1 AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY OCTOBER 8, 2024
REGULAR MEETING @ 5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title II).
______________________________________________________________________________________ Zoom instructions and notes:
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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 Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 f. Re-mute when your time to speak has ended
The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request the public to MUTE your audio device when not commenting to avoid disruption during meeting. ** At this time, please take a moment to turn off your cell phones ** 3:30 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
APPROVAL OF AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS 1. DISCIPLINE/DISMISSAL/RELEASE
PURSUANT TO GOVERNMENT CODE SECTION 54957 (b) (1)
CS 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Paragraph (1) of subdivision(d).
Number of Matters: Two (2)
Zheng, et al v. City of California City (Case No. BCV-22-103396-BCB) Song, et al v. City of California City (Case No. BCV-22-103394-BCB) CS 3. 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 4. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (2)
Number of Matters: Three (3)
REPORT OUT OF CLOSED SESSION
CITY COUNCIL CONVENES TO REGULAR MEETING
5:00 PM REGULAR MEETING
CALL TO ORDER
3 PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff.
DEPARTMENTAL REPORTS
a. Housing
b. Cannabis
c. OHV
d. Parks
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. September 28, 2024 – Water Rates Could Increase by $130/month Implementing New Water Master Plan.
b. September 29, 2024 – Sewer Rates Could Skyrocket by Implementing New Wastewater (Sewer) Master Plan.
c. September 30, 2024 – August 2024 City Financial Summary Reveals Excessive Spending.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PRESENTATIONS
• Presentation of Awards to Police Department Officers for Crime Scene Processing • Baker Energy
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-andforth 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 9/20/2024 through 10/3/2024.
CC2. Accept the Bid as Submitted by Griffith Company for the SB1 Redwood Bvld S. Frontage Road Rehabilitation Project from Graham Street to 88th Street in the Amount of $360,735; and Authorize the Acting City Manager to Execute the Construction Agreement. 4 CC3. Parcel Identification for SDI Tracts and Tiny Home Tracts CC4. Employment Agreement and Salary Schedule- City Manager
CITY MANAGER REPORT
Oral report
CONTINUED BUSINESS
CB1. Agreement with Tech 45.
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff Recommends that the City Council Approve the Agreement as Presented.
NEW BUSINESS
NB1. Job Description for Volunteer Fire Department Chaplain.
Staff Report: Justin Vincent, Interim Fire Chief
Recommended Action: Staff Recommends that the City Council adds the volunteer Fire Chaplin Job Description to Allow the Fire Department to Seek Out Qualified Volunteer Clergy to Assist Public Safety by Providing Spiritual and Emotional Support as needed.
NB2. Request for Proposals Landscape Services.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff recommends that the City Council Approve Part or All of the Landscape Proposal(s) so that the city can acquire the Landscape Services it Currently Lacks NB3. Retail Strategies Discussion.
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff Recommends that the City Council Provide Feedback on this Report COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING
5 I, Leanndrea Weible, Deputy City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards.
Dated: October 5, 2024
_____________________________
Leanndrea Weible
Deputy City Clerk
DR: HOUSING
1 COUNCIL AGENDA ITEM
October 8, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing
BACKGROUND/ DISCUSSION
Desert Jade
Currently have 94 apartments filled.
2 unit will be undergoing minor repairs to be rentable
Waitlist currently has 82 applicants.
Our 1st BBQ event held on Sept 27th was success.
Desert Jade and Legend will be hosting their 1st patio Halloween contest on October 31st.
Legends
Currently has 5 apartments and 5 houses filled.
1 house ready to be rented reviewing applications
1 apartment is under minor repairs to be rentable
Waitlist is combined with Desert Jade
Memo
Resolution No. 12-21-2899/12-21-2900 The transfer of both Desert Jade Villas and Legends property over to the Housing Authority was completed and all documents have been sent over to the County’s recorder on 09/23/24.
ITEM NO.
DEPARTMENT REPORT
COUNCIL AGENDA ITEM
OCTOBER 2024
PREPARED BY: Inge Elmes, Cannabis Tax Administrator
SUBJECT: CANNABIS MONTHLY DEPARTMENT REPORT
MONTHLY ACTIVITY
• Cannabis appeals have been rescheduled to a later date. • City Business Licenses were verified, and the City Clerk will be issuing billing for the cannabis businesses that have not remitted a payment.
• FY 24/25 First Quarter Cannabis Taxes are due October 31, 2024. Emails will be sent to all cannabis businesses next week with a follow up email reminder the week of the 21st.
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 $31,500.53:
• Cannabis Back Taxes - $26,250.53
• Cannabis 1st Quarter Tax Deposits - $5,250.00
DR: OHV
COUNCIL AGENDA ITEM
OCTOBER 2024
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Columbus Day is the next holiday which brings out an influx of OHV visitors. The Borax Bill Park Visitor Center will also be open Monday, October 14, 2024, from 8am – 4pm to accommodate the holiday.
Operations
Staff has been preparing for the busy riding season by maintaining grounds and amenities. Park Aides have stocked the center with brochures, maps, and OHV safety information. The Borax Bill Park Visitor Center is open year-round. Normal hours are Thursday – 7am-5pm, Friday – 8am-6pm, Saturday and Sunday – 7am-5pm. Special holiday hours are extended and will be posted closer to the holiday.
Manager Updates
Staff is working on closing out the G23 grants which will be submitted for reimbursement within the 120-day close out period.
Finance Report
For the month of September, OHV sales totaled $5,183.00 . These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.
DR: Parks
DATE: October 8, 2024
TO: Mayor and City Council
FROM: Recreation Coordinator – Leanndrea Weible
SUBJECT: Departmental Report for the Month of October
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 and Thursdays 1pm5pm and Saturdays 9am-3pm. These times and days are subject to change without prior notice, but will be posted at the Strata accordingly.
Programming:
• Farmer’s Market- 1st & 3rd Saturday of every month 9am1pm • Holy Scriptures Church Service- Sunday Mornings in the Art Center
Future Programming:
• There are currently 6 events scheduled for use of the Strata Center and the Community Art Center between 10/2024-12/2024, with applications still being received for review of availability. • The Art Commission will be having their annual Art display/Art Show October 18-20, 2024. • Staff is currently looking into starting a family game/craft day where families will be able to come in and enjoy board games, a game of pool, air hockey, ping pong or craft activities such as painting, drawing bracelet making or holiday crafting as the holidays near; utilizing the equipment/supplies that the Park already has. Donations are always welcomed as well as appreciated and can be dropped of at Central Park 10350 Heather Ave, California City, CA 93505. Time And Day of this activity is To Be Determined.
• The Parks and Recreation Department is currently working on a contract to collaborate with California City High School to have volunteers for Park clean-up and event assistance as needed which will in turn provide the community service hours that are required as part of the graduation process for the High School students. Additional information regarding this program will be given as the contract nears completion.
DR: Parks
• Voting will be held at the Strata Center November 5, 2024 Updates:
• The broken window has been replaced at Scouts Lodge
• The vehicle used for the Meals on Wheels program has been recovered. Unfortunately, it was recovered too damaged to continue to use, however, the city is looking at other departments that may have a vehicle the Senior Center can use to continue this program. • The upgrades to the basketball courts and playground equipment at Balsitis Parks are still in progress and on track.
CC 2.
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CITY COUNCIL
Consent Agenda Item:
October 08, 2024
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: Accept the bid as submitted by Griffith Company for the SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St. in the amount of $360,735; and authorize the City Manager to execute the construction agreement.
………………………………………………………………………………………………
Background:
Senate Bill 1 (SB 1), the Road Repair and Accountability Act (RMRA) of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.
The funding from SB 1 will help the City of California City maintain and rehabilitate the network of local roads infrastructure. Public Works Department identified Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St., as priority for this past Fiscal Year, and City Council approved the project submittal to the SB1 system under Resolution No. 06-23-2982.
On September 17, 2024, at 2:00 PM. City Clerk received and opened sealed bids for the SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St. City Clerk received and opened a total of five sealed bids.
The following is the tabulation of the bids:
Bidder Total Bid
Griffith Company $360,735
Nagle Earthworks $388,777
Bowman Asphalt $399,537
ANM Construction $463,512
RC Becker and Son, Inc. $503,435.81
Attached is the Bid Summary.
The City Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Griffith Company. The city is allowing twenty working days for the contractor to complete the project.
Recommendation:
Accept the bid as submitted by Griffith Company for the SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St. in the amount of $360,735; and authorize the City Manager to execute the construction agreement.
Additionally, Staff recommends the approval in the amount of $36,073 Ten percent (10%), for Construction Contingencies crucial to the successful completion of the project. Said funds will be treated as not to exceed without future authorization from Council. These funds are for unforeseen work that may arise during the construction process.
CC 2.
2 of 2
Together with the award of the Construction contract staff will utilize an additional $46,896 to execute a task order with BHT Engineering, Inc. to provide Construction Management/Observation to further guarantee that the City and its residents receive a quality product acceptable in quality, nature, and construction method. BHT and Geotechnical subcontractor will provide continuous inspection and Materials Sampling and Testing as required by the City’s Quality Assurance Program (QAP), which is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications.
Fiscal impact:
Costs: Bid Construction Total: $ 360,735.00
Contingency 10%: $ 36,073.00
Construction Management and Materials
Sampling & Testing 13%: $ 46,896.00
Total Construction Phase Cost: $ 443,704.00
Funding: SB1 Funds: $ 443,704.00
Local Match: 0.00
Environmental action: CEQA Notice of Exemption filed.
Attachments: Bid Summary
Site Map
BHT Engineering, Inc. BHT# 24406
Griffith Nagle Earthworks Bowman Asphalt ANM Construction R.C. Becker Bid Opening: 09/17/2024 @ 2:00 pm Lic No. 88 Lic No. 861047 Lic No. 862672 Lic No.663054 Lic No. 258762 1 9" PULVERIZE IN PLACE (E) SURFACE, GRADE, AND COMPACT TO 95% R.D. HAUL OFF SITE EXCESS MATERIAL S.F. 86,610 $ 86,610.00 1.00 $ $ 0.80 $ 69,288.00 $ 0.90 $ 77,949.00 $ 0.70 $ 60,627.00 $ 1.00 $ 86,610.00 $ 1.69 $ 146,370.90 2 INSTALL TYPE "A" HOT MIX ASPHALT TONS 1,689 $ 130.00 $ 219,570.00 $ 115.00 $ 194,235.00 $ 145.00 $ 244,905.00 $ 130.00 $ 219,570.00 $ 167.00 $ 282,063.00 $ 156.91 $ 265,020.99 3 APPLY FOG SEAL ON NEW PAVEMENT L.S. 1 $ 12,000.00 $ 12,000.00 $ 4,000.00 $ 4,000.00 $ 7,735.00 $ 7,735.00 $ 5,000.00 $ 5,000.00 $ 7,444.00 $ 7,444.00 $ 14,764.49 $ 14,764.49 4 INSTALL YELLOW CENTERLINE - DETAIL 21 - THERMOPLASTIC L.F. 95 $ 18.00 $ 1,710.00 $ 6.00 $ 570.00 $ 19.00 $ 1,805.00 $ 15.00 $ 1,425.00 $ 19.00 $ 1,805.00 $ 20.54 $ 1,951.30 5 INSTALL 12" LIMIT LINE - THERMOPLASTIC L.F. 262 $ 16.00 $ 4,192.00 $ 7.00 $ 1,834.00 $ 25.00 $ 6,550.00 $ 20.00 $ 5,240.00 $ 25.00 $ 6,550.00 $ 21.79 $ 5,708.98 6 INSTALL WHITE PAVEMENT MARKINGS - THERMOPLASTIC S.F. 308 $ 28.00 $ 8,624.00 $ 20.00 $ 6,160.00 $ 32.00 $ 9,856.00 $ 25.00 $ 7,700.00 $ 31.00 $ 9,548.00 $ 38.04 $ 11,716.327 REMOVE/GRIND EXISTING TRAFFIC STRIPES L.F. 150 $ 18.00 $ 2,700.00 $ 10.00 $ 1,500.00 $ 29.00 $ 4,350.00 $ 22.50 $ 3,375.00 $ 28.00 $ 4,200.00 $ 25.54 $ 3,831.00 8 FURNISH AND INSTALL BLUE RETROREFLECTIVE FIRE HYDRANT MARKER EA. 8 $ 56.00 $ 448.00 $ 50.00 $ 400.00 $ 32.00 $ 256.00 $ 25.00 $ 200.00 $ 31.00 $ 248.00 $ 62.50 $ 500.00 9 FURNISH AND INSTALL - PROJECT FUNDING SIGN FOR SB1 - C48 (CA) (48"x30") EA. 2 $ 3,100.00 $ 6,200.00 $ 2,150.00 $ 4,300.00 $ 2,427.00 $ 4,854.00 $ 1,870.00 $ 3,740.00 $ 1,075.00 $ 2,150.00 $ 2,687.50 $ 5,375.00 10 FURNISH AND INSTALL R1-1 SIGN - (36"x36") "STOP " EA. 14 $ 1,000.00 $ 14,000.00 $ 900.00 $ 12,600.00 $ 1,122.00 $ 15,708.00 $ 865.00 $ 12,110.00 $ 1,081.00 $ 15,134.00 $ 1,125.00 $ 15,750.00 11 FURNISH AND INSTALL W3-1 SIGN - (30"x30") "STOP AHEAD" EA. 10 $ 900.00 $ 9,000.00 $ 675.00 $ 6,750.00 $ 1,044.00 $ 10,440.00 $ 805.00 $ 8,050.00 $ 1,006.00 $ 10,060.00 $ 843.75 $ 8,437.50 12 PREPARE AND IMPLEMENT TEMPORARY TRAFFIC CONTROL L.S. 1 34,000.00 $ $ 34,000.00 $ 59,098.00 $ 59,098.00 $ 4,369.00 $ 4,369.00 $ 72,500.00 $ 72,500.00 $ 37,700.00 $ 37,700.00 $ 24,009.33 $ 24,009.33 ENGINEER'S ESTIMATE 399,054.00 $ BID TOTAL 360,735.00 $ BID TOTAL 388,777.00 $ BID TOTAL 399,537.00 $ BID TOTAL 463,512.00 $ BID AMOUNT 503,435.81 $
ENGINEER'S ESTIMATE
TOTAL COST COST PER UNIT TOTAL COST COST PER UNIT TOTAL COST 1 23 5 5
EST. QNTY COST PER UNIT TOTAL COST COST PER UNIT TOTAL COST COST PER UNIT COST PER UNIT TOTAL COST 2024 SB1 FUNDED PROJECT
CITY OF CALIFORNIA CITY
BIDS SUMMARY
REDWOOD BLVD. S. FRONTAGE RD REHABILITATION
GRAHAM ST. TO 88TH ST
ITEM
NO. ITEM CODE UNIT OF MEASURE
T:\4-CALIFORNIA CITY\DOC\2024 Projects\24406 SB1 REDWOOD FRONTAGE\BID PHASE\REDWOOD FRONTAGE RD BIDS SUMMARY Graham St
88th St
3,250' ft
SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St
STAFF REPORT
CITY COUNCIL MEETING
OCTOBER 08, 2024
SUBJECT: Parcel Identification for SDI Tracts and Tiny Home Tracts Purpose
This report outlines the challenges faced by city staff in identifying property owners within the SDI Tracts and Tiny Home Tracts, as well as parcels located within 300 feet of these areas. It also presents two alternatives for addressing the significant workload involved in notifying affected property owners about policy changes.
Background
City staff has been tasked with identifying a large number of parcels within the SDI Tracts and Tiny Home Tracts and gathering property owner information to send public hearing notices. Current methods involve using Kern County GIS to manually map parcels, followed by gathering owner details from Kern Data. This process is highly inefficient, given the scale of the task, and it is not feasible to continue using this method for the volume of parcels that need to be processed.
Current Process and Challenges
1. Manual Parcel Mapping: Staff currently maps each parcel using Kern County GIS software.
2. Owner Identification: After mapping, property owner information is retrieved from Kern Data.
3. Public Notifications: Notices are then prepared and sent to all property owners impacted by the policy change.
This manual approach is time-consuming and labor-intensive, especially given the significant number of parcels that need to be processed.
Proposed Solutions
To streamline the process and improve efficiency, staff recommends considering the following two alternatives:
1. Enlist Services from AES Engineering
o Benefits: AES Engineering can provide professional services to handle the identification, mapping, and notification process for all affected parcels. o Drawbacks: Outsourcing these services could involve significant costs and potential delays depending on the availability of the service provider.
2. Procure ParcelQuest Software (1 User License)
o Overview: ParcelQuest is a property data platform specifically focused on California, providing up-to-date parcel data for all 58 counties, sourced directly from county assessors. It enables users to search for parcel information using tools like parcel search, APN (Assessor’s Parcel Number) maps, and zoning codes. The software is commonly used by real estate professionals, government agencies, and appraisers. o Benefits: ParcelQuest would allow staff to quickly identify parcels within a 300-foot radius of any target parcel and generate an itemized list with details such as ownership information and addresses. Additionally, it can provide address labels, CC3
streamlining the process of notifying affected property owners. The software also enables public outreach, compliance with legal notification requirements, and urban planning tasks, making it ideal for zoning changes and development projects. o Drawbacks: Procuring the software comes with an upfront cost, but it is a long-term investment that could significantly reduce workload and improve efficiency for similar tasks in the future.
Conclusion
Given the size of the task and the inefficiencies of the current manual process, city staff recommends moving forward with one of the two proposed alternatives: either outsourcing the work to AES Engineering or acquiring ParcelQuest software. The latter option offers a more sustainable, long-term solution that could enhance operational efficiency for future projects.
Attachments
1. Quote from AES
2. Quote from Parcel Quest for 1 year service
CC3
Copyright AESI – Confidential
October 4, 2024 Job No. 24-7064R1
City of California City
Joe Barragan
21000 Hacienda Blvd.
California City, CA 93505
RE: Prepare Mailing Label documents for all SDI Tracts, Tiny Homes Tracts and all Parcels within the City Limits Greater or Equal to 10 acres.
We are pleased to provide this cost proposal as outlined below for the above referenced project.
Our proposal is based upon the following:
Our conversations with you
Our experience with similar projects
PROJECT APPROACH
AESI will develop mailing label PDF or Word Document (.docx) forms with mailing information for all property owners within the SDI, Tiny Home Tract areas and for parcels equal to or greater than 10 acres. The data will be developed by performing GIS analysis of the various data available to perform the work.
ASSUMPTIONS
This proposal is based on the following assumptions:
Basis of APNs mailing addresses will be the August 2024 parcel data set obtained from Kern County.
Basis of SDI Tract areas is Kern County Tract polygons for the area and City-provided SDI Tract map exhibit.
We will use the acreage from the Kern County geometry attributes contained within the parcel shapefile polygons to determine parcels of 10 acres or more. Only parcels within the City of California City boundary for the parcels of 10 acres or more will be considered, and no distance buffer will be contemplated. Parcels that are outside of the City boundary will not be included in the mailing list data set, even if they lie within 300’ buffer area. If the City requires these to be included, AESI must be notified by the City prior to beginning work.
Parcels of 9.99 acres will not qualify as a 10 acre parcel. No rounding is contemplated. Data will be provided as an Excel file, a Word document, or PDF file. We will not prepare physical hardcopies of labels.
AESI uses standard Avery 5160 Easy Peel label format. Other format for labels can be used if required.
Understanding that the project is a high priority and rush.
Mailing List for SDI & Tiny Homes Tracts Job No. 24-7064 October 4, 2024 Page 2
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TASK I – PROJECT & DATA DEVELOPMENT
This task includes project development services to generate mailing labels for the SDI Tract and Tiny Home Tracts plus parcels 10 acres or larger.
Project management, coordination and scope preparation (3-1/2 hr) 577 Locate and review latest obtained Assessor GIS data, SDI Tract data and Tiny Home Tract data (2 hr)
260
Perform GIS overlay analysis, extract property owner mailing information for all SDI Tract parcels. Verify results. (5 hr)
650
Perform GIS overlay analysis, extract property owner mailing information for all Tiny Home Tract parcels. Verify results. (3-1/2 hr)
455
Perform GIS overlay analysis, extract property owner mailing information for all parcels greater than or equal to 10 acres within the City Boundary. Verify results. (3-1/2 hr)
455
Secondary QA/QC, format data and create label files. Provide data to the City (4-1/2 hr)
585
TASK I – Project & Data Development $ 2,982
Our scope of work specifically excludes the following work, which may or may not be required:
Obtaining a new dataset of Kern County parcels or tracts from the County Additional services requested beyond those itemized above will be charged on a time and materials, portal to portal basis at our normal hourly rates:
Fee Schedule (Valid From: Jan 2024 – Dec 2024)
Principal Engineer/Engineering Administrator $165.00/hr.
Professional Engineer $130.00/hr.
Associate Engineer/EIT $120.00/hr.
Reimbursable Items
Plots & Scans $20 to 50/ea.
Travel $0.67/mi.
Mailing List for SDI & Tiny Homes Tracts Job No. 24-7064 October 4, 2024 Page 3
Copyright AESI – Confidential
Reimbursable Expenses
- Payments for reimbursable expenses are due 30 days from date of invoice - Reproduction of all documents, including postage and shipping charges shall be paid for at cost plus 15% for handling
- Preparation of electronic documents for distribution (i.e. PDF, DWG, DWF, etc.) - Plotting sheets for Government submittals and Client requests - Attendance at conferences and meetings, other than those mentioned above, as requested by client.
Terms of Payment
To commence with the project, Arrow Engineering Services will require a signed task order and notice to proceed. AESI will place a high priority schedule on the services.
Progress billing will be made on a monthly basis with payment due within 30 days. We reserve the right to suspend work for accounts 30 days past due. Should cessation of our work occur due to payment delays or customer request for a period of 3 months or longer the engineer is not required to complete the work at the previously contracted fee amount. All payments including final payment are due prior to submittal or release of final reports and plans.
Any documents required by your accounting department i.e. W-9, insurance requirements, certified payroll, etc. need to be forwarded to us to aid in the billing process.
Our hourly rate fee schedule is subject to change. If an update is made, you will be notified.
Updated rates will be effective 30 calendar days after notification. This will only affect additional scope and hourly items.
Arrow Engineering is prepared to commence work immediately. If you would like us to proceed with the project, please sign and fax or e-mail this proposal along with the required retainer and the Project Information form. The proposal and fee amount is valid from 30 days of proposal date.
If Arrow Engineering provides surveying services, which require the filing of a Record of Survey or Corner Record in accordance with Business and Professions Code Sections 8762 & 8773, all costs of preparation, examination and filing of said Record of Survey or Corner Record will be paid for by Client as additional services, unless provided for in the above scope of work.
Should Arrow Engineering pursue litigation or arbitration for the enforcement of interpretation of this agreement, the prevailing party in such litigation or arbitration shall be entitled to an award of reasonable attorney’s fees.
Termination – The obligation to provide further services under this Agreement may be terminated by either party upon 7 days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party, or upon 30 days written notice for the convenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall have the right to immediately Mailing List for SDI & Tiny Homes Tracts Job No. 24-7064 October 4, 2024 Page 4
Copyright AESI – Confidential
terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultants compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonable determined by the Consultant, to the total amount of services which were to have been performed.
Right To Rely - In performing its services, Arrow Engineering may receive information prepared or compiled by others, including plans, CAD files, and/or other information. Arrow Engineering is entitled to rely upon the accuracy and completeness of said information, without independent evaluation or verifications. Arrow Engineering will not be held liable for any errors or omissions resulting from the use of plans or data provided by the client or client’s agents in completing the scope of work.
Equitable Adjustment - If the Client suspends the Project, Arrow Engineering shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Arrow Engineering shall be compensated for expenses incurred in the interruption and resumption Arrow Engineering’s services. Arrow Engineering fees for the remaining services and the time schedules shall be equitably adjusted.
The drawings, specifications and other documents prepared by the Engineer/Surveyor for this project are instruments of the service for use solely with respect to this project. The Engineer/Surveyor’s drawing(s) or other documents shall not be used by the owner or others on other projects, except by agreement in writing with appropriate compensation to the Engineer.
Neither the owner nor the Engineer/Surveyor can assign this agreement to a third party without the written consent of the other. All computer files remain the sole property of the engineer.
In the event the Client uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases Arrow Engineering and Arrow Engineering consultant(s) from all claims and causes of action arising from such uses. The Client, to the extent permitted by law, further agrees to indemnify and hold harmless Arrow Engineering and its consultant(s) from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Client’s use of the Instruments of Service under this Section.
Mailing List for SDI & Tiny Homes Tracts Job No. 24-7064 October 4, 2024 Page 5
Copyright AESI – Confidential
If you have any questions or wish to discuss the project, we will be happy to meet with you at your earliest convenience.
Sincerely,
Brian D. Glidden, P.E., L.S.
Registered Civil Engineer RCE 48287
Licensed Surveyor LS 7727
I have read the above conditions and herby accept the scope of work and fee amount in this proposal. I’m authorized to commit the organization by signing below.
Signature Date
Agency - City of California City Title
ParcelQuest Quote: City of California City
Quote Date: 10/03/2024 QuoteID: 8392
Service/Region Freq/GroupPrice EachQtyYrs DiscountAdjusted Line Total ParcelQuest.com AccountAviator 1 $2,999.00 1 1 0% $2,999.00 Subtotal $2,999.00
Shipping $0.00
Interest (1.5000%) $0.00
Sales Tax (8.00000%) $0.00
Grand Total $2,999.00
Quote Date: 10/03/2024 QuoteID: 8391
Service/Region Freq/Group Price Each Qty Yrs Discount Adjusted Line Total ParcelQuest.com Account Navigator 1 $2,399.00 1 1 0% $2,399.00 Subtotal $2,399.00
Shipping $0.00
Interest (1.5000%) $0.00
Sales Tax (8.00000%) $0.00
Grand Total $2,399.00
Michael Urbani
Senior Account Executive
193 Blue Ravine Road, Suite 120
Folsom, California 95630
CC 4.
4890-1617-3548 v3 Page 1 of 10
RIV #4862-3787-1256 v1 DRAFT
EMPLOYMENT AGREEMENT
For the Position of
CITY MANAGER
This Employment Agreement for the Position of City Manager (“Agreement”) is made and entered into this 8th of October, 2024, by and between the CITY OF CALIFORNIA CITY ("CITY"), a California municipal corporation and general law city, and CHRISTOPHER LOPEZ (“LOPEZ”), an individual, on the following terms and conditions set forth below.
Both CITY and LOPEZ may individually be described as a “Party” or jointly described as the “Parties.”
RECITALS
A. CITY desires to employ the services of LOPEZ as its City Manager, to carry out the duties and responsibilities of City Manager as defined herein and in the CITY’s Municipal Code.
B. LOPEZ desires to accept employment as City Manager in consideration of, and subject to, the terms, conditions, and benefits set forth in this Agreement.
C. CITY has selected LOPEZ after an extensive competitive recruitment process, including review of resumes and related materials from numerous potential candidates, and interview with the full City Council.
OPERATIVE PROVISIONS
In consideration of the terms, conditions, promises and agreements herein, the Parties agree as follows:
1. Position and Duties.
1.1 Position. LOPEZ accepts employment with CITY as its City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. LOPEZ shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that the City Manager shall keep the City Council fully informed of all significant ongoing operations of CITY. Toward that end, LOPEZ shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY.
1.2 Commencement Date / Period of Employment. The Parties agree that this Agreement shall commence and will be effective as of October __, 2024, provided that and subject to, approval of the Agreement by CITY’s City Council, execution of the Agreement by LOPEZ and CITY’s Mayor, and LOPEZ’s successful completion of a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider as determined by CITY Human Resources, no later than fourteen (14) calendar days after execution of this Agreement. The Parties agree that the effective date 4890-1617-3548 v3 2
in this paragraph 1.2 may be delayed subject to the City’s receipt of LOPEZ’s background report following the Live Scan, the City taking reasonable time to review such report, and the City’s determination that LOPEZ does not have a disqualifying conviction. LOPEZ shall serve as City Manager for an initial term of three (3) years and up to two (2) one (1) year extensions upon agreement of the Parties, subject to either of the Parties terminating the Agreement as provided in Section 6 [Termination] of this Agreement.
1.3 At-Will. LOPEZ acknowledges that he is an at-will employee of CITY who shall, at all times, serve at the pleasure of the City Council during the period of his service hereunder. The terms of CITY’s Personnel Manual, memoranda of understanding, or collective bargaining agreements (collectively “Personnel Policies”), except as otherwise specifically provided in this Agreement to the contrary, shall not apply to LOPEZ, and nothing in this Agreement is intended to, or does, confer upon LOPEZ any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment as City Manager, except as is expressly provided in Section 6 [Termination] of this Agreement.
Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of LOPEZ as City Manager as provided in Section 6 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of LOPEZ to resign at any time from the position of City Manager with CITY, subject only to the provisions set forth in Section 6 [Termination] of this Agreement.
1.4 Duties. LOPEZ shall serve as CITY’s City Manager and shall be vested with the powers, duties and responsibilities of the City Manager set forth in the CITY’s municipal code, as may be amended from time to time, the terms of which are incorporated herein by reference, and as set forth in the Job Description for the position of City Manager attached hereto and incorporated hereby by reference as Exhibit “A". Any conflict between rights, obligations, duties or terms this Agreement and the CITY’s municipal code shall be resolved in favor of this Agreement. It is the intent of the City Council that LOPEZ act as City Manager of CITY’s organization. Without additional compensation, LOPEZ shall provide such other services as are customary and appropriate to the position of City Manager, including additional services assigned from time to time by the City Council as may be consistent with California law and the CITY’s municipal code. LOPEZ shall devote his best efforts and full-time attention to the performance of these duties.
1.5 Hours of Work. LOPEZ shall devote the time necessary to adequately perform his duties as City Manager. The Parties expect that a minimum of forty (40) hours per week during regular business hours, as well as additional time outside of the normal business hours, will be required to satisfy this requirement. Toward that end, LOPEZ shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of such hours delivers adequate availability to the City Council, CITY staff, and members of the community during normal CITY business hours and for the performance of his duties and of CITY business. The position of City Manager shall be deemed an exempt position under California wage and hour law and under the federal Fair Labor Standards Act. 4890-1617-3548 v3 3
LOPEZ’s compensation (whether salary or benefits or other allowances) is not based on hours worked and LOPEZ shall not be entitled to any compensation for overtime.
1.6 Regional and Professional Activity. The City Council desires LOPEZ to be reasonably active in national, statewide, regional and professional organizations that will contribute to City Manager’s professional development and standing and that will contribute to the advancement of CITY’s interests and standing. Toward that end, LOPEZ may, upon advance approval by the City Council, undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California League of Cities, the International City/County Management Association, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect his employment as City Manager or the performance of his duties as provided herein and have been approved in advance by the City Council. CITY agrees to budget and pay for the dues and subscriptions of the City Manager necessary for his participation in national, statewide, regional and professional organizations that have been approved by the City Council. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, LOPEZ’s reasonable and necessary travel, business and subsistence expenses for the activities described herein.
1.7 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, LOPEZ shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of LOPEZ’s duties as City Manager.
1.8 Reimbursement. CITY shall reimburse LOPEZ for reasonable and necessary travel, subsistence and other business expenses incurred by LOPEZ in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and relevant CITY policies.
2. Compensation.
2.1 Base Salary. LOPEZ shall receive an annual base salary of one hundred ninety thousand dollars and no cents ($190,000.00) paid on a pro-rated basis according to the bi-weekly payroll schedule in place for CITY employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs.
2.2 Adjustments to Compensation. Any adjustment in compensation, including base salary, COLA, merit increases, adjustment in benefits or other compensation shall be solely at the discretion of the City Council. The Parties agree that LOPEZ will receive the same COLA adjustments as employees in the Miscellaneous bargaining group, as may be 4890-1617-3548 v3 4
approved by City Council. Adjustments to LOPEZ’s compensation are not governed by or subject to CITY’s Personnel Policies. All adjustments in compensation are subject to approval by the affirmative majority vote of the City Council voting on the item at a duly noticed and agendized public meeting. Adjustments to compensation are also subject to LOPEZ satisfactorily completing, in the determination of the City Council, an annual performance evaluation, to be conducted and completed by the last regular Council meeting in October of each year. Should the Parties not be able to perform the evaluation in October, it shall be conducted at the soonest agreeable date for the Parties.
3. Benefits.
3.1 Benefit Group. CITY will provide LOPEZ benefits consistent with those provided to CITY at-will management employees, including health, dental, vision, and disability insurance benefits, except as expressly stated herein to the contrary.
3.2 Vacation. Upon the Commencement Date, LOPEZ shall be credited with one hundred-ten (110) hours of vacation leave, which shall continue to accrue at 4.23 hours per pay-period. Any unused, accrued vacation not in excess of 160 hours shall roll over to the next calendar year. Any hours in excess of 160 hours remaining in LOPEZ's vacation leave bank on June 30, of each calendar year while this Agreement is in effect, shall be paid to him at his current rate of pay.
3.3 Sick Leave. Upon the Commencement Date, LOPEZ shall be credited with eighty (80) hours of sick leave, which shall continue to accrue at four (4) hours per payperiod. Accrued Sick Leave shall roll over from year-to-year subject to a cap of one hundred (100) hours. Unused sick leave shall have no cash value upon separation of employment.
3.4 Executive Leave. Upon the Commencement Date, LOPEZ will be credited with one-hundred (100) hours of Executive Leave. Subject to the accrual cap provided in this subsection, 100 (100) hours of Executive Leave shall be credited annually on the Agreement’s anniversary date. Accrual of Executive Leave is capped at one hundred (100) hours. Unused Executive Leave shall have no cash value upon separation of employment.
3.5 Bereavement Leave. In the event LOPEZ is absent from work by reason of a death in the immediate family, he may be allowed a leave of absence with pay. LOPEZ may be allowed up to five (5) cumulative working days, or forty (40) hours, per occurrence.
Such leave will not be deducted from LOPEZ’s sick leave. Bereavement leave shall have no cash value upon separation of employment. “Immediate family” under this subsection means: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent in law.
3.6 Holidays. LOPEZ shall receive paid City holidays in the same manner as other at-will management employees and such hours shall not be deducted from any leave bank.
4. Retirement Benefits.
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4.1 Benefit Formula and Employee Contribution. CITY intends to maintain its current retirement plan with the State of California’s Public Employees Retirement System (“CalPERS”) and to include LOPEZ thereunder consistent with relevant state law and shall receive the same PERS benefit provided to non-sworn CITY employees.
4.2 Deferred Compensation. LOPEZ shall be entitled to participate in the City's deferred compensation plan. The City further agrees to contribute to LOPEZ’s deferred compensation plan 5% of his base salary per pay period subject to the terms and conditions of the City’s 457 plan and any other limitations as set by law. LOPEZ will be immediately vested in all contributions made under this paragraph.
5. Miscellaneous Benefits.
5.1 Assigned City Take-Home Vehicle. During the period of employment, CITY will provide LOPEZ a CITY-owned vehicle assigned to him for his business use, including travel to and from his residence and work, but not including personal use, except for incidental personal use during work hours or during commute times. CITY shall pay for all eligible fuel costs, premiums for a policy of auto liability coverage, and regular maintenance and repair and shall otherwise keep the vehicle in good working condition. LOPEZ shall obey all traffic laws relating to operation of motor vehicles and shall use due care and caution in its operation and report any damage or accident involving the Take-Home Vehicle promptly to CITY risk management. LOPEZ shall be responsible for damage, including costs of repair, to the Take Home Vehicle caused by negligence or violation of state law.
5.2 Related Business Equipment. CITY shall issue LOPEZ a CITY-owned cellular phone to be utilized for CITY business purposes. CITY shall pay the associated data plan.
6. Termination.
6.1 By LOPEZ. LOPEZ may terminate this Agreement for any reason, and at any time, by providing CITY with forty-five (45) days prior written notice.
6.2 By CITY Not-for-Cause. LOPEZ is an at-will employee serving at the pleasure of the City Council. Accordingly, the City Council may terminate this Agreement at any time by a majority vote of its members with forty-five (45) days prior written notice. No further salary or benefits shall be paid after the date of termination of this Agreement except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which LOPEZ may otherwise be entitled to receive under the law.
The City Council may not, however, remove LOPEZ during the 180-day period preceding or following any City election for membership on the City Council, or during the 180-day period following any change in membership of the City Council, except upon unanimous vote of the City Council or for cause as defined more fully below. 4890-1617-3548 v3 6
6.3 Severance. In the event the City Council terminates this Agreement not-forcause, LOPEZ shall be entitled to six (6) months’ base salary or the remainder of the term of this Agreement, whichever is less.
6.4 By CITY for Cause. CITY may immediately terminate this Agreement at any time by providing LOPEZ written notice of his termination for cause. No Severance or any further salary shall be paid in the event LOPEZ’s employment is terminated for cause except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which LOPEZ may otherwise be entitled to receive under the law. For purposes of this Agreement, cause for termination shall be deemed to exist where:
(1) LOPEZ is convicted of any misdemeanor or felony under state or federal law;
(2) LOPEZ commits any flagrant act of dishonesty or any act involving moral turpitude, which materially and adversely affects the image of the City or the ability of the City Manager to execute his duties or his ability to lead City employees; (3) LOPEZ commits gross negligence in the performance of any of his City Manager duties. Mere inefficiency or good faith errors in judgment or discretion shall not constitute “gross negligence”;
(4) LOPEZ’s abuse of drugs or alcohol that materially and adversely impacts his ability to perform his duties as City Manger;
(5) LOPEZ repeatedly is absent from work without prior
authorized excuse;
(6) LOPEZ breaches any material term of this Agreement; (7) LOPEZ commits a violation of the CITY’s Municipal Code; (8) LOPEZ commits a material failure to disclose information regarding the business or operation of the CITY that hinders or impairs the City Council’s ability to make informed decisions on projects, policies or legislative actions, or;
(9) LOPEZ commits a material failure to follow clear and legal directives of a majority of the City Council provided in a duly noticed public meeting, including closed session.
4890-1617-3548 v3 7
LOPEZ expressly waives any rights to any form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except when LOPEZ has a California or federal constitutional right to a name-clearing hearing.
6.5 Termination Obligations. LOPEZ agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined in Section 7), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of LOPEZ’s employment. LOPEZ’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
6.6 Benefits Upon Termination. All benefits to which LOPEZ is entitled under this Agreement shall cease upon LOPEZ’s termination, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to LOPEZ, or unless otherwise required by law.
6.7 Reimbursement Under Certain Circumstances. LOPEZ acknowledges that Government Code Sections 53243 through 53243.4, inclusive, may require LOPEZ to reimburse CITY for certain payments made by CITY to LOPEZ during the term of his employment with CITY should he be convicted of a crime within the meaning of Section 53243.4.
7. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by CITY, LOPEZ shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, LOPEZ shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. LOPEZ’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
8. Conflict Of Interest.
LOPEZ represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, 4890-1617-3548 v3 8
which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
9. General Provisions.
9.1 Vehicle Operation. LOPEZ shall operate any vehicle used in connection with the performance of his duties as City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile driver’s license during the period of employment.
9.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in LOPEZ’s personnel file. LOPEZ agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City’s Notice Address:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Attn: Mayor and City Council
City Manager’s Address:
[Deliver to last updated address in
personnel file.]
9.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Gov. Code § 810 et seq.], CITY will indemnify, defend, and hold LOPEZ harmless from and against any claim, action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during LOPEZ’s tenure as City Manager (“Matters”). This indemnification obligation shall survive expiration and termination of this Agreement only as to those Matters occurring during the term of the Agreement, and for which the corresponding claim, action, demand, suit, monetary judgment or other legal or administrative proceeding occurs or continues after the expiration or termination of this Agreement.
9.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance.
9.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of LOPEZ’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of LOPEZ, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to LOPEZ and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
4890-1617-3548 v3 9
9.6 Amendments. This Agreement may not be amended except in a written document signed by LOPEZ, approved by the City Council, and signed by CITY’s Mayor.
9.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
9.8 Assignment. LOPEZ shall not assign any rights or obligations under this Agreement.
9.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
9.10 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
9.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Kern County, State of California.
9.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
9.13 Acknowledgment. LOPEZ acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and LOPEZ has signed and executed this Agreement, as of the date first indicated above.
CITY MANAGER
Christopher Lopez
CITY OF CALIFORNIA CITY
Kelly Kulikoff, Mayor
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ATTEST:
Leanndrea Weible , Deputy City Clerk
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
Victor Ponto, City Attorney
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
4879-4072-7532 v1
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA, APPOINTING
CHRISTOPHER LOPEZ AS CITY MANAGER AND
UPDATING THE SALARY SCHEDULE
WHEREAS, the City Council of the City of California City (“City”) proposes to, and hereby does by this resolution, enter into an employment agreement (“Agreement”) with Christopher Lopez to serve as the City’s City Manager, subject to successful completion of the background check as provided in paragraph 1.2 of the Agreement. The Agreement is attached hereto as Exhibit “A”;
WHEREAS, title 2 of the California Code of Regulations, section 570.5, requires that the City publishes an accurate salary schedule that provides salary ranges for each authorized classification; and
WHEREAS, by adoption of this resolution, the City intends to enter into the Agreement with Mr. Lopez and comply with the necessary regulations of the Public Employees’ Retirement Law by providing an accurate salary schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby incorporates the above recitals herein by reference.
SECTION 2. The City Council hereby appoints Christopher Lopez as City Manager upon Mr. Lopez’s successful completion of the background check as provided in paragraph 1.2 of the Agreement, and approves the Agreement attached hereto as Exhibit “A” and authorizes the Mayor to execute the Agreement.
SECTION 3. The City Council hereby approves and adopts a revised salary schedule as required by law. Modified portion of the revised salary schedule is attached hereto as Exhibit “B.”
PASSED, APPROVED AND ADOPTED this 8th day of October, 2024.
Kelly Kulikoff, Mayor
4879-4072-7532 v1
ATTEST:
Leanndrea Weible, City Clerk
APPROVED AS TO FORM:
Victor Ponto, City Attorney
4879-4072-7532 v1
STATE OF CALIFORNIA
COUNTY OF KERN
CITY OF CALIFORNIA CITY
I, Leanndrea Weible, Deputy 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, Deputy City Clerk
CB 1.
COUNCIL AGENDA ITEM
October 08, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: Airport Contract
BACKGROUND/ DISCUSSION
After careful consideration, council approved Tech 45 to assist the City with operations and maintenance. This partnership has been long-awaited and highly anticipated by our community. Having Tech 45 oversee operations and maintenance of the airport under the direction of the city will undoubtedly bring numerous benefits to our beloved city. Tech 45’s expertise and experience in the aviation industry make them well-suited for the task of managing our airport. Under their guidance, I am confident that our airport will thrive and provide top-notch services to the community.
We are now respectfully requesting that the council review and approve the finalized agreement between Tech 45 and the city. With your approval, we can move forward with implementing the contract and working towards the mutual goal of maintaining a well-functioning airport for the benefit of our citizens.
FISCAL IMPACT
The compensation payable to AIRPORT MANAGER pursuant to the obligations and work to be performed under this Agreement shall be Ten Thousand and 00/100 Dollars ($10,000.00) monthly payable in arrears on the fifteenth of each month that services were rendered. The management fee shall be exclusive of applicable gross receipts taxes, and exclusive of costs and expenses of Airport operations and maintenance which are reimbursable to the AIRPORT MANAGER as set forth herein
COUNCIL OPTIONS
City Council approves the contract.
City Council continues discussion the contract
City Council takes no further action.
CB 1.
RECOMMENDATION
Staff recommends the City Council approves this contract. 1 AIRPORT MANAGEMENT AGREEMENT
For the Operation and Maintenance of the California City Municipal Airport This Airport Management Agreement (this “Agreement”) for the Operation and Maintenance of the California City Municipal Airport (“AIRPORT”) is executed as of and made effective as of ________, 2024 (the “Effective Date”) by and between the CITY OF CALIFORNIA CITY, a California municipal corporation, whose address is 21000 Hacienda Boulevard, California City, California, 93505 (the “City”) and TECH 45 AIRPORT MANAGEMENT (“AIRPORT MANAGER”) for the operation and maintenance of the AIRPORT.
The CITY and the AIRPORT MANAGER do hereby agree and state as follows:
WHEREAS, the CITY owns and operates the AIRPORT consisting of approximately two hundred forty-five (245) acres in size, located at 22636 Airport Way, California City, County of Kern, State of California and designated by the Federal Aviation Administration (“FAA”) as “L71”; and
WHEREAS, the CITY and the AIRPORT MANAGER desire to enter into this Agreement under which the AIRPORT MANAGER shall operate and maintain the AIRPORT under the direction of the CITY for the period set forth in Section 1 of this Agreement; NOW, THEREFORE, in consideration of the terms and conditions listed hereinafter, the parties hereto desire to set forth herein their respective covenants and obligations with regard to the duties, responsibilities and compensation and other considerations of the AIRPORT MANAGER, all as set forth hereafter:
Section 1. Term and Amount
A. Term. This Agreement shall be for a period of one (1) year, beginning on _____________, 2024 and expiring at 12:01 a.m. local time on _____________, 2025 (“Contract End Date”), unless extended further by written agreement of the CITY and AIRPORT MANAGER.
B. Management Fee. The compensation payable to AIRPORT MANAGER pursuant to the obligations and work to be performed under this Agreement shall be Ten Thousand and 00/100 Dollars ($10,000.00) monthly payable in arrears on the fifteenth of each month that services were rendered. The management fee shall be exclusive of applicable gross receipts taxes, and exclusive of costs and expenses of Airport operations and maintenance which are reimbursable to the AIRPORT MANAGER as set forth herein.
Section 2. Duties and Responsibilities of AIRPORT MANAGER The AIRPORT MANAGER shall operate and maintain the Cal City Municipal Airport as set forth herein:
A. The AIRPORT MANAGER shall operate and maintain the AIRPORT using guidelines in accordance with the regulations of the FAA, all grant agreements and 2 any and all grant assurances thereto, FAA Order 5190.6B, directives and orders of the FAA, the State of California, and the CITY.
B. AIRPORT MANAGER shall maintain separate financial accounting records to properly record and categorize expenses incurred in connection with this Agreement on a basis that is consistent with Generally Accepted Accounting Principles (“GAAP”) and of sufficient detail to assure the CITY of the safeguarding of the assets being managed, and in accordance with the standards required by applicable federal and State regulations. CITY or its agent shall have the right, at CITY’s expense and at reasonable times upon prior notice to AIRPORT MANAGER, to examine the books and records of AIRPORT MANAGER with respect thereto.
C. AIRPORT MANAGER shall at all times comply, and shall use reasonable efforts to cause all users of the Airport to comply, with all applicable laws, all regulations imposed by and all other matters relating to the FAA that affect the Airport, Airport grant assurances, and any other rules or regulations imposed by governmental agencies with jurisdiction over the Airport, including the CITY.
D. The AIRPORT MANAGER shall be responsible for safety and security of the AIRPORT. The AIRPORT MANAGER shall be responsible for hiring, supervising and adequately training any employees needed to operate the AIRPORT to ensure its safe operation.
E. The AIRPORT MANAGER shall assume all of the existing obligations of the CITY under grant agreements, grant assurances thereto, and, as appropriate, surplus and non-surplus property deeds. AIRPORT MANAGER shall agree to the grant assurances applicable to a private AIRPORT MANAGER for any future grants, but initially will also be obligated to comply with the public AIRPORT MANAGER’s assurances as long as they would have been in effect for the CITY if the CITY were operating the AIRPORT. City and AIRPORT MANAGER agree that any federal or state funds received shall be disbursed and accounted for in accordance with the terms and conditions of the applicable grant or loan program, and that federal procurement requirements will be followed with respect to any federal funds used for the AIRPORT.
F. The AIRPORT MANAGER shall operate and maintain the AIRPORT for the safe use and benefit of the public; the AIRPORT MANAGER shall make available all AIRPORT facilities and services (runways, taxiways, ramp, pilot facilities, parking) on fair and reasonable terms and without discrimination, and shall grant rights and privileges for the use of the aeronautical facilities at the AIRPORT to all qualified persons and companies.
G. The AIRPORT MANAGER shall close the airport if it is deemed that an emergency exists justifying closure, notify the FAA of the closure immediately, clearly designating the closure with markings, signs and devices consistent with FAA regulations, cooperate fully with the FAA and the California Department of 3 Transportation and, as appropriate, with the National Transportation Safety Board (“NTSB”) on accident investigations, immediately notify emergency response entities of the emergency, and work to clear the incident, repair any damage, and re-open the airport only when safe.
H. The AIRPORT MANAGER shall represent the CITY at construction meetings, permitting meetings, meetings with the FAA, meetings with the airport’s engineer, meetings with the public, meetings with the Department of Transportation and such other AIRPORT-related meetings at such times and places as the CITY may request.
Participation may be in-person or by teleconference.
I. The AIRPORT MANAGER shall serve as the point of contact for airport business as designated by the CITY, but shall not have this responsibility with respect to grants of the FAA or the California Department of Transportation.
J. The AIRPORT MANAGER shall work with designated City Staff to prepare the annual budget for the AIRPORT and assist with the management of the budget during fiscal year.
K. The AIRPORT MANAGER shall, along with the CITY’S ongoing marketing and economic development efforts, market the AIRPORT to potential tenants, aviation groups, and the general public.
L. The AIRPORT MANAGER shall consult frequently and as needed with the CITY by phone, in-person, or in writing concerning pending issues and matters of business at the AIRPORT and may be required from time to time attend regular staff meetings of CITY staff and regular meetings of the CITY Commission.
M. The AIRPORT MANAGER shall, along with the CITY, develop and put in place airport rules and regulations consistent with FAA Order 5190.6B.
N. Consistent with Grant Assurance No. 24 (Fee and Rental Structure), the AIRPORT MANAGER shall be responsible to manage all revenue leases of AIRPORT property and shall maintain accurate and complete hangar rent receipt books.
Revenue from leases of AIRPORT property shall be transmitted to the CITY monthly, and the CITY shall keep the revenue in a special fund dedicated to airport operations.
O. The AIRPORT MANAGER shall be responsible for all activities related to AIRPORT leases, including renewal, issuance of new leases, enforcement of lease obligations and enforcing airport rules and regulations on the activities of leases.
The AIRPORT MANAGER shall be responsible for general enforcement of the airport rules and regulations on airport lessees, pilots and passengers, and any commercial service providers. The AIRPORT MANAGER shall not enter into leases permitting nonaeronautical use of any place on the property without FAA concurrence.
4 P. The AIRPORT MANAGER shall ensure that no single AIRPORT MANAGER has an exclusive right to use the facility pursuant to FAA Grant Assurance No. 24.
Q. The AIRPORT MANAGER shall coordinate with and assist authorized commercial providers in their operations at the AIRPORT.
R. The AIRPORT MANAGER shall provide, if called upon, information to the CITY Manager related to the operation of the AIRPORT that might be needed fore the CITY’S annual budget development process, and assist, if called upon, with questions related to airport operations and the airport budget or expenses that might arise as a part of the CITY’S or any funding source’s annual audit of the AIRPORT.
S. The AIRPORT MANAGER shall operate all equipment and property comprising the AIRPORT, including runways, taxiways, ramps, radio equipment, buildings, storage tanks, pumps, trucks, heavy equipment, mowers, airport lighting, airport signs and pavement markings, weather and navigational aids, parking lots and entry road (free of debris and snow), walkways, restroom facility, and other airport infrastructure, in good, safe and operational condition, so long as necessary maintenance or repair does not exceed the sum of $500.00 in which case the need shall immediately be reported to CITY management.
T. The AIRPORT MANAGER shall arrange for non-routine capital replacement of CITY equipment as agreed to or as directed by the CITY Manager.
U. The AIRPORT MANAGER shall prepare and submit all necessary documentation required for reimbursement for routine maintenance on CITY equipment at the AIRPORT that is performed each month. The AIRPORT MANAGER shall prepare a detailed invoice describing the maintenance performed, and the CITY shall reimburse the AIRPORT MANAGER for non-routine maintenance only after the CITY authorizes the AIRPORT MANAGER to perform the work.
V. The AIRPORT MANAGER shall make recommendations to the CITY concerning capital facilities and equipment acquisition and replacement, and submit the recommendations to the CITY on a quarterly basis.
W. The AIRPORT MANAGER shall make recommendations to the CITY concerning the acquisition of needed non-capital facilities, supplies, consumables and services, for which reimbursement is expected, and submit to the CITY from time-to-time as needed.
X. The AIRPORT MANAGER shall cooperate with the CITY’S airport engineering firm with its long-term and infrastructure planning efforts and capital projects at the AIRPORT.
Y. The AIRPORT MANAGER shall attend meetings of the Airport Advisory Board once established, in-person or by teleconference, and advise the ASSISTANT CITY Manager on any items for discussion or business to include on the agenda; the AIRPORT MANAGER shall make presentations of interest which include the 5 number of operations, fuel sold, passenger enplanements, airport planning and development, and other topics of timely interest.
Z. The AIRPORT MANAGER shall inspect the AIRPORT on a regular basis, including but not limited to runways, taxiways, ramps and parking areas, to ensure the AIRPORT is in safe condition for aeronautical activities.
AA. The AIRPORT MANAGER shall regularly inspect fuel storage and dispensing equipment for leaks and safe operation, including dispensing vehicles, fuel farms, fuel pumps, and any variances from required safety and environmental standards shall immediately be reported to the owner of the equipment and the CITY.
BB. The AIRPORT MANAGER shall ensure prompt cleaning and removal of all foreign objects and debris, soil, stones, and other hazards to aircraft or aviation from the runways, taxiways, ramps, and aircraft parking areas.
CC. The AIRPORT MANAGER shall issue and cancel all required notices to the FAA, State and local authorities pertaining to airport operations and safety (NOTAMs).
DD. The AIRPORT MANAGER shall not permit the use of the AIRPORT to be used for any illegal or unauthorized purpose, or any hangar, vehicle or equipment for any illegal or unauthorized use.
EE. All CITY equipment shall remain on the AIRPORT and not be used for personal use or gain, or any purpose other than the operation of the AIRPORT and AIRPORT MANAGER’s personnel shall be trained and, when appropriate, licensed and insured for the operation of the equipment they use.
FF. The AIRPORT MANAGER shall perform all the tasks set forth herein under the general supervision of the CITY.
GG. The AIRPORT MANAGER shall operate and manage the parking lot at the AIRPORT.
HH. The AIRPORT MANAGER owns sole rights to all processes, forms, procedures, advertising and media produced and maintained for the AIRPORT other than those required by local, State or federal regulations.
II. The AIRPORT MANAGER owns sole rights to all equipment and assets procured and paid for solely by Tech 45 Airport Management with its own funds.
Section 3. Assignment or Sale
A. The AIRPORT MANAGER shall not assign this Agreement or any right hereunder to any person, corporation, or association without the prior written approval of the CITY. The AIRPORT MANAGER shall not sell or transfer this Agreement to any person, corporation, or association, without the prior written approval of the CITY. 6 Any such assignment shall be grounds, at the option of the CITY, for the CITY to immediately terminate this Agreement.
B. This Agreement may be terminated by either the CITY or the AIRPORT MANAGER if either fails to materially abide by the terms and conditions expressed herein, or by mutual agreement and consent of both parties in writing. Should the AIRPORT MANAGER file for bankruptcy or the AIRPORT MANAGER be deemed incompetent, or dissolve, this Agreement shall immediately terminate. In the event the AIRPORT MANAGER uses the CITY’S AIRPORT property for any illegal or unauthorized purpose, files for bankruptcy, abandons or leaves the property vacant or unoccupied for fourteen (14) consecutive days, or violates any of the terms and conditions of this Agreement, the CITY has the right to terminate this Agreement and retake possession of its AIRPORT property under the control and lease of the AIRPORT MANAGER.
C. At the termination of this Agreement (unless extended by actual written acceptance), either by normal expiration, premature termination, or mutual agreement, the AIRPORT MANAGER shall peaceably vacate the Airport. Any furniture or equipment entrusted to the AIRPORT MANAGER shall be returned to the CITY in the same condition as it was when issued, normal wear expected.
D. The PARTIES HERETO may provide written notice to the other Party not less than sixty (60) days of their intention to not renew or terminate this Agreement under any circumstance.
Section 4. Airport Manager Insurance Requirements
A. AIRPORT MANAGER shall, during the entire Term of this Agreement, maintain the following insurance, as an Airport operating expense to this Agreement, for the mutual benefit of CITY and AIRPORT MANAGER, under policies naming CITY as an additional insured, in such amounts and kind as are reasonably satisfactory to CITY. The Parties agree that said coverage will include, at a minimum:
1. Airport Liability Insurance. A policy of airport liability insurance, providing coverage for, among other things, airport operations, blanket contractual liability, Airport, products/completed operations, and personal injury coverage.
2. Comprehensive Auto Liability Insurance. A policy of auto liability insurance endorsed for all owned, non-owned and hired vehicles with a combined single limit of at least One Million Dollars ($1,000,000).
3. Workers’ Compensation Insurance. A program of workers’ compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including employers’ liability covering all persons providing services on behalf of AIRPORT MANAGER and all risks to such persons under this Agreement. 7 4. Builder’s Risk Insurance. Before commencement of any demolition or construction work, AIRPORT MANAGER shall procure a policy of builder’s “all risk” insurance including vandalism and malicious mischief coverage, in a form and with a company reasonably acceptable to CITY, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor’s, subcontractor’s, and construction manager’s tools and equipment and property owned by contractor’s or subcontractor’s employees (“Builder’s Risk Insurance”), said insurance to be maintained in force until completion and acceptance of the work.
B. Review of Insurance Requirements. The amount and types of insurance to be maintained pursuant to this Agreement shall be reviewed by CITY and AIRPORT MANAGER at reasonable intervals to consider whether, in CITY’s reasonable discretion, the amount of coverage shall be increased or decreased and whether the type of coverage should be modified.
C. Policy Provisions. All insurance required under this Agreement shall be effected under valid enforceable policies issued by insurers of recognized responsibility and licensed to do business in the State of California. Such insurance shall be provided by a company (or companies) having a general policyholder’s rating in Best’s Rating Guide of A- or better. Certificates evidencing all such policies shall be delivered to CITY. AIRPORT MANAGER shall use its best effort to obtain insurance policies that contain language as follows: (i) a non cancellation clause except upon no less than 30 days’ prior written notice: (ii) a waiver by the insurer of the right of subrogation against CITY; and (iii) the policies are primary and noncontributing with any insurance that may be carried by AIRPORT MANAGER.
1. All policies of insurance required herein shall name CITY and AIRPORT MANAGER as the insureds as their respective interests may appear.
Subject to the provisions and limitations herein set forth, all Builder’s Risk Insurance policies shall also provide, if required by either Party hereto, for any loss thereunder to be payable to any mortgagee as their respective interests may appear, pursuant to a standard mortgagee clause or endorsement The loss, if any, under said Builder’s Risk Insurance policies shall be adjusted by AIRPORT MANAGER with the insurance companies.
2. Any loss paid under Builder’s Risk Insurance to AIRPORT MANAGER shall be held by AIRPORT MANAGER in trust for application first to the restoration of the Airport (with any balance remaining thereafter to become CITY’s sole property, subject, however, to the rights of any mortgagee).
3. AIRPORT MANAGER shall be entitled to maintain any of the insurance, required pursuant this Section 4, under a blanket policy or policies of insurance that covers other properties owned, leased and/or operated by AIRPORT MANAGER or its affiliates, provided that no insurance required hereunder is limited, decreased or modified as a result thereof (whether as 8 the result of any co-insurance, excess coverage or other term or provisions of such blanket policy).
D. Waiver of Subrogation. AIRPORT MANAGER hereby waives its right of recovery against CITY for any loss covered by insurance policies required by this Agreement, to the extent of the insurance coverage is actually provided thereby.
E. Indemnification. AIRPORT MANAGER agrees to indemnify, defend, and save harmless, CITY, and CITY’s agents, officers, employees, and contractors from and against any and all claims, liabilities, expenses, damages, costs (including, but not limited to, litigation costs and attorneys’ fees) arising from or connected to AIRPORT MANAGER’s conduct, acts or omissions under this Agreement except to the extent those claims arise from the conduct, acts or omissions of CITY, its officers, agents, or employees. However, if the CITY consents to AIRPORT MANAGER’s assignment of the AIRPORT MANAGER’s interest in the Agreement, AIRPORT MANAGER has no obligation to indemnify, defend, or save harmless, CITY, or CITY’s agents, officers, employees, and contractors from or against any and all claims, liabilities, expenses, damages, costs (including, but not limited to, litigation costs and attorneys’ fees) arising from or related to the Agreement following such assignment date.
Section 5. Termination
A. This Agreement may be terminated prior to the Contract End Date by either the CITY or the AIRPORT MANAGER if either fails to materially abide by the terms and conditions expressed herein, or by mutual agreement and consent of both parties in writing. Should the AIRPORT MANAGER file for bankruptcy or the AIRPORT MANAGER be deemed incompetent, or dissolve, this Agreement shall immediately terminate. In the event the AIRPORT MANAGER uses the CITY’S AIRPORT property for any illegal or unauthorized purpose, files for bankruptcy, abandons or leaves the property vacant or unoccupied for fourteen (14) consecutive days, or violates any of the terms and conditions of this Agreement, the CITY has the right to terminate this Agreement and retake possession of its AIRPORT property under the control and lease of the AIRPORT MANAGER.
B. At the termination of this Agreement (unless extended by actual written acceptance), either by normal expiration, premature termination, or mutual agreement, the AIRPORT MANAGER shall peaceably vacate the AIRPORT. Any furniture or equipment entrusted to the AIRPORT MANAGER shall be returned to the CITY in the same condition as it was when issued, normal wear expected.
C. The Parties hereto may provide written notice to the other Party not less than sixty (60) days of their intention to not renew or terminate this Agreement under any circumstance.
9 Section 6. Notices
A. Written Notices. All written notices or demands of any kind which either Party may be required or may desire to serve on the other in connection with this Operating Agreement must be served (as an alternative to personal service) by registered or certified mail, shall be deposited in the United States mail with postage thereon fully prepaid, and addressed to the Party to be served as follows:
1. If the Party so to be served be City, address City at:
City of California City
21000 Hacienda Blvd
California City, CA 93505
Attention: City Manager
2. If the Party so to be served be Operator, address Operator at:
Tech 45 Airport Management LLC
19604 Brite Valley Road
Tehachapi, CA 93561
Attention: Chad Andrew Rosacker
B. Service. Each service of any such notice or demand so made by mail shall be deemed complete on the day of actual delivery as shown by the addressee’s registry or certification receipt, or at the expiration of the fourth day after the date of mailing, whichever is earlier in time.
If requested in writing, any mortgagee may request (which request shall be made in the manner provided above, as between the Parties, and shall specify an address to which notices or demands shall be given or made) any such notice or demand also be given or made in the manner herein specified and contemporaneously to such holder.
Either Party may designate by notice, in writing and in the manner specified above, a new or other address to which such notice or demand shall thereafter be so given or made.
Section 7. Hazardous Substances
A. Definitions. The following terms shall have the meanings set forth in this paragraph:
1. Applicable Requirements shall mean all laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, permits, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of CITY’s engineers and/or consultants, relating in any manner to the Airport now in effect or which may hereafter come into effect.
10 2. Hazardous Substance shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the AIRPORT, is either: (i) potentially injurious to the public health, safety or welfare, or the environment, or the AIRPORT; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of CITY to any governmental agency or third party under any Applicable Requirements or common law theory. Hazardous Substance shall include, but not be limited to aviation fuel, hydrocarbons, petroleum products, gasoline, crude oil or any products or by-products thereof.
3. Reportable Use shall mean the installation or use of any above or below ground (i) storage tank; (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority; and (iii) the presence in, on or about the AIRPORT of a Hazardous Substance with respect to which any Applicable Requirements require that a notice be given to persons entering or occupying the Airport or neighboring properties.
B. AIRPORT MANAGER’s Covenants. AIRPORT MANAGER, as an AIRPORT operating expense, shall comply with any and all the Applicable Requirements with respect to Hazardous Substances, including but not limited to the following:
1. California Health & Safety Code, Division 20, Chapters 6.5, Hazardous Waste Control (inclusive); 6.7, Underground Storage of Hazardous Substances (inclusive); and 6.95, Hazardous Materials Release Response Plans and Inventory (inclusive);
2. California Code of Regulations Title 22, Division 4.5; Title 23, Division 3, Chapter 16, Underground Storage Tank Regulations; and
3. Title 6, Chapter 7, entitled “Hazardous Materials Disclosure”, Fire Protection and Explosives and Hazardous Materials”, and Title 6, Chapter 2, entitled “Waste Management” of the California City Municipal Code.
AIRPORT MANAGER shall not engage in, and shall use best efforts to ensure that AIRPORT tenants and invitees do not engage in, any activity in or about the AIRPORT which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of CITY and compliance in a timely manner with all Applicable Requirements. Notwithstanding the foregoing, AIRPORT MANAGER may, without CITY’s prior consent, but upon notice to CITY and in compliance with all Applicable Requirements, use any ordinary and customary materials reasonably required to be used by AIRPORT MANAGER in the normal course of the use of the AIRPORT, so long as such use is not a Reportable Use and 11 does not expose the AIRPORT or neighboring properties to any meaningful risk of contamination or damage or expose CITY to any liability therefore. CITY may (but without any obligation to do so) condition its consent to any Reportable Use of any Hazardous Substance by AIRPORT MANAGER upon AIRPORT MANAGER’s giving CITY such additional assurances as CITY, in the reasonable discretion of the City Manager, deems necessary to protect itself, the public, the Airport and the environment against damage, contamination or injury and/or liability therefore, including, but not limited to, the installation (and, at CITY’s option, and AIRPORT MANAGER’s sole cost and expense) of reasonably necessary protective modifications to the Airport. AIRPORT MANAGER shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the AIRPORT (including, without limitation, through the plumbing or sanitary sewer system).
C. Duty to Inform CITY. If AIRPORT MANAGER knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Airport or the Airport, other than as previously consented to by CITY, AIRPORT MANAGER shall immediately give CITY notice thereof, together with a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action, or proceeding given to, or received from, any governmental authority or private party concerning the presence, spill, release, discharge of, or exposure to, such Hazardous Substance including, but not limited to, all such documents as may be involved in any Reportable Use involving the Airport to be followed up in writing within two (2) days.
D. Indemnification. AIRPORT MANAGER shall indemnify, protect, defend and hold CITY, its agents and employees, and the AIRPORT, harmless from and against any and all damages, liabilities, judgments, costs, claims, liens, expenses, penalties and loss of permits (including CITY’s attorneys’ and consultants’ fees) arising out of or involving any Hazardous Substance brought onto the AIRPORT by or for AIRPORT MANAGER or by anyone under AIRPORT MANAGER’s control.
AIRPORT MANAGER’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by AIRPORT MANAGER, and the cost of investigation (including consultants’ and attorneys’ fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Agreement.
No termination, cancellation or release agreement entered Into by CITY and AIRPORT MANAGER shall release AIRPORT MANAGER from its obligations under this Agreement with respect to Hazardous Substances, unless specifically so agreed by CITY in writing at the time of such agreement.
Section 8. Miscellaneous Terms
A. This Agreement is the entire Agreement between the parties hereto and no statement, remark, agreement, or understanding, either oral or written, not 12 contained herein shall be recognized or enforced, except that this Agreement may be modified by written addendum hereto attached and signed by both parties.
B. This Agreement shall be governed by the laws of the State of California, the City of California City, and the regulations and grant assurances of the FAA, and construed thereunder, and venue of any action brought under this Agreement shall be in Superior Court of California, County of Kern, or the Federal District Court for the Eastern District of California, as appropriate.
C. If any section, paragraph, sentence or phrase entered in this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, such illegal or unenforceability shall not affect the remainder of this Agreement which can be given effect without the illegal or unenforceable section, paragraph, sentence, or phrase and to this end, the provisions of this Agreement are declared to be severable.
D. The Parties hereto enter into this Agreement as independent contractors and no agent, employee or contractor of one shall be deemed the employee of the other.
E. This Agreement is solely for the benefit of the Parties hereto and their successors and assigns; this Agreement shall therefor not be construed to confer upon or give to any third party any remedy, claim, liability, reimbursement, cause of action, or status as a third-party beneficiary.
F. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party seeking the waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant or condition.
G. CITY understands that AIRPORT MANAGER may submit this Agreement to the FAA to allow the FAA to review the Agreement and note any terms that are inconsistent with FAA policy. However, it is stated FAA policy not to “approve” agreements between third parties, and this Agreement is not contingent on an FAA statement of approval.
[Signatures Appear on Following Page]
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13 IN WITNESS WHEREOF, CITY and AIRPORT MANAGER have executed this Agreement as of the day and year first above written.
“CITY” CITY OF CALIFORNIA CITY,
a municipal corporation
By:
Name:
Title:
“AIRPORT MANAGER” TECH 45 AIRPORT MANAGEMENT, LLC, a
California limited liability company
By:
Chad Andrew Rosacker, Manager
1 ITEM NO. NB 1
COUNCIL AGENDA ITEM
October 8, 2024
PREPARED BY: Justin Vincent, Interim Fire Chief
SUBJECT: Job Description for Volunteer Fire Department Chaplain
BACKGROUND/ DISCUSSION
The City Council for the City of California City is being asked to review and approve the job description as presented for the position of Fire Chaplain. This is a volunteer, on-call position that assists the fire and police departments in carrying out their mission of providing public safety and excellent customer service, with empathy and compassion to the community.
In 2019, the Governor of California signed AB 1116, the California Firefighter Peer Support and Crisis Referral Services Act. This law established statewide standards for first responder peer support programs to provide an agency-wide network of peer representatives available to aid fellow employees on emotional and professional issues.
This law also makes fire department chaplain programs to be eligible peer support programs to meet the intent of the law. This is especially important in small agencies, such as California City, where an emergency event can potentially affect every member of the department.
The volunteer fire chaplains will respond, when requested, in the department provided chaplain vehicle to provide on-scene assistance to first responders as well as the public.
The role of volunteer fire chaplain will be shared between multiple selected local volunteer clergy who will rotate the on-call duty status of the position. The volunteer chaplains are at-will volunteers that serve at the pleasure of the fire chief.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation. 2 RECOMMENDATION
City Council approves the addition of the volunteer fire chaplain job description to allow the fire department to seek out qualified local volunteer clergy to assist the public safety agencies in California City in carrying out their mission while providing the necessary moral, ethical, spiritual, and emotional support needed for our first responders as well as the public we serve.
ATTACHMENTS
ATTACHMENT – A, CHAPLAIN JOB DESCRIPTION
CALIFORNIA CITY FIRE CHAPLAIN JOB
DESCRIPTION
FIRE CHAPLAIN (Volunteer Position)
Reports to: Fire Chief
Supervisory Position: No PFA: No Safety: No FLSA Exempt: Yes General Position Description
The California City Fire Chaplain is a spiritual leader in the Fire Department who provides emotional, spiritual, and physical support to staff, their immediate families as well as the community during and following emergency crises. This position is a volunteer, as needed, position, requiring a minimum of eight hours a month interacting with California City personnel. (May include weekends and holidays)
*This is a volunteer position. Chaplains are appointed and serve at the pleasure of the Fire Chief.
Principle Duties and Responsibilities
Essential functions are not intended to be an exhaustive list of all responsibilities and duties. They are intended to be accurate summaries of what the job classification involves and what is required to perform it. Employees are responsible for all other duties as assigned.
• Help to create spiritual guidance and positive plans for minimizing stress on the job. • Show sensitivity and compassion for all in contact regardless of race, gender, social status, or faith.
• Support counseling Firefighters and staff after a life-threatening incident. • Support counseling Firefighters and staff after incidents that may be emotionally tasking (e.g., pediatric death).
• Support counseling Firefighters and staff after a line-of-duty death. • Provide support counseling to family members of first responders lost in the line of duty.
• Help firefighters and medics spiritually and mentally for transfer, promotion, and retirement.
• Help ensure that there is a range of resources and counseling available to first responders who continue to work while struggling with emotional issues, including substance abuse, finances, and relationships.
• Be available during and after a crisis to victims of disaster or loss, comfort, advise, and assist in any way possible.
OTHER DUTIES AND RESPONSIBILITIES
• Visit fire stations and participate in ride-a-longs when invited to develop relationships with fire personnel. The chaplain will seek permission to visit fire stations before meeting with fire personnel.
• Respond to major disasters, including mass casualty events, death, or serious injury to California City personnel or at the request of staff. • Assist citizens during or after emergencies as appropriate. • Offer confidential counseling, upon request, to California City employees and their families.
• Offer invocations at California City graduations, promotional activities, award ceremonies, and other public relations-related activities. • Upon request, represent California City before official bodies and at public functions.
• Serve as liaison with other spiritual leaders in the community, and upon request, notify the victim's clergy person.
• Assist in making notifications to families of California City employees who are seriously ill, injured, or deceased.
• Upon request, provide wedding and funeral services for California City employees. • Make referrals in cases where specialized attention is needed or in those cases beyond the chaplain's abilities or responsibilities.
• Refrain from proselytizing or evangelizing during contact with California City employees while on duty. If directly queried, a chaplain may respond in a clergy capacity, with faith-based theology according to their beliefs. • Participate in training classes to enhance his/her effectiveness. • Provide basic peer support and refer employees to advanced peer support for mental health and wellness assistance.
• At the crisis scene, the chaplain observes all staff's activities, watching specifically for approaching fatigue or undue stress.
• In case of injury to staff, the chaplain can administer comfort, concern, and prayer. • The chaplain never issues commands at the incident and stays in a safe place at the Fire Chief's discretion until cleared to move locations. • The chaplain becomes involved with the families on incidents by keeping the distraught from entering the scene, offering comfort contacting the appropriate clergy or spiritual leaders, and putting the family in touch with the Red Cross. • In the event of a person's death at an incident, the chaplain is available to assist in debriefing first responders suffering from the loss.
• The chaplain is available for personal counseling as requested. • The chaplain is available to all staff as a listener, confidant, and friend.
Minimum Qualifications
• Be an active spiritual leader—either a licensed or ordained member of the clergy with an organized community of faith.
• Over the age of 18
• CPR/F.A. or ability to obtain CPR/F.A. certification. • Ability to pass background check/livescan.
• Maintain a local residence in California City
• Knowledge of Incident Command System (ICS) with completion of 100 and 200 within the first 3 months of hire.
• Hold a valid California Driver's License.
• Speak, read, and write English fluently.
KNOWLEDGE, SKILLS, AND ABILITIES:
• Awareness of firefighting terminology and basic incident command system. • Ministerial practices in a non-denominational setting. • Resources for assistance referrals.
• California City streets, locations, and businesses.
• Basic fire hazards and fire prevention concepts.
• Basic first responder emergency medical response concepts. • Basic principles, practices, methods, and equipment employed in emergency services operations.
• Basic rules, regulations, and safety standards of California City on fire suppression and emergency medical services.
• Emergency experiences with a familiarity of all phases of emergency operations. • Ministerial ordination in a recognized religious or spiritual denomination. • Public relations experience.
• Interact with external audiences to benefit the organization. • Be resourceful and flexible.
OCCUPATIONAL DEMANDS:
• Maintain physical condition appropriate to assigned duties and responsibilities, including sitting or standing for extended periods.
• The ability to lift files, open file cabinets, and bend or stand as necessary. • This position requires the abilities of functional self-mobility, effective modes of communication, and adequate vision required to perform assigned duties. 1 Item No. NB 2
COUNCIL AGENDA ITEM
October 8, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Request for Proposal (RFP) Landscape Services
BACKGROUND/ DISCUSSION:
With the recent layoffs, the City currently has no facilities employees. All the employees who performed landscaping in the City were laid off. As a potential option, Staff put out an RFP to receive a proposal to have a Landscape Contractor perform these duties and tasks. The RFP was offered or sent to at least ten companies. The City received two proposals, one from Elite Maintenance & Tree Service (Elite) and the other from Sharper Landscaping Services, Inc. (Sharper). Staff believes both of these proposals are adequate, it is now up to the City Council to determine if they want to accept part or all of any of these proposals.
FISCAL IMPACT:
The fiscal impact is difficult to determine because the City Council could accept part or all of the proposal(s). It could affect different departments (e.g., PD, Parks, etc.) depending on what is accepted.
RECOMMENDATION: Staff recommends that the City Council approve part or all of the landscape proposal(s) so that the City can acquire the landscape services it currently lacks.
ATTACHMENTS:
A. RFP for Landscape Services
B. Addendum #1
C. Addendum #2
D. Proposal from Sharper Landscaping
E. Proposal from Elite
F. Bids per Group
G. Landscaping Companies that the RFP was offered to.
i
City of California City
Request for Proposal (RFP)
Landscape Maintenance Services
21000 Hacienda Boulevard
California City, CA 93505
ii
REQUEST FOR PROPOSAL (RFP) FOR
LANDSCAPE MAINTENANCE SERVICES FOR
THE CITY OF CALIFORNIA CITY
Notice is hereby given that the City of California City will receive sealed proposals at the Office of the City Clerk, City Hall, 21000 Hacienda Boulevard; California City, CA 93505, until 2 P.M. on TUESDAY, OCTOBER 1, 2024, for LANDSCAPE MAINTENANCE SERVICES.
DUE ………………. October 1, 2024
TIME ………………Before 2:00 pm
CITY OF CALIFORNIA CITY
Request for Proposal for Landscape Maintenance Services for the City of California City The City of California City is requesting proposals from qualified contractors to provide all labor, equipment, materials, and performance of operation in connection with Landscape Maintenance Services for:
Group 1- Senior Center, Arts Building, Parks (Central, Balsitis, and Dog)- mowing, maintaining/repairing sprinklers and controllers
Group 2- Center Median on CCB -removing weeds, trimming plants/trees, maintaining sprinklers and controllers
Group 3- City Hall, Police Station, Chamber of Commerce, Aspen Mall, Parking Lots - removing weeds/trash, trimming plants/trees, maintaining sprinklers and controllers Group 4- Little League Fields- mowing, removing weeds, trimming plants/trees, maintaining sprinklers and controllers
Group 5- Golf Course TDS- mowing, trimming plants/trees, maintaining sprinklers and controllers
The anticipated (2) two-year term of the agreement is January 1, 2025, through December 31, 2026, with the possibility of up to three (3) one-year extensions.
Proposers are specifically directed not to contact any City personnel, other than the Contact Person indicated below, for any purpose related to this RFP. Unauthorized contact with any City personnel may be cause for rejection of a vendor’s proposal.
All inquiries concerning this RFP should be directed to the following Contact Person:
iii
Joe Barragan
Public Works Director
California City
21000 Hacienda Boulevard
California City, CA 93505
Envelopes/packages containing the proposals are to be marked:
PROPOSAL: “Landscape Maintenance” and delivered to:
City of California City
Attn: City Clerk
21000 Hacienda Blvd
California City, CA 93505
Telephone: (760) 373-7140
Projected Timetable
The following dates are set forth for information and planning purposes only. These dates may be changed by the City upon notice to prospective proposers:
Issuance Date . . . . . . . . . . . . . . . . . September 10, 2024 Pre-Proposal Meeting . . . . . . . . .. September 17, 2024, at 10:00 am Proposal Due Date . . . . . . . . . . . . . October 1, 2024 Proposal Due Time . . . . . . . . . . . .. Before 2:00 pm The postmark date will not constitute a timely delivery. Responses received after the above time will not be considered. Proposers are solely responsible for ensuring timely receipt of their proposals.
iv
TABLE OF CONTENTS
I. GENERAL INFORMATION Page
A. Project Background and Description 1
B. Requirements of Successful Proposer 1
C. Scope of Work 1
D. Selection Process 1
E. Solicitation Caveat 3
F. Time 4
G. Form of Agreement 4
H. News Releases 4
I. Statutes and Rules 4
J. Background Review 4
II. PROPOSAL INFORMATION AND REQUIREMENTS
A. General Instructions 5
B. Business Address 5
C. Corrections and Addenda 5
D. Proposal Format and Contents 6
E. Pre-Proposal Meeting 7
F. Proposal Submission 7
G. Withdrawal and Submission of Modified Proposal 8
H. Disposition of Proposals and Proprietary Data 8
1 I. GENERAL INFORMATION
A. Background and Description
California City (City) is located in the Northern Antelope Valley in Kern County, California. It is situated roughly 70 miles east of Bakersfield and 100 miles north of Los Angeles. California City was founded in 1961 and incorporated in 1965. It is the third largest city by land area in the state of California, and its service area encompasses approximately 203 square miles of residential, commercial, industrial, and undeveloped land.
B. Requirements of Successful Proposer
The Successful Proposer (Contractors) submitting a proposal and their subcontractors shall possess the following:
• a valid, current, and in good standing C-27(Landscape) contractor’s license issued by the California Contractor’s State License Board (CSLB) and comply with all other licenses, insurance, and permit requirements of the City, State, and Federal governments, as well as all other requirements of the law. their funding source(s)
• a current and valid California CSLB license in the classification required by law to perform the scope of work for this agreement
• a Business License with the City of California City
C. Scope of Work
All labor, equipment, materials, and performance of operation in connection with Landscape Maintenance Services for:
Group 1- Senior Center, Arts Building, Parks (Central, Balsitis, and Dog)- mowing, maintaining/repairing sprinklers and controllers.
Group 2- Center Median on CCB -removing weeds, trimming plants/trees, maintaining sprinklers and controllers.
Group 3- City Hall, Police Station, Chamber of Commerce, Aspen Mall, Parking Lots - removing weeds/trash, trimming plants/trees, maintaining sprinklers and controllers.
Group 4- Little League Fields- mowing, removing weeds, trimming plants/trees, maintaining sprinklers and controllers.
Group 5- Golf Course TDS- mowing, trimming plants/trees, maintaining sprinklers and controllers.
D. Selection Process
1. All proposals received by the specified deadline will be reviewed by a City Evaluation Committee. After the initial scoring, the Evaluation Committee may select those firms deemed most qualified for this project for further evaluation. Interviews of these selected firms may be conducted as part of 2 the final selection process. Proposers are advised that the City, at its option, may award a contract strictly based on the initial proposals, and not create a short list of proposals for further consideration. The firm selected by the Evaluation Committee will be recommended to the City Council to enter into a contract with the City, but the Council is not bound to accept the recommendation or award the contract to the recommended firm.
2. The following is a list of general criteria that may be used by the Evaluation Committee in determining its recommendation to the City Council or Board of Directors. Please note that the Evaluation Committee may consider any information they deem relevant in determining a recommendation to the City Council or Board of Directors and may give each of the criteria considered as little or as much weight as they consider appropriate.
a. The Proposal
b. Qualifications
c. Experience
d. Quote of Costs to the City per Group
3. The City reserves the right to reject any and all proposals and to waive informalities and irregularities in any proposals received. The absence of required information may render a proposal non-responsive, at the sole discretion of the City, resulting in the rejection of the proposal.
4. The City may, during the evaluation process, request from any proposer additional information which the City deems necessary to determine the proposer’s ability to perform the required services. If such information is requested, the proposer shall be permitted five (5) working days to submit the information requested.
5. An error in the proposal may cause the rejection of that proposal; however, the City may, in its sole discretion, retain the proposal and make any corrections it deems appropriate. In determining if a correction will be made, the City will consider the conformance of the proposal to the format and content required by the RFP and any unusual complexity of the format and content required by the RFP. If the proposer’s intent is clearly established based on a review of the complete proposal submittal, the City may, at its sole option, correct an error based on that established content.
The City may also correct obvious clerical errors. The City may also request clarification from a proposer on any item in a proposal that City believes to be in error and make corrections accordingly.
6. The City reserves the right to select the proposal which in its sole judgment best meets the needs of the City. The recommendation by the Evaluation 3 Committee, and the final selection of a proposer by the City Council, shall be based on any information and criteria the Evaluation Committee and Council consider relevant, which may include criteria not listed in paragraph 2 above.
7. All firms responding to this RFP will be notified of their selection or nonselection in writing after the Evaluation Committee has completed the selection process. All proposers shall have seven days from the date of the notice to submit any additional information not previously submitted to the City for final consideration before the Evaluation Committee’s recommendation is placed on the City Council agenda.
8. City employees will not participate in the selection process when those employees have a relationship with a person or business entity submitting a proposal which would subject those employees to the prohibition of Section 87100 of the Government Code. Any person or business entity submitting a proposal who has such a relationship with a City employee who may be involved in the selection process shall advise the City of the name of the City employee in the proposal.
9. Any person or business entity which engages in practices which might result in unlawful activity relating to the selection process including, but not limited to, kickbacks or other unlawful considerations paid to City employees, will be disqualified from the selection process.
10. The process, procedures, and evaluation criteria used by City staff and the Evaluation Committee in developing and issuing this RFP and evaluating the proposals received for purposes of making a recommendation to the City Council shall be determined in the sole discretion of the City. Potential proposers shall have no rights whatsoever regarding the processes and procedures used by the City relating to this RFP or the manner in which a proposer is selected by either the Evaluation Committee or the City Council, provided their decisions are not arbitrary and capricious, and there is some reasonable basis for the selection(s) made.
E. Solicitation Caveat
The issuance of this solicitation does not constitute an award commitment on the part of the City, and the City shall not pay for costs incurred in the preparation or submission of proposals. The City reserves the right to reject any or all proposals or portions thereof if the City determines that it is in the best interest of the City to do so.
Failure to furnish all information requested or to follow the format requested herein, or the submission of false information, may disqualify the proposer, in the sole discretion of the City. The City may waive any deviation in a proposal. The 4 City’s waiver of a deviation shall in no way modify the RFP requirements nor excuse the successful proposer from full compliance with any resultant agreement requirements or obligations.
F. Time
Time and the time limits stated in this RFP are of the essence of this Request for Proposal.
G. Form of Agreement
No agreement with the City is in effect until both parties have signed a contract.
The selected Proposer will be required to execute an agreement with the City for the services requested within thirty (30) days of the award. If an agreement on the terms and conditions of the contract that are acceptable to the City, including but not limited to compensation, cannot be achieved within that timeframe, the City reserves the right to continue negotiations or to award the contract to another Proposer and begin negotiations with that Proposer.
Proposers must identify and provide contact information in their proposal of the individual within their organization who is authorized to negotiate the terms and conditions of any agreement between the Proposer and City.
H. News Releases
News releases pertaining to any award resulting from this RFP may not be made without the prior written approval of the City Manager.
I. Statutes and Rules
The terms and conditions of this RFP, and the resulting consulting services and activities performed by the successful proposer, shall conform to all applicable statutes, rules, and regulations of the federal government, the State of California, the City, and the County of Kern.
J. Background Review
The City reserves the right to conduct a background inquiry of each proposer that may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community, and financial condition. By submitting a proposal to the City the proposer consents to such an inquiry and agrees to make available to the City such books and records the City deems necessary to conduct the review. 5 II. PROPOSAL INFORMATION AND REQUIREMENTS
A. General Instructions
To receive consideration, proposals shall be made in accordance with the following general instructions:
1. The completed proposal shall be without alterations or erasures. Errors may be crossed out and corrections printed in ink or typed adjacent and must be initialed in ink by an authorized representative of the proposer.
2. No oral, telephonic, telegraphic, e-mailed, or faxed proposals will be considered.
3. The submission of a proposal shall be an indication that the proposer has investigated and satisfied him/herself as to the selection process to be used by the City, the conditions to be encountered, the character, quality, experience, and the requirements of the City.
4. All proposals shall remain firm for one hundred and eighty (180) days from the proposal submission deadline.
B. Business Address
Proposers shall furnish their business street address. Any communications directed either to the address so given, or to the address listed on the sealed proposal container, and deposited in the U.S. Postal Service by Certified Mail, shall constitute a legal service thereof upon the proposer.
C. Corrections and Addenda
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the proposer shall immediately notify the Contact Person of such error in writing and request clarification or modification of the document.
Modifications will be made by addenda as indicated below to all parties in receipt of this RFP.
If a proposer fails to notify the Contact Person prior to the date fixed for submission of proposals of a known error in the RFP, or an error that reasonably should have been known, the proposer shall submit a proposal at their own risk, and if the proposer is awarded a contract they shall not be entitled to additional compensation or time by reason of the error or its subsequent correction.
An addenda issued by the City interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated into the proposal. 6 The proposer shall sign and date the Addenda Cover Sheet and submit the same with the proposal (or deliver them to City Hall at 21000 Hacienda Blvd if the proposer has previously submitted a proposal to the department).
Any oral communication by the City’s designated Contact Person or any other City staff member concerning this RFP is not binding on the City and shall in no way modify this RFP or the obligations of the City or any proposers.
D. Proposal Format and Contents
For ease of review and to facilitate evaluation, the proposals for this project should be organized and presented in the order requested as follows:
1. Cover Page:
Include a letter of introduction signed by an authorized representative of the firm certifying that all statements in the proposal are true and correct and shall constitute a warranty, the falsity of which shall entitle the City to pursue any remedy authorized by law, which shall include the right, at the option of the City, to declare any contract made as a result thereof, to be void. Indicate the name of the firm and the RFP project title.
2. Section I – Proposal:
Provide the Proposal with specific information concerning the firm in this section, including the legal name, address, and telephone number of your company and the type of entity (sole proprietorship, partnership, or corporation and whether public or private).
Include the name and telephone number of the person(s) in your company authorized to execute the proposed contract.
If two or more firms are involved in a joint venture or association, the proposal(s) should clearly delineate the respective areas of authority and responsibility of each party.
All parties signing the Agreement with the City shall be individually liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited
7 3. Section II - Qualifications and Experience:
This section is designed to establish the proposer as an entity with the ability and experience to complete the proposed work, as specified in the RFP. Provide specific information in this section concerning the firm's experience in the services specified in this RFP, preferably within the State of California. Include the number of employees involved in providing services, the
certifications/licenses they possess, and the number of years providing services.
Documentation of Satisfactory Past Performance/References.
Provide a minimum of three (3) reference letters for similar services rendered (must be within the last six (6) months on the reference company’s letterhead. Each reference shall include a current point of contact and a phone number. Each reference letter must have the following information: Date of the original contract; end date of the contract; services rendered; and names, addresses, and telephone numbers of contact persons within client agencies for whom the services have been provided.
4. Section IV - Insurance:
The selected proposer will be required to obtain all the insurances that the city requires as a condition of the contract award.
E. Pre-Proposal Meeting
A Pre-Proposal meeting has been set for September 17, 2024, at 10:00 am. The meeting will be held at City Hall Building 21000 Hacienda Blvd; California City, CA 93505. The purpose of the meeting is to permit proposers an opportunity to see ask questions, and/or provide feedback to City staff on the RFP. Preliminary answers may be given at the Pre-Proposal meeting. However, these responses are only preliminary and will not be final until they are provided as an addendum to the RFP. While some input obtained at the meeting may be incorporated into the RFP via addenda, remarks, and explanations made at the meeting shall not change the provisions of the final RFP.
All interested parties who may have questions are urged to attend.
F. Proposal Submission
The proposer shall submit four (4) written copies of the proposal and, if possible, one (1) copy on a flash drive (FD). The FD must be in a standard Microsoft Windows compatible format readable by the City; using word processing software 8 that is Windows-based, or the proposal will be a PDF-readable Adobe. Please submit all proposals to:
City of California City
Attn: City Clerk
21000 Hacienda Blvd
California City, CA 93505
Telephone: (760) 373-7140
Proposals may be delivered in person, by courier service, or by mail to the address indicated above. ALL PROPOSALS MUST BE SEALED AND RECEIVED BEFORE 2:00 PM. on October 1, 2024, at the above office and address.
Proposals submitted after the above deadline will not be accepted. It is strongly suggested that any proposers intending to hand deliver a proposal on the last day for submission arrive at City Hall 21000 Hacienda Blvd; California City, CA 93505 at least ten (10) minutes prior to the proposal receipt deadline to receive a “test” time stamp to validate the official current time. The timestamp clock at City Hall 21000 Hacienda Blvd; California City, CA 93505 will be the official time. Any proposal received at or after 2:00 pm. will be returned unopened.
Only one (1) proposal may be submitted from each proposer. For purposes of this RFP, a proposer is defined to include a parent corporation of the proposer and any other subsidiary of that parent corporation. If a proposer submits more than one (1) proposal, all proposals from that proposer shall be rejected.
RFP proposals are not publicly opened.
G. Withdrawal and Submission of Modified Proposal
A proposer may withdraw a proposal at any time prior to the submission deadline by submitting a written notification of withdrawal signed by the proposer or his/her authorized agent. The proposer must, in person, retrieve the entire sealed submission package. Another proposal may be submitted prior to the deadline. A proposal may not be changed after the designated deadline for submission of proposals.
H. Disposition of Proposals and Proprietary Data
All materials submitted in response to this RFP become the property of the City.
Any and all proposals received by the City shall be subject to public disclosure and inspection, except to the extent the proposer designates trade secrets or other proprietary data to be confidential after the Evaluation Committee has completed its deliberative process and either the proposer has been informed that they are not the vendor selected by the Evaluation Committee for recommendation to the City Council, or the matter has been set for consideration before the City Council, whichever comes first.
9 Material designated as proprietary or confidential shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Prices, makes and models or catalog numbers of the items offered, deliverables, and terms of payment shall be publicly available regardless of any designation to the contrary. The City will endeavor to restrict the distribution of material designated as confidential or proprietary to only those individuals involved in the review and analysis of the proposals.
Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that the City does not wish to receive confidential or proprietary information and that proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted is labeled confidential or proprietary, the proposal shall include the following clause:
(legal name of proposer) shall indemnify, defend and hold harmless the City of California City, its officers, agents, and employees from and against any request, action, or proceeding of any nature and any damages or liability of any nature, specifically including damages awarded under the California Public Records Act (Government Code §6250 et seq.) arising out of, concerning or in any way involving any materials or information in this proposal that (legal name of proposer) has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record.
Request for Proposal (RFP) Landscape Maintenance Services ADDENDA NUMBER 1
PROPOSAL COSTS
1. What is the distance of the CCB Median?
• From Mitchel on the west side to Redwood on the south side.
2. Is the City looking to have TDS maintained according to USGA standards or California standards?
• TDS will be maintained according to USGA or California standards, whichever is more stringent.
3. Regarding tree trimming for listed maintenance areas, are you asking for trimming the tops of trees or to the standing reach of employees?
• We only need the trees maintained to the standing reach of employees.
4. Where are the timers located for TDS?
• There are twelve controllers for the irrigation on the Golf Course. • The Controllers are separated throughout the Golf Course
5. Do you want us to include the Cal City Blvd shoulders for maintenance? • Yes, from Mitchel on the west side all the way to Redwood on the South side.
6. Are you planning on bringing back the grass at the Police Department facility? • No, currently, the idea is to go to a xeriscape type of design in the future.
7. Should we include the baseball field adjacent to the dog park? • Yes, as well as the base fields on Heather and Balsitis.
8. If so, are you planning on bringing back the grass at that ball field? • No, not at the moment. Only the baseball fields on CCB will have grass; the others on Heather and Balsitis need to be maintained and free of weeds.
9. Should we include the three baseball fields at Balsitis Park? • Yes, for maintenance and the removal of weeds.
10. If so, are you planning on bringing back the grass at those ball fields? • Not at the moment, but maybe in the future.
11. Also, if the ball fields at Balsitis are included, should we also include maintenance of the perimeter of the outfield fence?
• Yes
CONSTRUCTION DRAWINGS: Not applicable
The following Addenda was issued, modifying the RFP:
CALIFORNIA CITY
PUBLIC WORKS
DEPARTMENT
______________________________________
760-373-7162
www.californiacity-ca.gov
PUBLIC WORKS
DIRECTOR
Joe Barragan
WATER OPERATOR III
Art Van Dang
CHIEF WWTP OPERATOR
Rick Vazquez
STREETS LEAD
Marion Cato
Document # 001
Addendum No. 1 Date: September 18, 2024
Joe Barragan
Public Works Director
Contractor: ____________________________
Date: _________________________________
END OF DOCUMENT
Request for Proposal (RFP) Landscape Maintenance Services ADDENDA NUMBER 2
PROPOSAL COSTS
The RFP does not make specific mention of fertilizer for baseball fields and park lawns (Central and Balsitis) and herbicide applications. Do you want us to include both of these items? • Yes, please include fertilizer and herbicides costs for baseball fields and park lawns as needed in your proposals.
CONSTRUCTION DRAWINGS: Not applicable
The following Addenda was issued, modifying the RFP:
Document # 001
Addendum No. 1 Date: September 18, 2024
Addendum No. 2 Date: September 23, 2024
Joe Barragan
Public Works Director
Contractor: ____________________________
Date: _________________________________
END OF DOCUMENT
CALIFORNIA CITY
PUBLIC WORKS
DEPARTMENT
______________________________________
760-373-7162
www.californiacity-ca.gov
PUBLIC WORKS
DIRECTOR
Joe Barragan
WATER OPERATOR III
Art Van Dang
CHIEF WWTP OPERATOR
Rick Vazquez
STREETS LEAD
Marion Cato
Company
1 2 3 4 5
Sharper 7,976.90$ 3,540.99$ 3,576.81$ 2,735.79$ 31,546.67$ Elite 2,851.33$ 2,851.33$ 1,782.08$ 2,138.51$ No Bid
Group 4- Little League Fields- mowing, removing weeds, trimming plants/trees, maintaining sprinklers and controllers
Group 5- Golf Course TDS- mowing, trimming plants/trees, maintaining sprinklers and controllers
Cost per Month by Group
RFP for Landscape Services
Group 1- Senior Center, Arts Building, Parks (Central, Balsitis, and Dog)- mowing, maintaining/repairing sprinklers and controllers Group 2- Center Median on CCB -removing weeds, trimming plants/trees, maintaining sprinklers and controllers
Group 3- City Hall, Police Station, Chamber of Commerce, Aspen Mall, Parking Lots - removing weeds/trash, trimming plants/trees, maintaining Companies that the RFP was Sent To or Offered To
• Sharper Landscaping in California City
• Elite Maintenance & Tree Service in Bakersfield
• Cristians Yard Service
• Lesaca Landscape Company in Bakersfield
• Glenn’s Lawn Care in Lancaster
• Nicolas Gardening in Rosamond
• Segale's Landscape in Lancaster
• Frank Mattison Landscape in Lancaster
• Greenbee Landscape, Inc. in Lancaster
• Bill's Landscaping Inc in Lancaster
NB 3.
COUNCIL AGENDA ITEM
October 8, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: Retail Strategies
BACKGROUND/ DISCUSSION
In our previous meeting, it was requested that our staff reach out to retail strategies and provide any relevant information or results.
I am pleased to inform you that our staff has successfully contacted retail strategies and has gathered the following information for your consideration:
1. The current state of our local retail market: Retail strategies has conducted a comprehensive analysis of the retail market in our city. According to their report, the market is steadily growing and has a potential for further expansion.
2. Target audience and customer demographics: Retail strategies has identified the target audience and customer demographics for our local retail market. This information can be useful for businesses looking to establish themselves in our city.
3. Effective retail strategies: Retail strategies has provided us with a list of effective retail strategies that have been successful in similar markets. These strategies can be implemented by businesses in our city to attract more customers and improve their sales.
We believe that this information will be beneficial for our council and the community to understand what relevant information was provided by retail strategies.
FISCAL IMPACT
None.
COUNCIL OPTIONS
Council can accept the summary
Council can challenge the summary
Council can do nothing
NB 3.
RECOMMENDATION
Staff recommends the City Council provide feedback on this report. 1 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Discovery Phase
I. DISCOVERY PHASE SUMMARY
Items listed in this section were updated annually. All research and reports identified here were included in the Retail Recruitment Plan; published via the online messaging platform, Basecamp.
ANALYTICAL & QUANTITATIVE RESEARCH
Trade area identification:
• 3, 5, 10 Mile Radius Ring
• 5,10,15 Minute Drive Time
• Custom Boundary Geographies – Hand-drawn trade area based on cellular tracking data, surrounding competitive areas, and real estate intuition Demographic reports ran and analyzed for the geographic trade area:
• Consumer attitude & behavior analysis
• Tapestry Segmentation
• Distance tolerance / Void analysis / Mapping and aerial imagery • Market demand and supply gap analysis
Competitive Market Aerial:
• Thematic Demographic Mapping
• Market Retail Competitor Aerial
IN-MARKET REAL ESTATE ANALYSIS “BOOTS ON THE GROUND”
In-market real estate analysis completed by Retail Strategies real estate team • Identified new development, re-development, and higher & better use opportunities • Property catalog updated via annual market visit.
• Initial in-market visit was conducted in Fall 2021 and annual visits in March 2022 & July 2022 Confidential Recruitment Update
CONFIDENTIAL
2 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Property Catalog
PROPERTY CATALOG & PROSPECT LIST
Property catalog created for retail real estate opportunities • The property catalog of identified inventory noting current and/or long-term retail opportunities within the city limits has been updated by market tours and as new opportunities come on the market.
• Retail Strategies is routinely reaching out to property owners and real estate professionals for changes to the real estate landscape.
Retail recruitment prospect list created
• Over 100 retail prospects have been identified using peer analysis, gap analysis, retailer expansion plans, and general industry intuition.
• The Retail Strategies team established regular communications with 30 retailers with varying degrees of interest in the market.
• As with the property database, the prospect list is refreshed regularly as retailers in the industry expand and contract.
CUSTOM MARKETING MATERIALS
• Custom marketing guide.
• Custom aerials created for specific properties.
Confidential Recruitment Update
CONFIDENTIAL
3 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Ongoing Conversations
Albertson’s: We brought California City to the attention of the Regional Real Estate Director for Albertson’s, and he shared that the market is a void for them in the region. He requested more information, and we shared marketing materials noting the City’s demographics and highlighted site opportunities. We also emphasized the need for a full-size grocer. Although the Succession Agency land could potentially fit their site requirements, our point of contact said that they were unable to advance on the market citing low housing and population numbers. Additionally, the company has moved very slowly in recent years due to the litigious merger with Kroger.
Carl’s Jr: We were informed that Carl’s Jr had previously considered the market, but they had concerns about the size. We reached out to reopen this interest, and they shared that they may still be interested if they could secure a site near the interstate. Following these conversations, there was internal turnover and despite continuous follow-up, we were unable to continue the discussion.
Circle K: The concept was aggressively expanding, and through persistent outreach and conversations with our contacts, we generated enough interest to arrange a market tour. After visiting the market, they chose the site owned by Jan Labicki between California City Blvd and Aspen Ave. Circle K initially had the site under contract for a period but later exited their contract for unknown reasons. Following this, Jan engaged another gas station/c-store developer and initiated a contract with them. However, this other party was unable to close so our team decided to reengage with Circle K using a different internal contact. After further discussions with Jan, Circle K re-entered a contract and appeared ready to move forward with the purchase. Unfortunately, disagreements over contract language arose, and despite our best efforts to mediate, Jan and Circle K could not reach an agreement, causing the deal to fall through. Due to further changes, Circle K is no longer pursuing a site in California City at this time.
Confidential Recruitment Update
CONFIDENTIAL
4 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Ongoing Conversations
Dutch Bros: In past conversations with Dutch Bros, they shared they were experiencing a very high growth phase and expressed potential interest in the market, contingent on the presence of a major anchor retailer or similar development. Unfortunately, due to newly implemented, stricter demographic requirements, Dutch Bros is currently unable to consider California City.
Dollar Tree/Family Dollar: We connected with a member of their corporate team to discuss the market, and after our outreach, they expressed interest in converting the existing Family Dollar into a dually branded Family Dollar/Dollar Tree. Following our initial conversations, there were some internal changes, and they do not seem to be pursuing these combination stores anymore. We have not been provided the latest status on the potential store conversion in California City.
Grocery Outlet: Throughout our partnership, we had extensive discussion regarding California City with the corporate representatives covering the state. We presented several site options, including the Succession Agency land, as well as other opportunities in the market. While our contacts confirmed they had considered California City multiple times, they ultimately chose to open in Rosamond, noting that the current size of the California City market does not meet their needs at this time.
Marriott: We reached out to Marriott’s Director of Lodging Development, and he expressed initial interest in the sites that Hal Aaron owns near the golf course. As Marriott is a fully operatordeveloped and run company, our contact indicated he would work to bring an operator on board.
Unfortunately, corporate has not yet been able to secure an operator for the market, though there remains potential interest in future development.
O’Reilly: Early in the partnership, O’Reilly shared that they had been working on a deal that ultimately fell through and requested our assistance in pursuing another opportunity. We highlighted the Succession Agency land and requested their feedback. Despite repeated attempts to follow up, we did not receive any response, leaving the status of their interest unclear.
Confidential Recruitment Update
CONFIDENTIAL
5 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Not Now/Needs Franchisee
Aldi: The Director of Real Estate shared that a new store in California City would not work due to low population. We flagged the Succession Agency land as a potential incentive, but they were unable to consider it for the reasons previously mentioned.
Ross: We were informed that California City is not currently being considered for a new Ross location, citing that they cannot afford any new construction pricing. Additionally, they must have an anchored shopping center with national cotenants.
Ike’s Love & Sandwiches: We presented the market for review and were told California City could be considered for a new store; however, they would need a site located within a center anchored by a full-size national grocer.
Food 4 Less (Kroger): We reached out to a representative at Kroger who oversees the Food 4 Less brand in the region. He declined to pursue the market, sharing that it did not have the ability to support a Kroger concept at the time.
Taco Bell: We reached out to corporate to highlight opportunities in California City, and while there was corporate interest in establishing a location, the operator holding the exclusive franchise right for the market had declined to develop at the time. We shared sites and continued to follow up.
Save Mart: We contacted the Chief Financial Operator for Save Mart to pitch the market and note the site potential of the Succession Agency land. They shared that economic challenges were limiting their ability to construct new stores in smaller markets. We have continued to follow-up with no current interest.
Confidential Recruitment Update
CONFIDENTIAL
6 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Not Now/Needs Franchisee
Dairy Queen: In conversations with Dairy Queen, they emphasized the need for new operators to drive growth in untapped markets. Our contact shared that there was not currently an operator looking to expand in California City and that the market did not meet their density requirements.
Del Taco: In conversations with Del Taco, they shared that they had previously considered the market but noted the absence of a franchisee. They also mentioned California City was not a target in their growth strategy and expressed concerns about operational challenges due to the distance from the next nearest location.
Sonic/Arby’s: During our outreach, we learned that these brands were experiencing slower growth in the region compared to other Inspire Brands concepts. Additionally, there was not an operator for the California City market.
Jack in the Box: In discussions with corporate and a regional tenant representative, no interest was able to be generated, likely due to a shortage of growing operators.
Wendy’s: The Corporate Real Estate Director indicated that while California City was a potential target market, it was a lower priority. They also mentioned challenges with franchise growth.
Despite ongoing follow-ups and discussions, they currently do not have a franchisee available to develop within the market.
UPS Store: We received feedback noting that California City is a suitable market for UPS Store, but they did not have an operator looking to grow within the market.
Confidential Recruitment Update
CONFIDENTIAL
7 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
No Current Interest/Market Does Not Meet Requirements
7-Eleven: We spoke with the Director of Real Estate, and they shared that California City is not a growth market for them.
Aaron’s: We contacted a representative to flag the market for review, and due to the population and demographics not meeting their requirements, they were not interested.
Big 5 Sporting Goods: The Real Estate Director shared that California City was not an expansion target for them at the time.
Denny’s: Our point of contact said the trade area population was under their requirement for expansion consideration.
Firehouse Subs: After reaching out to Firehouse Subs and highlighting California City, they shared that due to lack of industry, typical cotenants, and growth, the market is not a fit for them.
Great Clips: In conversations with the Corporate Real Estate director, they shared that the market was too small for their requirements.
Harbor Freight: We shared the market with the appropriate points of contact at Harbor Freight, but they responded that the market is not a fit for them.
Panda Express: We spoke to our contacts at Panda Express and shared the marketing materials for review. Unfortunately, the market population is too small for them to consider a new location.
Pilot Travel Center/Flying J: We highlighted the market to the travel center group, but the market was not in their current expansion priorities.
Confidential Recruitment Update
CONFIDENTIAL
8 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Brokerages & Developers
Sage Investco: We connected with the development firm Sage Investco, as a trusted potential partner for the Succession Agency land. They actively reached out to various retailers, including Grocery Outlet, but ultimately were unable to generate enough interest to proceed with a development in the market.
Retail Pacific: Through ICSC trade shows, we met a broker with Retail Pacific out of Walnut Creek, CA. They represented different developers and tenants across the state, including Ross. When discussing the market, they shared that they may have potential deals that could be done in California City but did not share details. We worked with them across the state and continued to flag California City to see if they could bring anything to the market.
Capital Rivers Commercial: We engaged with a brokerage and development firm with a strong interest in smaller communities across California to discuss the market, specifically the Succession Agency land. They initially expressed interest in collaborating with us and the city on possibilities for the site. We continued conversations regarding what a development could look like and include.
Confidential Recruitment Update
CONFIDENTIAL
9 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Third Party Groups
Core Distinction Group: Core Distinction has completed over 500 Hotel Market Feasibility Studies for municipalities and organizations across the United States. The objective of their studies is to identify and determine the need for lodging in the community, the loss of lodging to the area due to lack of quality or amount of lodging, as well as determine if there is enough need to justify a new hotel. Within their reporting, they compile an Estimated Economic Impact, which helps with understanding the impact to the local economy and economic development, such as direct revenue from sales tax and indirect revenue from new food/dining revenue. Retail Strategies city partners receive discount pricing, with the study costing $15,000 instead of their standard pricing of $17,500. We would be happy to connect the City with Jessica Junker for an introduction/overview meeting.
Confidential Recruitment Update
CONFIDENTIAL
10 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Confidential Recruitment Update
Additional Outreach
Confidential Recruitment Update
CONFIDENTIAL
11 Retail Strategies is the most trusted partner when recruiting businesses.
CALIFORNIA CITY, CA
Brooke Hill, Portfolio Director
214-499-6350
[email protected]
Research and Marketing
RESEARCH & MARKETING MATERIALS
Custom marketing materials created and updated for conference representation • Research, property catalog, and retail prospect list maintenance • Retail industry trend reports posted to Basecamp
• City provided complimentary access to webinars focusing on the latest trends with regards to retail and real estate
• Report updates completed periodically as well as on demand
CONFERENCE REPRESENTATION
• Retail Live – December 2021
• ICSC Here We Go – December 2021
• ICSC Monterey – March 2022, 2023, 2024
• ICSC Las Vegas – May 2022, 2023
• ICSC@Western San Diego – September 2022, 2023
Confidential Recruitment Update
CONFIDENTIAL