CITY OF CALIFORNIA CITY
June 9, 2026
Marquette Hawkins
MAYOR
Jim Creighton
MAYOR PRO TEM
Della Clark
Ronald Smith
COUNCIL MEMBERS
Sean Grayson
CITY MANAGER
AGENDA
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING TUESDAY, May 26, 2026 @ 5:00 PM
COUNCIL CHAMBERS
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505 &
VIA ZOOM
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II) Zoom instructions and notes:
Web Link: https://us06web.zoom.us/j/88186259370
Meeting ID: 881 8625 9370
Passcode: 288834
1. Public can dial into the Zoom line:
a. One tap mobile: +16694449171,87254527178# US
b. Dial the following number: +1 564 217 2000 US
2. Comments
a. Public must join Zoom Webinar 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 the City Clerk for a request to speak, and the City Clerk will unmute you.
e. When requested to speak, state your name for the record f. Re-mute when your time to speak has ended
CITY OF CALIFORNIA CITY
June 9, 2026
The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00 PM
CALL TO ORDER
ROLL CALL
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins
ADOPT THE AGENDA
PUBLIC COMMENT
Members of the public are welcome to address the City Council ONLY on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak
CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
Three cases.
REPORT OUT OF CLOSED SESSION
CITY COUNCIL CONVENES TO REGULAR MEETING
REGULAR MEETING 5:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE / INVOCATION
ROLL CALL –
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins
DEPARTMENT REPORTS
Parks and Recreation
Housing
Cannabis
OHV
City Manager
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
J.M. Powers – June 1, 2026
CITY OF CALIFORNIA CITY
June 9, 2026
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PUBLIC BUSINESS FROM THE FLOOR / PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes. The City Council will receive the comments but cannot engage in back-and- forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion. All items on the consent calendar are considered routine, and non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishesto comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC 1. Approve City Check Register dated 05/22/2026-06/04/2026 CC 2. Approve Minutes for 05/26/2026 Regular Meeting
CC 3. Staff Report: Sean Grayson, City Manager
Subject: Affirm the City Council’s Approval of 1) Amended Resolution 26-3249 A Resolution of the City Council of The City of California City Approving Appointment of One (1) Commissioner to The City’s Parks and Recreation Commission; and 2) Amended Resolution 26-3250 A Resolution of the City Council of The City of California City Approving Appointment of Two (2) Commissioner to The City’s Planning Commission
Recommendation: It is recommended that the City Council affirm its adoption of the amended Resolutions 26-3249 and 26-3250
CC 4. Staff Report: Anu Doravari, City Planner
Subject: Second Reading and Adoption of Ordinance 26-832: An Ordinance of the City Council of the City of California City, California, Amending Sections 9-2.2A05 and 9-2.A06(f)(5) of the California City Municipal Code Relating to Recurring Temporary Uses and Farmers Markets Recommendation: It is recommended that the City Council conduct a second reading and adopt Ordinance 26-832: An Ordinance of the City Council of the City of California City, California, Amending Sections 9-2.2A05 and 9-2.A06(f)(5) of the California City Municipal Code Relating to Recurring Temporary Uses and Farmers Markets
CC 5. Staff Report: Sean Grayson, City Manager
Subject: Resolution 26-3251: Designation of Applicant’s Agent Resolution for Non-State Agencies Recommendation: It is recommended that the City Council adopt the resolution and assign the City Manager or Deputy City Manager as the City’s Authorized Agent for OES Disaster Reimbursement CC 6. Staff Report: Sean Grayson, City Manager
Subject: Approve a Professional Services Agreement with Anu Doravari for Planning Services and Authorize the City Manager to Execute the Agreement
Recommendation: It is recommended that the City Council approve the agreement and authorize the City Manager to execute it
CONTINUED BUSINESS
CITY OF CALIFORNIA CITY
June 9, 2026
CB 1. Staff Report: Inge Elmes, OHV Manager
Subject: 1) Approve a Contract with RC Becker in the Amount of $93,988 for the Concrete Islands and Asphalt Paving for the OHV RV Dump Station Development Grant Project; and 2) Authorize the City Manager and OHV Manager to Execute and Related Documents Recommendation: Staff recommends that City Council approve the contract with RC Becker for the concrete island and asphalt paving work in the amount of $93,988.00 and to authorize the City Manager and OHV Manager to execute any related documents
CB 2. Staff Report: John Paul Maier, Deputy City Manager / City Clerk Subject: A Discussion and Direction on the Preparation of a Ballot Measure to Put Before the Voters on the November 3, 2026, General Election Amending the City’s Transient Occupancy Tax Rate and Adopt 26-3252 Resolution Of The City Council Of The City Of California City, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A Municipal Ballot Measure Election To Be Held On November 3, 2026, With The Statewide General Election To Be Held On That Date Pursuant To § 10403 Of The Election Code and A Resolution 3253 Of The City Council Of The City Of California City, California, Ordering The Submission To The Qualified Electors Of The City At The General Municipal Election To Be Held On November 3, 2026, Of A Measure To Amend The California City Municipal Code Section 3-2.1.403, Taxes Imposed; Directing The City Attorney To Prepare An Impartial Analysis; And Setting Priorities For Ballot Arguments.
Recommendation: It is recommended that the City Council direct staff on the preparation of a ballot measure to put before the voters on the November 3, 2026, General Election, amending the City’s Transient Occupancy Tax rate and Adopt Resolution 26-3252 Of The City Council Of The City Of California City, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A Municipal Ballot Measure Election To Be Held On November 3, 2026, With The Statewide General Election To Be Held On That Date Pursuant To § 10403 Of The Election Code and A Resolution 26-3253 Of The City Council Of The City Of California City, California, Ordering The Submission To The Qualified Electors Of The City At The General Municipal Election To Be Held On November 3, 2026, Of A Measure To Amend The California City Municipal Code Section 3-2.1.403, Taxes Imposed; Directing The City Attorney To Prepare An Impartial Analysis; And Setting Priorities For Ballot Arguments.
CB 3. Staff Report: Sean Grayson, City Manager
Subject: 1) Authorization to Release a Request for Proposals (RFP) for Lease of the Restaurant Space at the California City Airport; and 2) Request for Direction on the Development of an Airport Facilities Leasing Plan
Recommendation: It is recommended that the City Council authorize the release of the RFP and provide direction on the development of the leasing plan
CB 4. Staff Report: Sean Grayson, City Manager
Subject: Consideration of 1) A Motion to Reconsider the City Council Action of May 26, 2026, Adopting Interim Urgency Ordinance 26-833 of the California City Council Adopted Pursuant to Government Code § 65858 Imposing a Temporary Moratorium on the Approval of New Cannabis Businesses and the Expansion of Existing Cannabis Businesses, and Making Findings of Urgency; and 2) Adoption of an Amended Ordinance 26-834: An Interim Ordinance of the California City Council Adopted Pursuant to Government Code § 65858 Imposing a Temporary Moratorium on the Approval of New Cannabis Businesses, the Expansion of Existing Cannabis Businesses, and Certain New Cannabis Entitlements, and Making Findings of Urgency Recommendation: It is recommended that the City Council 1) Consider a Motion to Reconsider the action adopting Interim Urgency Ordinance 26-833 and, if the motion is successful; 2) Consider adopting the Amended Interim Urgency Ordinance 26-834
NEW BUSINESS
NB 1. Staff Report: Sean Grayson, City Manager
` Subject: Consideration of Options to Repair, Maintain, and Reoccupy the City-Owned Bob Parker
CITY OF CALIFORNIA CITY
June 9, 2026
Scout Lodge
Recommendation: It is recommended that the City Council provide direction on the repair, maintain, and re-occupancy of the Scout Lodge in Central Park
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- June 5, 2026
I, John Paul Maier, Deputy City Manager / City Clerk for the City of California City, California, DO HEREBY CERTIFY that the foregoing notice was posted on all official City bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act.
DR-PARK
COUNCIL AGENDA ITEM
June 09, 2026
TO: Honorable Mayor and City Council
FROM: Leanndrea Weible, Park Coordinator
SUBJECT: Park and Recreation Monthly Department Report
Operations
• The Strata Center is open to the public from 10:00 AM to 12:00 PM for indoor walking This program may be extended or suspended based on participation levels. From 2 p.m. – 5 p.m. it is available for open gym activities, however, are subject to change due to staffing shortages • Won’t Stop Youth in Action utilizes the Strata Center for basketball practice on Mondays, Wednesdays, and Fridays from 5:00 PM to 8:00 PM through June 27, 2026. • Zumba classes are held at the Art Center every Wednesday from 5:00 PM to 6:00 PM. The classes are open to all interested participants.
Current Projects and Updates
The pool officially opened on June 5, 2026, and is now operational for the season. Initial operations have been smooth, and the facility is ready to accommodate both structured programs and open swim sessions.
Current Pool Schedule:
• Tuesday & Wednesday
o 10:00 a.m. – 11:30 a.m.: Water Aerobics
o 12:00 p.m. – 5:00 p.m.: Open Swim
• Friday
o 12:00 p.m. – 5:00 p.m.: Open Swim
o 5:30 p.m. – 7:00 p.m.: Evening Water Aerobics
o
Staff is in place to support all scheduled activities, and safety protocols are being followed.
Attendance and participation levels will continue to be monitored as the season progresses.
Further updates will be provided as needed regarding programming, attendance trends, or any operational changes.
The daily admission rate is $2.50 per person.
DR-PARK
Upcoming Events
The Park Commission continues to host workshops to gather community input for the development of a 5-Year Parks and Recreation Plan. Community participation is strongly encouraged.
Next Workshop: June 12, 2026 @ 6:30-7: 30p.m
Location: Central Park
Format: Walking Workshop to identify areas for improvements, equipment needs, and beautification opportunities throughout the park.
DR-HOUSING
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Nicole Jarmon, Housing Manager
SUBJECT: HOUSING MONTHLY DEPARTMENT REPORT
BACKGROUND/ DISCUSSION
Desert Jade
Currently we have 90 apartments that are filled.
The waitlist has been updated, and we currently have 74 applicants.
Three units are undergoing rehab, two are ready to be rented, applications are being reviewed Desert Jade has three units red tag due to the fire
June 4th, we had our pre-proposal meeting.
May 28th, we had our monthly food giveaway.
Legends
Currently has 6 apartments and 6 houses filled.
Waitlist is combined with Desert Jade
DR-CANNABIS
1 COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Carina Robinson, Cannabis Program Manager & Tax Administrator SUBJECT: CANNABIS MONTHLY DEPARTMENT REPORT
MONTHLY ACTIVITY
1. Onsite audits and inspections were completed 6/1/2026 ensuring continued permit compliance for renewals, understanding of CCMC’s, industry standards per legislation, DCC regulations, and operation requirements with equipment and tools per manufacturing specifications in a human consumable product environment.
2. Creating reports and emails for all operators to close onsite audit and inspection reports.
3. Cannabis Permit Renewal billing invoices completed and printed by 6/1/2026. All invoices were emailed and mailed via USPS 6/2/2026.
4. Grant invoices for #7 and #11 require corrections, explanations, and/or updates per BSCC.
5. Working closely with Planning Department for new Cannabis Permits currently in application process (subject to the moratorium).
6. Working directly with an operator, Planning Department, City Attorney office, and City Manager to reach a conclusion regarding a Notice of Violation from June 7, 2024.
Gathering factual data, onsite visit, and creating a report of events.
7. See code enforcement report for written citations.
ONGOING ACTIVITY
1. Follow-ups with complaints from identified and anonymous reporters.
2. Updating electronic files for each operator for all correspondences. Documents are time and date stamped upon receipt, then scanned/uploaded to the ‘P’ Drive
3. Continuing to create internal cannabis checklists for onsite inspections per the CCMCs and DCC resources
4. Cannabis spreadsheet updated continuously with accurate information for accounting department
5. Reviewing facility files for accurate cannabis tax assessment reporting
6. Attending Cannabis Advisory Committee meetings (virtual attendance). Public comments are submitted via email and verbally as required
7. Attending Department of Cannabis Control meetings (virtual attendance). Public comments are submitted via email and verbally as required
DR - CITY MANAGER
4898-7406-7085 v1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: City Manager’s Report
City Council Request for Parks and Recreation Revenue and Water Expenditures:
At multiple meetings of the City Council including during AB1234 reporting, the City Council has requested a report on Parks and Recreation Revenue and Water Expenditures. Below is the requested information:
Revenue
The Parks and Recreation Department generates an average of $8000 of annual revenue inclusive of:
• Pool & Marina
• Swim Lessons
• Marina Concessions
• Event Permits
• Other Miscellaneous Revenues
Water Expenditures
The Parks and Recreation Department has an average of $70,000 of annual water expenditures across all parks and facilities including:
• Ballsitis Park and all related amenities, fields and ballfield • Central Park and all related amenities, fields and ballfields • Former Par 3 irrigation including location of Skatepark • Pocket Park
• All park bathrooms and irrigation
• Strata Center
• Mable Davis Senior Center
• California Arts & Community Center
• Pool and Marina
May 26, 2026 City Council Meeting AB1234, Questions and Comments Follow-Up:
At the May 26, 2026, City Council meeting, there were questions and direction provided by the City Council. Below, please find the answers and responses to be shared with the City Council and the community
DR - CITY MANAGER
4898-7406-7085 v1
The following is an update on information, questions, or requests that came from agendized items:
• How much has the City paid Place Works for the Housing Element update. o $164,352 to date.
• Direction that future staff reports related to RFPs include a scoring and cost table for all bidders.
o Staff will implement this.
• Prioritize the POS and electronic payment processing at TDS. o Staff will implement this.
• Concern / disappointment in "zero" cannabis odor citations in the Code Enforcement report.
o This will be evaluated by staff and further information presented.
The following is an update on information, questions, or requests that came from AB1234 reports:
Councilmember Clark
• Consider removing turf non-playable grass surfaces at TDS to reduce water demand and seek grant funding for that purpose. Specifically, by August 2026 bring forward the plan to comply with AB 1572 that will prohibit the use of drinking water to irrigate non-functional surfaces at TDS.
o Staff will ask that this be included in the scope of Donovan Golf toward their irrigation recommendations in the final report.
• Recognition of community members who have been cleaning up the median on CCB.
Councilmember Smith
• Thank you to the Mayor for his words at the Memorial Day celebration and to the Mayor Pro Tem for serving as escort for military veterans to their place of final rest. o
• Thank you for the email about the K-rails on Redwood and potential ADA access options.
o
• Graffiti at Dollar General. Offer to get volunteers to do the painting cover up if the store pays for the paint.
o Staff has reached out to the store management and will coordinate this effort.
DR - CITY MANAGER
4898-7406-7085 v1
Mayor Pro Tem Creighton
• Comprehensive update from the California League of Cities Desert Mountain Division joint division workshop
o
• Information that there is a new animal chip reader between the Post Office and Police Station on Hacienda Boulevard. This was made available by local non-profits and is available to anyone to find contact information of owners for chipped animals. o
Mayor Hawkins
• Can we look into options for water bills especially for low-income and underserved community members.
o Staff will work on this request.
• Request for a report on AVEK water impact fees and if they can be reduced. o The water impact fees charged by AVEK cannot be changed. They only apply to the first development of a parcel and are dependent on the size of the meter added.
This is paid for by the developer (and passed to the purchaser). • Could data centers be beneficial to Cal City.
o
• A local volunteer has completed an informal evaluation of the Public Works yard and will be generating a report that should come to the City Council for consideration. o Staff will work on this request.
• Reading on social media misinformation.
o
CC 1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Approve City Check Register dated 05/22/2026-06/04/2026 BACKGROUND/ DISCUSSION:
The following checks have been prepared by the Finance Department. The items are provided to the Mayor and City Council for review and approval.
RECOMMENDATION:
Staff recommends the City Council discuss and approve the attached check register.
CITY OF CALIFORNIA CITY
May 26, 2026
Marquette Hawkins
MAYOR
Jim Creighton
MAYOR PRO TEM
Della Clark
Ronald Smith
COUNCIL MEMBERS
Sean Grayson
CITY MANAGER
DRAFT MINUTES
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING TUESDAY, May 26, 2026 @ 5:00 PM
COUNCIL CHAMBERS
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505 &
VIA ZOOM
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II) Zoom instructions and notes:
Web Link: https://us06web.zoom.us/j/88186259370
Meeting ID: 881 8625 9370
Passcode: 288834
1. Public can dial into the Zoom line:
a. One tap mobile: +16694449171,87254527178# US
b. Dial the following number: +1 564 217 2000 US
2. Comments
a. Public must join Zoom Webinar 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 the City Clerk for a request to speak, and the City Clerk will unmute you.
e. When requested to speak, state your name for the record f. Re-mute when your time to speak has ended
CITY OF CALIFORNIA CITY
May 26, 2026
The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00 PM
CALL TO ORDER
MAYOR HAWKINS CALLED THE MEETING TO ORDER AT 4:00 P.M.
ROLL CALL
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins
ALL PRESENT
ADOPT THE AGENDA
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY COUNCIL MEMBER CLARK, CARRIED 4-0, TO ADOPT THE AGENDA.
PUBLIC COMMENT
MAYOR HAWKINS CALLED FOR PUBLIC COMMENT. NO ONE SPOKE.
CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
Three cases.
CS 2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency designated representative: Sean Grayson, City Manager Employee Organizations:
California Miscellaneous Employees Association
California City Police Officer Association
Unrepresented Employees
REPORT OUT OF CLOSED SESSION
CITY ATTORNEY PONTO REPORTED OUT- DIRECTION WAS GIVEN FOR ALL FOUR MATTERS,
WITH RESPECT TO ALL ITEMS, COUNSEL WAS RECEIVED, AND THERE WERE NO FURTHER REPORTABLE ACTIONS.
CITY COUNCIL CONVENES TO REGULAR MEETING
REGULAR MEETING 5:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE / INVOCATION
MAYOR HAWKINS LED THE PLEDGE OF ALLEGIANCE, AND PASTOR MARK GOODELL PROVIDED THE INVOCATION.
CITY OF CALIFORNIA CITY
May 26, 2026
ROLL CALL –
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins
ALL PRESENT
DEPARTMENT REPORTS
Public Works
Police Department
Finance
Treasurer
City Manager
City Clerk
Code Enforcement
Cannabis – Revenue Report
MAYOR HAWKINS ASKED FOR PUBLIC COMMENTS: J.M. POWERS, AL HUDSON, AND ROBBIE CORDES SPOKE.
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
J.M. Powers – May 6, 2026
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
MAYOR HAWKINS ASKED FOR PUBLIC COMMENTS: NO ONE SPOKE.
PUBLIC BUSINESS FROM THE FLOOR / PUBLIC COMMENT
MAYOR HAWKINS MOVED PUBLIC BUSINESS FROM THE FLOOR / PUBLIC COMMENT TO THE END OF THE MEETING DUE TO VOLUME OF SPEAKERS.
PUBLICHEARING
PH 1. Subject: Public Hearing to Adopt Resolution 26-3245 Adopting the 2023-2031 City of California City Housing Element and Authorizing Staff to Transmit the Adopted Housing Element to HCD and Take Related Administrative Actions Necessary to Complete the City’s Housing Element Adoption Record A. Open Public Hearing
B. Staff Report: Anu Doravari, Planning Director
C. Public Comment
D. Close Public Hearing
E. Discussion
F. Recommended Action: Staff recommends that the City Council
1. Conduct Public Hearing for Adoption of Resolution No. 26-3245
2. Close the public hearing.
3. Adopt Resolution No. 26-3245 Or;
MAYOR HAWKINS OPENED THE PUBLIC HEARING AT 5:34 P.M.
MAYOR HAWKINS ASKED FOR PUBLIC COMMENT. NO ONE SPOKE.
MAYOR HAWKINS CLOSED THE PUBLIC HEARING at 5:36 P.M.
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY MAYOR HAWKINS, CARRIED 4-0, TO ADOPT RESOLUTION 26-3245 ADOPTING THE 2023-2031 CITY OF CALIFORNIA CITY HOUSING
ELEMENT AND AUTHORIZING STAFF TO TRANSMIT THE ADOPTED HOUSING ELEMENT TO HCD AND TAKE RELATED ADMINISTRATIVE ACTIONS NECESSARY TO COMPLETE THE CITY’S HOUSING ELEMENT ADOPTION RECORD.
PH 2. Subject: Introduction and First Reading of Ordinance 26-832: An Ordinance of the City Council of
CITY OF CALIFORNIA CITY
May 26, 2026
the City of California City, California, Amending Sections 9-2.2A05 and 9-2.A06(f)(5) of the California City Municipal Code Relating to Recurring Temporary Uses and Farmers Markets G. Open Public Hearing
H. Staff Report: Anu Doravari, Planning Director
I. Public Comment
J. Close Public Hearing
K. Discussion
L. Recommended Action: Staff recommends that the City Council
1. Conduct Public Hearing for the adoption of Ordinance 26-832
2. Close the public hearing.
3. Find the proposed ordinance exempt from CEQA
4. Introduce, waive full reading, read by title only Ordinance 26-832 MAYOR HAWKINS OPENED THE PUBLIC HEARING AT 5:38 P.M.
MAYOR HAWKINS ASKED FOR PUBLIC COMMENT. NO ONE SPOKE.
MAYOR HAWKINS CLOSED THE PUBLIC HEARING at 5:41 P.M.
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY COUNCIL MEMBER CLARK, CARRIED 3-1 (COUNCIL MEMBER SMITH VOTING NO), TO APPROVE AND INTRODUCE, WAIVE FULL READING BY TITLE ORDINANCE 26-832: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AMENDING SECTIONS 9-2.2A05 AND 9-2.A06(F)(5) OF THE
CALIFORNIA CITY MUNICIPAL CODE RELATING TO RECURRING TEMPORARY USES AND FARMERS MARKETS.
CONSENT CALENDAR
MAYOR HAWKINS ASKED FOR PUBLIC COMMENT: UNDISCLOSED PERSON, UNDISCLOSED PERSON, AND AL HUDSON SPOKE.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0, TO APPROVE THE CONSENT CALENDAR, WITH THE REMOVAL OF ITEM CC 6 FOR SEPARATE CONSIDERATION.
CC 1. Approve City Check Register dated 04/24/2026-05/07/2026
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0.
CC 2. Approve Minutes for 05/12/2026 Regular Meeting and 5/19/2026 Special Meeting
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0, AS AMENDED.
CC 3. Staff Report: Joe Barragan, Public Works Director Subject: Resolution 26-3246: A Resolution of the City Council of the City of California City, Adopting a List of Projects for Fiscal Year 2026-2027 Funded by SB 1: The Road Repair and Accountability Act of 2017
Recommendation: It is recommended that the City Council adopt the resolution approving the list of projects for Fiscal Year 2026-2027 funded by SB 1: The Road Repair and Accountability Act of 2017
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0.
CC 4. Staff Report: Joe Barragan, Public Works Director Subject: Resolution 26-3247: A Resolution of the City Council of the City of California City
CITY OF CALIFORNIA CITY
May 26, 2026
Authorizing the City Manager to Execute Certifications, the Assurances Form, and the Authorized Agent Form, for the Low Carbon Transit Operations Program (LCTOP) FY 2025-2026, for the Following Project: Bus Shelter Replacement $22,718 Recommendation: It is recommended that the City Council adopt the resolution authorizing the City Manager to execute the required documents
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0.
CC 5. Staff Report: Joe Barragan, Public Works Director Subject: Resolution 26-3248: A Resolution of the City Council of the City of California City Accepting Irrevocable Offers of Street Dedication for Portions of Neuralia Road, Yerba Boulevard, and Washburn Boulevard, and Accepting Road Improvements on Yerba Boulevard from Collins Boulevard to Washburn Boulevard
Recommendation: It is recommended that the City Council adopt the resolution accepting the irrevocable offers of street dedication
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0.
CC 6. Staff Report: Joe Barragan, Public Works Director Subject: Crack Seal Projects Listing
Recommendation: It is recommended that the City Council receive and file the listing and direct that the listing be shared with all stakeholders
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY MAYOR HAWKINS, CARRIED 3-0-0-1 (COUNCIL MEMBER SMITH RECUSED).
CC 7. Staff Report: Sean Grayson, City Manager
Subject: Contracts by Department: City Clerk, Police Department, Finance Recommendation: It is recommended that the City Council receive and file the information. The information will be maintained by the City Clerk in a virtual and physical grants and contracts binder (multiple binders).
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR PRO TEM CREIGHTON, CARRIED 4-0.
CONTINUED BUSINESS
CB 1. Staff Report: Sean Grayson, City Manager
Subject: 1) Approval of a Contract with RCS for Comprehensive Review and Evaluation of Citywide User Fees (Fee Study) and Cost Allocation Plan in an Amount Not-To-Exceed $33,150; and 2) Authorize the City Manager to Execute the Contract Recommendation: It is recommended that the City Council approve a contract with RCS for Comprehensive Review and Evaluation of Citywide User Fees (Fee Study) and Cost Allocation Plan and authorize the City Manager to execute a contract.
MAYOR HAWKINS ASKED FOR PUBLIC COMMENT: J.M. POWERS AND AL HUDSON SPOKE.
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4-0.
CB 2. Staff Report: Sean Grayson, City Manager
Subject: Consideration of a 90-Day Golf Course Consulting Services Agreement with Donovan Golf in an Amount Not-To-Exceed $19,500
Recommendation: It is recommended that the City Council consider if the 90-Day Golf Course Consulting Services Agreement with Donovan Golf is appropriate for the future of the TDS Golf Course and either approve the contract and authorize the City Manager to execute it or provide other direction.
MAYOR HAWKINS ASKED FOR PUBLIC COMMENT: J.M. POWERS AND AL HUDSON SPOKE.
CITY OF CALIFORNIA CITY
May 26, 2026
MOTION BY COUNCIL MEMBER SMITH, SECOND BY MAYOR HAWKINS, CARRIED 4-0 TO APPROVE STAFF RECOMMENDATION AND TO DIRECT STAFF TO APPROVE 19,500 AND TO IMMEDIATELY ACHIEVE A POINT OF SALE.
CB 3. Staff Report: Sean Grayson, City Manager
Subject: 1) Adoption of Successor Agency Resolution 26-3226 Declaring Certain Property Owned by the Successor Agency to be Exempt Surplus Land Pursuant to the Surplus Land Act Because it is not Necessary for the Successor Agency’s Agency Use and the Successor Agency Desires to Transfer Such Property to the County of Kern as a Local Agency to Agency Transfer Pursuant to Government Code Section 54221(f)(1)(D) and Section 103(c)(5) of the California Department of Housing and Community Development’s Updated Surplus Land Act Guidelines; Finding that Such Declaration is Exempt from Environmental Review under California Environmental Quality Act Recommendation: Staff recommends that the City Council, acting as the Successor Agency Board, adopt Resolution No. 26-3226.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER CLARK, CARRIED 4-0.
MAYOR HAWKINS RECESSED THE MEETING AT 6:22 P.M.
MAYOR HAWKINS CALLED THE MEETING BACK TO ORDER AT 6:30 P.M.
NEW BUSINESS
NB 1. Staff Report: Mayor Marquette Hawkins
` Subject: 1) Resolution 26-3249 A Resolution of the City Council of The City of California City Approving Appointment of One (1) Commissioner to The City’s Parks and Recreation Commission; and 2) Resolution 26-3250 A Resolution of the City Council of The City of California City Approving Appointment of One (1) Commissioner to The City’s Planning Commission Recommendation: That the City Council adopt the Resolutions 26-3249 and 26-3250 MAYOR HAWKINS ASKED FOR PUBLIC COMMENT: AN UNDISCLOSED PERSON SPOKE.
MOTION BY COUNCIL MEMBER SMITH TO TABLE THE ITEM. MOTION FAILED FOR A LACK OF A SECOND.
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY MAYOR HAWKINS, CARRIED 3-1 (COUNCIL MEMBER SMITH VOTING NO) TO APPOINT KARINA PEREZ FOR THE CURRENT
VACANCY AND INISHA WHITE FOR THE UPCOMING VACANCY TO THE PLANNING COMMISSION.
MOTION BY COUNCIL MEMBER SMITH TO TABLE THE ITEM FOR THE SECOND APPOINTMENT. MOTION FAILED FOR A LACK OF A SECOND.
MOTION BY COUNCIL MEMBER CLARK, SECOND BY MAYOR HAWKINS, CARRIED 3-0-1 (COUNCIL MEMBER SMITH ABSTAINED) TO APPOINT ALESHIA COULTER TO THE PARKS AND RECREATION COMMISSION.
NB 2. Staff Report: Sean Grayson, City Manager
` Subject: Consideration of an Interim Urgency Ordinance 26-833 of the California City City Council Adopted Pursuant to Government Code § 65858 Imposing a Temporary Moratorium on the Approval of New Cannabis Businesses and the Expansion of Existing Cannabis Businesses, and Making Findings of Urgency
Recommendation: It is recommended that the City Council receive a report from staff and provide direction with regard to the Ordinance and its adoption
MOTION BY MAYOR PRO TEM CREIGHTON, SECOND BY COUNCIL MEMBER SMITH, CARRIED 4-0.
CITY OF CALIFORNIA CITY
May 26, 2026
MAYOR HAWKINS ASKED FOR PUBLIC COMMENTS: UNDISCLOSED PERSON, UNDISCLOSED
PERSON, UNDISCLOSED PERSON, LORRAINE, ROBBIE CORDES, AMY, ROBBIE, CONSUELO
GONZALEZ, SHAWN BRADLEY, ALEXANDRA BARON, AL HUDSON, UNDISCLOSED PERSON, RYA KHAN, DIANA BROWNE, TAMI JOHNSON, MAGDENELLA, AND JONI GARCIA SPOKE.
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
MAYOR HAWKINS ADJOURNED THE MEETING AT 7:58 P.M.
CC 3
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Mayor Marquette Hawkins
SUBJECT: Affirm the City Council’s Approval of 1) Amended Resolution 26-3249 A Resolution of the City Council of The City of California City Approving Appointment of One (1) Commissioner to The City’s Parks and Recreation Commission; and 2) Amended Resolution 26-3250 A Resolution of the City Council of The City of California City Approving Appointment of Two (2) Commissioners to The City’s Planning Commission
BACKGROUND/ DISCUSSION:
On May 26, 2026, the City Council approved amended Resolution 26-3249 appointing Alisha Coulter to the Parks and Recreation Commission for an existing vacancy; and Resolution and 26- 3250 appointing Karina Perez and Inisha White to the Planning Commission for an existing and a vacancy caused by the resignation of a commissioner. The attached amended resolutions represent the action taken on May 26, 2026, and this action affirms the adoption of the amended resolutions as attached.
RECOMMENDATION:
It is recommended that the City Council affirm its adoption of the amended Resolutions 26-3249 and 26-3250.
ATTACHMENTS:
1. Resolution 26-3249
2. Resolution 26-3250
4909-4761-1783 v1
RESOLUTION NO. 26-3249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING APPOINTMENT OF ONE (1) COMMISSIONER TO THE CITY’S PARKS
AND RECREATION COMMISSION
WHEREAS, the City of California City (“City”) Parks and Recreation Commission (“Commission”) is governed by the California City Municipal Code (“CCMC”) and State law; and
WHEREAS, pursuant to CCMC section 2-2.103, the Commission is comprised of five members; and
WHEREAS, pursuant to CCMC section 2-2.104(b), the terms of office for members of the Commission (“Commissioners”) are for a period of two (2) years or until their successors are appointed; and
WHEREAS, as of May 1, 2026 there is one vacancy on the Parks and Recreation Commission; and
WHEREAS, the Council desires to appoint a Commissioner to the Commission effective immediately; and
WHEREAS, the Mayor has recommended that the following resident be considered for appointment to the Commission: Alisha Coulter
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of California City authorizes the following:
1. Alisha Coulter is appointed to serve on the City of California City Parks and Recreation Commission for a two (2) year term from May 1, 2026, through April 30, 2028; and
2. The Resolution is effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED on this 9th day of June 2026 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4909-4761-1783 v1
Dr. Marquette E. Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
John Paul Maier, MBA, MMC Victor M. Ponto
City Clerk City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, John Paul Maier, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the _________ day of ________________ 2026, by the following vote:
John Maier
City Clerk
4909-4761-1783 v1
RESOLUTION NO. 26-3249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING APPOINTMENT OF ONE (1) COMMISSIONER TO THE CITY’S PARKS
AND RECREATION COMMISSION
WHEREAS, the City of California City (“City”) Parks and Recreation Commission (“Commission”) is governed by the California City Municipal Code (“CCMC”) and State law; and
WHEREAS, pursuant to CCMC section 2-2.103, the Commission is comprised of five members; and
WHEREAS, pursuant to CCMC section 2-2.104(b), the terms of office for members of the Commission (“Commissioners”) are for a period of two (2) years or until their successors are appointed; and
WHEREAS, as of May 1, 2026 there is one vacancy on the Parks and Recreation Commission; and
WHEREAS, the Council desires to appoint a Commissioner to the Commission effective immediately; and
WHEREAS, the Mayor has recommended that the following resident be considered for appointment to the Commission: Alisha Coulter
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of California City authorizes the following:
1. Alisha Coulter is appointed to serve on the City of California City Parks and Recreation Commission for a two (2) year term from May 1, 2026, through April 30, 2028; and
2. The Resolution is effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED on this 9th day of June 2026 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4909-4761-1783 v1
Dr. Marquette E. Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
John Paul Maier, MBA, MMC Victor M. Ponto
City Clerk City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, John Paul Maier, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the _________ day of ________________ 2026, by the following vote:
John Maier
City Clerk
4909-4761-1783 v1
RESOLUTION NO. 26-3250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING APPOINTMENT OF TWO (2) COMMISSIONERS TO THE CITY’S
PLANNING COMMISSION
WHEREAS, the City of California City (“City”) Planning Commission (“Commission”) is governed by the California City Municipal Code (“CCMC”) and State law; and WHEREAS, pursuant to CCMC section 2-2.103, the Commission is comprised of five members; and
WHEREAS, pursuant to CCMC section 2-2.104(b), the terms of office for members of the Commission (“Commissioners”) are for a period of two (2) years or until their successors are appointed; and
WHEREAS, as of May 1, 2026, there is one vacancy on the Planning Commission; and WHEREAS, as of May 26, 2026 there is an additional vacancy on the Planning Commission due to the resignation of a commissioner; and
WHEREAS, the Council desires to appoint two Commissioner to the Commission effective immediately; and
WHEREAS, the Mayor has recommended that the following residents be considered for appointment to the Commission for vacancies: Karina Perez; and Inisha White; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of California City authorizes the following:
1. Karina Perez is appointed to serve on the City of California City Planning Commission for a two (2) year term from May 1, 2026, through April 30, 2028; and
2. Inisha White is appointed to serve on the City of California City Planning Commission for the remainder of a two (2) year term from June 1, 2026, through April 30, 2028; and
3. The Resolution is effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED on this 9th day of June 2026 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4909-4761-1783 v1
Dr. Marquette E. Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
John Paul Maier, MBA, MMC Victor M. Ponto
City Clerk City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, John Paul Maier, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City on the _________ day of ________________ 2026, by the following vote:
John Maier
City Clerk
CC 4
4898-7406-7085 v1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Mayor and City Council
FROM: Anu Doravari, City Planner
SUBJECT: Second Reading and Adoption of Ordinance 26-832: An Ordinance of the City Council of the City of California City, California, Amending Sections 9-2.2A05 and 9-2.A06(f)(5) of the California City Municipal Code Relating to Recurring
Temporary Uses and Farmers Markets
BACKGROUND/ DISCUSSION:
On May 26, 2026, the City Council conducted first reading of Ordinance 26-832: An Ordinance of the City Council of the City of California City, California, Amending Sections 9-2.2A05 and 9-
2.A06(f)(5) of the California City Municipal Code Relating to Recurring Temporary Uses and Farmers Markets and approved the ordinance by vote. This action is the second reading and adoption of the Ordinance which would go into effect on July 9, 2026 if adopted.
The proposed zoning text amendment is intended to provide a narrow and durable mechanism for recurring temporary uses, including farmers markets, within the City’s existing temporary use permit framework. The amendment does not modify the City’s base zoning districts and does not establish farmers markets as a new principal use in any zoning district.
Instead, the amendment refines the administration of recurring temporary uses by allowing a temporary use permit to be issued for each calendar year of operation and by revising the duration standard applicable to produce stands and farmers markets. Existing temporary use protections would remain in place, including property owner authorization, liability insurance, parking, site maintenance, and inspection access requirements.
At its public hearing on May 5, 2026, the Planning Commission considered the proposed zoning text amendment and recommended approval to the City Council.
Proposed Amendment
The proposed ordinance would amend two provisions of the California City Municipal Code:
Code Section Current Issue Proposed Amendment
Section 9-2.2A05 Temporary use permits are
required for each occurrence
of a temporary use.
Clarifies that recurring
temporary uses require a
temporary use permit for each
calendar year of operation.
CC 4
4898-7406-7085 v1
Code Section Current Issue Proposed Amendment
Section 9-2.2A06(f)(5) Produce stands and farmers
markets are subject to the
existing duration standard.
Allows produce stands and
farmers markets for up to fifty
(50) days per year, with no
more than three consecutive
days at a time.
Analysis
The proposed amendment provides an administrative pathway for recurring temporary uses without converting those uses into permanent land uses. The temporary use permit process would continue to allow the City to review the location, operational characteristics, access, parking, insurance, owner authorization, and site maintenance requirements for each use.
The amendment is limited in scope. It does not approve a specific farmers market, event, operator, location, or physical development. Each recurring temporary use would continue to require City review through the temporary use permit process and compliance with all applicable City standards.
During the Planning Commission discussion, Commissioners noted that the amendment could also provide a useful permitting framework for other recurring community-oriented temporary uses, such as street markets or night markets, provided each use remains subject to temporary use permit review and all applicable development standards. The proposed ordinance does not independently authorize any such use; it only refines the permitting framework for recurring temporary uses.
General Plan Consistency
The proposed amendment is consistent with the General Plan because it supports local access to community-serving temporary activities while preserving the City’s ability to review temporary uses for compatibility, safety, parking, and operational impacts. The amendment does not change any General Plan land use designation, zoning district, density, intensity, or development standard for permanent development.
Environmental Review
The proposed ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that the ordinance would not have a significant effect on the environment. The ordinance is a limited text amendment to the City’s temporary use permit provisions and does not approve any specific site, event, construction, grading, development project, or physical change to the environment.
Public Notice
Notice of the City Council public hearing was provided in accordance with applicable law. The proof of publication should be included in the final City Council packet once received.
FISCAL IMPACT:
No direct fiscal impact is anticipated from adoption of the ordinance. Temporary use permits would continue to be processed through the City’s applicable permit procedures and fee schedule.
CC 4
4898-7406-7085 v1
RECOMMENDATION:
It is recommended that the City Council conduct second reading and adopt Ordinance 26-832: An Ordinance of the City Council of the City of California City, California, Amending Sections 9-
2.2A05 and 9-2.A06(f)(5) of the California City Municipal Code Relating to Recurring Temporary Uses and Farmers Markets.
ATTACHMENTS:
1 - Draft Ordinance No. 26-832
2 - Exhibit A - Proposed Code Amendments
3 - Redline Code Amendments
ORDINANCE NO. 26-832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AMENDING SECTIONS 9-2.2A05 AND 9-2.2A06(f)(5) OF THE CALIFORNIA CITY MUNICIPAL
CODE RELATING TO RECURRING TEMPORARY USES AND FARMERS MARKETS WHEREAS, the City of California City regulates temporary uses through the temporary use permit provisions of the California City Municipal Code; and
WHEREAS, the City desires to clarify the permitting framework for recurring temporary uses and revise the duration standard applicable to produce stands and farmers markets; and WHEREAS, the proposed amendments are limited to the administration and duration of temporary use permits and do not modify the City’s base zoning districts, approve any specific site, authorize any specific event, or establish farmers markets as a new principal use in any zoning district; and WHEREAS, on May 5, 2026, the Planning Commission conducted a duly noticed public hearing, considered the proposed zoning text amendment, and adopted Resolution No. PC 2026-05-02 recommending that the City Council approve the ordinance; and WHEREAS, on May 26, 2026, the City Council conducted a duly noticed public hearing, considered the staff report, the Planning Commission recommendation, public testimony, and all other evidence in the administrative record; and
WHEREAS, the City Council finds that this ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that the ordinance would not have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. CEQA. The City Council finds that this ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because the ordinance is a limited text amendment to the City’s temporary use permit provisions and does not approve any specific site, event, construction, grading, development project, or physical change to the environment.
SECTION 3. Amendment to Section 9-2.2A05. Section 9-2.2A05 of the California City Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 4. Amendment to Section 9-2.2A06(f)(5). Section 9-2.2A06(f)(5) of the California City Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall take effect thirty (30) days after its adoption.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.
INTRODUCED at a regular meeting of the City Council of the City of California City held on May 26, 2026.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of California City held on [June __, 2026].
ATTEST: APPROVED:
______________________________
City Clerk
______________________________
Mayor
I, John Maier, City Clerk of the City of California City, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on May 26, 2026, and was passed, approved, and adopted at a regular meeting of the City Council held on [June __, 2026], by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
City Clerk
CITY OF CALIFORNIA CITY
Exhibit A - Proposed Code Amendments
Farmers Market Zoning Text Amendment | Clean Code Text
EXHIBIT A
PROPOSED CODE AMENDMENTS
Section 9-2.2A05. Temporary Use Permits.
Section 9-2.2A05 is amended to read in its entirety as follows:
No person shall install or conduct any temporary use without a temporary use permit. Temporary use permits shall be required for each occurrence of a temporary use. Recurring temporary uses shall require a temporary use permit for each calendar year of operation.
Section 9-2.2A06(f)(5). Duration of Temporary Use Permits.
Section 9-2.2A06(f)(5) is amended to read in its entirety as follows:
(5) Produce stand; farmers market: Fifty (50) days per year, not more than three consecutive days at a time;
(All other provisions of Section 9-2.2A06 remain unchanged.)
CITY OF CALIFORNIA CITY
Redline Code Amendments
Farmers Market Zoning Text Amendment
Redline shown for review purposes only. Additions are shown in red underline. Deletions are shown in red strikethrough.
Section 9-2.2A05. Temporary Use Permits.
No person shall install or conduct any temporary use without a temporary use permit. Temporary use permits shall be required for each occurrence of a temporary use. Recurring temporary uses shall require a temporary use permit for each calendar year of operation.
Section 9-2.2A06(f)(5). Duration of Temporary Use Permits. (5) Produce stand; farmers market: Ninety (90) days Fifty (50) days per year, not more than three consecutive days at a time;
Summary of Changes
Section Change
Section 9-2.2A05 Adds calendar-year temporary use permit language for recurring temporary uses.
Section 9-
2.2A06(f)(5)
Revises produce stand/farmers market duration from ninety (90) days to fifty (50) days per year, with no more than three consecutive days at a time.
CC 5
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: Resolution 26-3251: Designation of Applicant’s Agent Resolution for NonState Agencies BACKGROUND/ DISCUSSION:
The City is eligible for over $5,000 of reimbursement from CalOES in relation to the California City Freeze Disaster Declaration from 2007. In order to accept the funds and close out the claim the City Council must designate an Authorized Agent for disaster assistance. The attached resolution provides that the City Manager or Deputy City Manager is approved to serve as the City’s Authorized Agent.
RECOMMENDATION:
It is recommended that the City Council adopt the resolution and assign the City Manager or Deputy City Manager as the City’s Authorized Agent for OES Disaster Reimbursement.
ATTACHMENTS:
1. Resolution 26-3251
2. CalOES Project Summary Certification
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No: ______________________
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Title)
(Signature)
Cal OES 130 (Rev.9/13)
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:
1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.”
Cal OES 130 (Rev.9/13) Page 2
STATE CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
PROJECT SUMMARY CERTIFICATION
OF DOCUMENTATION
(Must be submitted with attached CDAA4 Database Project Summary) CDAA #: 200702 FEMA DR: N/A P.A. #: 029-09780
APPLICANT NAME: CALIFORNIA CITY, CITY OF
I HEREBY CERTIFY under penalty of perjury: That I am the duly authorized official of the herein named applicant; that the Project Summary (final claim) attached to this certification, is in all respects true, correct, and has not heretofore been paid, and is in accordance with law; that materials, supplies or services listed have been received or performed; that the materials, supplies or services for which payment was made were used or performed exclusively in connection and consistent with Disaster Assistance of the applicant in accordance with the California Disaster Assistance Act and applications approved by the California Governor’s Office of Emergency Services; that original contracts, invoices, vouchers or payrolls in support of this claim are on file in the office of the herein named applicant, that I have not violated any of the provisions of Sections 1090 to 1096 inclusive of the Government Code in incurring the items of expense referred to in this claim.
I certify that I am the fully qualified and authorized (Printed Name of Applicant's Agent and Title) official of the herein applicant responsible for the
examination and settlement of accounts; and that
the accounts claimed have been paid by the herein (Signature of Applicant's Agent) named applicant:
By
(Auditor-Controller-Clerk of Applicant)
(Date)
This form must be completed and submitted with the CDAA Database Project Summary within sixty (60) Days, following completion of all work, to:
California Governor’s Office of Emergency Services – Grants Processing Section
3650 Schriever Avenue, Mather, California 95655
(For Internal Use Only)
TOTAL APPROVED FINAL CLAIM........................................................................................$ Administrative Allowance...........................................................................................................$ Amount of Prior Advances..........................................................................................................$ AMOUNT OF FINAL PAYMENT.............................................................................................$ Date Reviewer Title
Date Reviewer Title
CDAA Form 4a (Rev. 3/17) (Replaces OES 94)
CDAA Project Summary - CDAA4
200702
029-09780
California City, City of
029-09780
11/08/23 Page: 1
CDAA No.:
Applicant:
FIPS No.:
Decl No.:
CDAA
Supp.
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CDAA
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PW#
Cat. CDAA
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FEMA
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Comments
CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
(To be submitted with CDAA 4a - Certification of Documentation) of 1
D
B
0 0
1117
1261
City of California City, The City of California City
sustained damages to several facilities throughout the county City Hall, Community Center - Central Park, Public Restrooms - Central Park, Pare 3 Golf Course restrooms All broken or split copper water supply lines. Rancho Tract; damaged pump motor, check valve and transmitter. Silver Saddle; Phase 111 water tank, damaged level transmitter. Yerba @ Calicity Blvd Well #2A & Yerba @ Mendiburu Well #14; broken pressure
transmitter.
All repairs were made.
City of Californai City, Various locations thru-out the county.
The City responded to customer requests to have their water shut-off due to broken water mains and supply lines.
All work completed.
$2,897
$2,013
$3,863
$2,684
____/____/____
____/____/____
$_________
$_________
__________________
__________________
__________________
__________________
__________________
__________________
$4,910
$5,401
CDAA Approved Amount: Total Project
Amount Claimed
by Applicant(without Admin.): $_______________
Total CDAA Approved Amount:
Administrative Allowance-10%: $491
CC 6
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: Approve a Professional Services Agreement with Anupama Doravari for Planning Services and Authorize the City Manager to Execute the Agreement BACKGROUND/ DISCUSSION:
The City has used the professional services of Anupama Doravari for to provide comprehensive Planning services to the City since June of 2023 and used her services as an employee prior to that time. At the time the contract began, the Planning Department had a broader staffing structure.
The department as had a Planning Clerk, Planning Administrative Secretary, City Planner, and a professional services contract for planning support. Since then, the department has transitioned to a leaner staffing model, with the Planning Clerk position later vacated and eliminated. Under the current structure, administrative and front-counter support remains in place, while the contract planning role carries the substantive planning responsibilities necessary to keep the department operating. This includes entitlement review, staff reports, public hearing materials, Planning Commission and City Council support, Director’s Hearings, CEQA coordination, zoning determinations, applicant coordination, interdepartmental coordination, department reports, and process improvements.
The contract rate began at $55/hour in June 2023 and was temporarily reduced in 2024 by the consultant as a cost saving measure. The proposed agreement would revise the rate to $71 per hour, with continued authorization for up to 30 hours per week, as needed. This is the same hourly rate as an equivalent director in the City salary schedule but is an approximate 60% savings over the cost of a full-time employee and more than a 100% cost savings as compared to Southern California bases Planning Consultants.
RECOMMENDATION:
It is recommended that the City Council approve the agreement and authorize the City Manager to execute it.
ATTACHMENTS:
Professional Services Agreement – Anupama Doravari
1 CITY OF CALIFORNIA CITY
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 9th day of June 2026 (“Effective Date”), by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Boulevard, California City, CA 93505 ("City") and AR Anupama Doravari, an individual and resident of Germany with a principal place of business at Marga-von-Etzdorf-Weg 2, Boeblingen 71034 Germany (“Consultant”). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional planning consulting services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional planning consulting services to public clients, is appropriately licensed in the State of California or in the territory where services where will be performed and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional planning consulting services ("Services") for the general planning needs of the City as provided for within California Government Code Section 37103 as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning consulting Services necessary for the City. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the Effective Date for a period of twelve (12) months, ending on June 10, 2027, unless earlier terminated as provided herein. This Agreement may be extended for an additional twelve (12) month term upon mutual written agreement of the Parties up to three times for a total contract length of forty-eight (48) months. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar 2 or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference, or as further defined and agreed to between City and Consultant. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Sean Grayson, City Manager or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.5 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.6 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- 3 consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.7 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules orregulations.
3.2.8 Insurance.
3.2.8.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation/Employer’s Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section. 4 (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.8.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(D) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 5 (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.8.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.8.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.8.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.8.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.8.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.8.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 6 3.2.8.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.8.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.8.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. (C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.
3.2.8.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3.2.8.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies.
All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable.
The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment 7 and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10 Water Quality Management and Compliance.
3.2.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.10.2 Compliance with Water Quality Laws, Ordinances and Regulations.
Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.10.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.10.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
8 3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy-One Dollars (USD $71.00) per hour without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within forty-five (45) days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within forty-five (45) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 California Labor Code Provisions.
3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing WageLaws.
3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any 9 subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, electronic mail sufficient, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: AR Anupama Doravari
Marga-von-Etzdorf-Weg 2,
Boeblingen 71034 Germany
[email protected]
City: City of California City
21000 Hacienda Boulevard
California City, California 93505
ATTN: Sean Grayson, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the 10 method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
11 3.6.5 Indemnification.
3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense, and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers, and agents as part of any such claim, suit, action, or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the United States of America, State of California. Venue shall be in Kern County.
3.6.8 Dispute Resolution. If any dispute, controversy or claim arises out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach or termination (a ‘Dispute’), it shall be referred, upon written notice (a ‘Dispute Notice’) given by one Party to the other. The Parties shall seek to resolve the Dispute on an amicable basis within fourteen (14) days of the Dispute Notice being received. Any Dispute not resolved within fourteen (14) days of the Dispute Notice being received may be referred by either Party to mediation before a mediator to be agreed between the parties or, failing such agreement, to be appointed by The Center for Effective Dispute Resolution (“CEDR”). The parties shall share (equally) the costs of the mediator, the mediation venue and CEDR. If either Party fails or refuses to agree to or participate further in the mediation procedure or if, in any event, the Dispute is not resolved within thirty-five (35) days from receipt of the Dispute Notice, the Dispute shall be referred to and finally resolved by arbitration pursuant to the Rulesof 12 the International Center for Dispute Resolution (“ICDR”), which Rules are deemed to be incorporated by reference into this Clause. The tribunal shall consist of three arbitrators, two of whom shall be nominated by the respective Parties. The Chairman of the tribunal shall be nominated by agreement between the two Party-nominated arbitrators within fourteen (14) days of the nomination of the second such arbitrator.
Failing such agreement, the Chairman shall be appointed by the ICDR Court. The seat of arbitration shall be Los Angeles, CA. The language of the arbitration shall be English. The governing law of this Clause and the contract shall be the substantive federal laws of the United States of America and the State of California.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay 13 any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.6.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[intentionally left blank. signature page follows]
14 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the Effective Date.
CITY OF CALIFORNIA CITY AR ANUPAMA DORAVARI
By: ____________________________ By: ___________________________ Sean Grayson, City Manager Anupama Dorvari, Consultant
ATTEST:
By: _____________________________
John Paul Maier, City Clerk
APPROVED AS TO FORM:
By: _____________________________
Victor Ponto, City Attorney
EXHIBIT "A"
SCOPE OF SERVICES
1. Streamline and organize planning department functions- Review and update all planning department application forms to reflect any changes from City codes and CEQA policies. Provide individual checkliststo each development applications and group them into bundlesfor easy accessfor clients. For example: Existing building reuse application will contain all the different formsin one consolidated place online and a description will be provided upfront about what the process entails from document(s) submission to issuance of Occupancy Certificate from the City.
2. Coordination across all departments - Work closely with Building Department, Public Works Department, Fire and Police department to identify points of intersection and organization flow to ensure, the planning department can provide a comprehensive overview of the role ofeach department in the approval process for any given development project.
3. Planning Department functions - Review all incoming development projects permit applicationsto check and determine if City's land use plan allows for proposed project development.
Correspond and direct clients and monitor required changes for project approval.
4. Review of Incoming Development Applications — includes checking documents, building plansfor compliance to City codes, preliminary review of architectural plans, and review of documents as per local and applicable county laws and policies.
5. Discretionary Case Environmental Planning - Case by case analysis of compliance to CEQAlaws, document preparation and submission to CFWS, State Clearing House etc. to receive approval for clearing of vacant land in anticipation of real estate project development.
6. Client Interactions - Respond to emails, calls and direct clients, lawyers, architects, project managers etc. using technical knowledge to navigate through city's compliance protocols to obtain project approval.
7. City Planning Functions - Develop and direct the implementation of goals, objectives, policies, procedures. Participate in all City long and short-range planning activities, ensures that residential, commercial, industrial and related development conforms to the City goals and objectives.
8. Planning Commission - Prepare Staff reports and author planning commission documents including Public hearing documents. Draft ordinances and resolutions for various planning applications such as zone changes etc. Prepare complete Planning Commission Agendasfor monthly meetings.
9. Development and update of Master plan document — Prepare master plan updates, generateGIS based maps for subsequent updates. Conduct socio-demographic analysis to understand growth rate and effectively delegate resources for future development.
10. Processing Minor Applications — Interpret General plan and master plan documentsto allow minor applicationssuch as what type of businesses can be located in Cl zone vs. C2 zone and drafting all the necessary documents for building department review and subsequent approval.
11. Community development — Assess where and how large scale developments can benefit our community and find provisions for entitlements in the General plan and help boost city'spublic infrastructure.
EXHIBIT "B"
SCHEDULE OF SERVICES
EXHIBIT "C"
COMPENSATION
Maximum 30 Hours/Week
Rate per
Hour (USD)
Monthly 3-months 6-months 1 Year
$71.00 $9,230.00 $27,690.00 $55,380.00 $110,760.00
CB 1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Inge Elmes, OHV Manager
SUBJECT: 1) Approve a Contract with RC Becker in the Amount of $93,988 for the Concrete Islands and Asphalt Paving for the OHV RV Dump Station Development Grant Project; and 2) Authorize the City Manager and OHV Manager to Execute and Related Documents
BACKGROUND/DISCUSSION:
The City of California City was awarded grant funding from the Off Highway Motor Vehicle Recreation Grant Program for contracts with construction and paving companies to install concrete islands and asphalt paving at the new OHV RV Dump Station Project.
Multiple companies were contacted to provide bids for this scope of work. All quotes include prevailing wages and DIR registration.
Quotes were received from the following companies for concrete islands:
• CEN-CAL Construction $39,769.00
• RC Becker $29,512.00
• MMCI Construction Removed Bid
Quotes were received from the following companies for asphalt work:
• WESTROCK General Engineering $78,804.00
• ES Grading and Paving $99,700.00
• RC Becker $64,476.00
Staff had an opportunity to expand the project to include additional work and collaborate with a construction company to complete all scope of work at a much lower cost. All work has been approved by the OHMVR Division and the grant timeline has been extended to complete project deliverables.
RECOMMENDATION:
Staff recommends that City Council approve the contract with RC Becker for the concrete island and asphalt paving work in the amount of $93,988.00 and to authorize the City Manager and OHV Manager to execute any related documents.
CB 1
FISCAL IMPACT:
These items were included and approved in the FY 25/26 budget. The expense projected for the Concrete Islands is budgeted at $31,060.00 and included in fund 16-4251-630. The expense projected for the asphalt paving is budgeted at $42,560.00 and also included in fund 16-4251-630, totaling $73,620.00 for these two contracts. Staff is requesting additional funding from OHV Permit Program Fund 29-4219-630, cash balance, in the amount not to exceed $21,000.00 to completely fund projects. Cash balance currently at $152,302.55. The purpose of this fund includes the ability to fund OHV related capital projects.
ATTACHMENTS:
1. CEN-CAL quote
2. RC Becker quotes
3. WESTROCK General Engineering quote
4. ES Grading and Paving quote
To: City of California City Contact:
Project Name: RV DUMP STATION MEDIAN ISLANDS Bid Number:
California City, CA 93505 Fax:
Address: 21000 Hacienda Blvd Phone: (760) 373-8661
Project Location: CAL CITY, CA Bid Date: 5/6/2026
Addendum #: N/A
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION # 1000001026 EXPIRATION 6-30-2028
WE ARE SIGNATORY TO THE FOLLOWING UNIONS
OPERATING ENGINEERS LOCAL 12 & LOCAL 3
SO CAL LABORERS LOCAL 220
NOR CAL LABORERS LOCAL 1130
SO CAL CEMENT MASONS LOCAL 600
NOR CAL CEMENT MASONS LOCALS 300 & 400
CEN-CAL Construction carries $1,000,000.00 GL Per Project - $2,000,000.00 GL Aggregate - $5,000,000.00 Umbrella - $1,000,000.00 Commercial Auto Policy - $1,000,000.00 Workers Comp.
Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 INSTALL (5) TYPE B1 MEDIAN CURB ISLANDS 1.00 LS $39,769.00 $39,769.00 Total Bid Price: $39,769.00
Notes:
• The above prices do not include Performance and Payment Bonds. Add 2% if bonds are required. • The above prices do not include Permits or Permit Fees. • Quote excludes pedestrian and vehicular traffic control including traffic plates and deliniation for contract work, extra work, Change Order work, Punchlist work & Warranty repair work. General Contractor to cover all associated Traffic Control @ no expense to CEN-CAL.
• The above prices do not include concrete or asphalt demo or removal. • The above prices do not include sawcutting of existing concrete or asphalt. • City to deliver final concrete grade to CEN-CAL Construction with stringline inspection @ +-.05' & compaction passed prior to our arrival.
• The above prices do not include compaction testing firm or fees. • The above prices do not include self performance or maintenance of survey staking. We also do not include the hiring of subcontracted surveying firms or any associated fees.
• The above prices do not include Construction Water source or fees. • (1) Crew Mobilization included. Additional Mobilizations will be $1500.00 EACH • All listed items of work must be awarded. (please contact CEN-CAL's Estimator to request removing portions of our scope of work prior to bid time) • Quote Based on Performing All Work in (8) Regular DAYTIME Hours Monday thru Friday. OT or DT not caused by CEN-CAL will be billed seperately @ Current Rates plus 20% markup
• Standby Time not caused by CEN-CAL Construction will be charged seperately at the rate of $125.00 per man hour. • Quote excludes night, weekend & special shift work. If any of these will be required please request a revised quote from CEN-CAL prior to bid time. • Quote excludes colored and/or decorative finish concrete. • Quote excludes buy & install of aggregate base, vapor barrier & sand under all concrete items. • Quote excludes buy & install of rebar or steel reinforcement in concrete items of work. • Quote excludes concrete pumping & all associated fees. If pumping will be required please add $3500.00 per day for a trailer pump or $6500.00 per day for a boom pump.
• CEN-CAL Construction carries the insurance coverages & limits shown @ the top of this proposal. If additional coverages or limits will be required the costs of those increases are to be paid by the General Contractor within 10 days of the policy increase date. No costs are to be paid by CEN-CAL Construction.
• General Contractor to supply a trash dumpster at all times onsite in close proximity to our work for our use at no cost to CEN-CAL. • CEN-CAL Construction requires our proposal to be added to all of our subcontracts as an attachment. • CEN-CAL will not accept responsibility for concrete cracking, heaving or sinking due to expansive OR contractive underlying grade material. 5/6/2026 11:14:07 AM Page 1 of 2
• CEN-CAL quote will be the basis of our minimum billing total. Quantity overruns will be billed @ Unit Prices provided. • Quote is based strictly on items listed and no other work is included. If you require any items of work not listed please request a new proposal.
• Quote excludes Quality Assurance & Quality Control and submissions of plans. GC to provide if required @ no cost to CEN-CAL. • Quoted prices are valid thru 6-30-26. If project extends beyond this date CEN-CAL will require a Change Order for labor and material price increases.
• CEN-CAL quote excludes all PLA (Project Labor Agreement's), OCI or CCI (Owner or Contractor Controlled Insurance Program's) and CWA's (Community Workforce Agreement's). If any of these are required on this project please advise CEN-CAL prior to bid time as our quoted prices may change.
Payment Terms:
Payment due within 5 days after payment is made by Owner.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
CEN-CAL Construction
Authorized Signature:
Estimator: Jason Plank
(661) 706-3899 [email protected]
5/6/2026 11:14:07 AM Page 2 of 2
Date: May 15, 2026
Bid To: BHT Engineering, Inc.
218 S "H" Street Suite 203
Bakersfield, CA 93304
RE: Cal City RV Dump Station Islands
Attn: Ramon Pantoja
Phone: (661) 302-9678
Email: [email protected] Bid# N/A
Item Description Quantity Units Unit Price Extension
1 Install B1 Curb Only on owner provided subgrade 775 LF $ 38.08 $ 29,512.00 Total = $ 29,512.00
Standard Exclusions:
Site Specific Exclusions:
Equipment Fuel Surcharge
Qualifications:
Grading: N/A Paving: N/A Concrete: $ 5,000.00
Accepted
By:
Submitted
By: Vince Tellez
Dated: Date: May 15, 2026
Excavating, Grading, and Paving Contractor
License No. 258762 / DIR No. 1000001096
Prices quoted are calculated on a ONE move-in basis. An additional charge will be incurred for each succession resumption of work as follows:
Fine Grading (Area to be received concrete ready), traffic control The unit prices in this proposal will remain in effect for all work completed Signing, Striping, Seal Coat, Fog Seal, Prime Coat, Slurry Seal, Utility Adjusting, Engineering, Staking, Testing, Permits/Permit Fees, Bonds/Bond Fees, Potholing, Traffic Control Plan, Cost of construction water/fees, Import or Export (offsite) of processed materials or earth materials, Nuisance water control & dewatering, SWPPP’s plans and/or implementation, Decorative paving, Night Work, Weekend Work and ITEMS NOT SPECIFICALLY LISTED IN SCOPE OF WORK.
Through the Date of: 06/30/26
Unit prices after this date to be re-negotiated to cover anticipated escalation on labor and materials. Items which are not specifically enumerated in the proposal are not included in the bid. 28355 Kelly Johnson Parkway
We have reviewed the plans and specifications for the above project and our bid and estimated quantities to complete the work are listed below all in accordance with Green Book Requirements
Contract price includes Labor, Equipment, and Material to Complete the following Scope of Work:
Santa Clarita, CA 91355
Phone (661) 259-4845
Fax (661) 259-9869
A 4% fuel surcharge will be added if fuel exceeds $6.00 per gallon and an additional 4% for every $0.50 increase in fuel cost thereafter.
Date: May 21, 2026
Bid To: BHT Engineering, Inc.
218 S "H" Street Suite 203
Bakersfield, CA 93304
RE: Cal City RV Dump Station Islands
Attn: Ramon Pantoja
Phone: (661) 302-9678
Email: [email protected] Bid# N/A
Revision 1
Item Description Quantity Units Unit Price Extension
1 Install B1 Curb Only on owner provided subgrade 775 LF $ 38.08 $ 29,512.00 2 4" Asphalt Paving 11,940 SF $ 5.40 $ 64,476.00
Total = $ 93,988.00
Standard Exclusions:
Site Specific Exclusions:
Equipment Fuel Surcharge
Qualifications:
Grading: N/A Paving: N/A Concrete: $ 5,000.00
Accepted
By:
Submitted
By: Vince Tellez
Dated: Date: May 21, 2026
Excavating, Grading, and Paving Contractor
License No. 258762 / DIR No. 1000001096
Prices quoted are calculated on a ONE move-in basis. An additional charge will be incurred for each succession resumption of work as follows:
Fine Grading (Area to be received concrete or asphalt ready), traffic control The unit prices in this proposal will remain in effect for all work completed Signing, Striping, Seal Coat, Fog Seal, Prime Coat, Slurry Seal, Utility Adjusting, Engineering, Staking, Testing, Permits/Permit Fees, Bonds/Bond Fees, Potholing, Traffic Control Plan, Cost of construction water/fees, Import or Export (offsite) of processed materials or earth materials, Nuisance water control & dewatering, SWPPP’s plans and/or implementation, Decorative paving, Night Work, Weekend Work and ITEMS NOT SPECIFICALLY LISTED IN SCOPE OF WORK.
Through the Date of: 06/30/26
Unit prices after this date to be re-negotiated to cover anticipated escalation on labor and materials. Items which are not specifically enumerated in the proposal are not included in the bid. 28355 Kelly Johnson Parkway
We have reviewed the plans and specifications for the above project and our bid and estimated quantities to complete the work are listed below all in accordance with Green Book Requirements
Contract price includes Labor, Equipment, and Material to Complete the following Scope of Work:
Santa Clarita, CA 91355
Phone (661) 259-4845
Fax (661) 259-9869
A 4% fuel surcharge will be added if fuel exceeds $6.00 per gallon and an additional 4% for every $0.50 increase in fuel cost thereafter.
CA. LICENSE - 1096953 | SBE # - 2036767
7005 Downing Ave.
BAKERSFIELD, CA 93308
661-218-9566
Item
#
Item Description UNITS UOM UNIT
PRICE
TOTAL PRICE
Base Bid
8 HOT MIX ASPHALT (TYPE A) 11,940 SF $6.60 $78,804.00
Total Base Bid Price: $78,804.00
NOTES: THE ABOVE PRICES DO NOT INCLUDE PERFORMANCE AND PAYMENT BOND, ADD 2% IF BONDS ARE REQUIRED.
SCOPE OF WORK:
Item 1: Place HMA Type A per approved plan set and standard specification INCLUSIONS:
• This proposal is based off Caltrans standard specification 9-1.07 for Payment Adjustments for Asphalt Oil Price Index Fluctuations. Payment
adjustment(s) +/- will be made to Westrock based on the calculation of the proposal date's oil index and the index on the date(s) of actual
paving.
• Bid includes (1) move-in per a mutually agreed upon schedule with all work available. Additional move-ins to be negotiated. • Pricing valid for 30 days from the original proposal date. Signed agreement or written notice of intent to contract to be provided to Westrock
within 30 days of proposal date or pricing may be subject to change. • Pricing based on an applicable tax rate of 8.25%. Westrock to be additionally compensated for any additional taxes or change in taxes
• All work areas to be available for completion in consecutive shifts. Westrock to be compensated at T&M for inefficiencies of additional shifts
of work areas not available concurrently.
• Work to be performed during normal Mon-Fri business hours. • Minimum Billing & Payment amounts based upon proposal estimated quantities listed on proposal. Additional quantity to be measured
and billed at Unit Prices.
• Contractor to provide approved & secured equipment laydown area within or adjacent to project paving area. • Storage and work area to be received with clear, unobstructed access.
TO: City of California City
Address:
7800 Moss Avenue, Bldg. R302, Door #A
California City, Ca
Contact: Inge Elmes
Phone: (760) 460-1214
Email: [email protected]
Project Name:
OHV RV Dump Station Project
Project Location:
California City, CA
Bid Date: 05/13/2026
EXCLUSIONS:
• Concrete sealants post curing / Contraction joints.
• Temporary surfacing (cold mix, traffic plates, etc.)
• Badging, Site Specific Training, Testing, Orientation. To be paid at T&M if required. • Survey, Staking, Engineering, As-Builts, Layout. Contractor responsible to provide all layout to ensure proper line & grade prior to Westrock
mobilization. Specifically, pavement limits: starts, stops, edges of pavement & grade control. • Sealcoats, Prime Coats, Soil Sterilant, Header boards, Joint seals. • Wet and/or otherwise unsuitable material correction, buried man-made objects, rock breaking and / or blasting. • Grade Stabilization Fabrics, Pavement Reinforcing Fabrics (Petromat, Glasgrid, Glaspave, TruPave, etc.) • SWPPP/WPCP plan, permits, Notice of Intent (NOI), permanent site BMPs, Temporary BMPs specifically inlet and drain protection & covers.
• Traffic Control, Flagging, pedestrian control, Posting, Notification, No Parking signs. Handling of trench plates, K-rail or crash cushions.
• Redwood Header or Edge Boards
• Reduced speed zone signage, Portable radar speed feedback signs system, PCMS Boards, Stationary Impact Attenuator Vehicle, Traffic
Lookout or Traffic Queue Monitoring
• Installation or removal of ramping for temporary transitions or access. Plating, bridging, tapers, protection of PCC. • Temporary and/or Permanent Delineation or Striping, Striping Removals, Signs, Wheelstops, Pavement Markings • Landscape, Irrigation, Electrical, Loop Replacement
• Backfill of curbs, shoulder backing, Dike backing, dressing of parkways. • AC patching and/or trench repairs not specifically included as a proposal pay item.
EXCLUDES ANY ITEMS NOT EXPLICITLY LISTED IN INCLUSIONS OR SCOPE OF WORK.
Payment Terms:
This proposal is to be paid 30 days from the invoice date. Subject to a service charge of 1.5% per month. The interest rate per annum is 19%.
Should Westrock General Engineering be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:_____________________ _________
Signature:________________________________
Date of Acceptance:________________________
Confirmed:
Westrock General Engineering
Authorized Signature:___________________________
Estimator: Garrett Brown
PROPOSAL
Owner: CITY OF CALIFORNIA CITY,CA. Date : 5/20/2026
Address: 21000 Hacienda Blvd.
City/State: California City, Ca.
Contact: Inge E. Phone: 760 460 1214
Job Location: 135TH & TWENTY MULE TEAM PARKWAY
Job Name: RV DUMP STATION
We appreciate this opportunity of been of your service, E’s Grading and Paving will provide all labor, equipment and materials to complete the work specified in the proposal timely in a workmanlike manner and per codes and regulations.
We are pleased to submit the following bid:
Job Description: ASPHALT PAVING ( 11,940 SF )
1). Construction of a new asphalt area around islands and per plan dimensions. ( 4 inch thick ) 2). PG70-10 ½ inch mix
3). 11,940 sf @ $ 8.35 dls/sf = $ 99,700.00
T0TAL: $ 99,700.00
LIC # 1034825
DIR # 1OOO443059
THIS PRICE IS VALID FOR 30 DAYS
GENERAL CONDITIONS
1. Proposal is based on both parties reaching mutually agreeable terms and conditions prior to the start of work.
2. Owner/General Contractor must provide to E’s Grading & Paving the legal description of project property and the names and addresses of all contacts and lenders associated with the project.
3. A “Preliminary Lien Notice” will be issued on all projects. This is a legal precaution and is not a lien.
4. The language and conditions of this proposal must be included in any subsequent contracts.
5. Owner/General Contractor shall pay to E’s Grading & Paving all costs of collection, including but not limited to attorney’s fees, court costs and filing fees in the event legal action or collection proceedings are brought pursuant to this proposal.
6. Unless otherwise agreed in writing by E’s Grading & Paving, all sums due under this proposal are payable within 10 days of completion.Finance charges of 1.5% per month shall accrue and be payable by Owner/General Contractor on all unpaid amounts beginning 30 days after completion.
GENERAL EXCLUSIONS
1. Permits,fees,or bond premiums unless specifically noted on this proposal.
2. Surveying,staking,testing or engineering.
3. Adjustment and/or relocation of existing utilities unless noted in the schedule values or special conditions.
4. Prime coat on subgrade or aggregate base,arhm material, thermoplastic, swpp, bmp.
5. Herbicide or any other type of chemicals applied to prevent weeds from growing.
6. Excludes any subgrade and base re compaction and fine grading.
7. Any liability for improper drainage slopes.
8. 9.
10. 11.
12. Any other work or material not specified on this proposal dated 5/20/2026
ACCEPTANCE OF PROPOSAL
THE ABOVE PRICES, SCOPE OF WORK AND CONDITIONS ARE HEREBY ACCEPTED.
AGREE TO THE PAYMENT TERMS NOTED
Ernesto Orozco ______________________________________
Wallace & Smith
E’s Grading and Paving Authorized signature and date
4933-7522-4498 v1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Mayor and City Council
FROM: Sean Grayson, City Manager
John Paul Maier, Deputy City Manager / City Clerk
SUBJECT: A Discussion and Direction on the Preparation of a Ballot Measure to Put Before the Voters on the November 3, 2026, General Election Amending the City’s Transient Occupancy Tax Rate and Adopt Resolution Of The City Council Of The City Of California City, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A Municipal Ballot Measure Election To Be Held On November 3, 2026, With The Statewide General Election To Be Held On That Date Pursuant To § 10403 Of The Election Code and A Resolution Of The City Council Of The City Of California City, California, Ordering The Submission To The Qualified Electors Of The City At The General Municipal Election To Be Held On November 3, 2026, Of A Measure To Amend The California City Municipal Code Section 3-2.1.403, Taxes Imposed; Directing The City Attorney To Prepare An Impartial Analysis; And Setting Priorities For Ballot Arguments.
BACKGROUND/ DISCUSSION:
On January 27, 2026, the City Council approved NB 1, Discussion and Preparation of a Ballot Measure for Submission to the Voters at the November 3, 2026, Regular Election, by a 4-0 vote.
Staff has prepared the attached resolutions and ordinance to reflect the November 3, 2026, election date. To ensure transparency and provide the Council with the most current information, the updated attachments are being presented for formal consideration and approval.
All other information contained in the staff report and supporting documents remains substantially the same as the materials presented to the City Council on January 27, 2026. In addition to the updated staff report and attachments, a Frequently Asked Questions (FAQ) information sheet has been prepared and will be posted on the City's website to provide the public with information regarding the proposed ballot measure.
The Transient Occupancy Tax (“TOT”) also known as a “hotel tax” or a “bed tax”, is authorized under State Revenue and Taxation Code section 7280, as an additional source of non-property tax revenue to local government. This tax applies to persons staying 30 days or less in hotels, motels, inns, short-term rentals (including Airbnb, VRBO, and similar listings), or similar accommodations, with the tax on the customer’s rent payment for a room rather than the lodging establishment itself. In this regard the tax is not paid by California City community members, rather it is paid by those who utilize local hotels and short-term rental locations. Taxes collected are remitted by all approved lodging operators within the City. 4933-7522-4498 v1
The City of California City has a current TOT rate of 6% as established in Title 3 “Finance”, Chapter 2 “Revenue”, Division 4 “Transient Occupancy” of the Municipal Code, which contributes to the General Fund revenue. The TOT generates approximately $75,000 annually for the City, and accounts for approximately 1% of its revenue sources.
The City has not raised its TOT from 6% since 2006, making it lower than most other cities in the County and the State of California. McFarland is the only other Kern County city with a TOT of 6%, with the countywide average at 9.3%. A 10% TOT is the most common rate for cities and counties statewide although the statewide average for all jurisdictions is more than 12%. In 2016 the voters considered an increase to the TOT with Measure T that did not pass; and in 2024 the City Council considered a TOT increase, but it was not advanced to the November 2024 ballot.
Taxes, Voter Approval, and Legal Parameters
A tax is a monetary imposition by a government on persons or property to generate revenue for governmental purposes. Unlike assessments or fees, a tax does not need to be levied in proportion to a specific benefit to a person or property. California general law cities (such as California City) receive their authority to tax from State law. State law sets certain limits and procedures and may exempt certain activities from taxes levied by general law cities.
The passage of Proposition 13 in 1978 created a distinction between “general” and “special” taxes.
Proposition 218, in 1996, further defined and established procedures for general taxes.
General Tax:
• A general tax is a tax imposed for general governmental purposes, the proceeds of which are deposited into the General Fund.
• A majority vote of the electorate (50% plus 1 of those voting on the measure) is required to impose, extend or increase any general tax.
• Elections for general taxes must coincide with regularly scheduled general election of city council members.
Special Tax:
• A special tax is a tax that is collected and earmarked for a specific purpose and deposited into a separate account.
• A two-thirds vote of the electorate is required to impose, extend or increase any special tax. • Elections for special taxes may be placed on the ballot of any election, including odd-numbered years.
In summary, a TOT general tax amendment must align with a general municipal election, which only occurs in November of even-numbered years and requires a majority vote to pass. A TOT special tax amendment does not need to align with a general election and can be added to a special election in an odd numbered year. However, it requires a two-thirds majority vote to pass.
Fiscal Emergency Exception:
California Constitution Article XIII C, section 2 (b) requires that any proposed general tax be 4933-7522-4498 v1
approved by a majority of the voters at a regularly scheduled general municipal election for the City Council, “except in cases of emergency declared by a unanimous vote of the governing body.” California Elections Code and the California Constitution detail the requirements for cities considering placing a revenue measure on the ballot at an upcoming election.
Required Actions and Timeline for a TOT Ballot Measure:
Per California Elections Code Section 9222, the City Council “may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. The election shall be held not less than 88 days after the date of the order of election.” In adherence to the Kern County Elections Department’s schedule and the California Elections Code, the City must adopt a Resolution and submit it to the County by August 7, 2026, calling for a general municipal election ballot measure on November 3, 2026, and requesting consolidation with the County. An Ordinance to modify the TOT rate, and a Resolution calling for the ballot measure may be adopted at the June 9, 2026, Regular City Council meeting to meet the August 7, 2026, deadline.
FISCAL IMPACT:
Should the City Council direct that the item be placed on the ballot, there would be legal and election costs estimated to cost $20,000. These costs would apply to the November 3, 2026, dates as the City is already consolidating each election with Kern County for the City Councilmembers, Mayor, and Treasurer elections, respectively.
RECOMMENDATION:
It is recommended that the City Council direct staff on the preparation of a ballot measure to put before the voters on the November 3, 2026, General Election, amending the City’s Transient Occupancy Tax rate and Adopt Resolution Of The City Council Of The City Of California City, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A Municipal Ballot Measure Election To Be Held On November 3, 2026, With The Statewide General Election To Be Held On That Date Pursuant To § 10403 Of The Election Code and A Resolution Of The City Council Of The City Of California City, California, Ordering The Submission To The Qualified Electors Of The City At The General Municipal Election To Be Held On November 3, 2026, Of A Measure To Amend The California City Municipal Code Section 3-2.1.403, Taxes Imposed; Directing The City Attorney To Prepare An Impartial Analysis; And Setting Priorities For Ballot Arguments.
ATTACHMENTS:
1. Resolution Requesting Consolidation with Kern County for Transient Occupancy Tax Rate
2. Resolution Requesting Measure Preparations, Taxes Imposed, City Attorney Analysis, and City Attorney Arguments for Transient Occupancy Tax Rate 4933-7522-4498 v1
3. Ordinance for Transient Occupancy Tax Rate
4. FAQ Information Sheet for Transient Occupancy Tax Rate 4900-9371-0258 v1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALIFORNIA CITY, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF KERN
TO CONSOLIDATE A MUNICIPAL BALLOT MEASURE
ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO § 10403 OF THE ELECTION
CODE
WHEREAS, the City Council (“City Council”) of the City of California City (“City”) has requested that the Kern County Board of Supervisors consolidate the City’s General Municipal Election to be held on November 3, 2026, with the Statewide General Election to be held on the same date; and
WHEREAS, the City Council ordered the submission to the qualified electors of the City at its General Municipal Election to be held on November 3, 2026, of a measure to amend the City’s Municipal Code Section 3-2.1.403, Taxes Imposed, to increase the transient occupancy tax imposed on transient occupants of hotels located within the City from 6% to 10% of the rent charged by the hotel operator; and
WHEREAS, it is desirable that the said measure be consolidated together with the General Municipal Election being consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers), and election officers of the two elections be the same, and that the County elections department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to include with the General Municipal Election being consolidated with the Statewide General Election on Tuesday, November 3, 2026, the submission as a ballot measure to the voters the question of increasing the rate of the City’s transient occupancy tax from six percent (6%) to ten percent (10%).
SECTION 2. That a measure is to appear on the ballot as follows:
Shall an ordinance be adopted to amend the transient
occupancy tax provisions of the California City
Municipal Code to increase the tax imposed on
transient occupants of hotels from 6% to 10% of the
rent charged by the hotel operator, estimated to
generate $75,000 annually, the revenues of which
YES
NO
CITY OF CALIFORNIA CITY RESOLUTION NO. _______
4900-9371-0258 v1
shall be used for general government operations, in
perpetuity, be adopted?
SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.
SECTION 4. That the vote requirement for the measure to pass is a vote of least a majority of the voters voting on the question.
SECTION 5. That the County Elections Division is authorized to canvass the returns of the measure submitted to the qualified electors at the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 6. That the Board of Supervisors is requested to issue instructions to the County Elections Division to take any and all steps necessary for the holding of the consolidated election.
SECTION 7. That the City of California City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Division of the County of Kern.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this ___ day of __________, 2026. _______________________________
Marquette Hawkins, Mayor
CITY OF CALIFORNIA CITY
ATTEST:
_______________________
John Paul Maier, Deputy City Manager / City Clerk
CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. _______
4900-9371-0258 v1
STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.
CITY OF CALIFORNIA CITY )
I, John P. Maier, City Clerk of the City of California City, California, hereby certify that Resolution No. ______ was adopted by the City Council of the City of California City at a Regular Meeting held on the ____ day of _________, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
John Paul Maier, Deputy City Manager / City Clerk
CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. _______
4900-9371-0258 v1
EXHIBIT A
TEXT OF PROPOSED TRANSIENT OCCUPANCY TAX MEASURE
4902-4162-2706 v1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALIFORNIA CITY, CALIFORNIA, ORDERING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, OF A MEASURE TO
AMEND THE CALIFORNIA CITY MUNICIPAL CODE
SECTION 3-2.1.403, TAXES IMPOSED; DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS; AND SETTING PRIORITIES FOR BALLOT
ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of California City on Tuesday, November 3, 2026, a General Municipal Election; and WHEREAS, pursuant to existing authority under the Elections Code, the City Council proposes to submit to the voters of the City at said General Municipal Election a ballot measure to amend the California City Municipal Code, Section 3-2.1.403, relating to the amount of transient occupancy tax imposed upon transient occupants of hotels as that term is defined at Section 3-
2.1.402(a); and
WHEREAS, the proposed ballot measure would increase the amount of transient occupancy tax imposed on transient occupants of hotels from six percent (6%) to 10% percent of the rent charged by the hotel operator; and
WHEREAS, all funds raised by this measure will be deposited into the City’s General Fund for use for any legal purpose; and
WHEREAS, pursuant to Article XIII C of the California Constitution, Section 37100.5 of the California Government Code, and Sections 7280 – 7283.51 of the California Revenue and Taxation Code, the City has the authority to levy a transient occupancy tax following notice and a public hearing; and
WHEREAS, on ________, 2026 the City published notice of the time and place of the City’s Transient Occupancy Tax and a general explanation thereof in the Mojave News, a newspaper of general circulation.
;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA
CITY, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to California Elections Code Sections 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order that a ballot measure be submitted CITY OF CALIFORNIA CITY RESOLUTION NO. ________
4902-4162-2706 v1
to the voters at the General Municipal Election to be held on Tuesday, November 3, 2026 in the form set forth herein.
SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said General Municipal Election shall appear and be printed on the ballot as follows:
Shall an ordinance be adopted to amend the transient
occupancy tax provisions of the California City
Municipal Code to increase the tax imposed on
transient occupants of hotels from 6% to 10% of the
rent charged by the hotel operator, estimated to
generate $75,000 annually, the revenues of which
shall be used for general government operations, in
perpetuity, be adopted?
YES
NO
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The measure shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election.
SECTION 4. The ballots to be used at the election shall be in the form and content required by law.
SECTION 5. The City Clerk is authorized, instructed, and directed to coordinate with the County of Kern Elections Division to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 6. The City Clerk is hereby directed to submit to the City Attorney a copy of the ordinance, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk as required by Elections Code Section 9280 and shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California.
SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as contemplated in Elections Code Section 10400 and all such arguments shall be filed with the California City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 300 words in length.
The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.
If more than one argument is submitted in favor or against the measure, the Clerk shall select the argument based upon the priorities set forth in Elections Code 9287, and if more than CITY OF CALIFORNIA CITY RESOLUTION NO. ________
4902-4162-2706 v1
one argument shares the same highest priority, the City Clerk shall use a random selection methodology. Arguments received prior to the deadline shall be confidential until the deadline.
SECTION 8. That the last day for filing rebuttal arguments for or against the ballot measure shall be as set forth in Elections Code Section 9285 and all such arguments shall be filed with the California City Clerk, 21000 Hacienda Boulevard, California City, California, 93505, and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.
SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.
SECTION 10. That the polls (vote centers) for the election shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 14212, except as provided in §§ 10242, 14401 of the Elections Code of the State of California.
SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 13. The election on this measure shall be conducted on the same ballot as the General Municipal Election for candidates, and in all other particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Kern County Board of Supervisors and the Kern County Elections Division.
SECTION 15. The City Council, by separate resolution, shall request that the Kern County Board of Supervisors consolidate such California City General Municipal Election with the Statewide General Election to be held on November 3, 2026.
SECTION 16. The City Manager and all other officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the process for placing the measure on the November 3, 2026 ballot.
SECTION 17. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
///
CITY OF CALIFORNIA CITY RESOLUTION NO. ________
4902-4162-2706 v1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of California City, California, on this ___ day of __________, 2026. _______________________________
Marquette Hawkins, Mayor
CITY OF CALIFORNIA CITY
ATTEST:
_______________________
John Paul Maier, Deputy City Manager / City Clerk
CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. ________
4902-4162-2706 v1
STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.
CITY OF CALIFORNIA CITY )
I, John Paul Maier, City Clerk of the City of California City, California, hereby certify that Resolution No. ______ was adopted by the City Council of the City of California City at a Regular Meeting held on the ____ day of _________, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
John Paul Maier, Deputy City Manager / City Clerk
CITY OF CALIFORNIA CITY
CITY OF CALIFORNIA CITY RESOLUTION NO. ________
4902-4162-2706 v1
EXHIBIT “A”
4936-0211-5250 v1 -1-
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 3-2.1.403 OF DIVISION 4 OF ARTICLE 1 OF CHAPTER 2 OF TITLE 3 THE CALIFORNIA CITY MUNICIPAL CODE TO REVISE THE
TRANSIENT OCCUPANCY TAX RATE
WHEREAS, the City Council has placed a measure to increase the transient occupancy tax before the voters at the general election to be held on November 3, 2026; an WHEREAS, the measure received the requisite votes for adoption.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CALIFORNIA CITY DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The first sentence of Section 3-2.1.403 of Division 4 of Article 1 of Chapter 2 of Title 3 of the California City Municipal Code is hereby amended to read in its entirey as follows:
“ For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of 10% percent of the rent charged by the operator.
Such tax shall constitute a debt owed by transient to the City, which debt shall be extinguished only by payment to the operator or to the City.
The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.
If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require such tax be paid directly to the Tax Administrator.”
SECTION 2. If any section or portion of this Ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the Ordinance, which shall continue in full force and effect, and to that extent, the provisions of this Ordinance are severable.
SECTION 3. The City hereby determines that this Ordinance is not in-and-of-itself a "project" pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 1506l(b)(3), as it can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment.
SECTION 4. This Ordinance, and all the provisions thereof, shall become effective only upon affirmative passage by a majority of the voters voting on the Ordinance. This Ordinance shall be considered adopted on the date that the City declares the results of the election at which it was voted upon and shall be effective ten (10) days thereafter.
APPROVED AND ADOPTED ON by the voters of the City of California City [date vote declared by the City Council] AND EFFECTIVE ON [10 days after declaration of vote]. 4936-0211-5250 v1 -2-
RESULTS PRESENTED at a Regular Meeting of the City Council of the City of California City, California, on this ___ day of __________, 2026.
_______________________________
Marquette Hawkins, Mayor
CITY OF CALIFORNIA CITY
ATTEST:
_______________________
John Paul Maier, Deputy City Manager / City Clerk
CITY OF CALIFORNIA CITY
CB 3
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: 1) Authorization to Release a Request for Proposals (RFP) for Lease of the Restaurant Space at the California City Airport; and 2) Request for Direction on the Development of an Airport Facilities Leasing Plan BACKGROUND/ DISCUSSION:
On April 14, 2026, the City Council received a report on future options City owned Tierra Del Sol Golf Course and the California City Municipal Airport. Direction was provided with regard to the airport to include, among other items, that staff release a Request for Proposals (RFP) for lease of the restaurant with repairs and utilities the obligation of the lessee. Since that meeting City staff have been contacted by six (6) potentially interested parties for lease of the restaurant space. There appears to be significant interest in the location and its potential.
In June of 2023 the City released an RFP for the lease of the restaurant space at the airport. Staff has modified the previous RFP and created a new RFP (attached) to be released. If authorized by the City Council staff would release the RFP immediately with the following timeline:
Issuance Date ..................................June 10, 2026 Pre-Proposal Meeting......................July 7, 2023, at 10:00 am Proposal Due Date ..........................July 17, 2026, before 5:00 pm Potential Semi-Finalist Interviews..July 20 – August 7, 2026 Anticipated City Council Award ....August 25, 2026
The RFP establishes that the submitted applications will be reviewed by an Evaluation Committee that will make a recommendation to the City Council based on the following scored criteria:
• The Business Plan.
• Qualifications and Experience.
• Funding Source(s).
• Extent of the remodel of the existing space.
• The value the restaurant brings to the City.
• The hours and day of operation.
• The Menu.
• The goals of the business.
• The improvements that will be made to the space.
• The lease rate proposed.
CB 3
Airport Facilities Leasing Plan
Staff intends on presenting an Airport Facilities Leasing Plan for the City Council’s consideration in July of 2026. This will include City controlled spaces on and adjacent to the airport. An updated lease rate and standard contract process will be established ensuring fair market rates and compliance with FAA regulations with regard to aviation uses for facilities on the airport grounds.
Staff requests that the City Council provide any direction necessary to aid staff in the development of the plan aligned with the leasing of the restaurant.
RECOMMENDATION:
It is recommended that the City Council authorize the release of the RFP and provide direction on the development of the leasing plan.
ATTACHMENTS:
RFP - Lease of the Restaurant Space at the California City Airport 1 City of California City
Request for Proposals
for Lease of the Restaurant Space at the California City Airport
Issue Date: June 10, 2026
Response Due Date/Time: July 17, 2026 5:00 pm (PST)
Sean Grayson
City Manager
(760) 373-7170
[email protected]
City of California City
21000 Hacienda Blvd
California City, CA 93505
2 CITY OF CALIFORNIA CITY
Request for Proposal to lease the restaurant space at the California City Airport.
The City of California City is seeking a qualified business or firm to lease the approximately 2,500-square-foot restaurant space 22636 Airport Way #10, California City, CA 93505 located at the California City Airport.
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:
Sean Grayson
City Manager
21000 Hacienda Blvd
California City, CA 93505
Phone: 760-373-7170
Email: [email protected]
Proposals may be sent by email or via postal service or other delivery methods to the following:
Email: [email protected]
Postal Service:
City of California City
Attn: Sean Grayson
21000 Hacienda Blvd
California City, CA 93505
Telephone: (760) 373-7170
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 ..................................June 10, 2026 Pre-Proposal Meeting......................July 7, 2023, at 10:00 am Proposal Due Date ..........................July 17, 2026, before 5:00 pm Potential Semi-Finalist Interviews..July 20 – August 7, 2026 Anticipated City Council Award ....August 25, 2026
The postmark date will not constitute timely delivery. Responses received after the above time will not be considered. Proposers are solely responsible for ensuring timely receipt of their proposals.
3 TABLE OF CONTENTS
I. GENERAL INFORMATION Page
A. Project Background and Description 4
B. Services Required of Successful Proposer 4
C. Services Provided by the City 4
D. Selection Process 4
E. Solicitation Caveat 6
F. Time 7
G. Form of Agreement 7
H. News Releases 7
I. Statutes and Rules 7
J. Background Review 8
II. PROPOSAL INFORMATION AND REQUIREMENTS
A. General Instructions 8
B. Business Address 8
C. Corrections and Addenda 8
D. Proposal Format and Contents 9
E. Pre-Proposal Meeting 11
F. Proposal Submission 12
G. Withdrawal and Submission of Modified Proposal 12
H. Disposition of Proposals and Proprietary Data 12
4 I. GENERAL INFORMATION
A. Background and Description
California City Municipal Airport is a 222-acre publicly owned facility that serves the aviation needs of California City and the surrounding areas of eastern Kern County. The airport is owned and operated by the City of California City. A master plan was last prepared for the airport in 1994.
The restaurant is located at the airport at 22636 Airport Way #10, California City, CA 93505. The facility was previously as restaurant, is currently vacant, and does not have comprehensive restaurant infrastructure. The facility will require permitted upgrades.
It is anticipated that the prevailing proposer will bring a balance of investment in the location and the payment of adjusted lease rates for the facility. The City will not be responsible for work at the facility to make it ready for use as a restaurant.
The prevailing proposer will be responsible for all utilities in addition to the monthly lease payment.
B. Services Required of Successful Proposer
The Successful Proposer will need to provide the City with a full business plan.
This includes but is not limited to:
• their qualifications and experience
• their funding source(s)
• the amount that they will spend to remodel the existing space • the value their restaurant will bring to the city
• their operating hours and days
• their Menu
• their short-term goals and long-term goals
• the improvements they will make to the restaurant
• the proposed lease rate payable to the City
C. Services Provided by the City
The City will provide a Contact Person as a primary point of contact, who will arrange to help with any questions. The City will assist with providing any available information. The City will also be available to meet and discuss the requirements.
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 5 may select those firms deemed most qualified for this project for further evaluation. Interviews of these selected firms may be conducted as part of 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 lease the space, but the Council is not bound to accept the recommendation or award the lease 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. Please note that the Evaluation Committee may consider any information they deem relevant in determining a recommendation to the City Council and may give each of the criteria considered as little or as much weight as they consider appropriate.
a. The Business Plan.
b. Qualifications and Experience.
c. Funding Source(s).
d. Extent of the remodel of the existing space.
e. The value the restaurant brings to the City.
f. The hours and day of operation.
g. The Menu.
h. The goals of the business.
i. The improvements that will be made to the space.
j. The lease rate proposed.
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 6 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 Committee, and the final selection of a proposer by the City Council or Board of Directors, shall be based on any information and criteria the Evaluation Committee and Board 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 or Board of Directors 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 or Board of Directors, 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 7 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 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 a lease/contract has been signed by both parties.
The selected Proposer will be required to execute an agreement with the City for the services requested within 10 days of the award. If agreement on the terms and conditions of the lease/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 lease 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.
8 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.
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.
9 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 lease/contract they shall not be entitled to additional compensation or time by reason of the error or its subsequent correction.
Addenda issued by the City interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the proposal. 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 – Business Plan:
Provide the business plan 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, 10 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.
3. Section II - Qualifications and Experience:
This section is designed to establish the proposer as an entity with the ability and experience to operate the restaurant or provide the services, 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 number of years providing services; and financial statements (balance sheet and Dun & Bradstreet credit rating acceptable).
Additionally, provide examples of previous experience in the restaurant industry.
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.
Of critical importance is the composition of the team proposed to lease the restaurant space at the airport. Credentials and resumes of the person(s) responsible for administering or providing the services must be provided. Include a statement of qualifications and resumes/backgrounds of key personnel, including training certifications of professional and non-professional personnel.
4. Section III - Funding Source(s):
Provide a source of funding for remodeling of existing space, finance the daily operations of the restaurant in business, and the purchase of new appliances and equipment.
5. Section IV – Extent of the Remodel, Remodel Work Schedule, Proposed Design Plan:
11 Provide a detailed description of the remodel work that will be required. A floor plan will need to be approved by Kern County Environmental Health Department. The restaurant approach should include specific details regarding how and what the restaurant space will look like when completed. Provide specific information, details, and plans. Include any additional information and options that you feel may be advantageous to the City. Include specific details with regard to a work schedule and time frame to complete the remodel. This schedule should contain specific milestones and dates of completion which will be used to set schedules.
6. Section V - Value to City:
Describe the value your establishment will bring to the City. This is the Proposer’s opportunity to explain to the City why the City should choose your establishment to lease the restaurant space at the Airport. Explain what the hours and day of operation will be.
Let the City know what will be on your menu.
7. Section VI - Insurance:
The selected proposer will be required to obtain, as a condition of the award of a contract, and the proposal shall state that the proposer will obtain liability insurance.
8. Section VII - Proposed Lease Rate Payable to the City
9. Section VIII - Additional Information:
Provide the City with your short-term goals and your firm’s longterm goals for your business and for the space you are hoping to lease. Explain your vision for your establishment and the space.
Inform the City of the improvements that your firm will make if your firm is awarded the lease space.
E. Pre-Proposal Meeting
A Pre-Proposal meeting has been set for July 7, 2026, at 10:00 a.m. The meeting will be held at California City Airport 22636 Airport Way; California City, CA 93505. The purpose of the meeting is to permit proposers an opportunity to see the space, ask questions, and/or provide feedback to City staff on the restaurant space. 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 12 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 one (1) written or digital copy of the proposal. Please submit all proposals to:
City of California City
Attn: Sean Grayson
21000 Hacienda Blvd
California City, CA 93505
Telephone: (760) 373-7170
Email: [email protected]
Proposals may be delivered in person, by email, by courier service, or by mail to the address indicated above. ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM. on July 17, 2026, 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.
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. 13 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.
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.
CB 4
COUNCIL AGENDA ITEM
June 9, 2026
TO: Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: Consideration of 1) A Motion to Reconsider the City Council Action of May 26, 2026, Adopting Interim Urgency Ordinance 26-833 of the California City Council Adopted Pursuant to Government Code § 65858 Imposing a Temporary Moratorium on the Approval of New Cannabis Businesses and the Expansion of Existing Cannabis Businesses, and Making Findings of Urgency; and 2) Adoption of an Amended Ordinance 26-834: An Interim Ordinance of the California City Council Adopted Pursuant to Government Code § 65858 Imposing a Temporary Moratorium on the Approval of New Cannabis
Businesses, the Expansion of Existing Cannabis Businesses, and Certain New Cannabis Entitlements, and Making Findings of Urgency BACKGROUND/ DISCUSSION:
Interim Urgency Ordinance 26-833 was adopted by the City Council at their regular meeting May 26, 2026, imposing a temporary moratorium on the approval of new cannabis businesses and the expansion of existing cannabis businesses. Mayor Hawkins has requested that the City Council reconsider the adoption of the ordinance and subsequently consider adoption of an amended ordinance. The ordinance passed unanimously (4 affirmative votes among four votes) and, as such, any member may make a motion to reconsider the action.
The ordinance was adopted pursuant to Government Code § 65858 which allows the City to adopt a zoning urgency ordinance that temporarily prohibits new cannabis uses and approvals, including pending but unapproved applications. The interim urgency ordinance must clearly identify the immediate threat posed by additional approvals under the current rules. The articulated issues under the current rules include:
• Odor control issues with and without required filtration systems impacting large portions of the community.
• Spot zoning allowances that can and have located cannabis businesses immediately adjacent to developed residential areas.
• Environmental review and compliance issues related to cannabis specific development activities.
• Enforcement structure and taxation processes that are burdensome on staff. • Public Safety concerns for operating facilities and for locations after the closure of cannabis businesses.
CB 4
• Lack of permanent utility options for some permissive zoned parcels. • Lack of administrative capacity to permit, renew, inspect, enforce, and collect taxation subject to the current Municipal Code.
The attached Interim Urgency Ordinance 26-833 was adopted to satisfy the requirements of the Government Code and includes the articulated issues as immediate threat posed by additional approvals under the current rules. As adopted, the interim urgency ordinance went into effect immediately for 45-days effective May 26, 2026. Government Code § 65858 does not allow the City to discontinue application processing entirely. During the 45-day moratorium, and longer if extended, the City will hold applications in abeyance. Staff will accept and screen applications but defer hearings and decisions until the moratorium is lifted. There would not be an impact on existing cannabis businesses operating under a current cannabis permit.
Government Code § 65858(d) requires that the City produce a written report that must be issued at least 10 days before the initial 45-day ordinance expires and it must describe the measures taken to alleviate the conditions that led to adoption of the moratorium. The report will explain what staff reviewed during the 35-day period, what code amendments or policy options are being considered, what facts or data continue to support concern, and, if additional time is need to complete the City’s analysis, why additional time is needed as an extension of the urgency ordinance prior to adopting permanent regulatory changes. The report will be presented at the June 23, 2026, City Council meeting as part of a public hearing on the moratorium.
The interim urgency ordinance is in effect for 45 days and will end on Friday July 10, 2026, unless extended or discontinued by action of the City Council. Should the City desire to extend the interim urgency ordinance it may do so at a noticed public hearing prior to the 45-day expiration where the required report would be provided. Upon a 4/5 vote of the City Council for approval the interim urgency ordinance could be extended to 10 months and 15 days. Prior to the end of the 10-month 15-day extension, the City Council could extend the interim urgency ordinance at a second noticed public hearing for a total length of 2 years.
The attached Amended Interim Urgency Ordinance 26-834 would amend the adopted urgency ordinance, effective May 26, 2026, to allow those projects and/or applications that were submitted prior to the effective date of Interim Urgency Ordinance 26-834 to be able to proceed forward, and if appropriate under the Municipal Code, be approved during the moratorium. Applications that were not submitted prior to the ordinance’s effective date would remain subject to the moratorium.
The Amended Interim Urgency Ordinance 26-834 clearly identifies the immediate threat posed by additional approvals under the current rules and articulates the harm posed by holding projects or applications submitted prior to the effective date of the ordinance in abeyance which include:
• Adverse economic impact on affected businesses.
• Delay in permitting of affected businesses who have invested in good faith in the City and its Municipal Code as was in effect upon their application submission. • Reduced tax revenues to the City during a time of declared fiscal distress.
Should the City Council consider relaxing the moratorium such that it does not apply to pending applications submitted prior to May 26, 2026, it can bring forward a Motion for Reconsideration of the motion to adopt Interim Urgency Ordinance 26-833. Assuming the Motion for CB 4
Reconsideration is passed by the City Council, the Council can reconsider the adoption of the moratorium and potentially amend the moratorium to allow for the processing of the pending applications.
It should be noted that there are four facilities that have cannabis permit projects for cultivation, manufacturing, distribution and delivery, for which an application was submitted prior to the effective date of the ordinance that would be affected by this amendment. They include three ownership change applications for existing businesses at one physical address and two separate applications at two new locations.
Provided that the City Council seeks to adopt the Amended Interim Urgency Ordinance, a motion to adopt would require all four votes of the City Council as it requires a 4/5 vote to pass.
FISCAL IMPACT:
Adoption of the Amended Interim Urgency Ordinance would likely increase Cannabis Permit revenue and Cannabis Tax revenue during the moratorium as compared to the unamended ordinance. The extent of the reductions is unknown but would be limited to the lost opportunity of new cannabis businesses and the expansion of existing cannabis businesses.
RECOMMENDATION:
It is recommended that the City Council 1) Consider a Motion to Reconsider the action adopting Interim Urgency Ordinance 26-833 and, if the motion is successful; 2) Consider adopting the Amended Interim Urgency Ordinance 26-834.
ATTACHMENTS:
1. Interim Urgency Ordinance 26-833 – Cannabis Business Moratorium
2. Amended Interim Urgency Ordinance 26-834 (redline)
3. Amended Interim Urgency Ordinance 26-834 (clean)
ORDINANCE 26-
AN INTERIM URGENCY ORDINANCE OF THE CALIFORNIA CITY
CITY COUNCIL ADOPTED PURSUANT TO GOVERNMENT CODE
§ 65858 IMPOSING A TEMPORARY MORATORIUM ON THE
APPROVAL OF NEW CANNABIS BUSINESSES, THE EXPANSION
OF EXISTING CANNABIS BUSINESSES, AND CERTAIN NEW
CANNABIS ENTITLEMENTS, AND MAKING FINDINGS OF
URGENCY
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. URGENCY FINDINGS. The California City City Council finds and declares:
A. Government Code § 65858 authorizes an interim urgency ordinance to prohibit uses that may conflict with a zoning proposal the City is studying or intends to study.
B. The City of California City (“CCMC”) regulates cannabis businesses under California City Municipal Code (“CCMC”) Titles 5 and 9. Cannabis businesses require a permit and must comply with zoning and locational standards.
C. The City has approved some cannabis businesses and is processing additional applications that have not yet been approved.
D. The City has identified impacts and regulatory concerns associated with cannabis businesses, under the current regulatory framework, including land use compatibility, clustering, public safety, odor, traffic, enforcement demands, and administrative capacity, including
1. Odor control issues with and without required filtration systems creating impacts beyond the boundaries of cannabis business sites.
2. Zoning allowances that permit cannabis businesses in locations adjacent to developed residential areas.
3. Environmental review and compliance issues related to cannabis specific development activities.
4. Enforcement, compliance monitoring, and tax administration demands on City staff.
5. Public Safety concerns associated with the operation of cannabis businesses and vacant or abandoned cannabis facilities.
6. Limited availability of permanent utility infrastructure for some permissively zoned parcels.
7. Limited administrative capacity to process applications, conduct inspections, monitor compliance, enforce permit conditions, and administer cannabis-related taxes under the current municipal code.
E. The City is studying amendments to its zoning and related regulations for cannabis businesses, including permitted locations, spacing, buffering, operations, enforcement, and potential limits on cannabis businesses. The continued approval of new cannabis permits and related entitlements under the current regulatory framework could conflict with, undermine, or frustrate the City's consideration and implementation of those contemplated amendments.
F. Applications submitted before the effective date of this Ordinance present different considerations than applications submitted thereafter and may continue to be processed and acted upon in accordance with this Ordinance.
G. Approving additional cannabis businesses under the current regulatory framework while the City completes this study could create land use patterns and impacts that conflict with future regulations and City planning objectives.
H. A current and immediate threat to the public health, safety, and welfare exists.
The City is actively evaluating whether its existing cannabis regulations adequately address land use compatibility, public safety, infrastructure, enforcement, and administrative concerns. During that review, the approval of new cannabis business permits, land use entitlements, building permits, or other approvals under the current regulatory framework could undermine the City's ability to implement contemplated regulatory changes and could result in additional cannabis operations being established under standards the City is considering revising.
I. This interim urgency ordinance (“Ordinance”) preserves the City's ability to evaluate and implement potential regulatory amendments while the City completes its study.
J. The City adopts this Ordinance under its police power to protect the public health, safety, and welfare.
SECTION 2. INTERIM MORATORIUM. The purpose of this Ordinance is to temporarily prohibit certain cannabis approvals while the City studies and considers amendments to its cannabis regulations. This Ordinance is intended to preserve the City's ability to evaluate and implement those amendments during the study period.
A. Notwithstanding anything in the CCMC to the contrary, except as provided in subsection C, no City official or body may approve or issue any permit, entitlement, building permit, or other approval that would authorize:
1. A new cannabis business;
2. The expansion, enlargement, intensification, relocation, or material modification of an existing cannabis business; or
3. Construction or improvements required to establish or expand a cannabis business.
B. This prohibition applies to all approvals, including cannabis business permits, conditional use permits, administrative approvals, variances, design review, building permits, and certificates of occupancy.
C. Notwithstanding anything in this Ordinance to the contrary, cannabis permit applications submitted to the City on or before the effective date of this Ordinance may continue to be processed and may be approved, conditionally approved, or denied in accordance with the CCMC and other applicable law.
D. Cannabis permit applications submitted after the effective date of this Ordinance may be accepted and processed but no final action will be taken on those applications while this Ordinance remains in effect.
E. To the extent permitted by law, local processing deadlines applicable to cannabis permit applications subject to this Ordinance are tolled during the moratorium period.
F. Applicants may request to suspend, hold, or withdraw an application without prejudice during the moratorium period.
G. “Cannabis business” has the meaning in Title 5, Chapter 6 of the CCMC.
H. This Ordinance is temporary and allows time for study and potential zoning and regulatory changes.
SECTION 3. EXISTING APPROVALS. This ordinance does not affect valid approvals issued before adoption. Existing cannabis businesses may continue to operate but may not expand or modify. Nothing in this ordinance authorizes any cannabis business not otherwise permitted by the CCMC.
SECTION 4. EXCEPTIONS. This ordinance does not apply to personal cannabis cultivation permitted by applicable law.
SECTION 5. STUDY AND REPORT. Staff will study potential regulatory amendments.
At least 10 days before expiration, staff will prepare and submit to the City Council a written report describing the measures taken to address the conditions that led to this ordinance, consistent with Government Code § 65858.
SECTION 6. ENVIRONMENTAL REVIEW. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines §§ 15060(c)(2) and 15061(b)(3), because it is not a “project” as defined by CEQA and, in any event, it can be seen with certainty that the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. This Ordinance temporarily prohibits approvals for certain land uses while the City studies potential amendments to its zoning and regulatory framework. It does not authorize development, construction, or any physical change to the environment. Rather, it temporarily limits certain approvals pending further study. To the extent CEQA applies, the City Council further finds that this Ordinance is exempt under the common sense exemption set forth in CEQA Guidelines § 15061(b)(3), because there is no possibility that the ordinance may have a significant effect on the environment. This Ordinance restricts, rather than enables, development activity. The City Council also finds that this Ordinance is categorically exempt under CEQA Guidelines § 15308 (Actions by Regulatory Agencies for Protection of the Environment), because it is a regulatory action taken by the City to assure the maintenance and protection of the environment while the City evaluates appropriate land use controls.
SECTION 7. SEVERABILITY. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. ADOPTION, EFFECTIVE DATE, AND TERM. This Ordinance is adopted as an urgency measure pursuant to Government Code § 65858 for the immediate protection of the public health, safety, and welfare and will take effect immediately upon adoption by at least a four-fifths (4/5) vote of the City Council. This Ordinance will remain in effect for 45 days from the date of adoption unless earlier repealed or extended in the manner provided by Government Code § 65858.
SECTION 9. PUBLICATION. The City Clerk will certify and publish this Ordinance as required by law.
PASSED AND ADOPTED by four-fifths vote the City Council of the City of California City on the 3rd day of June, 2026.
______________________________________
Marquette Hawkins, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney John Paul Maier, MBA, MMC Deputy City Manager / City Clerk
STATE OF CALIFORNIA)
COUNTY OF KERN)
CITY OF CALIFORNIA CITY)
I, John Paul Maier, Deputy City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 26-__, was adopted on an urgency basis at a regular meeting of the City Council of the City of California City held on the 3rd day of June 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
John Paul Maier, MBA, MMC
Deputy City Manager / City Clerk
ORDINANCE 26-834
AN INTERIM URGENCY ORDINANCE OF THE CALIFORNIA CITY
COUNCIL ADOPTED PURSUANT TO GOVERNMENT CODE §
65858 IMPOSING A TEMPORARY MORATORIUM ON THE
APPROVAL OF NEW CANNABIS BUSINESSES, THE EXPANSION
OF EXISTING CANNABIS BUSINESSES, AND CERTAIN NEW
CANNABIS ENTITLEMENTS, AND MAKING FINDINGS OF
URGENCY
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. URGENCY FINDINGS. The California City Council finds and declares:
A. Government Code § 65858 authorizes an interim urgency ordinance to prohibit uses that may conflict with a zoning proposal the City is studying or intends to study.
B. The City of California City (“CCMC”) regulates cannabis businesses under California City Municipal Code (“CCMC”) Titles 5 and 9. Cannabis businesses require a permit and must comply with zoning and locational standards.
C. The City has approved some cannabis businesses and is processing additional applications that have not yet been approved.
D. The City has identified impacts and regulatory concerns associated with cannabis businesses, under the current regulatory framework, including land use compatibility, clustering, public safety, odor, traffic, enforcement demands, and administrative capacity, including
1. Odor control issues with and without required filtration systems creating impacts beyond the boundaries of cannabis business sites.
2. Zoning allowances that permit cannabis businesses in locations adjacent to developed residential areas.
3. Environmental review and compliance issues related to cannabis specific development activities.
4. Enforcement, compliance monitoring, and tax administration demands on City staff.
5. Public Safety concerns associated with the operation of cannabis businesses and vacant or abandoned cannabis facilities.
6. Limited availability of permanent utility infrastructure for some permissively zoned parcels.
7. Limited administrative capacity to process applications, conduct inspections, monitor compliance, enforce permit conditions, and administer cannabis-related taxes under the current municipal code.
E. The City is studying amendments to its zoning and related regulations for cannabis businesses, including permitted locations, spacing, buffering, operations, enforcement, and potential limits on cannabis businesses. The continued approval of new cannabis permits and related entitlements under the current regulatory framework could conflict with, undermine, or frustrate the City's consideration and implementation of those contemplated amendments.
F. Applications submitted before the effective date of this Ordinance present different considerations than applications submitted thereafter and may continue to be processed and acted upon in accordance with this Ordinance.
G. Approving additional cannabis businesses under the current regulatory framework while the City completes this study could create land use patterns and impacts that conflict with future regulations and City planning objectives.
H. A current and immediate threat to the public health, safety, and welfare exists.
The City is actively evaluating whether its existing cannabis regulations adequately address land use compatibility, public safety, infrastructure, enforcement, and administrative concerns. During that review, the approval of new cannabis business permits, land use entitlements, building permits, or other approvals under the current regulatory framework could undermine the City's ability to implement contemplated regulatory changes and could result in additional cannabis operations being established under standards the City is considering revising.
I. This interim urgency ordinance (“Ordinance”) preserves the City's ability to evaluate and implement potential regulatory amendments while the City completes its study.
J. The City adopts this Ordinance under its police power to protect the public health, safety, and welfare.
SECTION 2. INTERIM MORATORIUM. The purpose of this Ordinance is to temporarily prohibit certain cannabis approvals while the City studies and considers amendments to its cannabis regulations. This Ordinance is intended to preserve the City's ability to evaluate and implement those amendments during the study period.
A. Notwithstanding anything in the CCMC to the contrary, except as provided in subsection C, no City official or body may approve or issue any permit, entitlement, building permit, or other approval that would authorize:
1. A new cannabis business;
2. The expansion, enlargement, intensification, relocation, or material modification of an existing cannabis business; or
3. Construction or improvements required to establish or expand a cannabis business.
B. This prohibition applies to all approvals, including cannabis business permits, conditional use permits, administrative approvals, variances, design review, building permits, and certificates of occupancy.
C. Notwithstanding anything in this Ordinance to the contrary, cannabis permit applications submitted to the City on or before the effective date of this Ordinance may continue to be processed and may be approved, conditionally approved, or denied in accordance with the CCMC and other applicable law.
D. Cannabis permit applications submitted after the effective date of this Ordinance may be accepted and processed but no final action will be taken on those applications while this Ordinance remains in effect.
E. To the extent permitted by law, local processing deadlines applicable to cannabis permit applications subject to this Ordinance are tolled during the moratorium period.
F. Applicants may request to suspend, hold, or withdraw an application without prejudice during the moratorium period.
G. “Cannabis business” has the meaning in Title 5, Chapter 6 of the CCMC.
H. This Ordinance is temporary and allows time for study and potential zoning and regulatory changes.
SECTION 3. EXISTING APPROVALS. This ordinance does not affect valid approvals issued before adoption. Existing cannabis businesses may continue to operate but may not expand or modify. Nothing in this ordinance authorizes any cannabis business not otherwise permitted by the CCMC.
SECTION 4. EXCEPTIONS. This ordinance does not apply to personal cannabis cultivation permitted by applicable law.
SECTION 5. STUDY AND REPORT. Staff will study potential regulatory amendments.
At least 10 days before expiration, staff will prepare and submit to the City Council a written report describing the measures taken to address the conditions that led to this ordinance, consistent with Government Code § 65858.
SECTION 6. ENVIRONMENTAL REVIEW. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines §§ 15060(c)(2) and 15061(b)(3), because it is not a “project” as defined by CEQA and, in any event, it can be seen with certainty that the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. This Ordinance temporarily prohibits approvals for certain land uses while the City studies potential amendments to its zoning and regulatory framework. It does not authorize development, construction, or any physical change to the environment. Rather, it temporarily limits certain approvals pending further study. To the extent CEQA applies, the City Council further finds that this Ordinance is exempt under the common sense exemption set forth in CEQA Guidelines § 15061(b)(3), because there is no possibility that the ordinance may have a significant effect on the environment. This Ordinance restricts, rather than enables, development activity. The City Council also finds that this Ordinance is categorically exempt under CEQA Guidelines § 15308 (Actions by Regulatory Agencies for Protection of the Environment), because it is a regulatory action taken by the City to assure the maintenance and protection of the environment while the City evaluates appropriate land use controls.
SECTION 7. SEVERABILITY. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. ADOPTION, EFFECTIVE DATE, AND TERM. This Ordinance is adopted as an urgency measure pursuant to Government Code § 65858 for the immediate protection of the public health, safety, and welfare and will take effect immediately upon adoption by at least a four-fifths (4/5) vote of the City Council. This Ordinance will remain in effect for 45 days from the date of adoption unless earlier repealed or extended in the manner provided by Government Code § 65858.
SECTION 9. PUBLICATION. The City Clerk will certify and publish this Ordinance as required by law.
PASSED AND ADOPTED by four-fifths vote the City Council of the City of California City on the 3rd day of June, 2026.
______________________________________
Marquette Hawkins, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney John Paul Maier, MBA, MMC Deputy City Manager / City Clerk
STATE OF CALIFORNIA)
COUNTY OF KERN)
CITY OF CALIFORNIA CITY)
I, John Paul Maier, Deputy City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 26-__, was adopted on an urgency basis at a regular meeting of the City Council of the City of California City held on the 3rd day of June 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
John Paul Maier, MBA, MMC
Deputy City Manager / City Clerk
NB 1
COUNCIL AGENDA ITEM
June 9, 2026
TO: Honorable Mayor and City Council
FROM: Sean Grayson, City Manager
SUBJECT: Consideration of Options to Repair, Maintain, and Reoccupy the City Owned Bob Parker Scout Lodge
BACKGROUND/ DISCUSSION:
At the May 12, 2026, City Council meeting, during AB1234 reports, there was a request to agendize options for the Scout Lodge to be occupied and cleaned up by an alternate occupant.
On April 25, 2017, the City entered into a Memorandum of Understanding (MOU) with Scouts of California City made up of Boy Scouts of America Troop 413 and Girl Scouts of America Troops 432 and 7572. The MOU is attached to the staff report.
While the lodge was previously used by the troops and others, it has been unoccupied for more than a year. The troops did not provide and the City did not approve annual schedules for the use of the facility as required of the troops in the MOU. During the time the lodge has been unoccupied it has had significant damage caused by vandalism, and the electrical service has been removed.
The insurance required under the MOU has not been updated and the City is unable to make claim for the damage incurred.
According to the Boy Scouts of America (beascout.scouting.org/list/ ) the Boy Scout Troop 413 no longer exists although a Cub Scouts Troop continues to be registered on the site under Troop 413. According to the Girl Scouts (https://mygs.girlscouts.org/search;type=TROOP) neither Troop 432 nor Troop 7572 continue to exist although a new Troop 2414 has been created in California City under the Boys & Girls Club of Antelope Valley sponsorship.
The facility is intended to be used for youth programming with scouts. Under current circumstances the lodge is not being used and is being damaged.
The contacts for Mojave Scout Lodge Troop 0888 troop, through Contacts Jennifer and Sal Delgado, have contacted the City with a proposal for their Troop to take over as the prime occupant of the lodge with a new agreement. Their proposal includes cleaning up, repairing and relocating the troop to the lodge. They also propose to install a security system at the lodge. The troop is primarily California City residents with no current Scouts BSA troop in California City.
Should the City Council wish to accept the offer of Troop 0888 the 2017 MOU would need to be formally vacated and a new agreement created. In the spirit of the 2017 MOU it is recommended that, as the prime occupant, that Troop 0888 would be responsible for coordinating use of the NB 1
facility by other Scout troops in California City when not in uses as part of Troop 0888 regular schedule.
Staff seek direction from the City Council on the best option for the community with regard to the lodge.
RECOMMENDATION:
It is recommended that the City Council provide direction on the repair, maintenance, and reoccupancy of the Scout Lodge in Central Park.
ATTACHMENTS:
MOU Between City of California City and Scouts of California City