Agenda — Taft City Council, February 3, 2026

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, FEBRUARY 03, 2026

CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
_____________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read into the record.
_____________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.

Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Bryant
Councilmember Krier
Councilmember Waldrop
Councilmember Chavira

1. PROCLAMATION – SAFE SURRENDER BABY MONTH IN KERN COUNTY

2. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

3. COUNCIL STATEMENTS (NON-ACTION)

4. DEPARTMENT REPORTS

5. CITY MANAGER STATEMENTS

6. CITY ATTORNEY STATEMENTS

7. FUTURE AGENDA REQUESTS
***************************************************************************************************** CONSENT CALENDAR ITEMS 8-12
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on? City of Taft Council/Successor Agency Meeting
Agenda
February 03, 2026

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8. MINUTES
January 20, 2026 Regular
Recommendation – Approve as submitted.

9. PAYMENT OF BILLS
Warrant # 012326 Check No. 201480-201495 $ 125,307.13
Warrant # 020226 Check No. 201496 $ 482,896.00
Recommendation – Approve payment of the bills.

10. UPDATED AGREEMENT WITH VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS FOR VIDEO AND

LIVESTREAMING SERVICES
Recommendation –
Motion to approve updated agreement with Vincent Griffith, DBA Native Productions and authorize Mayor to execute said agreement.

11. APPROVING A RESOLUTION FOR THE AUTHORIZATION BANK CARD SERVICES Recommendation –
Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING BANK CARD SERVICES.

12. REPLACEMENT OF LEASE AGREEMENT FOR COMMUNICATIONS GROUND LEASE AGREEMENT

WITH CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR A TELECOMMUNICATIONS SITE FOR

THEIR MIDDLE-MILE BROADBAND NETWORK AND TERMINATION OF PAST AGREEMENT Recommendation –

1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING AND APPROVING A COMMUNICATIONS GROUND LEASE FOR PORTIONS OF APN’S 220-290-10 AND 220-042-05 TO THE CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR THE PURPOSE OF CONSTRUCTING A FENCED FIBER HUT SHELTER to replace resolution No. 4321-25.

2. Motion to approve the proposed communications ground lease agreement with the California Department of Technology to replace the previously approved lease agreement passed on October 21st, 2025, and find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures).
******************************************************************************************************

13. ECONOMIC DEVELOPMENT SERVICES -HDL ECON SOLUTIONS
Recommendation –
Motion to authorize the Mayor to execute the professional services agreement with HDL Econ Solutions for tasks one and two for amount not to exceed $45,000 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

City of Taft Council/Successor Agency Meeting
Agenda
February 03, 2026

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ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

AFFIDAVIT OF POSTING
I, Faith Melton, declare as follows:

That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on January 29th, 2026, at ________ a.m./p.m., pursuant to 1987 Brown Act Requirements.

I declare under penalty of perjury that the foregoing is true and correct.

Executed January 29th, 2026, at Taft, California.

Signature ___________ _________

PROCLAMATION

DECLARING
FEBRUARY 2026

SAFE SURRENDER BABY AWARENESS MONTH

IN KERN COUNTY
WHEREAS, The Safely Surrendered Baby Law responds to the increasing number of newborn infant deaths due to abandonment in unsafe locations. First created in January 2001, the law’s intent is to save the lives of newborn infants at risk of abandonment by encouraging parents or people with lawful custody to safely surrender the infant within 72 hours of birth, with no questions asked. Since 2006, Kern County has had 105 babies safely surrendered; and
WHEREAS, In Kern County, a newborn baby can be safely surrendered into the hands of any hospital emergency room or Fire Station staff. The Safely Surrendered Baby Coalition, under the coordination of the Department of Human Services, works to educate Kern County residents about this important law; and WHEREAS, Our February Awareness Campaign will include, a Live Press Conference February 18, 2026 at Adventist Health Specialty located at 3001 Sillect Ave, Bakersfield CA 93308 beginning at 10:00am, over 15 presentations at collaborative agencies throughout Kern County and Public Services Announcements on social media, all in an effort to alert the community about the Safely Surrendered Baby Law as a much better option than abandoning a baby.

NOW THEREFORE, the City Council of the City of Taft does hereby proclaim February 2026 as Safely Surrendered Baby Awareness Month.

Dated this3rd day of February 2026.
_________________________
Dave Noerr, Mayor
________________________________ __________________________________ Josh Bryant, Mayor Pro Tem Orchel Krier, Council Member __________________________________ _____________________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
JANUARY 20, 2026
The January 20, 2026 regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Dave Noerr and invocation was given by Greg Mudge.

PRESENT: Mayor Dave Noerr
Council Members Orchel Krier and Ron Waldrop
City Manager Craig Jones and City Attorney Jason Epperson Deputy City Clerk Faith Melton
ABSENT: Mayor Pro Tem Josh Bryant
Council Member Carlos Chavira

1. PROCLAMATION – CITY CLERK YVETTE MAYFIELD

2. APPOINTMENT AND SWEARING IN OF NEW CITY CLERK
Motion: Moved by Krier, seconded by Waldrop to appoint Deputy City Clerk Faith Melton as City Clerk, effective January 20, 2026 to ensure continuity of operations and compliance with State and local requirements. Upon appointment, the City Clerk will be sworn in and assume the duties of the office.
 City Clerk Yvette Mayfield swore in Deputy City Clerk Faith Melton as City Clerk.

AYES: Krier, Waldrop, Noerr
PASSED: 3-0

3. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT 2025-16 AMENDING TITLE 6 OF

THE TAFT MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAMS OF THE 6TH CYCLE HOUSING ELEMENT UPDATE (2023-2031)
The Public hearing was opened at 6:19 PM. Seeing there were no comments, the hearing was closed.

Motion: Moved by Krier, seconded by Waldrop to adopt an Ordinance entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT 2025-16 (AMENDING TITLE 6 OF THE

TAFT MUNICIPAL CODE) TO IMPLEMENT HOUSING ELEMENT
PROGRAMS OF THE 6TH CYCLE HOUSING ELEMENT UPDATE (2023- 2031) (Ordinance No. 856-26) waive full reading and find that the project is exempt from the requirements of the California Environmental Quality Act City of Taft Council/Successor Agency Meeting
Minutes
January 20, 2026

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(CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines in that the proposed Amendment will have no significant effect on the environment.

AYES: Krier, Waldrop, Noerr
PASSED: 3-0

4. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

5. COUNCIL STATEMENTS (NON-ACTION)
Council Member Krier wished everyone a Merry Christmas and Happy New Year, spoke about his accident, and reminded everyone that oaths are important.

Council Member Waldrop wished all a Prosperous New Year, warned about the recent rain and fog, and urged the community to cut your weeds to avoid fire hazards.

Mayor Noerr spoke about some facts concerning the California state budget, the highspeed rail and California tax.

6. DEPARTMENT REPORTS
Police Lieutenant, Brian McClure gave the Taft Police Department statistics for the month of December.

7. CITY MANAGER STATEMENTS
There was none.

8. CITY ATTORNEY STATEMENTS
City Attorney Jason Epperson thanked Yvette for all her service and stated he is excited to work with Faith.

9. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 10, 11, 12, 14
City of Taft Council/Successor Agency Meeting
Minutes
January 20, 2026

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 Council Member Krier pulled item 13
Motion: Moved by Waldrop, seconded by Krier to approve consent calendar items 10, 11, 12, 14.

AYES: Krier, Waldrop, Noerr
PASSED: 3-0

10. MINUTES
December 16, 2025 Regular
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 121925 Check No. 201274-201360 $ 446,695.67
Warrant # 122625 Check No. 201361-201366 $ 78,200.16
Warrant # 010226 Check No. 201367-201401 $ 108,387.04
Warrant # 010926 Check No. 201402-201406 $ 5,847.28
Warrant # 011626 Check No. 201407-201479 $ 489,189.25
Recommendation – Approve payment of the bills.

12. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 – NOVEMBER 2025 Recommendation –
Receive and file the monthly report for November 2025 from Kern County Fire Station No. 21 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

14. PURCHASE OF REPLACEMENT POLICE PATROL VEHICLE DUE TO AGING FLEET Recommendation –
Motion to approve the purchase one (1) Chevrolet Tahoe Police Vehicle for the Police Department and authorize the City Manager or Designee to execute all documents and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines. *********************************************************************************************

13. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF JULY 2025 TO SEPTEMBER 2025
Krier asked why the timeline of the tax was July through September of 2025, Noerr concurred that receiving the money takes a while as it must go through vendors and requirements.

City of Taft Council/Successor Agency Meeting
Minutes
January 20, 2026

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Motion: Moved by Krier, seconded by Waldrop to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of July 2025 through September 2025.

AYES: Krier, Waldrop, Noerr
PASSED: 3-0

15. PROFESSIONAL SERVICE AGREEMENT WITH NBS TO CONDUCT A SEWER AND SOLID

WASTE RATE STUDY
Motion: Moved by Krier seconded by Waldrop to authorize the Mayor to execute the professional services agreement with NBS Government Finance Group and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

Krier, Waldrop and Noerr all concurred that this study is a good thing to keep up with service to the citizens.

AYES: Krier, Waldrop, Noerr
PASSED: 3-0
********************************************************************************************* At 6:43 PM the regular meeting was recessed to closed session.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – One (1) undisclosed case B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section 54956.8 – (1) undisclosed parcel C. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
 The City Council met in closed session to discuss the items agendized for closed session discussion and direction was given to staff and negotiators. The City Council took no other reportable action.

ADJOURNMENT - With no further business to conduct, the meeting was adjourned at 7:39 PM. __________ ____________
Faith Melton Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: FEBRUARY 03, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

UPDATED AGREEMENT WITH VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS FOR

VIDEO AND LIVESTREAMING SERVICES
SUMMARY STATEMENT:

The City entered in to agreement with Vincent Griffith, DBA Native Productions in July 2011 for the purposes of videoing, editing and airing City Council Meetings on the local television station.

In 2020 Vincent started videoing and live streaming City Council Meetings and Planning Commission Meetings. The last fee increase was April, 2022. Due to rising inflation the prices are being raised by 10%. To address the fee increase and bring the agreement up to date to more accurately reflect the services as provided today, attached is an updated agreement for consideration by Council.

Per the prior agreement, in April of 2022, the City paid four hundred and fifty dollars ($450) per meeting with one hundred and fifty dollars ($150) per meeting for livestreaming equipment. With the 10% increase the new amounts will be four hundred and ninety-five ($495) per meeting and one hundred and sixty-five ($165) for livestreaming equipment.

RECOMMENDATION:

Motion to approve updated agreement with Vincent Griffith, DBA Native Productions and authorize Mayor to execute said agreement.

IMPACT ON BUDGET (Y/N): Increase of costs for FY 25/26 by $60 per meeting ATTACHMENT (Y/N): Yes, Agreement
PREPARED BY: City Clerk
1 February 03, 2026

AGREEMENT BETWEEN THE CITY OF TAFT AND VINCENT

GRIFFITH, DBA NATIVE PRODUCTIONS FOR FILMING,

LIVESTREAMING AND EDITING OF CITY COUNCIL AND PLANNING

COMMISSION MEETINGS
THIS AGREEMENT is made and entered into this 3rd day of February, 2026 by and between the CITY OF TAFT, a municipal corporation, hereinafter referred to as “City”; and VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS, hereinafter referred to as “Contractor.”

WITNESSETH
WHEREAS, the City desires to have its meetings recorded and live-streamed to the public and subsequently aired on the locally available cable public access channel within the jurisdiction of the City at designated times following these meetings; and WHEREAS, the Contractor is a film and video production professional who is qualified to provide such services.

NOW, THEREFORE, the parties do mutually agree as follows:

1. Engagement of Contractor. The City agrees to engage Contractor, and Contractor hereby agrees to provide the services hereinafter set forth involving filming, livestreaming and editing City Council and Planning Commission meetings.

2. Contracts and Responsibility. The City Manager shall represent the City for the purpose of administering this Agreement. The Contractor shall provide services to the City as set forth in section 3 of this Agreement.

3. Scope of Services. The scope of services provided by Contractor under this Agreement is set forth below:

A. The Contractor shall attend each regular meeting of the City Council and Planning Commission for the purpose of videoing and live-streaming the meetings. The Contractor shall be responsible to edit each meeting video.

B. The Contractor shall, at his sole expense, take all necessary actions and provide all equipment to accomplish his services under this Agreement.

C. The Contractor agrees that Contractor shall not disturb or interfere with the formal activities during Council or Commission meetings.

D. Within five (5) days after the date of each meeting, the Contractor shall provide a downloadable digital record of the meeting at no additional cost to the City for retention by the City.

E. All copyrights to Council and Commission meeting video recordings shall belong to the City.
2 February 03, 2026
F. The Contractor shall provide for airing of meetings on the locally available public access channel at designated times following the regular meetings.

G. Meeting coverage shall be from the call to order gavel to the adjournment gavel and shall not be subject to editorial comment. Idle time, should the meeting be adjourned to a Study Session or to a closed session may be edited from the recording.

H. The Contractor shall not assign this Agreement without the prior written consent of the City.

I. The City, at its discretion, may request that the Contractor video and livestream Special meetings.

4. Term. The duties and obligations of the parties hereto shall commence on February 03, 2026, and continue until terminated by either party as outlined in section 12. In the event this Agreement is terminated, the Contractor shall be entitled to compensation for all services provided prior to such termination.

5. Fee Arrangement. The City agrees to pay Contractor as follows:

A. The City shall pay Contractor the amount of Four Hundred and NinetyFive Dollars ($495) per meeting (three-hour limit) for filming, editing and airing on the locally available cable public access channel and One Hundred and Sixty-Five Dollars ($165) per meeting for live streaming equipment. The Contractor shall submit an itemized invoice monthly to the City for services rendered the prior month at the request of the City.

B. For any matters exceeding three hours, Contractor shall invoice the City at the rate of Fifty Dollars ($50.00) per one-half hour for such excess hours.

C. The City may at times have special projects to engage the Contractor to perform. In these cases, negotiations for project fees will be negotiated on a per project basis.

D. City shall pay Contractor for services rendered under this Agreement within 30 days after receipt of Contractor’s itemized invoice. City shall not be obligated to pay Contractor for services provided for any meeting that is not aired pursuant to section 3F, unless airing is precluded due to no fault of Contractor.

6. Independent Contractor. Nothing in this Agreement shall be construed or interpreted to make Contractor anything but an independent contractor and in all of his activities and operations pursuant to this Agreement, it is understood and 3 February 03, 2026
agreed by the parties hereto that Contractor is not and shall not be considered as or represent itself as an agent of the City.

7. Indemnity. Contractor shall indemnify, defend and hold the City and City’s agents, employees, representatives, officers, directors, managers, successors and assigns harmless from and against any and all actual losses, claims, liabilities, damages, costs and expenses, including, but not limited to, reasonable out of pocket attorneys’ fees and court costs arising out of or resulting from the acts or omissions of Contractor or its employees, agents, consultants, contractors or subcontractors arising out of the performance of the scope of services described herein, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor’s obligations under this section 7 shall survive the termination of this Agreement regardless of which party hereto terminates the Agreement or if said termination is mutual.

8. Attorney’s Fees. If any party to this Agreement commences legal proceedings to enforce any of its terms or for damages for its breach, the prevailing party shall be entitled to recover attorney’s fees, including those incurred on appeal, of any.

9. Governing Law. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect.

10. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

11. Entire Agreement. This Agreement represents the entire agreement between the parties and no other agreement, or promise relating to the subject matter of this Agreement which is not contained herein, shall be valid or binding.

12. Termination. This Agreement may be terminated at any time by either party by giving 30 days written notice to the other party at the address listed below:

City: City of Taft
City Manager
209 East Kern Street
Taft, CA 93268
Contractor: Vincent Griffith
Native Productions
504 Ranier Avenue
Taft, CA 93268
4 February 03, 2026
IN WITNESS WHEREOF, the City and the Contractor have executed this agreement as of the date first written above.

CONTRACTOR: CITY:
____________________________ _____________________________ Vincent Lyle Griffith Dave Noerr
Native Productions Mayor
ATTEST:
_____________________________
Faith Melton
City Clerk
APPROVED AS TO FORM:
_____________________________
Jason Epperson
City Attorney
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPROVING A RESOLUTION FOR THE AUTHORIZATION BANK CARD SERVICES SUMMARY STATEMENT:

On November 18, 2025, City Council adopted Resolution No. 4322-25 authorizing (32) credit cards to be issued. Since then, changes in staffing has occurred in positions and positions responsibly, requiring that this resolution be updated to reflect these changes and the number of authorized cards will decrease to (31). In adopting the proposed resolution, it will repeal Resolution 4322-25.

Council Member Dave Noerr has requested not to have cards issued in his name.

RECOMMENDED ACTION:

Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING BANK CARD SERVICES.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Resolution and Exhibit “A”
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING BANK CARD SERVICES.

WHEREAS, the City desires to obtain twenty-one (21) bank cards from BANK OF AMERICA (hereinafter called "BANK") for use by certain City's officers and employees; and WHEREAS, the City intends to authorize said officers and employees to use these twenty-one (21) bank cards for and in connection with City business; and
WHEREAS, the City desires to obtain ten (10) additional bank cards from BANK OF AMERICA (hereinafter called "BANK") for use by Elected Officials and City Employees in which a card is issued in their name; and
WHEREAS, the City intends to authorize said officers and employees to use these ten (10) such bank cards for training and travel expenditures only in connection with City business; and WHEREAS, BANK will not issue said bank cards unless the City agrees to assume full responsibility for the use of such cards, or any of them, and to pay BANK for all indebtedness incurred through the use of such cards, whether such use or indebtedness was authorized by the City.

NOW, THEREFORE, BE IT RESOLVED that Resolution Number 4322-25 dated November 18, 2025, is hereby repealed and replaced by this resolution.

BE IT FURTHER RESOLVED that the Finance Director of this City is hereby authorized, directed and empowered, in the name of this City to apply to BANK for the issuance of thirty-one (31) cards, and to execute such applications and agreements as BANK may require in order to accomplish the foregoing.

BE IT FURTHER RESOLVED, that the BANK is authorized to act upon this resolution until written notice of its revocation is delivered to BANK and that authority hereby granted shall apply with equal force and effect to the successors in office of the officers named herein. (Exhibit A) PASSED, APPROVED AND ADOPTED on this 3rd day of February, 2026. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Faith Melton
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Faith Melton, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 3rd day of February, 2026, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:
______________________________
Faith Melton
Deputy City Clerk
Resolution __________

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EXHIBIT "A"
The following (21) twenty-one credit cards shown below are cards that will be authorized for and in connection with City business. All cards will be issued in the name of the employee who holds these following positions. All purchases must comply with the City’s Purchase Policy, Travel Policy, Credit Card Policy, and all other policies that may apply:

1. Craig Jones, City Manager $10,000.00

2. Teresa Binkley, Finance Director $10,000.00

3. Curtis Logan, Correctional Facility Manager $10,000.00

4. Kristy Brown, Administrative Operations Coordinator CCF $10,000.00

5. Lonn Boyer, Human Resource Director/Assistant City Manager $10,000.00

6. Faith Melton, City Clerk $ 5,000.00

7. Celia Campos, Assistant Finance Director $ 5,000.00

8. Damon McMinn, Police Chief $ 5,000.00

9. Jeri Coulter-Laird, Administrative Assistant $ 5,000.00

10. Michelle Kincaid, Administrative Assistant $ 5,000.00

11. Kaytynn Cash, Account Clerk I $ 2,500.00

12. Amber Norris, Community Service Officer $ 1,000.00

13. Generic Card (Council Members) $ 5,000.00

14. (8) Senior Correctional Staff (transportation purpose) $ 2,500.00 each

CREDIT CARDS FOR TRAINING AND TRAVEL PURPOSE ONLY
The following (10) ten credit cards shown below are cards that will be authorized for training and travel in connection with City business only. These cards will be kept at City Hall and when needed; the employee may request his/her card. All cards will be issued in the name of the employee/elected official who holds the following positions. All purchases must comply with the City’s Purchase Policy, Travel Policy, Credit Card Policy, and all other policies that may apply:

1. Ben Mangum, City Treasurer $ 2,500.00

2. Cody Smith, Code Enforcement Officer $ 2,500.00

3. Mark Golleher, Building Official $ 2,500.00

4. Peter Aranda, Police Lieutenant $ 5,000.00

5. Brian McClure, Police Lieutenant $ 5,000.00
COUNCILMEMBERS:

6. Carlos Chavira $ 2,500.00

7. Josh Bryant $ 2,500.00

8. Ron Waldrop $ 2,500.00

9. Dave Noerr, (no card issued, per request) $ 2,500.00

10. Orchel Krier $ 2,500.00
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: FEBRUARY 03, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

REPLACEMENT OF LEASE AGREEMENT FOR COMMUNICATIONS GROUND LEASE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR A TELECOMMUNICATIONS SITE FOR THEIR MIDDLEMILE BROADBAND NETWORK AND TERMINATION OF PAST AGREEMENT SUMMARY STATEMENT:

The original communications ground lease agreement with the California Department of Technology and Resolution No. 4321-25 was passed and adopted by the Taft City Council on October 21st. The original lease agreement will be terminated and replaced by the proposed agreement.

The proposed agreement provides updates to outdated language including the main change by California Department of Technology for occupying the premises for at least 5 years before early termination. The updated lease provides for approximately 2,530 square feet of City property near the intersection of Highway 33 and Petroleum Club Road for a fenced telecommunications compound, including a fiber hut, propane generator, and underground propane tank. The agreement also includes a 2,250 square-foot access easement to the site.

The agreement provides the City with $18,000 in annual lease revenue while supporting the Middle-Mile Broadband Initiative’s goal of expanding open-access broadband infrastructure to unserved and underserved communities. California Department of Technology is also including a $2,000 signing bonus. The previously approved agreement and the proposed agreement are attached.

RECOMMENDED ACTION

IMPACT ON BUDGET (Y/N): Yes, $18,000 annual revenue and $2,000 signing bonus ATTACHMENT (Y/N): Yes, previous agreement and updated agreement PREPARED BY: Office of the City Manager
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING<

AUTHORIZING AND APPROVING A COMMUNICATIONS GROUND LEASE FOR PORTIONS OF APN’S 220-290-10 AND 220-042-05 TO THE CALIFORNIA

DEPARTMENT OF TECHNOLOGY FOR THE PURPOSE OF CONSTRUCTING A

FENCED FIBER HUT SHELTER
WHEREAS, the City of Taft currently owns property located at the intersection of Petroleum Club Road and Highway 33 in the County of Kern, State of California, commonly referred to as APN: 220-290-10 and 220-042-05; and
WHEREAS, the California Department of Technology has the powers and authority necessary to implement a statewide open-access middle-mile broadband network for the purpose of development and construction of a statewide open-access middle-mile broadband network; and
WHEREAS, the City of Taft agrees that it is beneficial to both the California Department of Technology and the City to lease 2,530 square feet of land located on the above stated parcels for the purposes of constructing a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank and 2,020 square feet for easement access to the site; and
WHEREAS, there is public benefit in this project as the Middle-Mile Broadband Initiative is the first step to creating an open-access, middle-mile network that will build infrastructure to bring high-speed broadband service to unserved and underserved communities, regardless of technology used, on equal economic and service terms.

NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TAFT:
1) That the City currently owns property located at the intersection of Petroleum Club Road and Highway 33 in the County of Kern, State of California, commonly referred to as APN: 220-290-10 and 220-042-05;
2) The City and the California Department of Technology have agreed to enter into a Communications Ground Lease for the purpose constructing a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank;
3) The City and the California Department of Technology have agreed upon an annual rent payment amount of $18,000 for said property; and
4) The California Department of Technology under said lease has agreed to construct a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank under their Middle-Mile Broadband Initiative .

PASSED, APPROVED AND ADOPTED on this 3rd day of February, 2026. _____________________________________
Dave Noerr, Mayor
ATTEST:
_______________________________________
Faith Melton
City Clerk
Reso No.

February 03, 2026
STATE OF CALIFORNIA }
COUNTY OF KERN }SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 21st day of October 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________________
Faith Melton
City Clerk

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
DRAFT 12/12/251/20/2026
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Lease No.:
4912-2672-0896, v. 24912-2672-0896, v. 2

COMMUNICATIONS GROUND LEASE
PREAMBLE This Lease, dated _______ (the “Effective Date”), is made by and between City of Taft_______ and its successors, hereinafter referred to as Lessor, and the California Department of Technology – Office of Broadband, Middle-Mile Broadband Initiative, hereinafter referred to as “CDT” or “State.” Lessor and State may also be referred to as “Party” or “Parties.”

RECITALS
WHEREAS, pursuant to Government Code section 11549.53, CDT has the powers and authority necessary to implement a statewide open-access middle-mile broadband network (the “MMBN”), including the authority to enter into agreements with entities and to take actions it deems necessary and appropriate for the development, acquisition, construction, maintenance, and operation the MMBN; and pursuant to Government Code section 11549.52, may oversee the acquisition and management of contracts for the development and construction of the MMBN; and WHEREAS, Lessor is a municipality and owns certain real property commonly referred to as APN#:220-290-10, in the County of Kern, State of California; and WHEREAS, CDT desires to lease a portion of property described herein from Lessor; and WHEREAS, it is in the best interests of the State that such a lease be consummated between State and Lessor on the terms and conditions herein contained.

NOW THEREFORE, the Parties agree to the provisions that follow and are incorporated herein as:

Section 1: Site Specific Provisions
Section 2: Telecom Specific Provisions
Section 3: Standard Provisions
Location of Leased Premises
Hut 61
APN: 220-290-10
302 Petroleum Club Road
Taft, CA 93268
Lease File No.: ____
Agency:

California Department of Technology

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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PROPERTY

DESCRIPTION

1. Lessor hereby leases to the State and State hereby hires from Lessor an area of land, approximately two thousand five hundred and thirty (2530) square feet, hereafter referred to as “Premises” for a telecommunications site, situated on a parcel (APN: 220-290-10 as further described on the attached map, designated as “Exhibit A”) in the City of Taft, County of Kern, State of California, as illustrated on the attached map, designated as “Exhibit A” and more particularly described in Exhibit A.

USE 2. Lessor shall allow the State to access and use the Premises on the terms set forth in this Lease for the operation and maintenance of fiber and other telecommunications equipment in connection with the MMBN.

The State may construct on the Premises a fenced compound containing a ‘fiber hut’ structure, generator, propane tank and associated electrical equipment (collectively, the “Hut” or “Secured Premises”), with power and fiber service leading to adjacent public rights of way (collectively with the Hut, the “Secured Premises”).

RENT AND

INVOICING

3. The State shall pay annual rent of eighteen thousand dollars ($18,000.00) per year.

Rent shall be paid by the State from funds duly appropriated and otherwise legally available for the purpose of making payments under this Lease to Lessor on a yearly basis in advance.

Lessor may invoice State for annual rental payments in the amount of eighteen thousand dollars ($18,000.00) due (a) on or after the Initial Term Date (as defined below) commencescommencing with respect to the first annual payment, and (b) on or after each applicable anniversary date of the Initial Term Date for each subsequent annual payment.

State will pay annual rent in accordance with the Prompt Payment Act fortyfive (45) days after State receives a properly submitted, undisputed invoice from Landlord.

Invoices shall be submitted in triplicate or electronically.

Lessor will submit its invoice to State using ONE of the following options referencing the contract number or Agency Order Number:

Send via U.S. Mail in TRIPLICATE to:

California Department of Technology
Administration Division – Accounting Office
P.O. Box 1810
Rancho Cordova, CA 94741
OR

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Send electronically to: [email protected]
Rent shall be paid to Lessor after receipt of an invoice sent by Lessor to the State at the address specified in the “Notices” section below or to such other address designated by the Lessor in writing.

EQUIPMENT 4. Lessor shall allow the State to place, operate, maintain, repair, install, reinstall and remove equipment to be used in connection with the MMBN on the Premises. The cost of such installation, maintenance and removal shall be the responsibility of the State.

PRORATIONS 5. Rent payable hereunder for any period of time less than one year shall be determined by prorating the annual rent herein specified based on a three hundred sixty-five (365) day year and on the actual number of days the State occupies the Premises.

TERM 6. The term of this Lease shall extend for an initial twenty (20) year term (the “Initial Term”), which Initial Term shall commence on the first day that CDT begins construction on the Premises or gives notice to Lessor that construction shall begin, whichever is earlier, (“Initial Term Date”) and shall expire twenty (20) years after the Initial Term Date, on the terms set forth herein, extend for up to two (2) renewal terms of five (5) years each (each, a “Renewal Term”). The Initial Term and any applicable Renewal Term are referred to herein, collectively, as the “Term” of this Lease.

Each of the Renewal Terms shall automatically commence upon the conclusion of the Initial Term or the first Renewal Term, as applicable, upon mutual agreement in writing.

EARLY

TERMINATION

NOTICES

7. After the first five (5) years of the Term, Lessor may terminate this Lease at any time by giving written notice to the other Party at least three hundred and sixty (360) days prior to the date when such termination shall become effective.

8. All notices and correspondence herein provided to be given, or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows:

To Lessor: City of Taft
209 E. Kern St.

Taft, CA 93268
(661) 763-1222
[email protected]
To State: California Department of Technology
P.O. Box 1810
Rancho Cordova, CA 95741
(916) 319-9223
[email protected]

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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With a copy to: California Department of Technology
707 3rd Street, 2nd Floor North
West Sacramento, CA 95605
Attn: Chief Counsel, Office of Legal Services
Email: [email protected]
Specific contact names, email addresses, and phone numbers shall also be provided by each Party for the other. Each Party shall notify the other of a change in contact or banking information within thirty (30) days of such change.

All notices and correspondence must reference the address and location of the Premises, and State’s File No. ____.

Nothing herein contained shall preclude the giving of written notice by personal service.

HOLD-OVER
ACCESS

9. In the event the State remains an occupant of the Premises after the expiration of the Term, the terms and conditions of this Lease shall govern the State’s use and occupancy of the Premises on the terms and conditions herein specified.

10. Lessor shall allow State to access the Premises at any time during the Term.

Lessor shall have the right to erect and maintain locked gates across any road entering the Premises; provided, however, that the State, its employees, agents, successors and assigns, shall have the right to pass through any such locked gates. Upon installation of such gates, Lessor shall immediately provide the State with any necessary keys or digital codes for entry to such locked gates. The State may also erect and maintain locked gates for the Secured Premises. Lessor shall not have access to the Secured Premises.

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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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1. INSPECTION.

Lessor reserves the right to enter and
inspect the Premises at reasonable
times, after giving written notice to
CDT. Such right to inspect shall not
include the right to enter the Secured
Premises; provided, that the Lessor
may visually inspect the external area
of the Secured Premises from outside
the gate.

2. NON-EXCLUSIVE RIGHT TO USE
ROAD.

Lessor grants to the State a
nonexclusive right to use, during the
Term, the road and utility access routes
that serve the Premises, indicated as
“Access Easement”' and “Utility
Easement” in the site plan designated
as “Exhibit A” (the “Site Plan”). The
State may exercise this right through its
authorized agents, employees, or
contractors whenever it is necessary
for them to have access to the
Premises. Lessor represents and
warrants to the State that, as of the date
of this Lease, no third-party certificates,
permits, licenses or other approvals are
required for the State’s use of such
road. If applicable, Lessor shall permit
the State to construct a road/ or
driveway as set forth in the “Site Plan”.

Lessor shall maintain all access
roadways, if any, under its control from
the nearest public roadway to the
Premises (any such access roadway
being an “Access Road”) in a manner
similar to the conditions on the
commencement date of the Lease.

Lessor shall be responsible for
maintaining and repairing such
roadways, at its sole expense. The
State agrees to promptly repair any
abnormal or excessive road damage to
such roadways solely caused by the
State’s use.

3. ALTERATIONS TO PREMISES.

The State shall have the right during the
Term to make alterations to the
Secured Premises, including the Hut
and the State’s fixtures that conform to
the Site Plan without the consent of the
Lessor. To the extent that the State
wants to make changes to the Secured
Premises or the Hut that are not in
conformity with the Site Plan, the State
may make such modifications or
alterations with the Lessor’s written
consent, which shall not be
unreasonably withheld.

4. ELECTRONIC EQUIPMENT
STANDARDS.

If the State was in occupation under a
previous Lease, the State shall have
one hundred and eighty (180) days
from the commencement of
this Lease to conform to any new site
standards. The State shall display on
each piece of equipment the
appropriate license from the federal
regulatory agency, if applicable.

5. WORKMANSHIP STANDARDS.

The installation and maintenance of the
electronic and other equipment of the
State shall be performed in a neat and
workmanlike manner and shall conform
in all respects to the fire, safety and
construction standards deemed
applicable to such installation by the
State.

6. SURRENDER OF POSSESSION.
(a) Upon termination or expiration of
this Lease, the State shall peaceably
and quietly leave, surrender, and yield

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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to Lessor, the Premises in good order,
condition, and repair, reasonable use
and wear thereof and damage by acts
of nature, excepted. The State shall
remove any and all hazardous
materials it has caused to be upon or
within the Premises (such as batteries
and items included on Proposition 65’s
list that is effective at the time) and in
doing so shall comply with all laws.
(b) Upon termination, a qualified
representative of the Lessor shall
inspect the Premises to determine that
said Premises were left in accordance
with the terms specified.

7. DISPOSITION OF STATE’S
PERSONAL PROPERTY.
(a) During the Term, and until
terminated by either Party, the Hut, all
wires, equipment, and other personal
property placed in, upon, or under the
Premises by the State shall remain the
property of the State and shall be
removed by the State, at its sole cost
and expense, within sixty (60) days
after expiration or termination of the
State’s tenancy.
(b) The State may, however, abandon
in place the Hut and any and all of
State’s equipment and personal
property, whereupon, as abandoned,
title to said improvements will vest in
Lessor.

End of Section 2

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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1. PERMITS AND APPROVALS.

Lessor and the State agree that State’s
ability to use the Premises is dependent
upon State obtaining all the certificates,
permits, licenses, and other approvals
that may be required from any third
party. Lessor will cooperate with State
at no expense to Lessor, in State’s
effort to obtain such approvals in
connection with said permits.

2. COMPLIANCE WITH LAWS.

Each Party shall at its sole cost and
expense comply with all the statutes,
laws, ordinances, and regulations of all
municipal, state and federal authorities
now in force or which may hereafter be
in force pertaining to the Premises and
use of the Premises as provided by this
Lease.

3. ASSIGNMENT, SUBLETTING AND
CHANGE IN USE.

State may assign or transfer this Lease
or sublet said Premises to non-State
users with prior written consent of
Lessor, which consent shall not be
unreasonably withheld. Any such
assignment without the written consent
of the Lessor is void. Notwithstanding
the foregoing, the State may lease
internal rack space to non-State users,
and may lease, sell, re-sell, and grant
rights to use broadband fibers
emanating from the Hut to third-party
users and no such leasing of rack
space, or grant or transfer of rights to
use broadband fibers shall require
Lessor’s consent. Lessor may assign
its rights and interests in said Lease
with prior written consent of State,
which consent shall not be
unreasonably withheld. Any such
assignment without the written consent
of CDT is void.

The State may assign or transfer this
Lease to other State Agencies. The
State may substitute itself as a party to
this Lease with other State Agencies.

Any such assignment, transfer, or
substitution shall not be considered an
event of subletting or assignment
pursuant to this clause.

4. INSURANCE.

Lessor understands and agrees to the
following:

In accordance with Government Code
section 11007.4, the State of California
has elected to be self-insured for
liability exposures.

Under this form of insurance, the State
and its employees acting in the course
and scope of their employment are
insured for tort liability arising out of
official State business. All claims
against the State of California based on
tort liability should be presented as a
government claim to the Government
Claims Program, P.O. Box 989052 MS
414, West Sacramento, CA 95798-
9052. (Gov. Code section 900, et seq).

Lessor shall maintain commercial
general liability insurance, including
coverage for the Premises, during the
term of this Lease, at its own cost.

5. DESTRUCTION OF PREMISES.

If the Premises is partially or totally
destroyed or damaged by fire, acts of
nature, or other casualty so that the
Premises are unusable as determined
by State, the State may terminate this
Lease upon thirty (30) days written
notice to Lessor and no further rental
fees will be due.

6. QUIET POSSESSION.

Lessor agrees that State, while keeping
and performing the covenants herein

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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contained, shall at all times during the
existence of this Lease, peaceably and
quietly have, hold, and enjoy the
Premises without suit, trouble, or
hindrance from the Lessor or any
person claiming under the Lessor.

7. HOLD HARMLESS
INDEMNIFICATION.

To the extent permitted by Government
Code section 14662.5, State agrees to
indemnify and hold harmless Lessor for
any damage proximately caused by
State by reason of the State’s uses
authorized in this Lease. The State
shall not indemnify or hold Lessor
harmless for any claim or damages
caused by Lessor’s sole negligence or
willful misconduct, or any other claims
or damages not expressly authorized
by Government Code section 14662.5.

Lessor does hereby agree to indemnify,
defend, and save State harmless from
any damage proximately caused
by Lessor, or arising out of, or in any
way connected with the acts or
omissions by Lessor that may arise
from Lessor or their agent's employees,
contractor's actions except to the extent
that any such damages or expenses
suffered by State are solely the result
of any persons acting under or on
behalf of State.

8. LIMITATIONS ON DAMAGES.

IN NO EVENT WILL EITHER

PARTY BE LIABLE TO THE

OTHER PARTY FOR ANY

INDIRECT, INCIDENTAL,

SPECIAL, PUNITIVE OR

CONSEQUENTIAL DAMAGES

WHATSOEVER, RELATING TO

AND ARISING FROM THE
STATE’S USE OF THE PREMISES

AND EXERCISE OF ANY OF ITS

RIGHTS HEREUNDER, EXCEPT

TO THE EXTENT SUCH

DAMAGES ARE THE DIRECT
RESULT OF SUCH PARTY’S

GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT. Nothing
herein shall be construed to waive
or limit the State’s sovereign
immunity or any other immunity
from suit provided by law.

9. ORAL AGREEMENTS.

It is mutually understood and agreed
that no alterations or variations of the
terms of this Lease shall be valid unless
made in writing and signed by the
parties hereto, and that no oral
understanding or agreement not
incorporated herein, shall be binding on
any of the parties hereto.

10. AUTHORITY TO CONTRACT.
(a) If Lessor is a public, private or nonprofit corporation, each individual executing this Lease on behalf of said
Lessor shall provide evidence, which is
acceptable to the State, that each
individual is duly authorized to execute
and deliver this Lease on behalf of said
Lessor in accordance with a duly
adopted resolution of the board of
directors or other governing body and
in accordance with the bylaws of said
Lessor and Lessor’s charter or
organizational documents, as
applicable, and that this Lease is
binding upon the Lessor in accordance
with its terms.
(b) Prior to the execution of this Lease,
Lessor shall provide State with a copy
of Lessor’s charter or organizational
documents and bylaws, as applicable.
(c) Lessor represents and warrants
that Lessor owns fee title to the land
underlying the Premises and access
road (the “Land”), and that the Lessor

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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has all requisite capacity, power and
authority to enter into this Lease and to
bind the Lessor and the Land to the
terms hereof.

11. PARTNERSHIP DISCLAIMER.

Lessor and its agents and employees
shall act in an independent capacity
and not as agents, officers or
employees of State. Nothing herein
contained will be construed as
constituting the parties herein as
partners.

12. CEQA.

Any physical changes made to the
improvements by the State or its agents
shall comply with the California
Environmental Quality Act (CEQA), if
applicable

13. AMENDMENTS AND
MODIFICATIONS.

This Lease and any exhibits hereto may
not be modified except by a written
instrument duly executed by the
Parties.

14. MUTUAL CONSENT.

Notwithstanding anything herein
contained to the contrary, this Lease
may be terminated and the provisions
of the Lease may be altered, changed,
or amended by mutual consent of the
parties hereto in writing.

15. FORCE MAJEURE.

If either Lessor or State will be delayed
or prevented from the performance of
any act required hereunder by reason
of acts of nature, governmental
restrictions, regulations or controls
(except those reasonably foreseeable
in connection with the uses
contemplated by this Lease) or other
cause without fault and beyond the
control of the party obligated (except
financial inability), performance of such
act shall be excused for the period of
the delay and the period for the
performance of any such act shall be
extended for a period equivalent to the
period of such delay.

16. ENTIRE AGREEMENT.

This Lease and its exhibits constitute
the entire agreement between State
and Lessor. No prior written or prior,
contemporaneous or subsequent oral
promises or representations shall be
binding. There have been no
representations by the State or
understandings made between State or
Lessor other than those set forth in this
Lease and its exhibits.

17. PARAGRAPH HEADINGS.

All paragraph headings contained
herein are for convenience of reference
only and are not intended to define or
limit the scope of any provision of this
Lease.

18. SEVERABILITY.

If any term, covenant, condition, or
provision of this Lease or any
application thereof, to any extent, is
found invalid, void, or unenforceable by
a court of competent jurisdiction, the
remainder of this Lease will not be
affected thereby, and will be valid and
enforceable to the fullest extent
permitted by law.

19. SEPARATE COUNTERPARTS.

This Lease may be executed in
counterparts, each of which shall be
deemed to be an original, but all of
which, taken together, shall constitute
one and the same agreement. The
exchange of copies of this Lease and of
signature pages by electronic mail in
“portable document format” (“pdf”) form

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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or by any other electronic means shall
constitute effective execution and
delivery of this Lease. In the event the
Lease is executed by wet ink
signatures, the original signatures shall
also be exchanged between the parties
via mail, in addition to any exchange via
electronic means.

20. SUPERSEDURE.

This Lease supersedes and voids any
prior license, lease or agreement
between the State and the Lessor
identified in this Lease with regards to
the Premises.

21. BINDING.

The terms of this Lease and covenants
and agreements herein contained shall
apply to and shall bind and inure to the
benefit of the heirs, representatives,
assigns and successors in interest of the
parties hereto.

22. ESSENCE OF TIME.

Time is of the essence for each and all
of the provisions, covenants and
conditions of this Lease.

23. NON-APPROPRIATION OF FUNDS.

If the term of this Lease extends into
fiscal years subsequent to that in which
it is approved, such continuation of this
Lease is contingent on the
appropriation of funds for such purpose
by the California State Legislature. If
funds to affect such continued payment
are not appropriated, Lessor agrees to
terminate the Lease and to relieve the
State of any further obligation with
respect thereto.

24. CDT TERMINATION FOR
CONVENIENCE.

CDT may terminate this Lease, in
whole or in part, at any time upon 60
days written notice by providing Lessor
with a written notice of termination.

25. UTILITY SERVICES.

Lessor grants to the State the right to
receive utility services including, but not
limited to electric facilities,
appurtenances and associated
equipment, and the right for the utility
service supplier to excavate for,
construct, reconstruct, replace (of
initial or any other size), remove,
maintain, inspect and use said utility
facilities, together with the right for the
utility service supplier to ingress and
egress from said utility facilities across
the Premises. Lessor grants the right
for the utility service supplier to trim or
cut down any trees or brush within five
(5) feet; on each side of the centerline
of said utility facilities. In addition,
Lessor shall not erect or construct any
building or other structure, or drill or
operate any well within five (5) feet on
each side of the centerline of said utility
facilities.

End of Section 3

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:
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EXHIBIT A
[SITE PLAN AND PROPERTY DESCRIPTION TO BE INCLUDED HERE]

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Lease No.:
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Summary report:

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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
Hut 61 Page 1 of 11
Lease No.:

COMMUNICATIONS GROUND LEASE
PREAMBLE This Lease, dated ________for reference purposes only, is made by and between City of Taft and its successors, hereinafter referred to as Lessor, and by and between the California Department of Technology – Office of Broadband and Digital Literacy, hereinafter referred to as “CDT”or “State”. Lessor and State may also be referred to as “Party” or “Parties.”

RECITALS
WHEREAS, pursuant to Government Code section 11549.53, CDT has the powers and authority necessary to implement a statewide open-access middle-mile broadband network, including the authority to enter into agreements with entities and to take actions it deems necessary and appropriate for the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network; and pursuant to Government Code section 11549.52, may oversee the acquisition and management of contracts for the development and construction of a statewide openaccess middle-mile broadband network; and WHEREAS, Lessor has jurisdiction over certain real property in the County of Kern, State of California, commonly referred to as APN: 220-290-10 and 220-042-05; and WHEREAS, CDT desires to lease a portion of property described herein from Lessor; and WHEREAS, it is in the best interests of the State that such a lease be consummated between State and Lessor on the terms and conditions herein contained.

NOW THEREFORE, the Parties agree to the provisions that follow and are incorporated herein as:

Section 1: Site Specific Provisions
Section 2: Telecom Specific Provisions
Section 3: Standard Provisions
Location of Leased Premises
Hut 61
APN: 220-290-10
Taft, CA 93268
Lease File No.:

Agency:

California Department of Technology

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
Hut 61 Page 2 of 11
Lease No.:

PROPERTY

DESCRIPTION

1. Lessor hereby leases to the State and State hereby hires from Lessor an area of land, approximately two thousand five hundred and thirty (2530) square feet, hereafter referred to as “Premises” for a telecommunications site, on a parcel situated in the City of Taft, County of Kern, State of California, as illustrated on the attached map, designated as “Exhibit A” and more particularly described as follows:

Fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank, in the vicinity of 35.1320399, -119.4453922.

2. Lessor hereby leases to the State and State hereby hires from Lessor an easement of approximately two thousand and twenty (2,020) square feet, hereafter referred to as “Easement” for access to a telecommunications site, situated in the City of Taft, County of Kern, State of California, as illustrated on the attached map, designated as “Exhibit A” and more particularly described as follows:

A non-exclusive easement for pedestrian and vehicle access and the transit of power and fiber cables, leading from the Premises along the existing dirt road to the public right of way of Petroleum Club Rd, and from the Premises into neighboring parcel 220-042-05 as shown in Exhibit A.

USE 3. Lessor shall allow State to access the Premises/Easement, and to install, operate, maintain, repair, and remove its equipment, in accordance with terms and conditions of this Lease.

RENT 4. It is mutually agreed between the Parties that the rental compensation specified in this clause (hereafter referred to as “Rent”) is the actual cost to the Lessor, as of the commencement of this Lease, for State’s use of the Premises/Easement as specified herein.

Rent in the amount of eighteen thousand dollars ($18,000.00) per year shall be paid by the State from funds duly appropriated and otherwise legally available for the purpose of making payments under this lease to Lessor.

Landlord may invoice Tenant for annual rental payments due (a) on or after the Effective Date with respect to the first annual payment due during the Initial Term, and (b) on or after each applicable anniversary date of the Effective Date for each subsequent annual payment.

2. Tenant will pay annual rent in accordance with the Prompt Payment Act forty-five (45) days after Tenant receives a properly submitted, undisputed invoice from Landlord.

3. Invoices shall be submitted in triplicate or electronically.

4. Landlord will submit its invoice to Grantee using ONE of the following options referencing the contract number or Agency Order Number:

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Lease No.:
a. Send via U.S. Mail in TRIPLICATE to:

California Department of Technology
Administration Division – Accounting Office
P.O. Box 1810
Rancho Cordova, CA 94741
OR
b. Send electronically to: [email protected]
This Lease of an initial twenty (20) year term, provides for two (2) renewal options of five (5) years each to extend the Lease term.

Rent shall be paid to Lessor at the address specified in the “Notices” section below or to such other address or bank account designated by the Lessor in writing.

UTILITIES &

SERVICES

5. Lessor shall allow the State to place, operate, maintain, and repair equipment necessary for the State’s operation of telecommunications equipment and the broadband network at said Premises/Easement. The cost of installation and keeping the equipment in operation shall be the responsibility of the State.

PRORATIONS 6. Rent payable hereunder for any period of time less than one month shall be determined by prorating the monthly rent herein specified based on a thirty (30) day month and on the actual number of days the State occupies the Premises.

TERM 7. The initial term of this Lease shall commence on the first day that CDT begins construction on the Premises or gives notice to Lessor that construction shall begin, whichever is earlier, and shall expire twenty (20) years after that date, or on September 30, 2046, whichever is sooner, with the State having two (2) successive five (5) year options to extend the Term of the Lease.

This Lease will not automatically renew at the end of its Term, but shall extend under the terms of this Agreement unless terminated by either Party.

All other provisions of the Lease shall remain the same unless either party notifies the other in writing three hundred and sixty (360) days in advance of the end of the current Term, with such rights of termination as may be hereinafter expressly set forth.

EARLY

TERMINATION

8. Either party may terminate this Lease at any time by giving written notice to the other party at least three hundred and sixty (360) days prior to the date when such termination shall become effective.

NOTICES 9. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows:

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Lease No.:

To Lessor: City of Taft
209 E. Kern St.

Taft, CA 93268
(661) 763-1222 [email protected]
To State: Department of Technology
P.O. Box 1810
Rancho Cordova, CA 95741
(916) 319-9223
[email protected]
Rental Warrants shall be made payable to Lessor and mailed to the address above or electronically to the bank account identified by Lessor in writing.

Specific contact names, email addresses, and phone numbers shall also be provided by each of Party for the other. Each Party shall notify the other of a change in contact or banking information within thirty (30) days of such change.

All notices and correspondence must reference the address and location of the Premises/Easement, and State’s File No.________.

Nothing herein contained shall preclude the giving of written notice by personal service.

HOLD-OVER

AND LEASE

RENEWAL

10. In the event the State remains an occupant of the Premises or, continues to utilize the Easement, after the expiration of the Lease term, or any extension thereof, the terms of this Lease shall be extended until terminated by either party, and otherwise on the terms and conditions herein specified, so far as applicable.

KEYS 11. Within 15 days of a request by CDT, Lessor shall furnish a minimum of ( ) sets of keys to CDT at the address indicated in the “Notices” Section, for the vaults, huts, structures and any gates across the access road, Easement. All such keys, when not in use, shall be kept securely by CDT or its authorized agent. Lessor shall be supplied with keys to any locks installed by CDT within 15 days of such installation, at Lessor’s address in the “Notices” Section. Lessor shall keep such keys securely.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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1. INSPECTION.

Lessor reserves the right to enter and
inspect the Premises/Easement at
reasonable times, after giving written notice
to CDT.

2. NON-EXCLUSIVE RIGHT TO USE ROAD.

Lessor grants to the State a nonexclusive
right to use, during the term of this Lease,
the road and utility access that serve the
Premises/Easement. The State may
exercise this right through its authorized
agents, employees, or contractors
whenever it is necessary for them to have
access to the Premises/Easement.

Lessor shall maintain all access roadways
under its control from the nearest public
roadway to the Premises/Easement in a
manner similar to the conditions on the
commencement date of the Lease. Lessor
shall be responsible for maintaining and
repairing such roadways, at its sole
expense. The State agrees to promptly
repair any abnormal or excessive road
damage to such roadways solely caused by
the State’s use.

3. ALTERATIONS TO PREMISES.

The State shall have the right during the
term of this Lease, with written consent of
Lessor, such consent not to be
unreasonably withheld, to make alterations
to the State’s fixtures. Such items placed in
or upon or attached to the
Premises/Easement under this Lease shall
be and shall remain the property of the State
and shall be removed therefrom by the State
prior to the termination or expiration of this
Lease or any renewal or extension thereof,
or within a mutually agreed upon time
thereafter.

4. ELECTRONIC EQUIPMENT STANDARDS.

With regard to specific site standards and
any laws or regulations pertaining to the use
of electronic equipment: the State agrees to
install, maintain, and operate its electronic
equipment in accordance with all such
requirements. If the State was in occupation
under a previous Lease, the State shall have
one hundred and eighty (180) days from the
commencement of
this Lease to conform to any new site
standards. The State shall display on each
piece of equipment the appropriate license
from the federal regulatory agency, if
applicable.

5. WORKMANSHIP STANDARDS.

The installation and maintenance of the
electronic and other equipment of the State
shall be performed in a neat and
workmanlike manner and shall conform in
all respects to the fire, safety and
construction standards deemed applicable
to such installation by the State.

6. SURRENDER OF POSSESSION.
(a) Upon termination or expiration of this
Lease, the State shall peaceably and quietly
leave, surrender, and yield to Lessor, the
Premises/Easement in good order,
condition, and repair, reasonable use and
wear thereof and damage by acts of nature,
excepted. The State shall remove any and
all hazardous materials it has caused to be
upon or within the Premises/Easement
(such as batteries and items included on
Proposition 65’s list that is effective at the
time) and in doing so shall comply with all
laws.

Upon termination, a qualified representative
of the Lessor shall inspect the
Premises/Easement to determine that said
Premises/Easement were left in accordance
with the terms specified.

7. (b) In the event the State’s tenancy has
resulted in damage to the
Premises/Easement, the State shall be
responsible for the cost to restore the
Premises/Easement to its prior condition.

DISPOSITION OF STATE’S PERSONAL
PROPERTY.

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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Lease No.:
(a) During the term of this Lease, or any
extension thereof, and until terminated by
either Party, all wires, equipment, and other
personal property placed in, upon, or under
the Premises/Easement by the State shall
remain the property of the State and shall be
removed by the State, at its sole cost and
expense, within sixty (60) days after
expiration or termination of the State’s
tenancy.
(b) The State may, however, with written
consent of Lessor, abandon in place any
and all of State’s equipment and personal
property, whereupon, as abandoned, title to
said improvements will vest in Lessor.

End of Section 2

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:

1. PERMITS AND APPROVALS.

Lessor and the State agree that State’s
ability to use the Premises/Easement is
dependent upon State obtaining all the
certificates, permits, licenses, and other
approvals that may be required from any
third party. Lessor will cooperate with State
at no expense to Lessor, in State’s effort to
obtain such approvals in connection with
said permits.

2. COMPLIANCE WITH LAWS.

State shall at its sole cost and expense
comply with all the statutes, laws,
ordinances, and regulations of all municipal,
state and federal authorities now in force or
which may hereafter be in force pertaining
to the Premises/Easement and use of the
Premises/Easement as provided by this
Lease.

3. ASSIGNMENT, SUBLETTING AND
CHANGE IN USE.

State may assign or transfer this Lease or
sublet said Premises/Easement to nonState users with prior written consent of Lessor, which consent shall not be
unreasonably withheld. An assignment
without the written consent of the Lessor is
void. Notwithstanding the above, the State
may lease rack space to a non-State user
with only notice to Lessor. Lessor may
assign its rights and interests in said Lease
with prior written consent of State, which
consent shall not be unreasonably withheld.

The State reserves the right to substitute
other State agencies, and such substitution
shall not be considered an event of
subletting or assignment pursuant to this
clause.

4. INSURANCE.

Lessor understands and agrees to the
following:

In accordance with Government Code
section 11007.4, the State of California has
elected to be self-insured for liability
exposures.

Under this form of insurance, the State and
its employees acting in the course and
scope of their employment are insured for
tort liability arising out of official State
business. All claims against the State of
California based on tort liability should be
presented as a government claim to the
Government Claims Program, P.O. Box
989052 MS 414, West Sacramento, CA
95798-9052. (Gov. Code section 900, et
seq).

The State has also elected to be insured for
its motor vehicle liability exposures through
the State Motor Vehicle Liability SelfInsurance Program (VELSIP). This program provides liability coverage arising out of the
operations of motor vehicles used by state
employees for official state business
(California Vehicle Code Sections 17000
and 17001). Motor vehicle liability claims
against the State of California should be
presented to the Office of Risk and
Insurance Management, P.O. Box 989052
MS-403, West Sacramento, CA 95798-
9052, (800) 900-3634, [email protected].

If your motor vehicle liability claim is not
resolved within six months from the date of
loss, California law requires you to file a
formal claim with the Government Claims
Program, P.O. Box 989052 MS 414, West
Sacramento, CA 95798-9052. (Gov. Code
section 900, et. seq.).

The State has a Master Agreement with the
State Compensation Insurance Fund
regarding workers’ compensation benefits
for all state employees, as required by the
Labor Code.

5. Lessor shall maintain commercial general
liability insurance, including coverage for the
Premises, during the term of this
Agreement, at its own cost. ACTS OF
NATURE.

If any of State’s improvements or equipment
is destroyed by acts of nature, State may

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:
replace them with improvements or
equipment of the same general type that
meets or exceeds the technical
specifications of the original equipment,
which occupies no more physical space and
that consumes no more electrical power.

State shall immediately notify Lessor of
such items and the date the replacement is
completed.

6. DESTRUCTION OF PREMISES.

If the Premises is partially or totally
destroyed or damaged by fire, acts of
nature, or other casualty so that the Leased
area/Easement is un-tenantable as
determined by State, the State may
terminate this Lease upon thirty (30) days
written notice to Lessor and no further rental
will be due.

7. QUIET POSSESSION.

Lessor agrees that State, while keeping and
performing the covenants herein contained,
shall at all times during the existence of this
Lease, peaceably and quietly have, hold,
and enjoy the Premises/Easement without
suit, trouble, or hindrance from the Lessor or
any person claiming under the Lessor.

8. HOLD HARMLESS INDEMNIFICATION.

To the extent permitted by Government
Code section 14662.5, State agrees to
indemnify and hold harmless Lessor for any
damage proximately caused by State by
reason of the State’s uses authorized in this
Lease. The State shall not indemnify or hold
Lessor harmless for any claim or damages
caused by Lessor’s sole negligence or willful
misconduct, or any other claims or damages
not expressly authorized by Government
Code section 14662.5.

Lessor does hereby agree to indemnify,
defend, and save State harmless from any
damage proximately caused by Lessor, or
arising out of, or in any way connected with
the acts or omissions by Lessor that may
arise from Lessor or their agent's
employees, contractor's actions except to
the extent that any such damages or
expenses suffered by State are solely the
result of any persons acting under or on
behalf of State.

9. ORAL AGREEMENTS.

It is mutually understood and agreed that no
alterations or variations of the terms of this
Lease shall be valid unless made in writing
and signed by the parties hereto, and that
no oral understanding or agreement not
incorporated herein, shall be binding on any
of the parties hereto.

10. AUTHORITY TO CONTRACT.
(a) If Lessor is a public, private or non-profit
corporation, each individual executing this
Lease on behalf of said Lessor shall provide
evidence, which is acceptable to the State,
that he/she is duly authorized to execute
and deliver this Lease on behalf of said
Lessor in accordance with a duly adopted
resolution of the Board of Directors or in
accordance with the Bylaws of said Board,
and that this Lease is binding upon said
Board of Directors in accordance with its
terms.
(b) Prior to the execution of this Lease,
Lessor shall provide State with a copy of
Lessor’s current bylaws and corporate filing
status as filed with the California Secretary
of State.

11. PARTNERSHIP DISCLAIMER.

Lessor and its agents and employees shall
act in an independent capacity and not as
agents, officers or employees of State.

Nothing herein contained will be construed
as constituting the parties herein as
partners.

12. CEQA.

Any physical changes made to the
improvements by the State or its agents
shall comply with the California
Environmental Quality Act (CEQA), if
applicable

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:

13. AMENDMENTS AND MODIFICATIONS.

No amendment, modification, or
supplement to this Lease shall be binding on
either party unless it is in writing and signed
by the party to be bound by the modification.

14. MUTUAL CONSENT.

Notwithstanding anything herein contained
to the contrary, this Lease may be
terminated and the provisions of the Lease
may be altered, changed, or amended by
mutual consent of the parties hereto in
writing.

15. FORCE MAJEURE.

If either Lessor or State will be delayed or
prevented from the performance of any act
required hereunder by reason of acts of
Nature, governmental restrictions,
regulations or controls (except those
reasonably foreseeable in connection with
the uses contemplated by this Lease) or
other cause without fault and beyond the
control of the party obligated (except
financial inability), performance of such act
shall be excused for the period of the delay
and the period for the performance of any
such act shall be extended for a period
equivalent to the period of such delay.

16. ENTIRE AGREEMENT.

This Lease and its exhibits constitute the
entire agreement between State and
Lessor. No prior written or prior,
contemporaneous or subsequent oral
promises or representations shall be
binding.

17. PARAGRAPH HEADINGS.

All Paragraph headings contained herein
are for convenience of reference only and
are not intended to define or limit the scope
of any provision of this Lease.

18. SEVERABILITY.

If any term, covenant, condition, or provision
of this Lease or any application thereof, to
any extent, is found invalid, void, or
unenforceable by a court of competent
jurisdiction, the remainder of this Lease will
not be affected thereby, and will be valid and
enforceable to the fullest extent permitted by
law.

19. SEPARATE COUNTERPARTS.

This Lease may be executed in
counterparts, each of which shall be
deemed to be an original, but all of which,
taken together, shall constitute one and the
same Agreement. The exchange of copies
of this Lease and of signature pages by
electronic mail in “portable document
format” (“pdf”) form or by any other
electronic means shall constitute effective
execution and delivery of this Lease. In the
event the Lease is executed by wet ink
signatures, the original signatures shall also
be exchanged between the parties via mail,
in addition to any exchange via electronic
means.

20. SUPERSEDURE.

This Lease supersedes and voids any prior
license, lease or agreement between the
State and the Lessor identified in this Lease
with regards to the Premises.

21. BINDING.

The terms of this Lease and covenants and
agreements herein contained shall apply to
and shall bind and inure to the benefit of the
heirs, representatives, assigns and
successors in interest of the parties hereto.

22. ESSENCE OF TIME.

Time is of the essence for each and all of the
provisions, covenants and conditions of this
Lease.

23. NON-APPROPRIATION OF FUNDS
If the term of this Agreement extends into
fiscal years subsequent to that in which it is
approved, such continuation of this
Agreement is contingent on the
appropriation of funds for such purpose by

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:
the California State Legislature. If funds to
affect such continued payment are not
appropriated, Grantor agrees to terminate
the Lease and to relieve Lessee of any
further obligation with respect thereto.

24. CDT TERMINATION FOR
CONVENIENCE.

CDT may terminate this Agreement, in
whole or in part, at any time upon 60 days
written notice by providing Lessor with a
written notice of termination.

25. Lessor grants to Lessee the right to receive
utility services including, but not limited to
electric facilities, appurtenances and
associated equipment, and the right for the
utility service supplier to excavate for,
construct, reconstruct, replace (of initial or
any other size), remove, maintain, inspect
and use said utility facilities, together with
the right for the utility service supplier to
ingress and egress from said utility facilities
across the Premises. Lessor grants the right
for the utility service supplier to trim or cut
down any trees or brush within five (5) feet;
on each side of the centerline of said utility
facilities. In addition, Lessor shall not erect
or construct any building or other structure,
or drill or operate any well within five (5) feet
on each side of the centerline of said utility
facilities.

End of Section 3
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Lease No.:

There have been no representations by the State or understandings made between State or Lessor other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties hereto.

IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date listed below.

STATE OF CALIFORNIA LESSOR:

DEPARTMENT OF TECHNOLOGY CITY OF TAFT
a Municipal Corporation
By: By:

Dave Noerr
Mayor

Date Executed: Date:

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ECONOMIC DEVELOPMENT SERVICES -HDL ECON SOLUTIONS
SUMMARY STATEMENT:

The City Planning Department is requesting authorization to execute Task Orders One and Two with HDL Econ Solutions for economic development services. The City of Taft currently maintains a master services agreement with HDL for sales and property tax analysis; the proposed task orders would serve as an amendment to that existing contract.

HDL Econ Solutions has extensive knowledge of Taft’s local economy, including a comprehensive understanding of the City’s various sources of tax revenue generation. HDL proposes to complete all work outlined in the attached proposal for an amount not to exceed $45,000. Payment for Task Order One will be made upon completion and acceptance of the deliverables by City staff. Task Order Two will be paid in increments, as outlined in the attached proposal, based on the completion of specific work components.

A study session to discuss economic development strategies will be scheduled for the February 17 City Council meeting. During the meeting, the Taft City Council will receive presentations from Richard Chapman of Kern Economic Development Corporation (EDC) and Barry Foster of HDL Econ Solutions. The study session will be conducted as an open forum, allowing members of the public to attend and participate in the discussion.

RECOMMENDED ACTION:

Motion to authorize the Mayor to execute the professional services agreement with HDL Econ Solutions for tasks one and two for amount not to exceed $45,000 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): Yes, $45,000
ATTACHMENT (Y/N): Yes, agreement tasks #1 and #2
PREPARED BY: Planning and Community Development Department ,
Submitted by:

HdL ECONSolutions
120 S. State College Blvd., Suite 200
Brea, CA 92821
www.hdlcompanies.com
Contact:

Barry Foster
951.233.0414
[email protected]
City of Taft, CA
Proposal-Economic Development Services
Proposal-Economic Development Services for Taft
2 COVER LETTER
December 17, 2025
City of Taft
Craig Jones, CityManager
[email protected]
Craig:

HdL Companies, is pleased to submit this proposal to provide Economic Development Services for the City of Taft.

Hinderliter de Llamas Associates (HdL) is a 42-year-old consulting firm with corporate offices in Brea California and a Bay Area office in Pleasanton, plus another California office in Fresno, along with offices in Texas and North Carolina. HdL is a highly respected consulting firm working in sales tax, property tax, tax & fee administration, revenue analysis, economic development and cannabis management.

In responding to Taft’s request we are providing a proposal to conduct some Economic Development related services including 1) Market Analytics & Leakage Analysis and 2) Retail Recruitment Support Services. We believe our HdL ECONSolutions Team is well-equipped to contribute valuable insights and proven expertise for what you want for economic development in Taft.

With HdL ECONSolutions currently working for 25 cities in California on a variety of economic development services including Retail Attraction Support Services for a number of California cities, we believe our Team is perfect for what you want done in Taft. We truly understand the needs and methodology that retailers use in examining a new location possibility, along with assessing the highest & best use for a property. We also understand the importance of having a quality and easy to navigate website, along with brand recognition for Economic Development marketing. Unlike some competitors, we are a California based company and truly understand the California marketplace that can be challenging for out of state consultants-especially with retail recruitment. With a proven track record, we are committed to delivering quality economic development consulting services Your primary point of contact will be me - Barry Foster, Principal and Managing Director of HdL’s ECONSolutions Division, by phone at 951.233.0414 or email at [email protected]. If you have any questions, please feel free to reach out directly to me.

Barry Foster
Principal/Managing Director
120 S. State College Blvd, Suite 200
Brea, CA 92821
[email protected]
Proposal
Scope of Work
Task 1. Market Analytics, Leakage Analysis, Void Analysis & Retail Performance Assessment for Taft • Preparation of INSIGHT Market Analytics package for Taft including two trade areas. • Undertake Leakage Analysis for Taft and preparation of a Void Analysis of possible retailers for Taft • Preparation of a Real Performance Assessment for Taft including looking at vacancies and opportunities for new business uses.

Compensation for Task 1=$20,000
Task 2. Retail Recruitment Outreach Support Services
• Work with the City staff to create customized materials and marketing packets, as well as an evaluation of the City’s website presence for economic development.
• Facilitate establishing meaningful relationships with retailer, developers, site selectors and real estate professionals to promote retail opportunities in Taft.
• HdL utilizes a data base of more than 500 leading retailers, as well as Barry Foster having significant longterm relationships and a data base of with more than 1,500 people active in the retail development industry.
• Manage meetings and participate on behalf of Yucca Valley at a variety of key retail trade events including ICSC RECON-Las Vegas, ICSC Monterey, and ICSC Western Regional Conference in San Diego. Barry Foster has been a member of ICSC for 33 years.

Compensation for Task 2= $25,000 (not-to-exceed based on hourly rates) Hourly rates for the work includes the following:

Principal/Managing Director $250/hour
Senior Advisor $180/hour
Analyst $100/hour
Total cost for Tasks 1 & 2=$45,000 ( not to exceed)
Consultant’s Prior Experience & Qualifications
The HdL ECONSolutions Team has over 140 years of experience working in economic and community development in both the public and private sectors. HdL has significant experience with retail attraction support services, along with providing a variety of economic development related consulting services.

HdL has established a solid reputation in economic development consulting, especially in California. Hdl is based in Brea, along with other California offices in Fresno and Pleasanton, as well as offices in North Carolina and Texas.

HdL ECONSolutions has done Retail Attraction Support Services for many California cities including Apple Valley, Desert Hot Springs, Diamond Bar, Duarte, Eastvale, Fowler, Grand Terrace, Glendora, Indio, Jurupa Valley, Lake Forest, Marina, Menlo Park, National City, Ontario, Pacific Grove, Patterson, Placerville, Port Hueneme, Rancho Cordova, Rancho Santa Margarita, Ridgecrest, Upland, Vallejo and Watsonville.

Additional Capabilities: Our proprietary sales tax/software system not only ensures a thorough examination of the current retail environment but also opens numerous opportunities to prepare detailed economic development reports. These reports will be instrumental in providing Retail Attraction Support Services.

References
The following are a sampling of our public-sector references:

CITY OF EASTVALE
Alex Fung, ED Manager
12363 Limonite Ave. Suite 910
Eastvale CA 91752
951.361.0900

CITY OF PACIFIC GROVE
Ben Harvey, former City Manager of Pacific
Grove & current City Manager w/Ojai
213.364.2699

CITY OF RIDGECREST
Ronald Strand, City Manager
100 W. California Avenue
760.499.5002
Additional References
The following are a sample of our private sector references:

BURLINGTON STORES
Chris Kiehler, Director of Real Estate
13341 Mount Hood Drive
Tustin, CA 92705
714.322.2545

PANDA RESTAURANTS
Lucy Gan, Sr. Director of Real Estate-West
1683 Walnut Grove Ave.

Rosemead, CA 91770
626.202.3116

CHIPOTLE
Amber Reed, Sr. Real Estate Manager-West
610 Newport Center Drive, Suite 1300
Newport Beach, CA 92660
650.422.0612

SMART & FINAL
Casey Lynch, Vice President-Real estate
600 Citadel Dr.

Commerce, CA 90040
323.869.7746

HOPKINS REAL ESTATE GROUP
Steve Hopkins, CEO & President
4340 Von Karman, Suite 200
Newport Beach, CA 92660
949.370.9696

SAGE INVESTCO
Patrick Charriou, Senior Partner
4350 Von Karman Ave., #200
Newport Beach, CA 92660
949.954.6100

LEWIS RETAIL CENTERS
Richard Lewis & Randall Lewis
1156 N. Mountain Ave
Upland, CA 91785
909.946.7518

WABA GRILL
Steven Wang, Real Estate Director
181 S. Old Springs Road, 2nd Floor
Anaheim Hills, CA 92808
562.908.9222

PANERA BREAD
Tim O’Kane, Sr. Real Estate Director
9105 N. 105th Place
Scottsdale, AZ 98258
714.316.4296
WOOD INVESTMENTS INC.

Patrick Wood, President/CEO
2950 Airway Ave., Suite A-9
Costa Mesa, Ca 92627
949.300.0553
Gelson’s Market
Michael Smith, Director of Real Estate
[email protected]
Albertsons
Sam Shink, Director of Real Estate
1421 S. Manhattan Avenue
Fullerton CA 92831
714.300.6727
HdL Companies Key Personnel
HdL Companiesis proposing a team ofthree for Taft work. Barry Foster will be the Project Manager. The Senior Advisor will be involved in the client interface, public interface and project analysis. The Economic Development Specialist will be responsible for the data gathering and analysis.

BARRY FOSTER – PRINCIPAL/MANAGING DIRECTOR, HDL COMPANIES ([email protected]) Barry Foster has more than 39 years of local government experience including 24 years in Southern California working for the cities of Moreno Valley, Rancho Mirage, Monrovia, and Loma Linda, as well as over 11 years with the HdL Companies. As a Principal & Managing Director with HdL, Barry Foster started the ECONSolutions Division for HdL and has worked with 240 local governments in a variety of economic development related services. Additionally, he worked as a Development Consultant with five developers and retail advisors in Southern California. Over the years, he has helped facilitate more than 32 million square feet of new development projects including logistics-distribution, shopping centers, commercial retail/office, medicalhealthcare, hotels, and auto centers. Mr. Foster is member of the International Council of Shopping Centers, as well as being a past President of the Municipal Management Assistants of Southern California (MMSASC). He holds a Bachelor of Science degree from Minnesota State University- Mankato and a Master of Public Administration from the University of Kansas.

RUTH MARTINEZ-BAENEN —SENIOR ADVISOR HDL COMPANIES ([email protected]) Ruth Martinez-Baenen is an experienced Economic Development Manager. She worked in local government for 32 years, with over 23 years as the Economic Development Manager for the City of Pasadena. She has Master of Public Administration from California State University-Long Beach.

LEE WINKLER – ECONOMIC DEVELOPMENT SPECIALIST (LWINKLER@HDLCOMPANIES,COM) Lee Winkler joined HdL in 2025 as an Analyst and works on a variety of analytics and revenue analysis projects, as well assupporting the administrative needs of the Division. Lee has undergraduate and graduate degrees from George Washington University.

HdL ECONSolutions has quickly become a premier partner providing economic development services for many California cities. HdL ECONSolutions has worked with the following cities and local governments:

HDL ECONSOLUTIONS CLIENTS
Hdl ECONSolutions is Driven BY RESULTS
HdL ECONSolutions provides business attraction support services for number of cities in California. Success with retail attraction has resulted in the following new retail uses for our client cities.

HdL ECONSolutions has helped facilitate 75 retail/restaurant placements that generate more than $4.25 million annually in new sales tax revenue for our clients!
Representatives
The consultant representing HdL shall be Barry Foster, Principal/Managing Director for HdL ECONSolutions. The staff representative for the City of Taft will be Craig Jones, City Manager Accepted by HdL: Accepted by Mayor City of Taft:
____________________________________ _______________________________________ Barry Foster, Principal/Managing Director Date Date 02/03/26

HDL ECONSOLUTIONS RETAIL PLACEMENTS
12/17/25

Taft City CouncilFebruary 3, 2026

Taft City Council
February 3, 2026