of Planning Commission UPDATE/DISCUSSION:

On August 27, 2024, the City temporarily suspended the Planning Commission after determining that the suspension of the Planning Commission would ensure the timely and efficient processing of applications, and in turn, promote economic development and job creation. The City Council assumed the powers and duties of the Planning Commission during its suspension.

The City Council required the Planning Commissioners to participate in training during its suspension for ethics, harassment, hostile workplace training and conflict resolution.

During the first training, two Commissioners left the training shortly after it commenced and did not complete the training. A second training is scheduled for December 9, 2024. Only one Commissioner is unable to attend, but the training will be recorded and that Commissioner will complete the training at a later date.

The City Council has determined that it is time to reinstate the Planning Commission contingent upon completion of the required training. It is anticipated that all Commissioners will have completed the required training by the end of the year, and that the City Council may consider reinstatement of the Planning Commission at the first City Council meeting in January.
71 ITEM NO. CB 2

COUNCIL AGENDA REPORT
December 10, 2024
PREPARED BY: Karin A. Schambeck, Assistant City Attorney SUBJECT: First Reading of an Ordinance to Add a New Chapter 6 of Title 7 of the City’s Municipal Code Relating to Skateboarding in the City

BACKGROUND
The City Council provided direction to prepare an ordinance regulating skateboarding activity in the City, specifically at the City’s new Skatepark. Ordinance No. 24-____ adds a new Chapter 6 of Title 7 of the City’s Municipal Code relating to use of the City’s Skatepark and skateboarding activity in the City and is presented for first reading.

The City Council desires to regulate use of the Skatepark in light of the public’s increased demand for outdoor recreational spaces in the City and the City’s desire to limit its liability associated with the public’s use of the Skatepark.

Assembly Bill 1146 (Jones 2015) extended the provisions of existing qualified immunity law to skateboarding (Government Code section 831.7) by defining skateboarding as a “hazardous recreational activity”. The City is not generally liable for injuries occurring during participation in such hazardous activities unless the City is negligent in some way, for example, in maintaining the Skatepark.

Ordinance No. 24-821 limits skatepark use to skateboarders and “other wheeled recreational devices,” which includes nonmotorized bicycles, scooters, inline skates, roller skates, and wheelchairs being used for recreational purposes. (See Health & Saf.

Code, § 115800, subd. (d).) It requires parents or guardians to accompany users under age 12 and require all users to wear safety gear, including helmets. It prohibits use of user-supplied obstacles, ramps and jumps, and any other reckless and unsafe behavior.

It declares that Skatepark users use the facility at their own risk, no onsite supervision is provided, and the City is not responsible for injuries and damage. 72 FISCAL IMPACT
Staff anticipate minimal expenditures related to enforcement of the regulations and cost savings related to avoidance of liability related to potential lawsuits.

RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 24-____, an Ordinance of the City of California City, California, Adding a New Chapter 6 of Title 7 of the City’s Municipal Code Relating to use of the City’s Skatepark and Skateboarding Activity in the City.

ATTACHMENTS
Attachment “A”: Ordinance No. 24-821
73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA, ADDING CHAPTER 6 TO
TITLE 7 OF THE CITY’S MUNICIPAL CODE RELATING TO

SKATEBOARDING IN THE CITY
WHEREAS, the City anticipates opening and dedicating a skate park (“Skate Park”) in the City of California City (“City”) for the purpose of skateboarding and other forms of recreation using non-motorized, wheeled devices; and WHEREAS, Assembly Bill 1146 (Jones 2015), extended the provisions of existing qualified immunity law to skateboarding (Government Code section 831.7) by defining skateboarding as a “hazardous recreational activity”. The City is not generally liable for injuries occurring during participation in such hazardous activities unless the City is negligent in some way, for example, in maintaining the Skatepark; and WHEREAS, skateboarding and other forms of recreation using non-motorized, wheeled devices are inherently hazardous recreational activities; and WHEREAS, the City desires to adopt and publish permanent regulations and guidelines for the use of the Skate Park to apprise the public of risks associated with use of the Skate Park; and
WHEREAS, the City desires to adopt and publish permanent regulations and guidelines for the use of the Skate Park to limit its liability associated with the public’s use of the Skate Park.

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

SECTION 1. FINDINGS.

The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA CITY MUNICIPAL CODE TITLE 7 AMENDMENT.

A new Chapter 6 (Skateparks) of Title 7 of the California City Municipal Code is hereby established to read in its entirety as follows:

Chapter 6. Skateparks.

7.6.010 Purpose.

The purpose of this chapter is to provide regulations governing the conduct of the City’s public skate park facility users and to insulate the City from liability associated with potential injury arising from skate park users’ participation in an inherently hazardous recreational activity.
74 7.6.020 Definitions.

For the purpose of carrying out the purpose of this chapter, words, phrases, and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:
“Department” means the City of California City’s Parks and Recreation Department
“Director” means Manager or Supervisor of the Parks and Recreation Department or his/her designee.
“Other wheeled recreational device” means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes. “Public skate park facility” means any public facility or structure that is designed for, owned, operated, and maintained by the City of California City, in use of skateboards and other wheeled recreational devices are permitted pursuant to the provisions of this chapter, and which has been designated as a “public skate park facility” by resolution of the City Council.
“Skateboard” means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one person standing or kneeling upon such platform and containing no steering apparatus.
“Skate activity” means the use of a skateboard or other wheeled recreational device.
“Skater” means any person engaged in a skate activity.

7.6.030 Protective Gear Required.

All skaters must wear a safety helmet, elbow pads, and kneepads while engaging in any skate activity in a public skate park facility. All such protective gear must be functional and protective, properly sized, and designed for their intended use at said facility.

7.6.040 Prohibited Conduct.

It shall be unlawful for any person to engage in the following activities at a public skate park facility:
(a) No person shall be allowed to perform any skate activity at times other than those established by the director or his/her designee.
(b) No person shall use a public skate park facility for uses other than skate activity.
(c) No person shall use or enter the fenced area of a public skate park facility unless they wear proper safety equipment, including a helmet, elbow pads, and kneepads. All such safety equipment must be functional and protective, properly sized, and designed for its intended use at the public skate park facility. 75 (d) No person shall ride or use any items other than skateboards or other wheeled recreational device.
(e) No person, other than a skater, is permitted within the skating surface of any public skate park facility, except that spectators may sit or stand in areas designated for that purpose.
(f) No person shall ride or use any skateboard or other wheeled recreational device in a reckless manner or with willful disregard for the safety of persons or property, or cause anyone with such items to be ridden or used in such a reckless manner.
(g) No person shall place, affix or utilize any obstacles or other materials within a public skate park facility that are not affixed thereto by the department for recreational purposes.
(h) No skate activity is permitted on the curbs, sidewalk, fences, railings, seating area, or walls of any City-owned structure.
(i) No person shall conduct organized activities, events, or competitions on any public skate park facility without the prior written approval from the Director or his/her designee.
(j) A public skate park facility shall not be used if a hazardous condition exists, including but not limited to, inclement weather conditions and significant cracks, breaks or other irregularities in the skating surface of a public skate park facility. (k) No person shall litter in a public skate park facility. All persons using a public skate park facility must place any trash, cans, bottles, papers, or waste of any kind they create or bring to a public skate park facility in refuse containers provided by the City. If no refuse container is provided by the City, each person shall be responsible for removing and disposing of such items in an appropriate manner. (l) No person shall possess or use alcohol or drugs in the public skate park facility.
(m) No person shall use a public skate park facility while under the influence of alcohol or drugs that would impair the person's judgment or motor skills. (n) No person shall allow or cause glass containers of any kind to be brought into any public skate park facility.
(o) No person shall allow or cause graffiti or tagging in or around any part of the public skate park facility.
(p) No person shall allow or cause any animal of any kind to be brought into a public skate park facility.
76 7.6.050 Signage and Posting Requirements.

In order to provide reasonable notice to the public, the Director or his/her designee shall place and post signs in one or more conspicuous and visible area(s) of the public skate park facility, designating the facility, structure or area as a public skate park, specifying the rules and regulations established pursuant to this chapter, and the activities described as prohibited in this chapter.

7.6.060 Other Rules and Regulations.

The City reserves the right to eject anyone from the public skate park facility at any time for any reason. The Director may set forth any other rules and regulations for the use of a public skate park facility which he/she deems appropriate, provided that signs describing such rules and regulations are placed and posted pursuant to this chapter.

7.6.070 Violations and Penalties.
(a) Any violation of this chapter may be punishable as either a misdemeanor or an infraction.
(b) Repeat violators (i.e., having three or more violations) may be suspended or prohibited from using the facility.
(c) Repeat violations of this chapter may also constitute a public nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

SECTION 3. CEQA FINDINGS.

The City Council finds that the Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Code Regs., tit.14, § 15378, subd. (a).) Further, this Urgency Ordinance is exempt from CEQA as there is no possibility that it or its implementation would have a significant negative effect on the environment. (Cal. Code Regs., tit.14, § 15061, subd. (b)(3).)
SECTION 4. CLERICAL ERRORS.

The City Council directs the City Clerk to correct any clerical errors found in this Ordinance including, but not limited to, typographical errors, irregular numbering and incorrect section references.

SECTION 5. SEVERABILITY.

Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, 77 and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, unenforceable, or unconstitutional.

SECTION 6. EFFECTIVE DATE.

In accordance with California Government Code section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 7. PUBLICATION.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this ordinance to be published and posted as required by law.

PASSED, APPROVED AND ADOPTED this ___ day of _____________, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Kelly Kulikoff, Mayor
ATTEST:

Leanndrea Weible, Acting City Clerk
78 ITEM NO. CB 3

COUNCIL AGENDA ITEM
December 10, 2024
TO: Mayor and City Council
FROM: Karin A. Schambeck, Assistant City Attorney
SUBJECT: City Manager Employment Agreement – Christopher Lopez BACKGROUND/ DISCUSSION:

After extensive search for a permanent City Manager, the City has agreed to terms with Christopher Lopez as the new City Manager. The purpose of the attached Resolution is to enter into an employment agreement (“Agreement”) with Mr. Lopez. This Resolution also modifies the City’s salary schedule as required under CalPERS rules
A. City Manager Agreement
After extensive search for a permanent City Manager and interviewing candidates, the City has agreed to terms with Mr. Lopez as the new City Manager. Mr. Lopez brings the relevant expertise which will provide the City with leadership and continuity in the City Manager position.

B. Update to Salary Schedule
If City Council adopts the proposed Resolution, the City’s salary schedule must be revised accordingly to comply with CalPERS regulations that salary ranges for all authorized positions are published on a publicly available salary schedule.

C. City Manager Resume
FISCAL IMPACT:

Staff estimates the following fiscal impact:

Current City Manager salary is set at $185,000.00. Based on Mr. Lopez’s expertise and experience, the City agreed to increase salary to $190,000.00 and to also provide an annual deferred compensation contribution of $9,000.00.

RECOMMENDATION:

Staff recommends the Council adopt the resolution as presented.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:
79 A - Resolution No. 24-______
B – Salary Schedule
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR)
______
Continued Business (CB) ______
80 EMPLOYMENT AGREEMENT
For the Position of

CITY MANAGER
This Employment Agreement for the Position of City Manager (“Agreement”) is made and entered into this ____ of ______________, 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 ___________ __, 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. 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.
81 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. 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 82 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 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, 83 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.

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 84 (“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 TakeHome 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. 85 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 86 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.

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 87 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, 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 88 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.

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. 89 CITY MANAGER
Christopher Lopez

CITY OF CALIFORNIA CITY
Kelly Kulikoff, Mayor
ATTEST:

Leanndrea Weible, Acting City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
Victor Ponto, City Attorney
90 City of California City
Salary Schedule
2024-2025
Class Title Range Step Hourly Bi-Weekly
Exempt Chief Water Operator 81 1 49.78 3982.40 8628.53
2 52.27 4181.52 9059.96
3 54.88 4390.60 9512.96
4 57.63 4610.13 9988.61
5 60.51 4840.63 10488.04
6 63.53 5082.66 11012.44
7 66.71 5336.80 11563.06
8 70.05 5603.64 12141.21
9 73.55 5883.82 12748.27
Exempt City Clerk 49 1 38.87 3109.60 6737.47
2 40.81 3265.08 7074.34
3 42.86 3428.80 7429.07
4 45.00 3600.24 7800.52
5 47.25 3780.25 8190.55
6 49.61 3968.80 8599.07
7 52.09 4167.24 9029.02
8 54.70 4375.60 9480.47
9 57.43 4594.38 9954.49
Exempt City Manager 86 1 91.34 7307.20 15832.27
Exempt Executive Administrative Assistant 55 1 33.69 2695.20 5839.60 2 35.38 2830.40 6132.53
3 37.15 2971.92 6439.16
4 39.01 3120.52 6761.12
5 40.96 3276.54 7099.17
6 43.00 3440.37 7454.13
7 45.15 3612.39 7826.84
8 47.41 3793.01 8218.18
9 49.78 3982.66 8629.09
91 CHRISTOPHER R. LOPEZ
Riverside, CA
· www.LopezChris.com
A collaborative people leader with a passion for creating high performing teams and focusing on employee engagement, performance management, customer and resident satisfaction, and consistently delivering high quality results. Strong background in data analysis, financial management, and public works infrastructure planning with the soft skills necessary to implement process improvements, drive changes, and bring teams together to produce positive outcomes.

EXPERIENCE
FEBRUARY 2023 – PRESENT

INTERIM CITY MANAGER, CITY OF LIVINGSTON MUNICIPAL CORPORATION • Manage and oversee 74 FTE, and 93 PT employees, and 15,000 residents • Oversee the provision of water, wastewater services, Police Services, Public Works, and all other municipal operations
• Developed, presented and received approval on the first CIP in over 15 years prioritizing water infrastructure road improvements, and wastewater infrastructure • Negotiated real property acquisition with one of Forbes’ largest privately held companies— Foster Farms
• Manage negotiations with Foster Farms to acquire additional real property, easements, and long term agreements for water infrastructure
• Developed and presented the FY 23/24 and FY 24/25 Budgets with direct feedback from Council, and both adopted unanimously.
• Received $1M grant for infrastructure improvements from State Senator • Managed and closed out sensitive personnel items that had lingered for over 9 months prior to my arrival
• Manage negotiations with County on new master tax sharing agreement which has been non-existent for over a decade
• Lead negotiations for increased Fire Department staffing with County • Oversee the development of a fiscal model which will project multiple years of expenditures to achieve long term financial and service solvency
• Organized first employee appreciation committee to honor, recognize, and develop employees
• Developed RFP for additional Finance personnel to upstaff to address backlog of accounting reports and address monthly reconciliation issues
• Developed plan to address delay of audits; City projected to be caught up on audits by the end of FY 23/24
• Managed and oversaw development of General Plan update which has not been done in 20+ years
• Presented Council with recommend hauler for solid waste and manage negotiations with selected hauler
• Led negotiations on behalf of City with six bargaining groups • Proposed revenue options for long term financial sustainability, and oversaw citywide polling to understand voter sentiment
2 JUNE 2022 – FEBRUARY 2023

SMALL BUSINESS OWNER, WAYPOINT STRATEGIES
• Small business consulting advisor that specializes in strategic planning and performance management
• Utilize analytics to improve operations, refine processes, and make recommendations to leadership
• Review profit/loss statements and identify investment opportunities MARCH 2019 – JUNE 2022
CITY MANAGER, CITY OF HEMET MUNICIPAL CORPORATION (91,000

POPULATION)
• Managed and directed thirteen salaried managers who oversaw 300+ FTE including 24/7 operations, $90M+ budget, and increasing demand for services and over 91,000 residents and five Council Districts
• Added over $1B in property valuation in 2021 vs. 2017 with economic development and market strategies
• Implemented transition to excess insurance carrier resulting in a $1.2M savings in year one • Implemented public transparency portals including TrakIt, public records request system, iCompass agenda management system, and QLess to improve customer service experience • Managed negotiations for six bargaining groups and fostered positive employer/employee relations
• Devised Strategic Planning efforts with comprehensive community engagement strategies to gather public input
• Partnered with Eastern Municipal Water District to monetize carry over credits which is projected to generate over $20M in new water revenues
• Developed multi-year financial models which included pension increases, salary increases and various local economic scenarios to provide situational awareness for Council • Implemented Section 115 Trust to address unfunded pension liability • Identified operational improvements in the Fire Department to reduce response times, improve employee engagement, and prioritize employee mental health • Increased reserves to $36M, implemented cost cutting initiatives, and removed city from financial oversight by State Auditor without sacrificing service delivery • Utilized lean principles to increase infrastructure repairs with a reduced budget and reducing liability claims
• Developed career pathways program to address labor shortage with over $1M of grant funding allocated
• Mentored staff to prepare them for promotions into management roles in HR, Public Works, and Finance
• Simplified and launched tracking of analytics by implementing Envisio; a cloud-based tracking system
• Exceeded all economic development targets based on actual data resulting in added valuation
• Developed and delivered four years of balanced budgets with strategic, first of its kind police technology deployment in Riverside County in lieu of personnel to recover over $2M in stolen vehicles
• Communicated leadership principles and standards for 300+ employees including 24-hour operations
• Maintained top tier quality emergency response by utilizing lean principles and reviewing analytics
3 • Identified and recommended investments in city owned water utility to increase value of water utility and recommended strategies to obtain funding to recover damages for polluted groundwater
MAY 2018 – MARCH 2019

DEPUTY CITY MANAGER, CITY OF HEMET MUNICIPAL CORPORATION • Identified and implemented safety protocols to reduce liability claims and reviewed metrics • Developed and led all daily operating plans within budget and prioritized customer complaints to foster trust
• Responsible for identifying waste, solving complex problems, and employing lean principles to drive results
• Collaborated with HR, Finance, and legal to reduce recruitment times for difficult to recruit positions
• Oversaw and led various recycled water projects including the conversion of multiple ball fields and park space to a recycled water irrigation system APRIL 2015 – APRIL 2018
MAYOR’S CHIEF OF STAFF, CITY OF SAN BERNARDINO MUNICIPAL CORPORATION • Developed customer engagement strategies at weekly/monthly intervals for over 221,000 residents with 7 Council Districts
• Led crises communication strategies for terrorist attack at Inland Regional Center and Northpark Elementary
• Facilitated development at former Norton Air Force Base resulting in over $3B in economic activity in 2015
• Managed two salaried FTE and five hourly employees, created work plans, and managed $1M budget
• Created award winning program to launch innovative solution to reduce blight with no new resources
• Prepared policy recommendations for the City Council for the City’s Violence Intervention Program in collaboration with the Police Department
• Created communication strategies which included monthly townhalls, video content, and Instagram, NextDoor, Twitter, and Facebook platforms
• Researched and provided recommendations for economic development opportunities • Collaborated and maintained relationships with the Chamber of Commerce, Cal State San Bernardino, San Bernardino Valley College, and San Manuel band of Mission Indians • Served as appointee on the Dignity Healthy Benefits Advisory Committee to recommend funding for specific projects in the greater San Bernardino region MAY 2013 – APRIL 2015

ASSISTANT OF THE CITY MANAGER, CITY OF SAN BERNARDINO MUNICIPAL

CORPORATION
• Spearheaded components of bankruptcy filings including $300M+ investment plan and restructurings
• Restructured and launched programs resulting in fewer personnel and increased service delivery
• Led data analysis and strategies resulting in $250K+ savings to improve performance including consolidations
• Coordinated the development of the $211M budget for FY 2014/15 without the use reserves 4 • Managed contractor tasked with analyzing fire services deployment study which ultimately resulted in transition to San Bernardino County Fire
• Implemented the use of financial transparency portal accessible to the public to track revenues and expenditures to increase transparency
• Served as staff liaison for the public safety citizens oversight committee, Business Roundtable, and other citizen focused groups
JUNE 2012 – MAY 2013

ACTING ADMINISTRATIVE ANALYST, CITY OF SAN BERNARDINO MUNICIPAL

CORPORATION
• Collaborated with managers to develop daily operating plans within allocated budget of $47M
• Ensured customer satisfaction with street repairs, tree trimming, and refuse pickup despite bankruptcy
• Motivated team to embrace a "can do" culture and implemented pre-shift meetings to listen to employees
• Utilized lean processes to reduce maintenance repair times and costs • Provided high level professional assistance to the Public Works Director and City Manager’s Office
DECEMBER 2009 – JUNE 2012

PROJECTS SPECIALIST, CITY OF SAN BERNARDINO MUNICIPAL CORPORATION • Owned all operations related to administration of state and local laws for regulatory compliance
• Provided recommendations to lessen revenue loss because of mandatory commercial recycling
• Identified areas for route optimization to exceed targets with increasing demand and utilizing lean principles
JUNE 2004 – DECEMBER 2009

ASSISTANT ENGINEERING DESIGNER, RICK ENGINEERING COMPANY • Delivered engineering design improvements on time for land development projects • Reduced plan review, labor hours, and errors by using engineering checklists while increasing productivity
• Regularly made site visits with engineers and survey teams to ensure timelines were consistently met
• Notable projects included La Sierra Senior Center in Riverside, Toscana Country Club in Indian Wells, and California Baptist University expansion in Riverside

EDUCATION
JUNE 2011

MASTER OF PUBLIC ADMINISTRATION, CALIFORNIA STATE POLYTECHNIC

UNIVERSITY POMONA
JUNE 2008
BACHELOR’S IN POLITICAL SCIENCE, MINOR IN GIS, CALIFORNIA STATE

POLYTECHNIC UNIVERSITY POMONA
5 CERTIFICATIONS/LICENSES
FUNDAMENTALS OF DIGITAL MARKETING, GOOGLE— CERTIFICATE ID: PS8-NMG-TBY FUNDAMENTALS OF LEAN, LEANSCAPE— CERTIFICATE ID: RIMMGG1WF7 SIX SIGMA WHITE BELT, AVETA BUSINESS INSTITUTE— CERTIFICATE ID: L2VNJBFUCS SIX SIGMA YELLOW BELT, 6SIGMASTUDY— CERTIFICATE ID: 862051

PRESENTATIONS/SPEAKING ENGAGEMENTS
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMEBER 2023— “WHAT THE BLEEP!” LIMITS OF PUBLIC COMMENT

VOLUNTEER/TEACHING
ALLEN MARTIAL ARTS ACADEMY, NOVEMBER 2014—PRESENT — 2

ND DEGREE BLACK BELT

INSTRUCTOR AND TAI CHI INSTRUCTOR
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 ____ day of ______________, 2024.

Kelly Kulikoff, Mayor
92 ATTEST:

Leanndrea Weible, Acting City Clerk
APPROVED AS TO FORM:

Victor Ponto, City Attorney
93 STATE OF CALIFORNIA

COUNTY OF KERN

CITY OF CALIFORNIA CITY
I, Leanndrea Weible, 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 ____________________.

Leanndrea Weible, City Clerk
94 TO: City of California City - City Council
FROM: Victor Ponto, City Attorney; Brandon Sanchez
SUBJECT: ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3
[VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE

CALIFORNIA CITY MUNICIPAL CODE TO AUTHORIZE

RECOVERY OF ATTORNEY FEES IN ACTIONS TO ENFORCE

THE MUNICIPAL CODE
DATE: December 10, 2024

BACKGROUND
The California City Municipal Code currently lacks provisions for recovering nuisance abatement costs including attorney fees in any action, administrative proceeding, or special proceeding to abate a nuisance.

The proposed ordinance would provide a mechanism for the City to recover reasonable attorney fees incurred in connection with the City’s efforts to abate nuisances.

On November 12, 2024, the City Council introduced and conducted the first reading of an Ordinance Amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to Authorize Recovery of Attorney Fees In Actions to Enforce the Municipal Code.

Staff recommends that the City Council conduct the second reading of and approve of an Ordinance Amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to Authorize Recovery of Attorney Fees In Actions to Enforce the Municipal Code

DISCUSSION
Nuisance conditions, such as unpermitted construction, inadequate property maintenance, and other code violations and public safety risks, present ongoing issues within the City. These nuisances can result in both direct and indirect costs to the City, including inspection, enforcement, administrative time, and legal fees associated with abatement proceedings. Currently, the City’s cost-recovery mechanisms are limited, and the City often bears a significant portion of the abatement costs, including legal costs. Specifically, as currently codified, the City lacks an authorizing ordinance within its Municipal Code that allows for the recovery of attorney fees. 95 Under State law, a local legislative body may provide by ordinance for the abatement of any nuisance at the expense of the persons maintaining it. (Gov. Code, §§ 38773– 38773.5.) Further, a local legislative body may provide for recovery of reasonable attorney fees by the prevailing party in any action related to nuisance abatement. (Gov.

Code, § 38773.5(b); City of Monte Sereno v. Padgett (2007) 149 Cal.App.4th 1530, 1537.)
Recovery of these legal costs supports the public interest by ensuring that those responsible for maintaining nuisance conditions bear the cost of enforcement rather than the City and its taxpayers.

The lack of such an authorizing ordinance creates a financial burden that hampers public safety efforts. Handling nuisance abatement cases can be costly, especially if they require prolonged litigation or significant legal work. Allowing the City to recovery attorney fees would offset expenses related to code enforcement and preserve public resources for other critical services.

Allowing the City to recover attorney fees would also serve as a deterrent to potential code violators who might otherwise ignore nuisance issues. If code violators know they could be held financially accountable, this incentivizes compliance and discourages inadequate maintenance of properties and other illegality. The City’s attorney fees incurred to abate public nuisances can be substantial and should be borne by the violator.

Recovery of attorney fees may also incentive compliance with nuisance abatement orders. Code violators are more likely to comply with nuisance abatement orders when faced with the possibility of attorney fees on top of other penalties. This can lead to quicker resolution of nuisance conditions and less resistance during enforcement efforts.

RECOMMENDATION
It is recommended that the City Council conduct the second reading of and approve of:
1) An ordinance amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to authorize recovery of attorney fees in actions to enforce the municipal code.

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY) Legislative Action: The recommended action includes a change to the Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code. In considering such actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).

CEQA STATUS
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines § 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the 96 environment. The proposed Ordinance qualifies for this CEQA exemption as there is no possibility that the Ordinance will have a significant effect on the environment.

Accordingly, the Ordinance is not subject to further environmental review.

FISCAL IMPACT
By implementing this ordinance, the City could significantly reduce the fiscal impact of nuisance abatement efforts on the general fund. Recovering attorney fees would enable the City to offset the legal costs associated with enforcement, ensuring that the burden of these costs is borne by those responsible for the nuisances. Over time, this cost recovery could enhance the City’s capacity to address nuisance properties more effectively.

ATTACHMENTS

1. Ordinance No. ________________
97 APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE

CALIFORNIA CITY COUNCIL
ORDINANCE NO. 24-818
ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3 [VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY MUNICIPAL CODE TO

AUTHORIZE RECOVERY OF ATTORNEY FEES IN ACTIONS TO ENFORCE

THE MUNICIPAL CODE
WHEREAS, the City of California City is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorney fees, in any action, administrative proceeding, or special proceeding to abate a nuisance; and WHEREAS, the City lacks such an authorizing ordinance within its Municipal Code; and WHEREAS, the City places a high value on protecting community character, land values, and the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and
WHEREAS, public nuisances, as designated by the California City Municipal Code occur regularly and require the City to take abatement action; and WHEREAS, the City’s attorney fees incurred to abate public nuisances can be substantial and should be borne by the violator; and
WHEREAS, the City Council desires to update the City’s code enforcement and nuisance abatement tools to help protect the public health, safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 98 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2. Addition of Section 1-3.05 of the California City Municipal Code. The City Council of the City of California City hereby adds Section 1-3.05 to Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code as follows:
“Sec. 1-3.05. - Recovery of Attorney Fees.

A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding.

Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding. Unpaid attorney fees shall constitute a debt that is collectible in any manner allowed by law.”
SECTION 3. CEQA Determination. The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately.

In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional SECTION 5. Effective Date. This ordinance shall become effective upon the 30th day after final adoption.

SECTION 6. Publication. The City Clerk is directed to publish this ordinance in a manner required by law.
99 * * * * * * * * * * * * *
The foregoing Ordinance ________ was introduced at a regular meeting of the California City City Council on the ___ day of ________ 2024, and finally adopted on the day of , 2024, by the following vote:

AYES –
NOES –
ABSENT –
ABSTENTION –
___________________________________________*
*****
Mayor of the City of California City, California
ATTEST:
*******
Leanndrea Weible, Acting City Clerk
Date of Attestation:
100

NOTICE AND DIGEST
ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3 [VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY MUNICIPAL CODE TO

AUTHORIZE RECOVERY OF ATTORNEY FEES IN ACTIONS TO ENFORCE

THE MUNICIPAL CODE
This ordinance authorizes attorney fee recovery in actions to abate violations of the California City Municipal Code, pursuant to such authority in State law, in order to enhance the City’s cost recovery processes.
101
RESOLUTION NO. 24-3071

A RESOLUTION OF THE CITY COUNCIL OF THE MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024; DECLARING THE

RESULTS THEREOF AND SUCH OTHER MATTER AS
PROVIDED BY LAW.

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

WHEREAS, Section 1 A Municipal Election was conducted by the City of California City on November 5, 2024 in time, form and manner as required by the elections code.

Pursuant to resolutions, the county clerk canvassed the return of the election and certified the results.

WHEREAS Section 2 the total votes cast in this election for the candidates running for office in the City of California City.

WHEREAS, Section 3 Election Officers
(a)the candidates for Mayor were Marquette Hawkins, Duane Vazquez, and Kelly Kulikoff; the candidates for City Council were Jesse Hightower, Michael Hurles, Richard Jones, James E. Creighton, Socorro Chavez, Quiana Renee Sanders, Shawn Bradley, and LaShelle Cooper
(b) The total votes cast at City, Precints, as well as through absent voter ballots to the per named for the respective offices are listed on Exhibit “A”, attached.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
(a) Marquette Hawkins was elected Mayor; Jesse Hightower and Michael Hurles were elected Full Term Councilmembers
(b) The City Clerk shall immediately deliver a certificate of election to each elected person and shall administer the Oath of Office to each elected person. The elected persons shall then be inducted in their respective offices.
(c) The City Clerk shall enter on the City’s records a statement of the results of the election showing: the votes cast, the candidates, the offices, the number of votes at each precinct for each candidate and the total number of votes for each candidate

Page 1 ends

NB 1
102
PASSED AND ADOPTED on December 10, 2024 by the City Council of the City of California City, County of Kern, State of California by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Kelly Kulikoff, Mayor
ATTEST:
_____________________
Leanndrea Weible, Acting City Clerk
[THIS SPACE INTENTIONALLY LEFT BLANK]
103

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 regular meeting of the City Council of said City at its meeting held on the 10th of December 2024.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 10th day of December 2024. __________________________
Leanndrea Weible
Acting City Clerk
104
TO: City of California City - City Council
FROM: Victor Ponto, City Attorney; Brandon Sanchez
SUBJECT: URGENCY ORDINANCE AMENDING MUNICIPAL CODE
CHAPTER 3 [VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE

CALIFORNIA CITY MUNICIPAL CODE TO AUTHORIZE

RECOVERY OF ATTORNEY FEES IN ACTIONS TO ENFORCE

THE MUNICIPAL CODE
DATE: December 10, 2024

The proposed ordinance would provide a mechanism for the City to recover reasonable attorney fees incurred in connection with the City’s efforts to abate nuisances.

Under State law, a local legislative body may provide by ordinance for the abatement of any nuisance at the expense of the persons maintaining it. (Gov. Code, §§ 38773– 38773.5.) Further, a local legislative body may provide for recovery of reasonable attorney fees by the prevailing party in any action related to nuisance abatement. (Gov.

NB 2
105
The lack of such an authorizing ordinance creates a financial burden that hampers public safety efforts. Handling nuisance abatement cases can be costly, especially if they require prolonged litigation or significant legal work. Allowing the City to recovery attorney fees would offset expenses related to code enforcement and preserve public resources for other critical services.

Because the proposed Ordinance fundamentally supports and furthers code enforcement it is for and furthers the immediate preservation of the public peace, health or safety. Nuisance properties often pose immediate and ongoing risks to the public, such as unsafe building conditions, health hazards, or criminal activity. These nuisances degrade neighborhoods, increase safety risks, and strain law enforcement and emergency services. The ability to recover attorney fees is critical for the City to act swiftly and efficiently in addressing these issues. Without this financial deterrent, property owners are likely to delay compliance, allowing nuisances to persist and continue impacting public peace and safety. By establishing a mechanism to recover attorney fees, the City is better positioned to address these urgent issues swiftly and comprehensively. This capacity is essential for protecting residents from the adverse effects of nuisance conditions, thereby preserving public health and safety.

The proposed ordinance is presented as an emergency urgency ordinance pursuant to Government Code sections 36934 and 36937(b). Section 36934 allows for an emergency/urgency ordinance to be adopted on the first reading and Section 36937(b) requires the emergency/urgency ordinance be approved by a four-fifths vote of the Council, including a declaration of the basis of the emergency. If the ordinance is approved, it will go into effect immediately.

RECOMMENDATION
It is recommended that the City Council conduct a first reading and consider adoption of:
1) An urgency ordinance amending Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code to authorize recovery of attorney fees in actions to enforce the municipal code.

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY) 106
Legislative Action: The recommended action includes a change to the Municipal Code Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code. In considering such actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases).

CEQA STATUS
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines § 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed Ordinance qualifies for this CEQA exemption as there is no possibility that the Ordinance will have a significant effect on the environment. Accordingly, the Ordinance is not subject to further environmental review.

ATTACHMENTS

1. Urgency Ordinance No. ________________
107

APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE

CALIFORNIA CITY COUNCIL
URGENCY ORDINANCE NO. 24-818
URGENCY ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3
[VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY

MUNICIPAL CODE TO AUTHORIZE RECOVERY OF ATTORNEY FEES IN

ACTIONS TO ENFORCE THE MUNICIPAL CODE
WHEREAS, the City of California City is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorney fees, in any action, administrative proceeding, or special proceeding to abate a nuisance; and WHEREAS, the City lacks such an authorizing ordinance within its Municipal Code; and WHEREAS, the lack of such an authorizing ordinance creates a financial burden that hampers public safety efforts; and
WHEREAS, the prosecution of code enforcement cases increases legal costs that further strain the City’s budget and resources; and
WHEREAS, the City places a high value on protecting the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and
WHEREAS, the City may delay pursuing enforcement against serious violations without an attorney fee recovery mechanism, risking community standards; and WHEREAS, public nuisances, as designated by the California City Municipal Code occur regularly and require the City to take abatement action; and WHEREAS, the City’s attorney fees incurred to abate public nuisances can be substantial and should be borne by the violator; and
108
WHEREAS, the City Council desires to update the City’s code enforcement and nuisance abatement tools to help protect the public health, safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law; and
WHEREAS, recovering attorney fees would allow the City to use its limited resources more effectively and efficiently; and
WHEREAS, all legal prerequisites to the adoption of the Urgency Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2. Urgency Findings.

A. There exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to authorize the recovery of attorney fees in actions to enforce the municipal code in the City of California City.

B. The inability to recover attorney fees in code enforcement actions severely hampers the City’s ability to effectively address public nuisances and code violations, which directly impact public health and safety.

C. Without the deterrent effect of potential attorney fee recovery, violators may be more likely to persist in their unlawful activities, prolonging threats to public health, safety, and welfare.

D. The financial burden of unrecoverable attorney fees in enforcement actions may lead to delayed or inadequate responses to serious code violations, leaving hazardous conditions unaddressed for extended periods.

E. The lack of an attorney fee recovery process forces the City to divert limited resources from other essential public services to fund code enforcement litigation, potentially compromising overall public safety and well-being.

F. The immediate implementation of this ordinance will enhance the City's ability to swiftly and effectively abate nuisances and enforce its municipal code, thereby protecting the general public health, safety, and welfare.

G. Based on the recent recognition of the significant financial impact of unrecoverable attorney fees on the City's code enforcement efforts, there is an urgent need for the City to update its current codes to include provisions for attorney fee recovery in accordance with Government Code sections 38773.1 and 38773.5.

SECTION 3. Addition of Section 1-3.05 of the California City Municipal Code. The City Council of the City of California City hereby adds Section 1-3.05 to Chapter 3 [Violations and Penalties] of Title 1 of the California City Municipal Code as follows:
“Sec. 1-3.05. - Recovery of Attorney Fees.

A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is 109
entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding.

Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding. Unpaid attorney fees shall constitute a debt that is collectible in any manner allowed by law.”
SECTION 4. CEQA Determination. The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately.

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional SECTION 6. Effective Date and Expiration. This Urgency Ordinance shall become effective immediately upon adoption by a four-fifths (4/5) vote of the City Council and shall be of no further force and effective forty-five (45) days following the date of its adoption, unless extended in accordance with Government Code section 65858.

SECTION 7. Publication. The City Clerk is directed to publish this ordinance in a manner required by law.
* * * * * * * * * * * * *
The foregoing Ordinance ________ was introduced at a regular meeting of the California City City Council on the ___ day of ________ 2024, and finally adopted on the day of , 2024, by the following vote:

AYES –
NOES –
ABSENT –
ABSTENTION –
___________________________________________*
*****
Mayor of the City of California City, California
110
ATTEST:
*******
Leanndrea Weible, Acting City Clerk
Date of Attestation:
111

NOTICE AND DIGEST
URGENCY ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 3
[VIOLATIONS AND PENALTIES] OF TITLE 1 OF THE CALIFORNIA CITY

MUNICIPAL CODE TO AUTHORIZE RECOVERY OF ATTORNEY FEES IN

ACTIONS TO ENFORCE THE MUNICIPAL CODE
This urgency ordinance authorizes attorney fee recovery in actions to abate violations of the California City Municipal Code, pursuant to such authority in State law, in order to enhance the City’s cost recovery processes. 112

California City City CouncilDecember 10, 2024

California City City Council
December 10, 2024