TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, JUNE 21, 2022
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 in to the record.
________________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Eveland
Councilmember Whiting
1. PUBLIC HEARING – TO RECEIVE PUBLIC INPUT REGARDING MILITARY EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY BILL 481 AND CONSIDERATION OF ADOPTION OF ORDINANCE ADDING CHAPTER 13 TO TITLE VIII OF THE TAFT CITY CODE Recommendation –
1. Conduct the Public Hearing; and
2. Motion to approve and amend the City of Taft Municipal Code entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT, CALIFORNIA ADDING CHAPTER 13 TO TITLE VIII
OF THE TAFT CITY CODE RELATING TO THE ADOPTION OF A MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481 for first reading by title only and reading of such be waived.
2. PRESENTATION BY TERESA BINKLEY FINANCE DIRECTOR – 2021/2022 BUDGET
3. APPROVAL OF FINAL BUDGET FOR FISCAL YEAR 2021-2022 AND PROPOSED BUDGET FOR FISCAL YEAR 2022-2023
Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TAFT ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2021-2022 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2022-2023.
4. 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.
5. COUNCIL STATEMENTS (NON ACTION)
6. DEPARTMENT REPORTS
7. CITY MANAGER STATEMENTS
City of Taft Council/Successor Agency Meeting
Agenda
June 21, 2022
8. CITY ATTORNEY STATEMENTS
9. FUTURE AGENDA REQUESTS
****************************************************************************************************** CONSENT CALENDAR ITEMS 10-17
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?
10. MINUTES
June 7, 2022 regular
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant# 6/8/22 Check No. 96393-96455 $ 253,456.22
Recommendation – Approve payment of the bills.
12. APPROVE DONATION OF 501 & 511 NORTH STREET (APN’s 031-070-05, 06, 07 & 08) PROPERTIES TO OILDORADO, INC. FOR PRESERVATION OF THE PROPERTY AND USES OF
THE PROPERTY THAT PROMOTE THE HISTORICAL TRADITIONS AND HERITAGE OF THE CITY
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TAFT APPROVING A PROPERTY DONATION AND TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF TAFT AND OILDORADO, INC., AUTHORIZING
THE MAYOR TO IMPLEMENT SUCH PROPERTY DONATION AND TRANSFER AGREEMENT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
13. LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 ENGINEERS REPORT Recommendation –
Motion to: 1) receive 2022-2023 Engineer’s Report for Landscape Maintenance District No. 1; and 2) adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
DECLARING ITS INTENTION TO REVIEW THE IMPROVEMENTS AND FEES FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 AND SET THE PUBLIC HEARING FOR JULY 19, 2022.
14. CANCELLATION OF JULY 5, 2022, CITY COUNCIL MEETING
Recommendation – Motion to approve the cancellation of the July 5, 2022, City Council Meeting.
15. SPECIAL EVENT PERMIT AND ENCROACHMENT PERMIT FOR THE TAFT 4TH OF JULY FIREWORKS SPECTACULAR BY TAFT CHAMBER OF COMMERCE ON SATURDAY, JULY 2, 2022 Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2022-04 AND AN
ENCROACHMENT PERMIT FOR THE TAFT FIREWORKS SPECTACULAR BY TAFT CHAMBER OF
COMMERCE ALONG THE RAILS TO TRAILS, AND THE CLOSURE OF SUPPLY ROW AND RAILS City of Taft Council/Successor Agency Meeting
Agenda
June 21, 2022
TO TRAILS FROM 2ND TO 4TH STREETS, AND 6TH STREET FROM SUPPLY ROW TO MAIN STREET ON SATURDAY, JULY 2, 2022.
16. PROFESSIONAL SERVICES AGREEMENT AMENDMENT #2 WITH RICK ENGINEERING COMPANY FOR THE SB2/PGP, LEAP, AND REAP PLANNING GRANT PROJECTS – DOWNTOWN
TAFT SPECIFIC PLAN AND ZONING ORDINANCE AMENDMENT TO ACCELERATE HOUSING
PRODUCTION
Recommendation – Motion to amend the Professional Services Agreement with Rick Engineering Company for the Downtown Taft Specific Plan for additional graphics work to develop 3D renderings of development scenarios, increasing the overall project budget $10,000, in an updated amount not to exceed $268,310
17. ADOPT A RESOLUTION SUPPORTING AN APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS. (BSCC) FOR STANDARDS AND TRAINING FOR CORRECTIONS (STC) TRAINING COSTS.
Recommendation – Motion to approve resolution entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TAFT SUPPORTING AN APPLICATION TO THE CALIFORNIA BOARD OF STATE
COMMUNITY CORRECTIONS (BSCC) TO RECEIVE FUNDS FOR TRAINING UNDER THE STANDARDS FOR TRAINING FOR CORRECTIONS (STC) PROGRAM.
*********************************************************************************************************
CLOSED SESSION
A. ANNUAL PERFORMANCE EVALUATION
Government Code Section 54957 – City Attorney
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Case # BCV-20-100096 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8 – APN 220-280-16
ADJOURNMENT
AMERICANS WITH DISABILITIES ACT
(Government Code Section 54943.2)
The City of Taft City Council Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance (including transportation) to attend or participate in a meeting of the Taft City Council may request assistance at the Office of the City Clerk, City of Taft, 209 E. Kern Street, Taft, California or by calling (661) 763-1222. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible.
AFFIDAVIT OF POSTING
I, Darnell Porter, 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 June 16, 2022 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 June 16, 2022, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: JUNE 21, 2021
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING – TO RECEIVE PUBLIC INPUT REGARDING MILITARY EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY BILL 481 AND CONSIDERATION OF ADOPTION OF ORDINANCE ADDING CHAPTER 13 TO TITLE VIII OF THE TAFT CITY CODE SUMMARY STATEMENT:
Assembly Bill 481 (“AB 481”), approved by the Governor on September 30, 2021, requires law enforcement agencies to obtain approval of their Military Equipment Use Policy from their governing body and hold a public hearing regarding such policy. The policy is required to be approved and adopted by ordinance. Per the requirements of AB 481, the department’s proposed policy was posted on the city's website at least 30 days prior to this public hearing for the first reading of the ordinance.
Once the policy is approved and the Ordinance is adopted, an annual review of the policy along with a public hearing to receive public comment will be required.
RECOMMENDATION:
1. Conduct the Public Hearing; and
2. Motion to approve and amend the City of Taft Municipal Code entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT, CALIFORNIA ADDING CHAPTER 13 TO TITLE
VIII OF THE TAFT CITY CODE RELATING TO THE ADOPTION OF A MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481 for first reading by title only and reading of such be waived.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Ordinance, Taft Police Department Policy 710- Military Equipment Use Policy
PREPARED BY: Chief of Police
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA ADDING CHAPTER 13 TO TITLE VIII OF THE TAFT
CITY CODE RELATING TO THE ADOPTION OF A MILITARY
EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code Section 7070(c); and
WHEREAS, AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Taft Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently of temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance will be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
SECTION 2. Findings. Pursuant to Government Code Section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
Ordinance No. __________
July 19, 2022
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
E. The Military Equipment Use Policy is found within the Taft Police Department Policies and Procedures as Policy 710.
F. The Military Equipment Use Policy, set forth as Policy 710 in the Taft Police Department Policies and Procedures, was published on the Taft Police Departments internet website on May 16, 2022.
G. Policy 710 of the Taft Police Department Manual was presented to the City Council on June 21, 2022.
SECTION 3. Adoption of the Military Equipment Policy. The City Council hereby makes the following determinations:
A. The military equipment identified in Taft Police Department Policy 710 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
B. The Military Equipment Use Policy, as set forth in Taft Police Department Policies and Procedures Policy 710, will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. The Military Equipment Use Policy, as set forth in Taft Police Department Policy and Procedures Policy 710, is approved and adopted.
D. A copy of Taft Police Department Policy 710 may be obtained on the City of Taft website at Military Equipment Policy - Taft CA (cityoftaft.org), from the Taft Police Department or from the City Clerk.
SECTION 4. CEQA Determination. The City Council finds and determines that this Ordinance is not a “project” for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. As such, the adoption of this ordinance is not subject to CEQA.
SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 6. Effective Date and Publication. This ordinance shall take effect thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption shall be published at least once in a newspaper of general circulation, published, and circulated in the City of Taft together with the names of members of the City Council voting for and against same.
Ordinance No. __________
July 19, 2022
PASSED AND ADOPTED on this 19th day of July, 2022.
___________________________
Dave Noerr, Mayor
Attest:
_____________________________________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
___________________________________
Jason Epperson, City Attorney
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 Ordinance had its first reading on June 21, 2022, and had its second reading on July 19, 2022, and was passed by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
___________________________________
Yvette Mayfield, MMC
City Clerk
MILITARY EQUIPMENT INVENTORY
1. Specialized Firearms and Ammunition
Description, quantity, capabilities, and purchase cost:
Rifles: Guns that are fired from shoulder level, thereby have a greater accuracy over a long distance.
Colt AR-15 A2-5.56mm Patrol use, Quantity 15, Cost: $800 each.
Colt Commando R933 5.56mm Patrol use, Quantity 5, Cost $1100 each.
FN SCAR 16-5.56mm Patrol use, Quantity 2, Cost $1000 each.
Stag Arms AR15 5.56mm Patrol use, Quantity 1, Cost: Acquired from Asset Management.
DPMS Model A-15-5.56mm Patrol use, Quantity 1, Cost: $725.
Olympic Arms SGW model CAR-AR .223/5.56mm Patrol use,
Quantity 1, Cost $800.
Smith & Wesson model M&P-15 .223/5.56mm Patrol use, Quantity 1, Cost: $1500.
Olympic Arms AR15 model PCR 98 .226/5.56mm Patrol use, Quantity 2, Acquired from MCCF closure.
Colt M16A1-5.56mm Returning to Military, Quantity 3, Acquired through Military 1033 program.
GM Hydramatic M16A1 5.56mm Returning to Military, Quantity 3, Acquired through Military 1033 program.
H&R M16A1 5.56mm Returning to Military, Quantity 3,
Acquired through Military 1033 program.
Colt 9MM SMG 9mm, for tactical use only, Quantity 7, Acquired through trade with California City PD on ATF Form 10.
Ammunition:
The Winchester Q3131A1, 5.56mm 55-grain full metal jacket is the primary duty ammunition for all 5.56mm rifles deployed during potential lethal encounters. The Winchester M855
5.56mm, 62-grain full metal jacket penetrator is the primary training ammunition for the department for all 5.56mm rifles. The Winchester USA 124-grain 9mm Lugar, full metal jacket is both the primary duty and training ammunition for the 9mm SMG.
Winchester Q3131A1 5.56mm 55-grain full metal jacket, Quantity: approximately 19,800 rounds, Cost: $350 per 500 round case.
Winchester M855 5.56mm, 62-grain full metal jacket, Quantity: 5,900 rounds, Cost:
$325 per 500 round case.
Winchester USA 124-grain 9mm Lugar full metal jacket, Quantity: 5,760 rounds, Cost; $357 per 1000 round case.
Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 432)
Lifespan
Rifle- 15 years
Ammunition- Until expended
Fiscal Impact
Rifle annual maintenance- Approximately $50 for each rifle.
Winchester Q3131A1 5.56mm 55-grain ammunition- Annual cost: $0-$2,000.
Winchester M855 5.56mm, 62-grain ammunition- Annual cost: $0-$3,000.
Winchester USA 124-grain 9mm Lugar ammunition- Annual cost: $0- $4,000.
Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to complete/pass a range qualification every six months. (Twice yearly)
Legal and Procedural Rules
Use is established under Policy 432, of the Taft Police Department. It is the policy of the Taft Police Department to utilize rifles only for law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
2. Projectile Launch Platforms and associated munitions.
Description, quantity, capabilities and purchase cost.
37 MM Launchers and Rounds: 37MM launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
Defense Technology, L8-37MM MULTI-SHOT LAUNCHER, cost: Acquired by MCCF closure, quantity: 4. The 37MM, Multi-shot launcher is a tactical Multi-shot launcher.
Defense Technology, 37MM SINGLE SHOT LAUNCHER, cost: Acquired by MCCF closure, quantity: 1. The 37MM, Single-shot launcher is a tactical Single-shot launcher.
Federal Laboratories, 37MM SINGLE SHOT LAUNCHER, cost: Acquired by MCCF closure, quantity: 1. The 37MM, Single-shot launcher is a tactical Single-shot launcher.
Defense Technology, 37MM Foam Baton, #1178, cost: Acquired by MCCF closure, quantity: 30.
A less lethal 37mm foam projectile fired from a 37mm launcher. The 37mm Foam Baton round provides accurate and effective performance when fired from the approved distance.
Defense Technology, 37MM Rubber Baton, #1177, cost: Acquired by MCCF closure, quantity:
35. A less lethal 37mm rubber projectile fired from a 37mm launcher. The 37mm Rubber Baton round provides accurate and effective performance when fired from the approved distance.
Defense Technology, 37MM Rubber Ball, #1199, cost: Acquired by MCCF closure, quantity: 60.
A less lethal 37mm rubber projectile fired from a 37mm launcher. The 37mm Rubber Baton round provides accurate and effective performance when fired from the approved distance.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Training
Sworn members utilizing 37mm less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal instructors.
Lifespan
20-25 years.
Fiscal Impact
No annual cost.
Legal and Procedural Rules
It is the policy of the Taft Police Department to utilize the 37mm for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the department’s use of force.
3. Bean Bag
Description, quantity, capabilities, and purchase cost:
Less Lethal Shotgun: Less lethal Shotgun is used to deploy the less lethal Safari land 12-guage Drag #3027 Stabilized Beanbag Round.
REMINGTON LESS-LETHAL SHOTGUN, Cost: Acquired by MCCF closure, quantity: 2. The Remington 870 Less Lethal shotgun is used to deploy the less lethal Safari land 12-guage Drag #3027 Stabilized Beanbag Round. The beanbag round can be used up to a distance of 75 feet.
The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principal of de-escalation. 12 GAUGE SAFARILAND BEANBAG ROUND, Cost; $5 each, quantity 12. Less lethal 2.4 inch 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Safari land Beanbag Rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and orange fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Lifespan
No expiration date.
Fiscal Impact
Safari land Beanbag Round-Annual cost: $300.
Training
All officers are trained in 12 gauge less lethal shotgun as a less lethal option in-service training.
Legal and Procedural Rules
It is the policy of the department to utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the department’s use of force.
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL OF FINAL BUDGET FOR FISCAL YEAR 2021-2022 AND PROPOSED BUDGET FOR FISCAL YEAR 2022-2023
SUMMARY STATEMENT:
As represented in the proposed 2022/2023 budget year, the City of Taft is expected to have certain budget shortfalls as economic recovery from the Covid-19 pandemic continues to have a negative effect on our local commerce. The city’s goal, with this budget, and going forward, will be to address the current fiscal crisis, try to prevent cuts to city services and keep the same level of services for our citizens, including Police, Fire and emergency medical services along with road repairs and the maintenance and the upkeep of our parks and Rails to Trails, along with all other city services.
Aside from its money grabs from Taft and other cities, Sacramento, is imposing more unfunded mandates and bureaucracy through everchanging regulations making it harder for us to maintain the funding needed for local services the community relies on. Our goal continues to be to expand locally controlled funding that allows the city to maintain the level of service our citizens expect and deserve.
In past budget years, the revenue from the MCCF offset the general fund, which covers the important services of the police and fire services that our residents rely on. With the closure of all MCCF’s by the state, and the rising crime associated with it, this is no time to make cuts to police services. Also, of great concern for not only this budget year, but for the city’s long-term budget planning, is not only the loss of the MCCF revenue, but also the fact that the city’s contract with the Kern County Fire Department, has increased doubling over the next 5 years.
The onetime Coronavirus State and Local Fiscal Recovery Funds that Taft received covered a large portion revenue lost for the FY2021-2022 budget year but will in no way pulled the city out of the revenue shortfall. Thankfully the voters approved a new District Sales Tax that began Tax collections April 1, 2022. Although the funds from that new District tax will significantly help it will not begin to be recognized until later in the fiscal year. The estimated $1.5 million collected will fall short replacing the loss of funds from the closure of the MCCF.
The city continues to strategize to further diversify its revenue stream, staff continues to see a growth in building activity and new business applications which keeps us optimistic for the future.
City staff continues to be creative in cutting operating costs while still providing critical services to the community.
Council Agenda Report
June 21, 2022
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
It is obvious that the city is going to continue to be in a precarious position going forward but we will continue to fight to be the self-reliant city we have always prided ourselves on being.
Attached hereto are the final operating and capital expenditure budgets for the Fiscal Year 2021- 2022 and the proposed operating and capital expenditure budgets for the Fiscal Year 2022-2023.
These budgets maintain the conservative fiscal policies of the City Council.
This proposed budget was reviewed by the Finance Committee on June 6, 2022 and was recommended to be presented to the Council for adoption.
The budget with respect to certain grant funds, which are multi-year fixed agreed amounts for specific activities to be performed in accordance with contract agreements with state and federal agencies, are controlled by the guidelines, laws and regulations of the grant agreements; hence, they are not included in these budgets.
RECOMMENDED ACTION
Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2021-2022 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2022-2023.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Yes, Budget Document and resolution
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. 4151-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING THE CITY OF TAFT FINAL BUDGET FOR FISCAL YEAR 2021-2022 AND PROPOSED BUDGET FOR THE FISCAL YEAR 2022-2023
WHEREAS, the City Manager has prepared and presented to the City Council of the City of Taft the final budget for fiscal year 2021-2022 and the proposed budget for fiscal year 2022-2023; and WHEREAS, the City Council has studied these budgets at length; and WHEREAS, all changes and necessary modifications have been made to said budgets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft, California as follows:
That the final budget for fiscal year 2021-2022 and the proposed budget for fiscal year 2022-2023, with the exception of certain grant budgets, are hereby adopted and by reference made a part hereof. The City Clerk is hereby directed to keep a copy of these budgets in her office for public inspection and provide a copy of said budgets for filing with the Finance Director.
PASSED, APPROVED AND ADOPTED on this 21st day of June, 2022.
Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA}
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 21st day of June 2022, by the following vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Darnell Porter, CMC
Deputy City Clerk
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
JUNE 7, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The June 7, 2022, 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 Council Member Whiting, followed by an invocation given by Pastor Steven McDaniel.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Jeff Eveland and Ed Whiting City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
1. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND INPUT FOR THE CALTRANS ACTIVE TRANSPORTATION PROGRAM (ATP) - CYCLE 6
APPLICATION
The public hearing was opened at 6:05 PM to receive input from the public.
A letter that was received from Taft Union High School in support of the grant application was read into the record.
The public hearing closed at 6:07 PM.
2. CITIZEN REQUESTS/PUBLIC COMMENTS
Mayor Noerr read into the record a comment received from Jacob White.
3. COUNCIL STATEMENTS (NON-ACTION)
Council Member Whiting shared that a portrait of local veteran Luis C. Ruan, who was killed in action in 2020 was recently displayed at the Portrait of a Warrior Gallery in Bakersfield.
Council Member Bryant thanked those that worked on the Memorial Day Service at the cemetery, sent his congratulations out to all the graduates and reminded everyone about the fund the fireworks campaign.
Mayor Pro Tem Krier reminded everyone to be careful driving around town now that kids are out of school and spoke about local businesses, new and existing.
Mayor Noerr reminded everyone on this election day that it is their government and their voice, spoke about the anniversary of D-Day and encouraged everyone to visit the Portrait of a Warrior Gallery.
4. DEPARTMENT REPORTS
There was none.
5. CITY MANAGER STATEMENTS
There was none.
6. CITY ATTORNEY STATEMENTS
There was none.
City of Taft Council/Successor Agency Meeting
Minutes
June 7, 2022
7. FUTURE AGENDA REQUESTS
There was none.
******************************************************************************************* CONSENT CALENDAR ITEMS 8-15
Motion: Moved by Bryant, seconded by Krier to approve consent calendar items 8-15.
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
8. MINUTES
May 17, 2022 regular
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant# 5/18/22 Check No. 96329-96338 $ 108,274.38
Warrant# 5/27/22 Check No. 96339-96392 $ 297,938.32
Recommendation – Approve payment of the bills.
10. TREASURER’S REPORT
Recommendation – Motion to receive and file Treasurer’s Report for the Month of March 2022.
11. RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL ELECTION AND REQUEST
THE KERN COUNTY BOARD OF SUPERVISORS TO APPROVE CONSOLIDATION
WITH THE STATEWIDE GENERAL ELECTION
Recommendation –
1. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (Resolution No. 4147-22)
2. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TAFT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. (Resolution No. 4148-22)
12. AUTHORIZATION OF SALE OF CITY OWNED PROPERTY AT 324 KERN STREET,
TAFT, TO OWNERS OF THE BUSINESS ON CONTIGUOUS LOT FOR THE PURPOSE
OF SITE IMPROVEMENT TO ADD PARKING FOR SAID BUSINESS
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY City of Taft Council/Successor Agency Meeting
Minutes
June 7, 2022
LOCATED AT 324 KERN STREET TAFT, CALIFORNIA AND AUTHORIZING THE
MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL
ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (Resolution No. 4149-22)
13. SB-1 CITY OF TAFT PROJECT FOR FISCAL 2022/2023
Recommendation – A motion to adopt a resolution entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. (Resolution No. 4150-22)
14. ACCEPT THE WORK PERFORMED BY A.S.I., INC. AND APPROVE THE FILING OF NOTICE OF COMPLETION FOR THE ASBESTOS ABATEMENT AT 520 NORTH STREET
Recommendation – Motion to accept the completed work by A.S.I., Inc. for the asbestos abatement at 520 North Street and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.
15. ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $28,100 TO MAG ENGINEERING, INC. FOR THE 520 NORTH STREET TAFT, CA DEMOLITION
PROJECT
Recommendation – Motion to accept the bid in the amount of $28,100 from MAG Engineering, Inc., approve entering into an agreement for same and authorize the Mayor to execute said agreement.
*********************************************************************************************
16. CITY OF TAFT CONTRIBUTION TO THE 4TH OF JULY FIREWORKS SHOW Motion: Moved by Bryant, seconded by Whiting to authorize a financial contribution in the amount of $5,000 to be made to the Taft Chamber of Commerce to assist with funding the Taft Fireworks Show and authorize the waiver of all fees, the use of city employees and equipment associated with the event.
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
Bryant recommended a $5,000 donation in keeping with last year's donation.
Krier asked that staff bring back an item to Council to consider if the Chamber were to come up short on their goal.
Noerr shared that he was happy to announce that the Fireworks show would be returning to the Rails to Trails this year.
At 6:29 PM the regular meeting was recessed to closed session.
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8 – APN’s 031-070-05, 06, 07 and 08 City of Taft Council/Successor Agency Meeting
Minutes
June 7, 2022
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft
ADJOURNMENT
The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff. No other reportable action was taken.
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 6:51 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVE DONATION OF 501 & 511 NORTH STREET (APN’s 031-070-05, 06, 07 & 08) PROPERTIES TO OILDORADO, INC. FOR PRESERVATION OF THE PROPERTY AND USES OF THE PROPERTY THAT PROMOTE THE
HISTORICAL TRADITIONS AND HERITAGE OF THE CITY
SUMMARY STATEMENT:
The City owned property at 201 Supply Row was destroyed by fire in September 2021. After a thorough review of the feasibility of rebuilding the property for an unknown intended use, and due to the cost of construction, it was determined that the insurance payout would not be sufficient to completely rebuild the property. Instead, the City used insurance proceeds to purchase certain property located in the downtown area for purpose of economic development.
The acquired property included 501 & 511 North Street, which consists of an approximately 21,923 square foot lot improved with an approximately 15,625 square foot commercial/warehouse building (“the Property”). The Property is currently used by Oildorado, Inc., as a community event center to organize, plan and host events that celebrate the historical traditions and heritage of the City of Taft and our citizens. The building is over 100 years old and has become a huge part of Taft’s history and legacy over the years, having housed several successful businesses before becoming the face of Oildorado.
The City has decided to donate the Property to Oildorado for the sum of one dollar ($1), in order to further the public interest in preserving the Property and promoting the historical traditions and heritage of the City and our citizens, while protecting the City from the potential for incurring liability in connection with the ongoing ownership of the Property.
Oildorado is a California nonprofit mutual benefit corporation formed and operating for the purpose of furthering the social welfare of the community within the geographical boundary of the City. In connection with the donation of the Property to Oildorado, the City will require that Oildorado enter into a Restrictive Covenant with Power of Termination.
The Restrictive Covenant with Power of Termination will be recorded against the Property and will restrict the use of the Property to those uses that celebrate the cultural and historical traditions and heritage of the City and our citizens. It will also require Oildorado to maintain the Property in a clean and safe condition, and will give the City the right to enforce standards regarding the maintenance and operation of the Property.
RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING A PROPERTY DONATION AND TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF TAFT AND OILDORADO, INC.,
AUTHORIZING THE MAYOR TO IMPLEMENT SUCH PROPERTY DONATION AND TRANSFER AGREEMENT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
IMPACT ON BUDGET (Y/N): None
ATTACHMENT (Y/N): Yes – Resolution, Property Donation and Transfer Agreement, Restrictive Covenant with Power of Termination
PREPARED BY: Office of the City Attorney
RESOLUTION NO. 4152-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT APPROVING A PROPERTY DONATION AND
TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF
TAFT AND OILDORADO, INC., AUTHORIZING THE
MAYOR TO IMPLEMENT SUCH PROPERTY DONATION
AND TRANSFER AGREEMENT AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Taft (the “City”) is a California municipal corporation and general law city;
WHEREAS, the City Council (“City Council”) for the City is authorized and empowered to enter into agreements for the disposition of real property, and to make and execute contracts and other instruments necessary or convenient to exercise its powers; WHEREAS, the City is the owner of that certain land and improvements located at 501 & 511 North Street in the City, County of Kern, State of California (the “State”), Assessor’s Parcel Nos. (APN) 031-070-05, 06, 07, and 08, [consisting of approximately 21,923 square feet of land, improved with an approximately 15,625 square foot commercial warehouse building] (the “Property”);
WHEREAS, pursuant to California Government Code Section 37361.1, the City Council may convey, upon such terms and conditions as it determines to be in the public interest, any surplus real property, together with any building thereon, owned by the City which has been determined by the City Council to be of general historical interest, to an association or society the purpose of which is to research and promote the City's historical heritage or to preserve property of historical interest in the City and which is a nonprofit corporation formed under the laws of the State;
WHEREAS, the City Council has determined that the Property has historical significance to the downtown at nearly a century old while being used during the past decade as a venue for hosting and celebrating the traditions and heritage of the City and preserving the Property and promoting the traditions and heritage of the City is in the best interest of the City and the citizens of the City;
WHEREAS, Oildorado, Inc. (the “Corporation”), is a California nonprofit mutual benefit corporation formed and operating for the purpose of furthering the social welfare of the community within the geographical boundary of the City, and further to said purpose, the Corporation currently uses the Property as a community event center to organize, plan and host events that celebrate the historical traditions and heritage of the City and the citizens of the City; WHEREAS, the City and the Corporation, have proposed to enter into an agreement entitled “Property Donation and Transfer Agreement” substantially in the form attached to this Resolution as Exhibit A (the “Agreement”);
WHEREAS, under the Agreement, subject to satisfaction of conditions precedent set forth therein, the City would donate, transfer and convey the Property in fee to the Corporation to further the public interest in preserving the Property and promoting the historical traditions and heritage of the City and the citizens of the City, as set forth in the Agreement; Resolution No. 4152-22
WHEREAS, pursuant to the Agreement, the City and the Corporation will enter into a “Restrictive Covenant with Power of Termination,” substantially in the form attached to this Resolution as Exhibit B (the “Restrictive Covenant”), to set forth certain post-closing conditions and covenants in favor of the City that, among other things, restricts the use of the Property, imposes operating and management covenants and provides the City with certain rights and remedies in the event of a violation of such post-closing conditions and covenants; WHEREAS, the Agreement does not commit the City to a project or grant any vested development entitlement;
WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the State Guidelines Implementing the California Environmental Quality Act have been adhered to; the proposed donation and transfer agreement is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities) as there is no proposal to expand the existing structures; WHEREAS, the City has duly considered all terms and conditions of the presently drafted Agreement and has determined that the Agreement is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the goals, objectives and public purposes and provisions of applicable state and local laws.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft as follows:
1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
2. The City Council hereby finds and determines that the Corporation is an association or society the purpose of which is to research and promote the City's historical heritage or to preserve property of historical interest in the City and is a nonprofit corporation formed under the laws of the State.
3. The City Council hereby approves the Agreement, with such changes as may be mutually agreed upon by the Corporation, the City Attorney and the City Manager of the City (the “City Manager”) (or his duly authorized representative), respectively, as are minor and in substantial conformance with the form of the Agreement submitted herewith. The City Manager and the City Clerk are hereby authorized to execute and attest the Agreement, including the Restrictive Covenant and the Grant Deed conveying the Property to the Corporation in substantially the form attached to this Resolution as Exhibit C (the “Grant Deed”), on behalf of the City. In such regard, the City Manager (or his duly authorized representative) is authorized to sign the final version of the Agreement after completion of any such non-substantive, minor revisions. Copies of the final form of the Agreement, when duly executed and attested, shall be placed on file in the office of the City Clerk. Further, the City Manager (or his duly authorized representative) is authorized to implement the Agreement, the Restrictive Covenant and the Grant Deed, and to take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the Agreement, including all exhibits thereto, including providing representations to the title company engaged by the Corporation to provide title insurance with respect to the Property, if applicable. The City Manager (or his duly authorized representative) is hereby authorized to the extent necessary during the implementation of the Agreement to make technical or minor changes and Resolution No. 4152-22
interpretations of the Agreement after execution, as necessary to properly implement and carry out the Agreement, including all exhibits thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the City under the Agreement.
4. In addition to the authorization of Section 3 above, the Mayor, City Manager and/or Assistant City Manager is hereby authorized, on behalf of the City, to sign all other documents necessary or appropriate to carry out and implement the Agreement, including all exhibits thereto and including causing the issuance of warrants in implementation thereto, and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement, including all exhibits thereto.
5 The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of June, 2022.
Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy 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 June, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
______________________________
Darnell Porter, CMC
Deputy City Clerk
EXHIBIT A
PROPERTY DONATION AND TRANSFER AGREEMENT
EXHIBIT B
RESTRICTIVE COVENANT WITH POWER OF TERMINATION
1 PROPERTY DONATION AND TRANSFER AGREEMENT
This Property Donation and Transfer Agreement ("Agreement"), dated for reference purposes only as June 21, 2022, ("Reference Date"), is made by and between CITY OF TAFT, a California municipal corporation ("CITY"), and OILDORADO, INC., a California nonprofit mutual benefit corporation (“CORPORATION”). The CITY and the CORPORATION are collectively referred to herein as the "PARTIES" and individually as the “PARTY”. Capitalized terms used in this Agreement shall have the meanings ascribed to them by the paragraph in which such term is first defined. This Agreement includes all exhibits attached hereto. The PARTIES agree as follows:
RECITALS
A. CITY is the owner of that certain land and improvements located in the City of Taft, County of Kern (the "County"), State of California, APN Parcel Nos. 031-070-05, 06, 07 and 08, and is more particularly described in Exhibits A and B attached hereto and made a part hereof (the "Property").
B. Further to California Government Code section 37361.1, by Resolution No.______ adopted by the City Council of CITY (“City Council”) on June 21, 2022 at duly noticed regularly meeting, the City Council determined that the Property has been used for over a decade as a venue for hosting and celebrating the traditions and heritage of the CITY and preserving the Property and promoting the traditions and heritage of the CITY is in the best interest of the CITY and the citizens of the CITY.
C. CORPORATION is a 501(c)(4) entity and formed and operating for the purpose of furthering the social welfare of the community within the geographical boundary of CITY, and further to said purpose, CORPORATION currently uses the Property as a community event center to organize, plan and host events that celebrate the historical traditions and heritage of CITY and the citizens of the CITY.
D. CITY desires to donate, transfer and convey the Property in fee to CORPORATION to further the public interest in preserving the Property and promoting the historical traditions and heritage of the CITY and the citizens of the CITY, subject to the terms and conditions in this Agreement.
E. CORPORATION desires to accept the donation, transfer and conveyance of the Property in fee from CITY to further the public interest in preserving the Property and promoting the historical traditions and heritage of the CITY and the citizens of the CITY, subject to the terms and conditions in this Agreement.
NOW THEREFORE, in consideration of the above recitals, all of which are expressly incorporated into this Agreement, and the mutual promises and covenants contained in this Agreement, the PARTIES agree as follows:
AGREEMENT
1. Purchase and Sale. CITY agrees to sell and convey to CORPORATION, and CORPORATION agrees to purchase from CITY, the Property on the terms and subject to the conditions set forth in this Agreement.
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be the amount of ONE AND NO/100ths DOLLARS ($1.00).
2 3. Escrow.
a. Opening of Escrow. The CITY will open an escrow account (“Escrow”) with Placer Title Company, Attention: Veronica Lesser ("Escrow Holder"), located at 3900 Coffee Road, Suite 7, Bakersfield, CA, email [email protected], telephone (661) 589-1340, Fax: (661) 589-1516. CORPORATION and CITY agree to execute and deliver to Escrow Holder, in a timely manner, all escrow instructions necessary to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control.
b. Escrow Charges. CORPORATION agrees to cover all fees connected to the escrow for this transfer of Property.
c. Close of Escrow. For the purpose of this Agreement, the "Close of Escrow" shall be on or before thirty (30) calendar days from the Effective Date, subject to the terms and conditions set forth in this Agreement.
4. Conditions of Title; Title Review; Unrecorded Rights. a. Condition of Title. The Property shall be conveyed to CORPORATION by CITY by a grant deed, subject to (i) the Restrictive Covenant (as set forth in Paragraph 11 below), (ii) statutory liens for non-delinquent real estate taxes and assessments, (iii) exceptions listed on that certain Preliminary Title Report No. __________________ dated ____________, 2022, issued by Escrow Holder with respect to the Property (the "Preliminary Report"), and (iv) such other title matters affecting the Property created by or with the written consent of CORPORATION (collectively, "Approved Conditions of Title").
b. Title Review. Within ten (10) business days following the Effective Date, CITY shall deliver to CORPORATION the Preliminary Report. Within ten (10) days of CORPORATION’S receipt of the Preliminary Report, CORPORATION shall advise CITY what exceptions to title, if any, will be accepted by CORPORATION. CITY shall have five (5) business days after receipt of CORPORATION’S objections to give CORPORATION: (i) notice that CITY will remove such objectionable exceptions on or before the Closing Date; or (ii) notice that CITY elects not to cause such exceptions to be removed. CITY’s failure to provide such notice to CORPORATION shall be deemed to constitute CITY’s election NOT to cause such exceptions to be removed. If CITY gives CORPORATIOIN notice under clause (ii), CORPORATION shall have two business days after receipt of such notice to elect to proceed with the purchase or terminate this Agreement. CORPORATION’S FAILURE TO GIVE WRITTEN NOTICE OF ITS SATISFACTION AS PROVIDED HEREIN SHALL BE DEEMED TO CONSTITUTE CORPORATION’S DISAPPROVAL THEREOF.
c. Unrecorded Rights Disclosure, Identification and Certification. Within ten (10) business days following the Effective Date, CORPORATION shall to the best of its actual knowledge after reasonably diligent inquiry, identify in writing any and all unrecorded rights, whether oral or in writing, affecting the use and/or occupancy of the Property and any portion thereof, including but not limited to, leases, subleases, memoranda of understanding, licenses, occupancy agreements, and use agreements (collectively the “Unrecorded Rights Disclosure”). Within three (3) business days of CITY’s receipt of the Unrecorded Rights Disclosure, CITY shall notify CORORATION in writing 3 which unrecorded rights, if any, shall be terminated at Close of Escrow (“Response to Unrecorded Rights Disclosure”). Within three (3) business days of CORPORATION’S receipt of CITY’s Response to Unrecorded Rights Disclosure, CORPORATION shall advise CITY of any objections thereto (“Objections”). CITY shall have three (3) business days after receipt of CORPORATION’S Objections to give CORPORATION: (i) notice that CITY elects to cancel and terminate this Agreement; or (ii) notice that CITY elects to proceed with Close of Escrow. CITY’s failure to provide such notice to CORPROATION shall be deemed to constitute CITY’s election to not proceed with Close of Escrow.
5. Conditions to Close of Escrow.
a. Conditions to CITY’s Obligations. The Close of Escrow and CITY’s obligation to consummate the transactions contemplated in this Agreement are subject to the satisfaction of the following conditions (or CITY’S waiver thereof) for CITY’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date:
(1) CORPORATION'S Obligations. CORPORATION shall have timely performed all of the obligations required to be performed by CORPORATION under this Agreement; (2) CORPORATION's Representations. All representations and warranties made by CORPORATION to CITY in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (3) Purchase Price. CORPORATION shall have timely delivered the Purchase Price and other sums owing under this Agreement in good funds to Escrow Holder. (4) CITY’s Approval. The City Council shall have approved this Agreement and the transactions provided for herein at a duly noticed meeting. (5) Restrictive Covenant. A Restrictive Covenant in substantially the same form attached hereto as Exhibit C (the "Covenant") shall have been duly executed and acknowledged by the PARTIES for recording against the Property immediately after the recordation of the Grant Deed.
(6) Termination of Unrecorded Rights. CORPORATION shall have delivered to Escrow at least three (3) business days prior to Close of Escrow written evidence satisfactory to CITY in its sole discretion that the unrecorded rights identified in CITY’s Response to Unrecorded Rights Disclosure have been terminated or will be terminated as of the Close of Escrow. b. Conditions to CORPORATION's Obligations. The Close of Escrow and CORPORATION'S obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions (or CORPORATION'S waiver in writing thereof) for CORPORATION'S benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in the absence of a specified date:
(1) Title. Immediately upon Close of Escrow, the Property shall be conveyed by Grant Deed to CORPORATION, subject only to Approved Conditions of Title. (2) Title Insurance. [Reserved].
4 (3) CITY’s Representations. All representations and warranties made by CITY to CORPORATION in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (4) CITY’s Obligations. As of the Close of Escrow, CITY shall have performed all of the obligations required to be performed by CITY under this Agreement; c. Failure of Condition to Close of Escrow. If on the date that is thirty (30) calendar days following the Effective Date, any of the conditions set forth in Paragraph 5(a) or Paragraph 5(b) are not timely satisfied or waived by the appropriate benefited PARTY for a reason other than the default of CORPORATION or CITY, this Agreement shall terminate, and all monies delivered to Escrow Holder by CORPORATION, if any, shall be returned to CORPORATION and except as otherwise provided herein, the PARTIES shall have no further obligations hereunder.
6. Taxes, Assessments, Costs and Expenses. CORPORATION shall pay all escrow fees, recording fees, if any, prorated real property taxes, documentary transfer tax, possessory taxes, title insurance charges (if applicable), reconveyance fees and any other fees or costs related to the Closing.
7. Intentionally Omitted.
8. Condition of Property.
a. As-Is, Where-Is, With All Faults. Except as expressly set forth in Paragraph 9 below, CORPORATION is agreeing to acquire the Property in its as-is, where-is, with all faults condition, as follows:
CORPORATION HEREBY ACKNOWLEDGES AND AGREES THAT, OTHER THAN
THE REPRESENTATIONS SET FORTH IN THIS AGREEMENT, CITY MAKES NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY MATTER RELATING TO THE PROPERTY, INCLUDING, WITHOUT
LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY OR THE IMPROVEMENTS (IF ANY) LOCATED THEREON; THE SQUARE FOOTAGE OF, OR TOTAL NUMBER OF ACRES CONTAINED WITHIN, THE PROPERTY; THE PRESENCE OR ABSENCE OF ANY
HAZARDOUS SUBSTANCES IN, ON OR ABOUT THE PROPERTY OR ANY OTHER MATTER RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY; THE ZONING OF THE PROPERTY; THE POSSIBILITY OF DEVELOPING OR USING THE PROPERTY IN THE
MANNER CONTEMPLATED BY PURCHASER OR OBTAINING ANY CONSENTS, PERMITS, APPROVALS, AUTHORIZATIONS OR ENTITLEMENTS IN CONNECTION THEREWITH; THE VALUE OF THE PROPERTY; THE FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE OR USE (INCLUDING THAT CONTEMPLATED BY CORPORATION); THE
ACCURACY, COMPLETENESS, OWNERSHIP OR TRANSFERABILITY OF ANY
DOCUMENTS OR OTHER MATERIALS FURNISHED TO CORPORATION WITH RESPECT TO THE PROPERTY (OR ANY PORTION THEREOF); THE CONDITION OF TITLE OF THE PROPERTY (OR ANY PORTION THEREOF); OR ANY OTHER MATTER OR THING RELATING TO THE PROPERTY. CORPORATION ALSO ACKNOWLEDGES THAT
CORPORATION HAS OCCUPIED THE PROPERTY PURSUANT TO THE RIGHTS GRANTED
TO CORPORATION BY CITY AS DISCLOSED IN THE UNRECORDED RIGHTS DISCLOSURE
AND HAS HAD THE OPPORTUNITY TO CONDUCT A COMPLETE, INDEPENDENT
INSPECTION AND INVESTIGATION OF THE PHYSICAL AND ENVIRONMENTAL
CONDITION OF THE PROPERTY (AND ALL PORTIONS THEREOF) AND ALL SUCH OTHER 5 MATTERS RELATING TO OR AFFECTING THE PROPERTY (OR ANY PORTION THEREOF)
AS CORPORATION DEEMS NECESSARY OR APPROPRIATE AND THAT CORPORATION
SHALL CONCLUSIVELY AND SOLELY RELY ON ITS INDEPENDENT INSPECTION AND
INVESTIGATION OF THE PROPERTY IN ELECTING TO PROCEED WITH ITS ACQUISITION OF THE PROPERTY. ACCORDINGLY, CORPORATION AGREES THAT IT SHALL ACCEPT THE PROPERTY AT THE CLOSE OF ESCROW “AS IS” AND “WITH ALL FAULTS TO THE MAXIMUM EXTENT ALLOWED BY LAW.”
b. Property Condition Waiver; Civil Code Section 1542 Waiver. Notwithstanding any other provision of this Agreement to the contrary, following the Close of Escrow, CORPORATION waives, releases and forever discharges CITY from any and all claims, actions, causes of action, demands, liabilities, damages, costs, expenses or compensation whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, which it may have at the Close of Escrow or which may arise in the future on account of or in any way arising out of or connected with the Property, including the physical condition, nature or quality of the Property, including geologic conditions. The foregoing waiver and release shall expressly exclude losses, liabilities, damages, costs or expenses, and claims therefor, arising from or attributable to (i) a material matter actually known to CITY and (1) not disclosed to CORPORATION and (2) not discovered by CORPORATION prior to the Close of Escrow, and (ii) any breach by CITY of its express representations or warranties under this Agreement, and (iii) any losses, liabilities, damages, costs or expenses, and claims arising from or attributable to willful or intentional acts or omissions of CITY’s or CITY’s agents or employees.
CORPORATION hereby waives the benefits of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
CORPORATION INITIALS: _______, _______
9. CITY’s Representations. The representations made by CITY in this Paragraph 9 shall be true when made and shall be deemed to be restated by CITY immediately prior to the Close of Escrow. As used in this Paragraph 9, without creating any personal liability on behalf of such individual, usage of “to CITY’s actual knowledge,” or “actually known by CITY,” or words to such effect, shall mean the present, actual knowledge of Craig Jones, City Manager, excluding constructive knowledge or duty of inquiry. CITY represents as follows: (i) the individuals executing this Agreement and the instruments referenced herein on behalf of CITY shall have the legal power, right and actual authority to bind CITY to the terms hereof and thereof, (ii) this Agreement is, and all other instruments, documents and agreements required to be executed and delivered by CITY in connection with this Agreement shall be duly authorized, executed and delivered by CITY and shall be valid, legally binding obligations of and enforceable against CITY in accordance with their terms, (iii) to CITY’s actual knowledge, CITY has not entered into any other contracts for the sale of the Property, nor does there exist any rights of first refusal, reversions, or options to purchase the Property or any portion of the Property and (iv) CITY is not party to nor subject or bound by any agreement, contract, or lease of any kind relating to the Property which would impose an obligation on CORPORATION or otherwise affect marketability of title to the Property, except for as disclosed in this Agreement and the Preliminary Report.
6 10. CORPORATION'S Representations and Warranties. The representations made by CORPORATION in this Paragraph 10 shall be true when made and shall be deemed to be restated by CORPORATION immediately prior to the Close of Escrow. In consideration of CITY entering into this Agreement and as an inducement to CITY to donate, transfer and convey the Property to CORPORATION, CORPORATION makes the following representations and warranties, each of which is material and is being relied upon by CITY (the continued truth and accuracy of which constitutes a condition precedent to CITY’s obligations hereunder). As used in this Paragraph 10, without creating any personal liability on behalf of such individual, usage of "to CORPORATION'S actual knowledge," or “actually known by CORPORATION,” or words to such effect, shall mean the present, actual knowledge of [______________], who is the [_________________] of CORPORATION and the person most knowledgeable and familiar with the CORPORATION'S representations in this Paragraph 10, excluding constructive knowledge or duty of inquiry. a. Representations Regarding CORPORATION'S Authority.
(1) CORPORATION has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby.
(2) The individuals executing this Agreement and the instruments referenced herein on behalf of CORPORATION have the legal power, right, and actual authority to bind CORPORATION to the terms and conditions hereof and thereof. (3) This Agreement is, and all other instruments, documents and agreements required to be executed and delivered by CORPORATION in connection with this Agreement are and shall be, duly authorized, executed and delivered by CORPORATION and shall be valid, legally binding obligations of and enforceable against CORPORATION in accordance with their terms.
(4) To CORPORATION'S actual knowledge, neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions contemplated herein, nor compliance with the terms of this Agreement and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreements or instruments to which CORPORATION is a party.
b. General Representation. To CORPORATION'S actual knowledge, no representation, warranty or statement of CORPORATION in this Agreement or in any document, certificate or schedule furnished or to be furnished to CITY pursuant hereto contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading.
CORPORATION'S representations and warranties made in this Agreement shall be continuing and shall be true and correct as of the date of the Close of Escrow with the same force and effect as if remade by CORPORATION in a separate certificate at that time. The truth and accuracy of CORPORATION'S representations and warranties made herein shall constitute a condition for the benefit of CITY to the Close of Escrow (as elsewhere provided herein) and shall not merge into the Close of Escrow or the recordation of the Grant Deed.
7 11. Post-Closing Covenants Regarding Restrictive Covenants. a. Restrictive Covenants. In consideration of CITY entering into this Agreement and as an inducement to CITY to convey the Property to CORPORATION, CITY and CORPORATION hereby acknowledge and agree that the covenants, conditions and restrictions set forth in the Covenant (collectively referred to therein as the “Restrictive Covenants”) shall survive the Close of Escrow (the "Post Closing Covenants") and be binding upon the CORPORATION and CITY.
b. Successors and Assigns. The Post Closing Covenants shall be binding upon the CORPORATION and its successors and assigns and every successor in interest of the Property or any portion thereof or any interest therein. The Post Closing Covenants are for the benefit of CITY personally and the right to enforce the Post Closing Covenants shall be granted only to CITY. c. Survival. The Post Closing Covenants, which represent continuing obligations and duties of the CORPORATION, shall survive Close of Escrow and transfer of title to CORPORATION and shall continue to be binding on the CORPORATION and CITY in accordance with their terms.
12. Notices. All notices, statutory notices, demands, statements or communications given or required to be given by either PARTY to the other hereunder shall be in writing, and shall be (i) sent by United States certified or registered mail, postage prepaid, return receipt requested, or (ii) sent by recognized overnight delivery service (such as, but not limited to, Federal Express, OHL or UPS) with tracking capability, or (iii) sent by facsimile transmission, so long as the facsimile machine of the sender produces a written confirmation of such transmission, or (iv) delivered personally, or (v) sent by email, in each case addressed as set forth below, or (vi) to such other place as either PARTY may from time to time designate in a notice to the other party. Any notice will be deemed given as follows:
(1) three (3) business days following the date of deposit with the United States Mail, (2) on the first business day following the date of deposit with a recognized overnight delivery service (delivery charges prepaid or billed to sender) for next business day delivery, (3) on the same day, with a written confirmation produced by the facsimile machine of the sender, and if delivery occurs after 5:00 p.m. in the time zone of the recipient or on a non-business day, then such notice shall be deemed given on the first business day following the date of transmission, (4) on the date personal delivery is made, if given by personal delivery, or (5) on the date of delivery in the case of email, provided that such delivery is reasonably confirmed as received by the recipient (i.e., no error report is received by the sender), and if delivery occurs after 5:00 p.m. in the time zone of the recipient or on a non-business day, then such notice shall be deemed given on the first business day following the date of transmission.
TO CORPORATION:
Oildorado, Inc.
P.O. Box 522
Taft, CA 93268
Attention: Paul Linder
Telephone: ______________
Email: __________________
TO CITY:
City of Taft
8 209 E. Kern Street
Taft, CA 93268
Attention: Craig Jones, City Manager
Email: [email protected]
Telephone: 661-763-1222
Facsimile: 661-765-2480
WITH A COPY TO:
City of Taft
Attn: City Attorney
209 E. Kern Street
Taft, CA 93268
WITH A COPY TO:
Stradling Yocca Carlson & Rauth
660 Newport Center Drive
Suite 1600
Newport Beach, CA 92660
Attention: Vanessa Legbandt
Email: [email protected]
Telephone: 949-725-4073
Facsimile: 949-823-5073
13. Miscellaneous.
a. Calculation of Time. Under this Agreement, when the day upon which performance would otherwise be required or permitted is a Saturday, Sunday or holiday, then the lime for performance shall be extended to the next day which is not a Saturday, Sunday or holiday. The term "holiday" shall mean all and only those State holidays specified in Sections 6700 and 7701 of the California Government Code.
b. Time of Essence. Time is of the essence of this Agreement and each and every provision hereof.
c. Relationship of PARTIES. Nothing contained in this Agreement shall be deemed or construed by the PARTIES to create the relationship of principal and agent, a partnership, joint venture or any other association between CORPORATION and CITY. d. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. e. Waiver. The waiver by any party to this Agreement of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any provision of this Agreement.
9 f. Entire Agreement. This Agreement shall constitute the entire understanding and agreement of the PARTIES hereto regarding the purchase and sale of the Property and all prior agreements, understandings, representations or negotiations are hereby superseded, terminated and canceled in their entirety, and are of no further force or effect. g. Amendments. This Agreement may not be modified or amended except in writing signed by the PARTIES and, if required, authorized and approved by CITY and CORPORATION in writing duly executed by the PARTIES.
h. Applicable Law. The PARTIES hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The PARTIES hereto expressly agree that this Agreement shall in all respects be governed by the laws of the State of California. i. Enforcement. If either PARTY hereto fails to perform any of its obligations under this Agreement or if a dispute arises between the PARTIES concerning the meaning or interpretation of any provision of this Agreement, then the defaulting PARTY or the PARTY not prevailing in such dispute shall pay any and all costs and expenses incurred by the other PARTY on account of such default and/or in enforcing or establishing its rights hereunder, including, without limitation, court costs and attorneys’ fees, disbursements, consultant fees and expert witness fees. Any such attorneys’ fees and other disbursements and fees incurred by either PARTY in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment. j. Severability. Nothing contained herein shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present statute, law, ordinance or regulation as to which the PARTIES have no legal right to contract, the latter shall prevail, but the affected provisions of this Agreement shall be limited only to the extent necessary to bring them within the requirements of such law. k. Authorization, Approvals, Binding Nature, Effective Date. This Agreement has no force and effect and is not binding on the PARTIES until and unless each of the following conditions is satisfied (the “Effective Date”): (i) this Agreement is approved by the City Council of CITY at a duly noticed meeting; (ii) this Agreement is duly signed by an authorized representative of CITY; (iii) this Agreement is approved by CORPORATION’S governing body; and (iv) this Agreement is duly signed by authorized representatives of CORPORATION.
l. Separate Counterparts. This Agreement may be executed in separate counterparts each of which when so executed shall be deemed to be an original. Such counterparts shall, together, constitute and be one and the same instrument. m. Captions, Number and Gender. The captions appearing at the commencement of the paragraphs, subparagraphs and sections hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the article, paragraph or subparagraph at the head of which it appears the article, paragraph or subparagraph and not the caption shall control and govern the construction of this Agreement. In this Agreement, the masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others whenever the context so requires.
10 m. Survival. All terms and conditions in this Agreement, which represent continuing obligations and duties of the PARTIES, that have not been satisfied prior to Close of Escrow shall survive Close of Escrow and transfer of title to CORPORATION and shall continue to be binding on the respective obligated PARTY in accordance with their terms. All representations and warranties and statements made by the respective PARTIES contained herein or made in writing pursuant to this Agreement are intended to be, and shall remain, true and correct as of the Close of Escrow, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective PARTIES contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Close of Escrow, or, to the extent the context requires, beyond any termination of this Agreement.
n. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the grantees, transferees, successors and permitted assigns of the PARTIES. o. Further Action. Each PARTY shall, before the Close of Escrow, duly execute and deliver such papers, documents and instruments and perform all acts reasonably necessary or proper to carry out and effectuate the terms of this Agreement. p. Exhibits. The following Exhibits are attached to this Agreement and incorporated by reference herein.
Exhibit A: Legal Description of Property
Exhibit B: Plat of Property
Exhibit C: Form of Restrictive Covenant
[SIGNATURE PAGES FOLLOW]
11 IN WITNESS WHEREOF, the PARTIES have executed this Agreement:
CITY
THE CITY OF TAFT, a municipal corporation
By: ____________________________
Name: _________________________
Its: ____________________________
ATTESTED
By: ____________________________
Name: _________________________
Its: ____________________________
Dated: __________________
CORPORATION
OILDORADO, INC., a California mutual
benefit corporation
By: ____________________________
Name: _________________________
Its: ____________________________
By: ____________________________
Name: _________________________
Its: ____________________________
[Signatures by two (2) Corporation officers are
required unless Tenant has provided Landlord
with a corporate resolution authorizing a single
officer to sign.]
Dated: __________________
12 EXHIBIT A
Legal Description of Property
The land described herein is situated in the State of California, County of Kern, City of Taft, described as follows:
Lots 25 through 32, inclusive, in Block 7 of the Town of Moron (now the City of Taft), in the City of Taft, county of Kern, State of California, as per map recorded July 1, 1909 in Book 1, Page 120 of Maps, in the office of the County Recorder of said county.
Excepting therefrom all oil, gas and other hydrocarbon substances in, on and under said land, as reserved in previous deeds of record.
(APNs: 031-070-05, 06, 07, 08)
13 EXHIBIT B
Plat of Property
[To be inserted]
14 EXHIBIT C
Form of Restrictive Covenant
[To be inserted]
1 RECORDING REQUESTED:
CITY OF TAFT
209 E. Kern Street
Taft, CA 93268
WHEN RECORDED MAIL DOCUMENT AND
TAX DOCUMENTS TO:
City of Taft
City Clerk
209 E. Kern Street
Taft, CA 93268
Recorder’s Use Only
Assessor’s Parcel Nos. (APN): 031-070-05, 06, 07, 08 [OFFICIAL CITY OF TAFT BUSINESSEXEMPT FROM RECORDING FEES
PURSUANT TO GOVERNMENT CODE
SECTION 27383]
File No. _______ ______________
RESTRICTIVE COVENANT WITH POWER OF TERMINATION
This Restrictive Covenant with Power of Termination ("Covenant"), dated for reference purposes as of June 21, 2022 is by and between CITY OF TAFT, a California municipal corporation ("CITY"), and OILDORADO, INC., a California nonprofit mutual benefit corporation (‘CORPORATION”) with reference to the following facts:
RECITALS
A. CITY and CORPORATION have entered into that certain Property Donation and Transfer Agreement dated for reference purposes only as June 21, 2022 (the "Agreement"), pursuant to which CITY agreed to donate, transfer and convey to CORPORATION and CORPORATION agreed to acquire from CITY that certain real property and improvements (the "Property") more particularly described in the attached Exhibit A, which is incorporated hereto by this reference.
B. The Agreement requires the CITY and CORPORATION to enter into this Covenant to set forth post-closing conditions and covenants in favor of CITY that, among other things, restrict the use of the Property, imposes operating and management covenants and provides CITY with certain rights and remedies in the event of a violation of such post-closing conditions and covenants (the “Restrictive Covenants”).
C. This Covenant is intended to restrict the use of the Property as specified in the Agreement and herein and impose additional conditions on CORPORATION’s use and enjoyment of the Property.
D. The Restrictive Covenants on the Property specified herein are for the benefit of CITY personally and the right to enforce this Covenant shall be granted only to CITY. 2 E. The CITY and CORPORATION desire to execute and record this Covenant to provide notice to all third parties of such Restrictive Covenants and CITY’s rights and remedies to enforce this Covenant.
F. The rights of CORPORATION under the Agreement in connection with the acquisition and use of the Property constitutes valuable consideration for the consent and agreement of CORPORATION to be bound by the provisions of this Covenant, which includes a power of termination (“Power of Termination”) in the event this Covenant is violated according to the terms and conditions herein.
AGREEMENT
NOW THEREFORE, in consideration of the above Recitals, all of which are expressly incorporated into this Covenant, and the mutual promises and covenants contained in this Covenant, the parties agree as follows:
1. Recitals. The Recitals above are deemed to be true and correct and are incorporated into this Covenant by this reference.
2. Terms of the Agreement; Defined Terms. The Agreement is incorporated into this Covenant by this reference. Except as otherwise defined in this Covenant, capitalized terms shall have the meanings given them in the Agreement.
3. Restrictive Covenants; Enforcement; Power of Termination. a. Use Restriction. CORPORATION hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property and each portion thereof, that the donation, transfer and conveyance of title to the Property to CORPORATION in accordance with the terms of the Agreement is conditioned upon the Property being used by CORPORATION for the benefit of the CITY and the citizens of the CITY for following purposes: (i) preserve the Property, (ii) community event center; (ii) preserve, celebrate and honor the CITY’s community historical traditions and heritage, (iii) organize and host the historical quinquennial Oildorado Days festival; and (iv) other compatible uses approved by the CITY which preserve the Property and further the historical traditions and heritage of the CITY and the citizens of the CITY (collectively, the “Use Restriction”). In the event of a violation of the Use Restriction by the CORPORATION, the CITY shall have the power to terminate the CORPORATION'S fee simple interest in the Property and reenter and take possession of the Property, if the violation is not resolved pursuant to the dispute resolution process contained in Paragraph 3d below.
b. Property Preservation Operational and Management Covenants. CORPORATION hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property and each portion thereof, to satisfy the following operational and management covenants to for the purpose of preserving the Property: (i) obtain and maintain at all times broad form “all-risk” property insurance insuring the full replacement value of the Property, (ii) obtain any applicable governmental permits and approvals for any activity or use permitted by this Covenant, and ensure any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements, (iii) keep, maintain and repair the Property in good and sanitary order and condition including, without limitation, all portions of the Building and parking lots located thereon, (iv) maintain its corporate and IRS 3 501(c)(4) status (or other charitable status) in good standing at all times, and (v) annually, at the request of CITY, CORPORATION shall, not later than thirty (30) days following such request, furnish to CITY its most recent financial statement for at least the most recent calendar year, a statement of income and expense for that year and an opinion of an independent certified public accountant satisfactory to CITY (or a certificate of the chief financial officer) indicating the financial statement has been prepared in conformity with generally accepted accounting principles consistently applied and fairly present the financial condition and results of the operations of CORPORATION for that year, (collectively the “Operational and Management Restriction”). In the event of a violation of the Operational and Management Restriction by the CORPORATION, the CITY shall have the power to terminate the CORPORATION’s fee simple interest in the Property and reenter and take possession of the Property, if the violation is not resolved pursuant to the dispute resolution process contained in Paragraph 3d below.
c. Restrictions on Transfers and Encumbrances. CORPORATION shall not sale, transfer, mortgage, pledge, hypothecate, lease or encumber the Property or any part thereof without the prior written consent of CITY, which consent shall be in CITY’s sole and absolute discretion (the “Transfer Restriction”). CORPORATION shall in each instance of a proposed sale, transfer, mortgage, pledge, hypothecation, lease, or encumbrance of the Property or any part thereof (collectively the “Proposed Transfer”), give CITY at least sixty (60) days or more written notice of said Proposed Transfer (the “Proposed Transfer Notice”). CITY shall notify CORPORATION of CITY’s decision and conditions, if application, in connection with CORPORATION’s request for CITY’s consent to a Proposed Transfer within sixty (60) days following the date CITY receives CORPORATION’s Proposed Transfer Notice. Any Proposed Transfer in violation of this Paragraph 3c shall be null and void and of no legal effect. In the event of a violation of the Transfer Restriction by the CORPORATION, the CITY shall have the power to terminate the CORPORATION’s fee simple interest in the Property and reenter and take possession of the Property, if the violation is not resolved pursuant to the dispute resolution process contained in Paragraph 3d below.
d. Notice of Violation; Corrective Action. If the CITY determines that a violation of the Use Restriction, Operational and Management Restriction and/or Transfer Restriction have or has occurred, the CITY shall give written notice to the CORPORATION in accordance with Paragraph 4 below of such alleged violation (“Default Notice”) within thirty (30) days after discovery and specify the corrective action to cure the alleged violation. Within thirty (30) days following CITY’s written notice to CORPORATION of the alleged violation, representatives from the CITY and CORPORATION shall meet and confer for purposes of resolving the alleged violation. If the CORPORATION fails to cure the alleged violation within thirty (30) days after receipt of notice from the CITY, or under circumstances where the violation cannot be cured within a thirty (30) day period, fails to begin curing such violation within such thirty (30) day period, or fails to continue diligently to cure such violation and finally cure such violation, then the CITY may pursue any right or remedy as provided herein or at law or in equity. Any delay by the CITY in providing notice to the CORPORATION of a violation of the Use Restriction, Operational and Management Restriction and/or Transfer Restriction shall not (i) be deemed a waiver on the part of the CITY of any right or remedy as provided herein or at law or in equity, or (ii) be construed to be or act as a waiver of any of the terms, covenants or conditions herein contained to be performed, kept and observed by the CORPORATION or the CORPORATION's successors and assigns. Nothing herein shall waive any right to any other remedies available at law or in equity to CITY or CORPORATION if a dispute regarding an alleged violation is not resolved pursuant to the dispute resolution process contained in this Paragraph. The CORPORATION acknowledges that a legal remedy may not be an adequate remedy for a breach of the Use Restriction, Operational and Management Restriction and/or Transfer 4 Restriction by the CORPORATION, that monetary damages may be difficult or impossible to ascertain and that CITY is likely to suffer irreparable harm in the event of a breach of the Use Restriction, the Operational and Management Restriction and/or the Transfer Restriction, CORPORATION therefore agrees that CITY may immediately seek the following remedies: exercise of the Power of Termination as provided in Paragraph 3e below, injunctive relief or other equitable remedy to enforce the Use Restriction, the Operational and Management Restriction and/or the Transfer Restriction.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF CITY SHALL HAVE
GIVEN TWO DEFAULT NOTICES IN ANY CALENDAR YEAR, ANY SUBSEQUENT
VIOLATION OF THE USE RESTRICTION, OPERATIONAL AND MANAGEMENT
RESTRICTION AND/OR TRANSFER RESTRICTION DURING SUCH CALENDAR YEAR
SHALL BE DEEMED AN IMMEDIATE DEFAULT HEREUNDER WITHOUT ANY
REQUIREMENT OF NOTICE NOR OPPORTUNITY TO CURE AND CITY SHALL HAVE THE
RIGHT TO IMMEDIATELY EXERCISE THE POWER OF TERMINATION AS PROVIDED IN PARAGRAPH 3E BELOW, INJUNCTIVE RELIEF OR OTHER EQUITABLE REMEDY TO
ENFORCE THE USE RESTRICTION, THE OPERATIONAL AND MANAGEMENT RESTRICTION AND/OR THE TRANSFER RESTRICTION.
e. Power of Termination. If CITY exercises its fee termination remedies as set forth in Paragraph 3a, 3b, 3c, and 3d above and in accordance with applicable law; i.e., by written recorded notice of exercise of the Power of Termination and/or commencement of legal action, then (i) the CORPORATION shall forfeit all ownership interests in the Property and all improvements located thereon, and shall have no right to any compensation for the loss of those ownership interests; and (ii) CORPORATION shall at its sole cost and expense cause any and all monetary liens to be removed from the Property within thirty (30) days.
f. CITY’s Rights. To accomplish the Purpose of this Covenant, CORPORATION hereby grants the following rights to CITY: (i) the right to enter upon the Property to monitor compliance with and to otherwise enforce the terms of this Covenant, (ii) the right to prevent any activity on or use of the Property that is inconsistent with the Use Restriction, Operational and Management Restriction, and/or Transfer Restriction (iii) the right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Covenant.
4. CITY’s Reserved Use Rights. CITY shall have the right to use the Property up to seven [7] days per calendar year (“CITY Reserved Use). CITY shall provide CORPRATION a minimum of thirty (30) days advanced notice stating the date or dates of intended use, the portions of the Property subject to CITY use, the hours of use, a description of the intended use, and the estimated number of attendees (“CITY Notice”). CITY shall not be charged any fee or costs for CITY’s use of the Property.
CITY Reserved Use shall not conflict with any scheduled use of the Property by the CORPORATION or third parties under contract with CORPORATION that conform to the Restrictive Covenants.
5. CORPORATION Duties. To accomplish the purpose of this Covenant, CORPORATION shall undertake the following duties and obligations, which shall not be assignable without the prior written approval of CITY: (i) undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with or may degrade or damage the Property or violate the permitted uses of the Property set forth in this Covenant and (ii) comply with the terms of this Covenant and cooperate with CITY in the protection and preservation of the Property.
5 6. Indemnification. To the maximum extent allowed by law, CORPORATION shall indemnify, defend, and hold harmless the CITY and its elective and appointive boards, commissions, officers, employees and agents (collectively “Indemnified Parties”), at CORPORATON’s sole cost and expense and with counsel reasonably selected by the Indemnified Parties and reasonably approved by CORPORATION, and hold the Indemnified Parties harmless from any and all claims (including claims under negligence and strict liability), demands, liability, losses, causes of actions and suits of any kind, administrative or judicial proceedings, orders, judgments, arising directly or indirectly out of (i) the performance by CORPORATION of its obligations under this Covenant, (ii) any failure by CORPORATION to fully and completely satisfy its obligations under this Covenant, or (iii) the use, occupancy, possession or operation of the Property by any persons.
7. Notices. All notices, statutory notices, demands, statements or communications given or required to be given by either party to the other hereunder shall be in writing, and shall be (i) sent by United States certified or registered mail, postage prepaid, return receipt requested, or (ii) sent by recognized overnight delivery service (such as, but not limited to, Federal Express, OHL or UPS) with tracking capability, or (iii) sent by facsimile transmission, so long as the facsimile machine of the sender produces a written confirmation of such transmission, or (iv) delivered personally, or (v) or to such other place as either party may from time to time designate in a notice to the other party. Any notice will be deemed given as follows: (1) three (3) business days following the date of deposit with the United States Mail, (2) on the first business day following the date of deposit with a recognized overnight delivery service (delivery charges prepaid or billed to sender) for next business day delivery, (3) on the same day, with a written confirmation produced by the facsimile machine of the sender, and if delivery occurs after 5:00 p.m. in the time zone of the recipient or on a non-business day, then such notice shall be deemed given on the first business day following the date of transmission, or (4) on the date personal delivery is made, if given by personal delivery.
TO CORPORATION:
Oildorado, Inc.
P.O. Box 522
Taft, CA 93268
Attention: Paul Linder
Telephone: ______________
TO CITY:
City of Taft
209 E. Kern Street
Taft, CA 93268
Attention: Craig Jones, City Manager
Telephone: 661-763-1222
WITH A COPY TO:
City of Taft
Attn: City Attorney
209 E. Kern Street
Taft, CA 93268
6 WITH A COPY TO:
Stradling Yocca Carlson & Rauth
660 Newport Center Drive
Suite 1600
Newport Beach, CA 92660
Attention: Vanessa Legbandt
Telephone: 949-725-4062
Facsimile: 949-823-5073
8. Successors and Assigns. Subject to CITY’s right to approve any sale or transfer of the Property, this Covenant and the restrictions created hereby shall be binding upon the CORPORATION and its successors and assigns and every successor in interest of the Property or any portion thereof or any interest therein, subject to the provisions of the Marketable Record Title Act, California Civil Code Sections 880.020 et seq.
9. Enforcement. If either party hereto fails to perform any of its obligations under this Covenant or if a dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Covenant, then the defaulting party or the party not prevailing in such dispute shall pay any and all costs and expenses incurred by the other party on account of such default and/or in enforcing or establishing its rights hereunder, including, without limitation, court costs and attorneys’ fees, disbursements, consultant fees and expert witness fees. Any such attorneys’ fees and other disbursements and fees incurred by either party in enforcing a judgment in its favor under this Covenant shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Covenant and to survive and not be merged into any such judgment.
10. Survival. This Covenant, which creates continuing obligations and duties of the CORPORATION, shall survive Close of Escrow and transfer of title to CORPORATION and shall continue to be binding on the CORPORATION and CITY in accordance with its terms.
11. Severability. If any of the provisions of this Covenant are held to be unenforceable, then each such provision will be modified to reflect and accomplish the CITY’S and CORPORATION'S intentions, as set forth in this Covenant, to the maximum extent permitted by law.
All remaining provisions of this Covenant, moreover, shall remain in full force and effect.
12. Conflict. In the event of an inconsistency between this Covenant and the Agreement, the terms and conditions of this Covenant shall govern and control.
13. Separate Counterparts. This Covenant may be executed in separate counterparts each of which when so executed shall be deemed to be an original. Such counterparts shall, together, constitute and be one and the same instrument.
(SIGNATURE PAGES FOLLOW)
7 IN WITNESS WHEREOF, the parties have executed this Covenant as of the day and year first above written.
CITY
THE CITY OF TAFT, a municipal corporation
By: ____________________________
Name: _________________________
Its: ____________________________
ATTESTED
By: ____________________________
Name: _________________________
Its:
CORPORATION
OILDORADO, INC., a California mutual benefit corporation By: ____________________________
Name: _________________________
Its:
By: ____________________________
Name: _________________________
Its: ____________________________
[Signatures by two (2) Corporation officers are required unless Tenant has provided Landlord with a corporate resolution authorizing a single officer to sign.]
8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CORPORATION OF CALIFORNIA )
) ss.
COUNTY OF KERN )
On ________________ before me, _______________________________________, Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the CORPORATION of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CORPORATION OF CALIFORNIA )
) ss.
COUNTY OF KERN )
On _______________ before me, ________________________________________, Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CORPORATION OF CALIFORNIA )
) ss.
COUNTY OF KERN )
On _________________ before me, ____________________________________, Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
11 EXHIBIT A
Legal Description of Property
The land described herein is situated in the State of California, County of Kern, City of Taft, described as follows:
Lots 25 through 32, inclusive, in Block 7 of the Town of Moron (now the City of Taft), in the City of Taft, county of Kern, State of California, as per map recorded July 1, 1909 in Book 1, Page 120 of Maps, in the office of the County Recorder of said county.
Excepting therefrom all oil, gas and other hydrocarbon substances in, on and under said land, as reserved in previous deeds of record.
(APNs: 031-070-05, 06, 07, 08)
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 ENGINEERS REPORT SUMMARY STATEMENT:
The funds from Maintenance District No. 1 are collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. These assessments, when collected, will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, lighting and drainage of the Maintenance District.
It is necessary to complete an Engineer’s Report annually to evaluate the annual assessment on the lots within the Maintenance District and to add new lots to the Maintenance district if needed. The City Engineer has prepared an Engineer’s Report for Landscape Maintenance District No. 1, in accordance with Section 22623 of the Streets and Highway Code. The Engineer’s Report is available for review.
Staff has prepared the attached resolution for Council to receive the Engineer’s Report and to set the Public Hearing for July 19, 2022 at 6:00 p.m. for Council consideration of any improvements and fees for Landscape Maintenance District No. 1. The resolution also directs the City Clerk to publish the resolution at least 10 days prior to the public hearing.
RECOMMENDED ACTION
Motion to 1) receive 2022-2023 Engineer’s Report for Landscape Maintenance District No. 1; and 2) adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
DECLARING ITS INTENTION TO REVIEW THE IMPROVEMENTS AND FEES FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 AND SET THE PUBLIC HEARING FOR JULY 19, 2022.
IMPACT ON BUDGET (Y/N): Revenue for Landscape District
ATTACHMENT (Y/N): Yes, Resolution & Engineers Report
PREPARED BY: City Clerk
RESOLUTION NO. 4153-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
DECLARING ITS INTENTION TO REVIEW THE IMPROVEMENTS AND
FEES FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 AND SET THE PUBLIC HEARING FOR JULY 19, 2022
WHEREAS, the City of Taft is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and
WHEREAS, the City approved Landscape and Lighting Maintenance District No.1 on June 15, 1993 in accordance with the Landscape and Lighting Act of 1972 as found in the California Streets and Highways Code Section 22500 et seq. (the Act); and
WHEREAS, the Landscaping and Lighting Act of 1972 requires the annual assessment of existing Districts; and
WHEREAS, the maintenance district has been formed pursuant to the Landscaping and Lighting Act of 1972, and have been brought into compliance with Proposition 218; and WHEREAS, the City Engineer has filed the Engineer’s Report with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Taft, does hereby find, resolve, determine and order as follows:
Section 1. The Engineer’s Report is received.
Section 2. A public hearing is to be held at 6:00 p.m., Tuesday, July 19, 2022.
Section 3. The City Clerk shall give notice by causing this resolution of intention to be published pursuant to Sections 22552 and 22553 of the California Streets and Highways Code.
PASSED, APPROVED, AND ADOPTED this 21st day of June 2022.
Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA}
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 21st day of June 2022, by the following vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Darnell Porter, CMC
Deputy City Clerk
ENGINEER'S REPORT AND ASSESSMENT
CITY OF TAFT
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1
Fiscal Year 2022-2023
TRACT 5574
TRACT 5956 UNIT I
TRACT 5956 UNIT II
TRACT 5956 UNIT III
TRACT 6114
TRACT 6501
TRACT 7227 PHASE 1 AND 2
PREPARED BY:
BHT ENGINEERING, INC.
218 S. H St. Ste. 201
BAKERSFIELD, CA. 93304
(661) 558-4641
DATE:
JUNE 2022
CONTENTS
ENGINEER'S REPORT AND ASSESSMENT ............................................................................................... 1 ENGINEER OF WORK STATEMENT ......................................................................................................... 1 A) Plans and Specifications for the Improvements ........................................................................................ 2 B) Estimate of The Cost of the Improvements ............................................................................................... 2 C) Diagram of The Assessment District ......................................................................................................... 2 D) Assessment of The Estimated Costs of The Improvements ..................................................................... 2 E) Tract Diagrams .......................................................................................................................................... 2 F) Findings ...................................................................................................................................................... 2 EXHIBIT "A" ........................................................................................................................................ 3 EXHIBIT "C" ........................................................................................................................................ 5 EXHIBIT "D" ........................................................................................................................................ 9 PROPOSITION 218 BENEFIT ANALYSIS .................................................................................................. 9 Special Benefit ............................................................................................................................................ 9 General Benefit ........................................................................................................................................... 9 EXHIBIT "E" ....................................................................................................................................... 10 TRACT 5574-1 ............................................................................................................................................. 11 TRACT 5956 UNIT 1 .................................................................................................................................... 12 TRACT 5956 UNIT 2 .................................................................................................................................... 13 TRACT 5956 UNIT 3 .................................................................................................................................... 14 TRACT 6114 ................................................................................................................................................ 15 TRACT 6501 ................................................................................................................................................ 16 TRACT 7227 PHASE 1 ................................................................................................................................ 17 TRACT 7227 PHASE 2 ................................................................................................................................ 18 EXHIBIT "F" ....................................................................................................................................... 19 APPENDIX “A” tract location maps .............................................................................................................. 20
CITY OF TAFT
ENGINEER'S REPORT
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated: 2022 By:
Juan M. Pantoja, PE - Engineer of Work
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached was filed with me on the day of 2022.
City Clerk of the City of Taft
Kern County, California
By: ___________________________________
Yvette Mayfield
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Taft, California, on the day of ,2022.
City Clerk of the City of Taft
Kern County, California
By:___________________________________
Yvette Mayfield
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Kern, State of California, on the day of ,2022.
City Clerk of the City of Taft
Kern County, California
By: ___________________________________
Yvette Mayfield
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ENGINEER OF WORK STATEMENT
CITY OF TAFT
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT No. 1
I, Juan M. Pantoja, Engineer of Work for Landscape and Lighting Maintenance District No. 1 (District), City of Taft, Kern County, California, make this report as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The City of Taft annually levies and collects special assessments in order to maintain the improvements which are subject to this report and are briefly described as follows:
1. The maintenance, repair, replacement and operating expenses associated with all street lights within the boundaries of the District as shown on the Street Improvement Plans for Tract 5574, Tract 5956 Unit I, Tract 5956 Unit II, Tract 5956 Unit III, Tract 6114, Tract 6501 and Tract 7227 Phases 1 and 2.
2. The servicing, operation, maintenance, repair and replacement of the designated landscaping, including park landscaping, sound walls and appurtenant facilities within the Boundaries of the District.
3. The Engineer’s Report for Landscape and Lighting Maintenance District No. 1 includes landscaped areas as given in maps that are on file at City Hall with the City Clerk of the City of Taft and is made a part of this report by reference (as Exhibit “E”) The Engineer’s Report describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2022/2023. The District budget identifies the estimated expenditures, deficits, surpluses, revenues and fund balances used to review the annual assessment for parcels within the District. The word “parcel” for the purposes of this Engineer’s Report refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Kern County Assessor’s Office.
The Kern County Auditor/Controller uses APNs and specific fund numbers to identify properties assessed for the landscape maintenance district on the tax roll.
The City Council will review the Engineer’s Report and may order amendments to the Engineer’s Report or confirm it as submitted. Following final approval of the Engineer’s Report and confirmation of the assessments, the City Council will order the levy and collection of assessments for Fiscal Year 2022/2023 as outlined in the Engineer’s Report. The assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2022/2023.
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This report consists of six parts as follows:
A) PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS
Plans and specifications for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are part of this report and are included in entirety by reference. The plans show the general nature, location, and extent of the improvements.
B) ESTIMATE OF THE COST OF THE IMPROVEMENTS
An estimate of the cost of improvements.
C) DIAGRAM OF THE ASSESSMENT DISTRICT
An assessment of the estimated cost of the improvements on each benefited parcel of land within the District. Being a list showing the Tract Number, Lot number, Landscape and Lighting District Assessment Number, Assessor's Parcel Number, names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, as per records on file at the Kern County Assessor’s Office as of May 2022, or as known to the Clerk, and the Assessment for each parcel for the 2022/2023 Tax year. This listing is keyed to the lots by assessment number as shown in "EXHIBIT E".
D) ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS A statement of the method by which the undersigned has determined the amount proposed to be assessed to each parcel of land within the District.
E) TRACT DIAGRAMS
Tract diagrams showing all of the parcels of real property within the assessment district. The diagram is keyed to Exhibit "C" by assessment number.
F) FINDINGS
A statement of findings with respect to the continuation of assessments for this Landscaping and Lighting Maintenance District No. 1, in compliance with Proposition 218 of the State of California, that went into effect July 1, 1997.
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EXHIBIT "A"
DESCRIPTION OF IMPROVEMENTS
(Pursuant to the Landscaping and Lighting Act of 1972)
Tract 5574 (Lots 1 through 28)
Tract 5956 Unit I (Lots 1 through 14)
Tract 5956 Unit II (Lots 1 through 14)
Tract 5956 Unit III (Lots 1 through 20)
Tract 6114 (Lots 1-7)
Tract 6501 (Lots 1 – 13)
Tract 7227 Phase 1 (Lots 1-32) Phase 2 (Lots 1-16)
Plans for the improvements have been filed separately with the Clerk of the legislative body and are incorporated in this report by reference.
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EXHIBIT "C"
ASSESSMENT ROLL FUND 20556
Tract
# Phase Lot No. Tax Number Situs Address Assessment Flat Amount 5574 1 03262101003 619 GRAYDON AVE $ 86.00
5574 2 03262102006 615 GRAYDON AVE $ 86.00
5574 3 03262103009 611 GRAYDON AVE $ 86.00
5574 4 03262104002 607 GRAYDON AVE $ 86.00
5574 5 03262105005 603 GRAYDON AVE $ 86.00
5574 6 03262201000 620 GRAYDON AVE $ 86.00
5574 7 03262202003 616 GRAYDON AVE $ 86.00
5574 8 03262203006 612 GRAYDON AVE $ 86.00
5574 9 03262204009 608 GRAYDON AVE $ 86.00
5574 10 03262205002 604 GRAYDON AVE $ 86.00
5574 11 03262206005 619 WESTOVER AVE $ 86.00
5574 12 03262207008 615 WESTOVER AVE $ 86.00
5574 13 03262208001 611 WESTOVER AVE $ 86.00
5574 14 03262209004 607 WESTOVER AVE $ 86.00
5574 15 03262210006 603 WESTOVER AVE $ 86.00
5574 16 03262301007 620 WESTOVER AVE $ 86.00
5574 17 03262302000 616 WESTOVER AVE $ 86.00
5574 18 03262303003 612 WESTOVER AVE $ 86.00
5574 19 03262304006 608 WESTOVER AVE $ 86.00
5574 20 03262305009 604 WESTOVER AVE $ 86.00
5574 21 03262306002 600 WESTOVER AVE $ 86.00
5574 22 03262307005 700 MALLORY CT. $ 86.00
5574 23 03262308008 704 MALLORY CT. $ 86.00
5574 24 03262309001 708 MALLORY CT. $ 86.00
5574 25 03262310003 712 MALLORY CT. $ 86.00
5574 26 03262311006 716 MALLORY CT. $ 86.00
5574 27 03262401004 720 MALLORY CT. $ 86.00
5574 28 03262403000 724 MALLORY CT. $ 86.00
5956 PH1 1 03263101006 108 BRANDON AVE. $ 86.00
5956 PH1 2 03263102009 106 BRANDON AVE. $ 86.00
5956 PH1 3 03263103002 104 BRANDON AVE. $ 86.00
5956 PH1 4 03263104005 102 BRANDON AVE. $ 86.00
5956 PH1 5 03263105008 100 BRANDON AVE. $ 86.00
5956 PH1 6 03263201003 728 MALLORY CT. $ 86.00
5956 PH1 7 03263202006 806 MALLORY CT. $ 86.00
5956 PH1 8 03263203009 800 MALLORY CT. $ 86.00
5956 PH1 9 03263204002 810 MALLORY CT. $ 86.00
5956 PH1 10 03263301000 101 BRANDON AVE. $ 86.00
5956 PH1 11 03263302003 103 BRANDON AVE. $ 86.00
5956 PH1 12 03263303006 100 BRANDON AVE. $ 86.00
5956 PH1 13 03263304009 107 BRANDON AVE. $ 86.00
5956 PH1 14 03263305002 109 BRANDON AVE. $ 86.00
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Tract
# Phase Lot No. Tax Number Situs Address
Assessment
Flat Amount
5956 PH2 1 03264101009 108 LEE ST. $ 86.00
5956 PH2 2 03264102002 106 LEE ST. $ 86.00
5956 PH2 4 03264104008 102 LEE ST. $ 86.00
5956 PH2 5 03264105001 100 LEE ST. $ 86.00
5956 PH2 6 03264201006 812 MALLORY CT. $ 86.00
5956 PH2 7 03264202009 814 MALLORY CT. $ 86.00
5956 PH2 8 03264203002 816 MALLORY CT. $ 86.00
5956 PH2 9 03264204005 818 MALLORY CT. $ 86.00
5956 PH2 10 03264301003 101 LEE ST. $ 86.00
5956 PH2 11 03264302006 103 LEE ST. $ 86.00
5956 PH2 12 03264303009 105 LEE ST. $ 86.00
5956 PH2 13 03264304002 107 LEE ST. $ 86.00
5956 PH2 14 03264305005 109 LEE ST. $ 86.00
5956 PH3 1 03265101002 108 JAMES AVE. $ 86.00
5956 PH3 2 03265102005 106 JAMES AVE. $ 86.00
5956 PH3 3 03265103008 104 JAMES AVE. $ 86.00
5956 PH3 4 03265104001 102 JAMES AVE. $ 86.00
5956 PH3 5 03265105004 100 JAMES AVE. $ 86.00
5956 PH3 6 03265201009 820 MALLORY CT. $ 86.00
5956 PH3 7 03265202002 822 MALLORY CT. $ 86.00
5956 PH3 8 03265203005 824 MALLORY CT. $ 86.00
5956 PH3 9 03265204008 826 MALLORY CT. $ 86.00
5956 PH3 10 03265306001 101 JAMES AVE. $ 86.00
5956 PH3 11 03265307004 103 JAMES AVE. $ 86.00
5956 PH3 12 03265303002 105 JAMES AVE. $ 86.00
5956 PH3 13 03265304005 107 JAMES AVE. $ 86.00
5956 PH3 14 03265305008 109 JAMES AVE. $ 86.00
5956 PH3 15 03265407001 111 TERRACE DR. $ 86.00
5956 PH3 16 03265408004 109 TERRACE DR. $ 86.00
5956 PH3 17 03265409007 107 TERRACE DR. $ 86.00
5956 PH3 18 03265410009 105 TERRACE DR. $ 86.00
5956 PH3 19 03265411002 103 TERRACE DR. $ 86.00
5956 PH3 20 03265406008 101 TERRACE DR. $ 86.00
6114 1 03266101005 106 SAGE ST. $ 86.00
6114 2 03266102008 104 SAGE ST. $ 86.00
6114 3 03266103001 102 SAGE ST. $ 86.00
6114 4 03266104004 100 SAGE ST. $ 86.00
6114 5 03266201002 101 SAGE ST. $ 86.00
6114 6 03266202005 103 SAGE ST. $ 86.00
6114 7 03266203008 105 SAGE ST. $ 86.00
6501 1 03268101001 313 AMBER ST. $ 86.00
6501 2 03268102004 311 AMBER ST. $ 86.00
6501 3 03268103007 309 AMBER ST. $ 86.00
6501 4 03268104000 307 AMBER ST. $ 86.00
6501 5 03268105003 305 AMBER ST. $ 86.00
6501 6 03268106006 303 AMBER ST. $ 86.00
6501 7 03268107009 301 AMBER ST. $ 86.00
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Tract
# Phase Lot No. Tax Number Situs Address
Assessment
Flat Amount
6501 8 03268201008 300 AMBER ST. $ 86.00
6501 9 03268202001 302 AMBER ST. $ 86.00
6501 10 03268203004 304 AMBER ST. $ 86.00
6501 11 03268204007 306 AMBER ST. $ 86.00
6501 12 03268205000 308 AMBER ST. $ 86.00
6501 13 03268206003 310 AMBER ST. $ 86.00
7227 PH1 1 03269101004 702 SANDY CREEK AVE $ 86.00
7227 PH1 2 03269102007 706 SANDY CREEK AVE $ 86.00
7227 PH1 3 03269103000 710 SANDY CREEK AVE $ 86.00
7227 PH1 4 03269104003 714 SANDY CREEK AVE $ 86.00
7227 PH1 5 03269107006 718 SANDY CREEK AVE $ 86.00
7227 PH1 6 03269201001 431 HILLARD ST $ 86.00
7227 PH1 7 03269202004 427 HILLARD ST $ 86.00
7227 PH1 8 03269203007 423 HILLARD ST $ 86.00
7227 PH1 9 03269204000 419 HILLARD ST $ 86.00
7227 PH1 10 03269205003 415 HILLARD ST $ 86.00
7227 PH1 11 03269206006 409 HILLARD ST $ 86.00
7227 PH1 12 03269207009 405 HILLARD ST $ 86.00
7227 PH1 13 03269208002 401 HILLARD ST $ 86.00
7227 PH1 14 03269209005 702 RIVERWALK AVE $ 86.00
7227 PH1 15 03269210007 706 RIVERWALK AVE $ 86.00
7227 PH1 16 03269211000 710 RIVERWALK AVE $ 86.00
7227 PH1 17 03269212003 402 PALM ST $ 86.00
7227 PH1 18 03269213006 406 PALM ST $ 86.00
7227 PH1 19 03269214009 410 PALM ST $ 86.00
7227 PH1 20 03269215002 414 PALM ST $ 86.00
7227 PH1 21 03269216005 418 PALM ST $ 86.00
7227 PH1 22 03269217008 422 PALM ST $ 86.00
7227 PH1 23 03269218001 426 PALM ST $ 86.00
7227 PH1 24 03269301008 427 PALM ST $ 86.00
7227 PH1 25 03269302001 423 PALM ST $ 86.00
7227 PH1 26 03269303004 419 PALM ST $ 86.00
7227 PH1 27 03269304007 415 PALM ST $ 86.00
7227 PH1 28 03269305000 409 PALM ST $ 86.00
7227 PH1 29 03269306003 405 PALM ST $ 86.00
7227 PH1 30 03269307006 401 PALM ST $ 86.00
7227 PH1 31 03269308009 718 RIVERWALK AVE $ 86.00
7227 PH1 32 03269311007 722 RIVERWALK AVE $ 86.00
8 | Page
Tract No. Phase Lot No. Tax
Number
Situs Address Assessment
Flat Amount
7227 PH 2 1 03270101006 730 Sandy Creek Ave $ 86.00
7227 PH 2 2 03270102009 726 Sandy Creek Ave $ 86.00
7227 PH 2 3 03270103002 722 Sandy Creek Ave $ 86.00
7227 PH 2 4 03270201003 422 Diamond St $ 86.00
7227 PH 2 5 03270202006 418 Diamond St $ 86.00
7227 PH 2 6 03270203009 414 Diamond St $ 86.00
7227 PH 2 7 03270204002 410 Diamond St $ 86.00
7227 PH 2 8 03270205005 406 Diamond St $ 86.00
7227 PH 2 9 03270206008 402 Diamond St $ 86.00
7227 PH 2 10 03270207001 726 Riverwalk Ave $ 86.00
7227 PH 2 11 03270301000 730 Riverwalk Ave $ 86.00
7227 PH 2 12 03270302003 401 Diamond St $ 86.00
7227 PH 2 13 03270303006 405 Diamond St $ 86.00
7227 PH 2 14 03270304009 409 Diamond St $ 86.00
7227 PH 2 15 03270305002 415 Diamond St $ 86.00
7227 PH 2 16 03270306005 419 Diamond St $ 86.00
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EXHIBIT "D"
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Per Article 4 Section 53087.4(a)(1) of the Government Code. The formula used to calculate the amount spread to all parcels within the District for landscaping employs the basis “assessment unit” (AU). The AU is given a value of one (1) for a single family detached residential parcel with public streets and public streetlights.
From this base the remaining parcels are related according to their equivalent benefit within the District.
The assessment formula is shown on Exhibit “B”.
PROPOSITION 218 BENEFIT ANALYSIS
Special Benefit
The continuing maintenance of landscaped areas in the District provides direct benefits to the properties within each respective Tract and provides a more pleasant environment to live, drive, walk, and work. The main function of these landscape improvements and related elements is to serve as a visually pleasing enhancement for the benefit of the adjoining developments for which the upgrades were constructed. These landscape improvements are an essential part of the physical environment of parcels in the district, and if not properly maintained these parcels would be aesthetically affected. As a result, the maintenance of these landscaped improvements is a particular and distinct benefit to the properties located in a district.
The lighting and landscape improvements are local improvements that were installed in connection with the development of properties in each respective Tract or are improvements that would otherwise be shared by and required for the future development of properties in these Tracts. The maintenance of these improvements and the level of conservation provided, only has a direct and particular impact on those properties (special benefit) and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no identifiable benefit to the public at large or properties outside each respective Tract.
General Benefit
There is no general benefit provided by the maintenance of the improvements provided in the LLMD #1. All expenses used to calculate the LLMD #1 assessment support the provision of a specific benefit to the parcels paying the assessment and no expenses included provide a general benefit to properties outside the assessment district.
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EXHIBIT "E"
TRACT DIAGRAMS
LEGEND:
MAINTAINED LANDSCAPE
STREETLIGHT
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TRACT 5574-1
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TRACT 5956 UNIT 1
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TRACT 5956 UNIT 2
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TRACT 5956 UNIT 3
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TRACT 6114
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TRACT 6501
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TRACT 7227 PHASE 1
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TRACT 7227 PHASE 2
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EXHIBIT "F"
STATEMENT OF FINDINGS
WITH RESPECT TO PROPOSITION 218
(Effective July 1, 1997)
CITY OF TAFT
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT No. 1
I. All properties comprising Landscape and Lighting Maintenance District No. 1 were entered into the District by the Developers of those Tracts as per the "Conditions of Approval" for recordation of those Tracts, and per the Landscape and Lighting Act of 1972.
II. Tract 5574 was included in and established the Landscape and Lighting Maintenance District No. 1 on June 15, 1993.
III. Tract 5956 Unit I was included in the Landscape and Lighting Maintenance District No. 1 on July 3, 2001.
IV. Tract 5956 Unit II was included in the Landscape and Lighting Maintenance District No. 1 on July 16, 2003.
V. Tract 5956 Unit III was included in the Landscape and Lighting Maintenance District No. 1 on June 17, 2003.
VI. Tract 6114 was included in the Landscape and Lighting Maintenance District No. 1 on January 5, 2005.
VII. Tract 6501 was included in the Landscape and Lighting Maintenance District No. 1 on June 8, 2005.
VIII. Tract 7227 Phase 1 was included in the Landscape and Lighting Maintenance District No. 1 on February 22, 2016.
IX. Tract 7227 Phase 2 was included in the Landscape and Lighting Maintenance District No. 1 on July 16, 2019
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ATTACHMENTS
APPENDIX “A” TRACT LOCATION MAPS
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TRACT 5574
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TRACT 5956-1 SITE PLAN
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otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. reference only. Data layers that appear on this map may or may not be accurate, current, or This map is a user generated static output from an Internet mapping site and is for general Scale: 1:4,629
Map center: 6119611, 2239648
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TRACT 5956-2 SITE PLAN
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otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. reference only. Data layers that appear on this map may or may not be accurate, current, or This map is a user generated static output from an Internet mapping site and is for general Scale: 1:4,629
Map center: 6119611, 2239648
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TRACT 5956-3 SITE PLAN
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otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. reference only. Data layers that appear on this map may or may not be accurate, current, or This map is a user generated static output from an Internet mapping site and is for general Scale: 1:4,629
Map center: 6119611, 2239648
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TRACT 6114 SITE MAP
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otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. reference only. Data layers that appear on this map may or may not be accurate, current, or This map is a user generated static output from an Internet mapping site and is for general Scale: 1:4,629
Map center: 6119611, 2239648
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TRACT 6501
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Map center: 6124991, 2239632
Hil al rd St
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 21, 2021
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
CANCELLATION OF JULY 5, 2022 CITY COUNCIL MEETING
SUMMARY STATEMENT:
The next regularly scheduled meeting for City Council is July 5, 2022. This meeting falls the day after a holiday and during a time many families’ vacations. In preparation for this time, staff has put forward every effort to agendize all current city business to be handled prior to this meeting, thus accommodating the cancellation of the July 5th meeting if there is a lack of business.
If there is in fact business with urgency that would warrant a meeting, staff will move forward to contact council members regarding scheduling the meeting.
RECOMMENDED ACTION
Motion to approve the cancellation of the July 5, 2022 City Council Meeting.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Office of the City Clerk
REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
SPECIAL EVENT PERMIT AND ENCROACHMENT PERMIT FOR THE TAFT 4TH OF JULY FIREWORKS SPECTACULAR BY TAFT CHAMBER OF COMMERCE ON SATURDAY, JULY 2, 2022 SUMMARY STATEMENT:
Staff received a letter from Taft Chamber of Commerce requesting to host a Fireworks Spectacular show back to the Rails to Trails area. The Chamber will be setting up the event on Saturday, July 2, 2022, starting at 7:00AM, with the fireworks show at 9:00 PM, and the event will be taken down on Saturday, July 2, 2022 by midnight. The fireworks launch site will be along Supply Row between 2nd and 4th Streets. The event will include a band performing on the stage prior to the fireworks show and immediately following the show, vendors and bounce houses will be set up along the Rails to Trails, along with a beer garden.
The Taft Chamber of Commerce has met with the Project Assistance Team, including Taft Police and Kern County Fire departments, who have reviewed the plan and addressed all logistical and safety concerns. The applicant is requesting street closures at Supply Row and the Rails to Trails path from between 2nd and 4th Streets beginning at 7:00 AM, to provide for the needed safety zone for the fireworks launch area, and at Sixth Street from Supply Row to Main Street beginning at 3:00 PM to allow safe pedestrian movement around the Rails to Trails stage. Parking will be provided at multiple locations, including dirt lots along Supply Row and Main Street from 10th Street to 4th Street.
The Chamber is requesting the Special Event and Encroachment fees be waived consistent with the Memorandum of Understanding with the City.
Conditions of approval:
1. $1,000,000 liability insurance naming City of Taft as additional insured
2. Trash receptacles
3. Portable chemical toilets
4. All vendors shall have City of Taft business licenses, authorized by Taft Chamber of Commerce RECOMMENDED ACTION:
Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2022-04 AND AN ENCROACHMENT PERMIT FOR THE TAFT
FIREWORKS SPECTACULAR BY TAFT CHAMBER OF COMMERCE ALONG THE RAILS TO TRAILS, AND THE CLOSURE OF SUPPLY ROW AND RAILS TO TRAILS FROM 2ND TO 4TH STREETS, AND 6TH STREET FROM SUPPLY ROW TO MAIN STREET ON SATURDAY, JULY 2, 2022.
FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution, Letter of Intent, Site Plan, Encroachment Permit, Hold Harmless Agreement,
PREPARED BY: Mark Staples, Director, Planning & Development Services RESOLUTION NO. 4154-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2022-04 AND ENCROACHMENT PERMIT FOR THE
TAFT FIREWORKS SPECTACULAR BY THE TAFT CHAMBER OF COMMERCE
ALONG THE RAILS TO TRAILS, AND THE CLOSURE OF SUPPLY ROW AND RAILS TO TRAILS FROM 2ND TO 4TH STREETS, AND 6TH STREET FROM SUPPLY ROW TO MAIN STREET ON SATURDAY, JULY 2, 2022
WHEREAS, the Taft Chamber of Commerce has submitted a letter requesting to hold a Fireworks Show at the Rails to Trails area and on City property along Supply Row between 2nd and 4th Streets on Saturday, July 2, 2022, from 5:00 PM to 11:00 PM; and WHEREAS, the Taft Chamber of Commerce has submitted an Encroachment Permit requesting the closure of Supply Row and the Rails to Trails path between 2nd and 4th Streets beginning at 7:00AM until 11:00PM, and 6th Street from Supply Row to Main Street from 3:00PM to 11:00PM on Saturday, July 2, 2022; and
WHEREAS, the Taft Chamber of Commerce requests that all Special Event and Encroachment Permit fess shall be waived consistent with the MOU, dated December 18, 2012, between the City of Taft and the Taft District Chamber of Commerce; and
WHEREAS, The Chamber of Commerce shall be responsible for providing sufficient trash receptacles and portable chemical toilets, and shall clean up all trash and debris at the conclusion of the event; and ensuring all vendors hold business licenses with the City of Taft.
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event as follows:
SECTION 1. The City Council hereby makes the following Special Event findings:
1. The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
2. The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.
SECTION 2. The City Council hereby approves Special Event No. 2022-04 and Encroachment Permit with the conditions of approval set forth in this resolution as follows:
1. The Special Event is approved for the following times:
Set-up and Street Closures: Saturday, July 2, 2022, beginning at 7:00 AM Event time: Saturday, July 2, 2022, from 5:00 PM to 11:00 PM Breakdown of event: Saturday, July 2, 2022 by 11:59 PM
Resolution No. 4154-22
2. The applicant shall provide sufficient evidence of $1,000,000 liability insurance naming City of Taft as additional insured.
3. The applicant shall provide sufficient trash receptacles in the event area and shall remove all trash from the area at the conclusion of the special event.
4. The applicant shall provide sufficient portable chemical toilets in the event area.
5. All Taft Chamber approved vendors of the special event shall have a business license with the City of Taft. No vendor shall be issued a business license without authorization by the Chamber.
6. The Taft Chamber approved alcohol vendor for this event shall submit for their own and receive approval for an Encroachment Permit to serve on City property.
PASSED, APPROVED, AND ADOPTED this 21st day of June, 2022 Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA}
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 21st day of June 2022, by the following vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Darnell Porter, CMC
Deputy City Clerk
Taft 4th of July Fireworks Show - July 2, 2022
4,514
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0 0.07 0.1 Miles Notes This map is a user generated static output from an Internet mapping site and is for general reference only. The County of Kern assumes no liability for damages, incurred by the user of this information, which occur directly or indirectly as a result of errors, omissions or discrepancies in the information.
Roads 3k-5k
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REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PROFESSIONAL SERVICES AGREEMENT AMENDMENT #2 WITH RICK ENGINEERING COMPANY FOR THE SB2/PGP, LEAP, AND REAP PLANNING GRANT PROJECTS – DOWNTOWN TAFT SPECIFIC PLAN
AND ZONING ORDINANCE AMENDMENT TO ACCELERATE HOUSING PRODUCTION SUMMARY STATEMENT:
On April 20, 2021, the Taft City Council approved a professional services agreement with Rick Engineering Company (“Rick”) to prepare the Downtown Taft Specific Plan and Zoning Ordinance Amendment to accelerate housing production. The Planning Director has been working with Rick completing the assessment phase, conducting three workshops, setting up a project website posting documents and workshop materials, and completed a first draft of Specific Plan. The Downtown Taft Specific Plan needs to incorporate more graphics into the final document, particularly producing more images depicting what the downtown area may look like after implementing the plan. Rick Engineering’s subconsultant, CityThinkers, has produced renderings of two potential developments at Supply Row and 4th Street along with streetscape renderings. This additional request will produce 3D renderings in a conceptual sketch-like style of a buildout scenario of the vacant areas along Rails to Trails and other large properties in the downtown area. This will add an additional $10,000 onto the project budget, which stays within the overall budget approved for the SB2 and LEAP projects, including the supplement REAP grant from KernCOG.
Company Downtown Taft
Specific Plan
Zoning Ord
Amendment
Public
Engagement CEQA Additional Graphics* Total
Rick Engineering
Company $145,535 $17,360 $62,880 $32,535 $10,000* $258,310$268,310 The City of Taft received two planning grants from the State Department of Housing and Community Development (HCD) with the purpose of accelerating housing production. On April 8, 2020, the City was awarded $160,000 through the Senate Bill 2 Planning Grants Program (PGP), and on December 28, 2020, was awarded $65,000 through the Local Early Action Planning (LEAP) Grant Program. On September 22, 2021, the City was approved for $10,000 of Regional Early Action Planning (REAP) grant funds from KernCOG to supplement the LEAP award. The City Council previously, starting the 2017-18 budget year, approved $80,000 of additional funding to cover project costs beyond the grant amounts. This amendment will result in the utilization of $33,310 of those funds.
RECOMMENDED ACTION:
Motion to amend the Professional Services Agreement with Rick Engineering Company for the Downtown Taft Specific Plan for additional graphics work to develop 3D renderings of development scenarios, increasing the overall project budget $10,000, in an updated amount not to exceed $268,310 FUNDING SOURCE: SB2/PGP Grant $160,000, LEAP Grant $65,000, KernCOG REAP Grant $10,000 and City Council approved funding up to $80,000 over two budget years ATTACHMENT (Y/N): Amended Professional Services Agreement #2, Rick Engineering Company Approved Cost Breakdown (Attachment 1), RICK Contract Addendum (Attachment 2), CityThinkers Revised Scope/Contract Amendment (Attachment 3) PREPARED BY: Mark Staples, Director, Planning & Community Development Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 1 of 16 AMENDED AGREEMENT #2
DOWNTOWN TAFT SPECIFIC PLAN – SB2 Planning Grant # 19-PGP-13391 ZONING ORDINANCE AMENDMENT – LEAP Grant # 20-LEAP-15074 ARTICLE I. INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:
The name of the CONSULTANT is as follows: Rick Engineering Company The Project Manager for the “CONSULTANT” will be: Brooke Peterson The name of the “CITY” is as follows: City of Taft
The Contract Administrator for the CITY will be: City Manager B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT’s Cost Proposal dated March 18, 2021, Addendum 1 dated July 15, 2021, and Addendum 2 dated May 23, 2022. The approved CONSULTANT’s Cost Proposal, Addendum 1, and Addendum 2 is attached hereto (Attachment 1, 2, and 3) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse the CITY for any expenditure, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of the CITY.
E. Without the written consent of the CITY, this contract is not assignable by CONSULTANT either in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 2 of 16 ARTICLE II. STATEMENT OF WORK
A. Consultant Services
CONSULTANT shall provide professional services to the CITY. This includes, but is not limited to: conduct a preliminary assessment; hold a kickoff meeting(s); draft opportunities and constraints memo with market analysis; draft a Downtown Taft Specific Plan; with land use alternatives, with economic pro forma memo, design guidelines and design standards, consistent with the SB2/PGP Planning Grant housing goals; prepare a General Plan Amendment, and resolution, for the Specific Plan; prepare a Draft and Final Zoning Ordinance Amendment that fulfills the LEAP Grant housing goals; develop a Public Engagement Plan with four (4) Workshops that develop the project’s vision, procures input from the public and stakeholders, guides the development of the Specific Plan and Zoning Ordinance Amendment; complete the necessary CEQA analysis and review; and complete the necessary approval and adoptions required by the Taft Planning Commission and City Council. CITY will pay for direct project advertisement costs.
B. Downtown Taft Specific Plan
CONSULTANT shall perform the items listed in Section A above to complete the Downtown Taft Specific Plan document. This includes all preliminary assessment work, public engagement, CEQA analysis, review and filing, publication of said Specific Plan, including all graphics, General Plan Amendment, and draft resolution necessary for review and approval by the Taft Planning Commission and City Council. All work performed and completed shall be consistent with the SB2/PGP Planning Grant housing goals and #19- PGP-13391 Standard Agreement provisions.
C. Zoning Ordinance Amendment
CONSULTANT shall perform the items listed in Section A above to complete a Zoning Ordinance Amendment to various chapters and sections of Title 6 of the Taft Municipal Code. This includes a preliminary assessment of Title 6 focusing on improving zoning regulations to accelerate housing production, public engagement, draft versions of proposed amendments of chapters and sections, ensure Accessory Dwelling Unit (ADU) standards are consistent with state law, ensure consistency with the Specific Plan adoption, and draft resolution and ordinance necessary for review and approval by the Taft Planning Commission and City Council. All work performed and completed shall be consistent with the LEAP Grant housing goals and #20-LEAP-15074 Standard Agreement provisions.
D. California Environmental Quality Act (CEQA) Compliance CONSULTANT shall perform the items listed in Section A above to complete the necessary CEQA analysis, review, and filing needed for the adoption of the Downtown Taft Specific Plan and Zoning Ordinance Amendment. The CEQA analysis and review shall be consistent with the SB2/PGP Planning Grant and LEAP Grant goals of streamlining housing project reviews including CEQA analysis and review. CITY will Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 3 of 16 process CEQA filings and pay fees associated in filing with the Kern County Clerk.
E. City Obligations
The CITY will provide any applicable/available data, documents, reports, and other archived City records requested by the CONSULTANT to complete the project.
F. Public Engagement
CONSULTANT shall perform the items listed in Section A above and shall manage the project’s public engagement through the four workshops outlined in the Proposal.
Deliverables shall include a Public Engagement Plan, event descriptions, workshop logistics plan, organizing Zoom based workshop and recordings, necessary workshop materials and PowerPoint presentations, digital surveys, workshop summaries, and stakeholder interviews. CONSULTANT to acquire and manage Social Pinpoint software to host project information and providing interactive workspace for project participants from the broader community; and MailChimp mass emailing services to residents, business owners, and other project participants. Progress of the land use alternatives, design guidelines and standards, zoning ordinance amendments, and draft Downtown Taft Specific Plan materials shall be made available. CITY shall assist in coordinating workshops, arranging meetings with stakeholders, and reservations of meeting facilities for in-person events.
G. Additional 3D Graphics
CONSULTANT shall in addition to performing the items listed in Section A above, develop three (3) or more 3D renderings in a conceptual and sketch-like style with sufficient opportunity for revisions, as necessary. The renderings shall include the vacant areas of the Downtown Taft Specific Plan project area depicting a full build-out scenario.
Renderings may include high level aerial views, lower aerial views, and street level views showing the overall massing of developed lots.
H. Documentation and Schedules
The CITY and CONSULTANT shall document and file the progress and results of the project, specific to each grant, on a quarterly basis, to the satisfaction of the State.
I. Deliverables and Number of Copies
The CONSULTANT shall provide sufficient number of copies of papers or documents to be furnished, such as the specific plan, zoning code amendments, maps, plans, studies, data, and other such documents needed to complete the project. Provision may be made for payment for additional copies.
I. Number of Copies
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 4 of 16 Two (2) final hard copies of the Downtown Taft Specific Plan, Zoning Ordinance Amendment, and CEQA related documentation, with one (1) editable digital copy and one (1) PDF digital copy of each, shall be provided to the CITY. If requested, additional copies will be provided at reproduction cost.
ARTICLE III. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator, as needed, to discuss progress on the contract.
ARTICLE IV. PERFORMANCE PERIOD
A. This contract shall go into effect on April 20, 2021, contingent upon approval by the CITY, and CONSULTANT shall commence work after notification to proceed by the CITY’S Contract Administrator. The contract shall end on June 30, 2022, for the Downtown Taft Specific Plan and December 31, 2023, for the Zoning Ordinance Amendment, unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on the CITY until the contract is fully executed and approved by the CITY.
ARTICLE V. ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost Proposals (Attachments 1, 2, and 3). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract.
B. CONSULTANT shall not commence performance of work or services until this contract has been approved by the CITY, and notification to proceed has been issued by the CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
C. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the CITY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due the CITY that include any equipment purchased under the Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 5 of 16 provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to the CITY’s Contract Administrator at the following address:
City Manager City of Taft
209 E. Kern Street,
Taft, CA 93268
D. The total amount payable by the CITY shall not exceed $268,310.
ARTICLE VI. TERMINATION
The CITY reserves the right to terminate this contract upon thirty (30)-calendar days written notice to the CONSULTANT with the reasons for termination stated in the notice.
ARTICLE VII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS CONSULTANT shall maintain a financial management system which complies with the policies, guidelines and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-11 0 (implemented at 24 CFR part 84), A-122, A-133 (implemented at 24 CFR part 45), and A-128 (implemented at 24 CFR part 44), as applicable, as they relate to the acceptance and use of federal funds under this part. The applicable sections of 24 CFR parts 84 and 85 are set forth in Section 570.502. OMB Uniform guidance at 2 CFR 200 supersedes the above Uniform Administrative Requirements, effective July 1, 2015; and if there are any discrepancies between the above mentioned circulars and the OMB Uniform Guidance, the Uniform Guidance takes precedence.
ARTICLE VIII. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and the CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract.
All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for a minimum period of FIVE (5) years after the State Department of Housing and Community Development notifies the CITY that the HUD/HCD contract has been closed. The state, State Auditor, the CITY, State Department of Housing and Community Development, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 6 of 16 contract that is not disposed of by agreement, shall be reviewed by the CITY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by the CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by the CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract.
(The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the CITY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by the CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
ARTICLE X. SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation between the CITY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from the CITY’S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the CITY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 7 of 16 each payment made to CONSULTANT by the CITY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by the CITY’s Contract Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI. EQUIPMENT PURCHASE
A. Prior authorization in writing, by the CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by the CITY’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
“CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the CITY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit the CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY’s procedures; and credit the CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the CITY.”
ARTICLE XII. CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship with the CITY that may have an impact upon the outcome of this contract, or any ensuing City project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
ARTICLE XIII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 8 of 16 CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, the CITY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XIV. DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the CITY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
ARTICLE XV. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to the CITY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.
D. The CITY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 9 of 16 ARTICLE XVI. CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the CITY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by the CITY’s Contract Administrator.
ARTICLE XVII. CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XVIII. DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the CITY’s Contract Administrator, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than 30 days after completion of all deliverables necessary to complete the projects, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.
ARTICLE XIX. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit the CITY, the state, and the State Department of Housing and Community Development, if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 10 of 16 ARTICLE XX. COMPLIANCE WITH ALL LAWS
CONSULTANT shall, at CONSULTANT's sole cost, comply with all of the requirements of Municipal, County, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal and County ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Taft business license where required.
ARTICLE XXI. INSURANCE
A. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein):
1. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and
2. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
• Provide coverage for owned, non-owned and hired autos.
3. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
• Provide contractual liability coverage for the terms of this Agreement. • Provide unlimited products and completed operations coverage. • Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers.
• All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONSULTANT may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 11 of 16 defeat the intent or protection of an Additional Insured.
4. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers.
B. Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it.
C. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:Vll, must be declared prior to execution of this Agreement and approved by the CITY in writing.
D. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
E. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
F. The CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.
G. Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
H. It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement.
I. Unless otherwise approved by the CITY, if any part of the work under this Agreement is Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 12 of 16 subcontracted the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONSULTANT.
ARTICLE XXII. OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be owned by the State Department of Housing and Community Development, owing all copyrights in the work product per the Standard Agreements.
CONSULTANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process.
B. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.
C. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
D. The CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the CITY of TAFT, shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to the CITY’s operations, which are designated confidential by the CITY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the CITY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or the CITY’s actions on the same, except to the CITY’s staff, CONSULTANT’s own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 13 of 16 D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the CITY, and receipt of the CITY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than the CITY.
ARTICLE XXIV. ADDITIONAL PROVISIONS
A. Laws and Regulations. CONSULTANT agrees to obey the provisions of the Community Development Act of 1974, any amendments thereto, the federal regulations and guidelines now or hereafter enacted pursuant to the Act, the terms of the Community Development Block Grants to the CITY now or hereafter in effect, the regulations now or hereafter enacted by the CITY to facilitate its administration of the Grant Program in the CITY, and any other federal, state or local statute, regulation or guideline applicable to the Project or CITY's Grant Program during the term of this Agreement. CONSULTANT shall become familiar with the applicable statutes, regulations and guidelines governing this Grant Program, each of which are hereby made a part hereof and incorporated herein by this reference as if set forth in full.
B. Non-Collusion. CONSULTANT represents that its proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation; and that the proposal is genuine and not collusive or sham.
C. Equal Employment Opportunity. CONSULTANT shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CONSULTANT shall take affirmative action to insure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation.
D. Non-Conflict of Interest. CONSULTANT hereby certifies that no public official has any interest, direct or indirect, in this contract or any subcontract, or the proceeds thereof, in work to be performed in connection with this project.
E. Prohibited Use of Federal Funds for Lobbying. CONSULTANT certifies, to the best of its Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 14 of 16 knowledge and belief that no federally appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federally appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit, in accordance with its instructions, Standard Form-LLL, "Disclosure Form to Report Lobbying," and incorporated herein by this reference as if set forth in full.
The CONSULTANT shall require that the language of this certification be included in the contract documents for all subconsultants at all tiers and that all subconsultants shall certify and disclose accordingly.
F. Nondiscrimination Requirements. Under any related agreements or contracts, CONSULTANT shall provide that no person, on the grounds of race, color, national origin, religion, sex or physical handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the PGP and LEAP Program funds. In addition, PGP and LEAP Program funds must be made available in accordance with the following:
a) The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100.
b) Executive Order 11063 (Equal Opportunity in Housing). c) Title VI of the Civil Rights Act of 1964 (PL 88-352) and Title VIII of the Civil Rights Act of 1968 (PL 90-284 nondiscrimination and fair housing on federally assisted programs).
G. Rehabilitation Act of 1973 and Americans with Disabilities Act. This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (PL 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, 42 USC 12101, et. seq.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 15 of 16 H. Affirmative Action for the Vietnam-Era Veterans. CONSULTANT shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
I. Political Activity. CONSULTANT agrees that no Grant funds shall be expended to finance any political activity in contravention of the Hatch Act found in Chapter 15 of Title 5 of the United States Code.
ARTICLE XXXI. NOTIFICATION
All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CONSULTANT: Rick Engineering Company
Brooke Peterson, Associate Principal
5620 Friars Road
San Diego, CA 92110
CITY: City of Taft
City Manager, Contract Administrator
209 E. Kern Street
Taft, CA 93268
ARTICLE XXXII. CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named CITY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below.
Professional Services Agreement – Amendment 2 City of Taft, CA Downtown Taft Specific Plan – SB2 Planning Grant #19-PGP-13391 June 21, 2022 Zoning Ordinance Amendment – LEAP Grant #20-LEAP-15074 Page 16 of 16 ARTICLE XXXIII. SIGNATURES
(Rick Engineering Company) (CITY OF TAFT)
By: By:
Brooke Peterson, AICP Dave Noerr, Mayor
Associate Principal
(Date) (Date)
ATTEST:
Yvette Mayfield, MMC
City Clerk
APPROVED AS TO FORM:
____________________________
Jason Epperson
City Attorney
Attachments: Attachment 1
Attachment 2
Attachment 3
RFP for Downtown Taft Specific Plan & Zoning Ordinance Amendment to Accelerate Housing Production 54
COST BREAKDOWN
City of Taft - DOWNTOWN TAFT SPECIFIC PLAN & ZONING ORDINANCE AMENDMENT TO ACCELERATE HOUSING PRODUCTION
RICK PLANNING AND DESIGN
PLANNING, DESIGN, ECONOMICS, OUTREACH
Brooke
Peterson
Mimi
Morisaki
Brian
Mooney Jeff Barfield Britt
Palmberg
Hannah
Wong
Katherine
Fikan Keath Flint Mark Jugar David Mizell Karen Van
Ert
Shavger
Rekani
Mario
Terrazzas Kerri Kress
Hourly Rate $170
Role:
Principal-InChargeProject
Manager
Strategic
Advisor
Principal
Planner
Principal
Economist
Planner - Land
Use
Planner -
CEQA Review Urban Design Traffic Engineer Traffic Planner Civil Engineer Water
Resources
Engineer
GIS Manager Senior Graphic
Designer
Task Description Hourly Rate: $235 $170 $215 $215 $215 $135 $115 $100 $220 $180 $235 $180 $190 $120 CT Hours Urban Design 1 Preliminary Assessment
1.1 Kick-Off Meeting and Downtown Site Visit 10 10 10 2 32 $5,560 8 $1,360 $1,360 $6,920
1.2 Opportunities and Constraints Memo 6 16 20 20 2 2 2 4 4 76 $13,160 8 $1,360 $1,360 $14,520 2 Downtown Taft Specific Plan
2.1 Land Use Alternatives 6 18 2 8 16 30 2 6 4 4 10 8 114 $18,270 12 $2,040 $2,040 $20,310
2.2 Preferred Land Use Alternative 8 18 2 6 30 2 2 2 2 8 8 88 $14,220 8 $1,360 $1,360 $15,580
2.3 Economic Pro Forma Memo 8 18 2 24 8 60 $11,450 $0 $0 $11,450
2.4 Draft Specific Plan 8 40 2 8 12 75 24 4 8 4 4 12 32 233 $33,575 42 $7,140 $7,140 $40,715
2.5 Final Specific Plan 8 24 2 6 8 40 12 4 10 24 138 $20,060 8 $1,360 $1,360 $21,420
2.6 General Plan Amendment 4 12 24 4 44 $6,500 $0 $0 $6,500 3 Zoning Ordinance Amendment
3.1 Draft Zoning Ordinance Amendment 4 12 8 32 4 60 $9,140 $0 $0 $9,140
3.2 Final Zoning Ordinance Amendment 4 12 8 24 4 52 $8,220 $0 $0 $8,220 4 Public Engagement
4.1 Public Engagement Plan 4 16 24 44 $6,420 4 $680 $680 $7,100
4.2 Workshop #1 - Opportunities & Constraints, Visioning 4 18 4 4 30 4 8 72 $10,530 8 $1,360 $1,360 $11,890
4.3 Workshop #2 - Land Use Alternatives, Visual Preference Survey 4 18 4 4 30 4 8 72 $10,530 8 $1,360 $1,360 $11,890
4.4 Workshop #3 - Preferred Land Use Alternative, Design Guidelines and Design Standards 4 18 4 4 30 4 8 72 $10,530 8 $1,360 $1,360 $11,890
4.5 Workshop #4 - Draft Specific Plan 4 12 24 8 48 $6,700 $0 $0 $6,700 5 CEQA Review
5.1 CEQA Review 12 24 2 55 4 100 197 $32,535 $0 $0 $32,535 6 Planning Commission and City Council Hearings
6.1 Planning Commission Hearing 4 4 12 4 24 $3,720 2 $340 $340 $4,060
6.2 City Council Hearing 4 4 12 4 24 $3,720 2 $340 $340 $4,060 Labor Hours Total 106.00 294.00 12.00 16.00 84.00 48.00 510.00 36.00 12.00 144.00 12.00 12.00 56.00 108.00 1450.00 118 $20,060 Labor Dollars Total $24,910 $49,980 $2,580 $3,440 $18,060 $6,480 $58,650 $3,600 $2,640 $25,920 $2,820 $2,160 $10,640 $12,960 $224,840 $20,060 $20,060 $244,900 p
GRAND TOTAL $244,900
Total Task
Budget
Subcons.
Labor Total
Citythinkers
RICK
Hours
RICK
Labor Total
Contract Addendum
AS:
Rick Engineering Company Job No. 19403-000
July 15, 2021
Addendum No. 1
Client Contract No. 19-PGP-13391 & 20-LEAP-15074
Sent via email.
Mark Staples
Planning & Development Services Director
City of Taft
209 E. Kern Street
Taft, CA 93268
JOB DESCRIPTION: Downtown Taft Specific Plan and Zoning Ordinance Amendment By signing below as indicated, Rick Engineering Company is authorized to expend an additional $13,409.86, bringing the total amount authorized as of this date to $258,309.86, to perform work in conjunction with our contract dated April 23, 2021.
Additional Scope of Work:
1. Acquire and Manage a Public Engagement Platform and Email Service RICK will acquire and manage the Social Pinpoint software to be used for housing relevant project documents and providing an interactive work space for the broader community. The MailChimp program will also be acquired in order to send out mass emails to interested parties.
Software and labor costs are as follows:
Katherine Fikan – $5,980.00 (52 hours (at $115/hr hourly rate) to setup Social Pinpoint; setup and send eblasts through MailChimp, and manage ongoing Social Pinpoint and MailChimp maintenance) Mimi Morisaki – $1,530.00 (9 hours (at $170/hr hourly rate) for ongoing Social Pinpoint/MailChimp maintenance and oversight)
Social Pinpoint – $5,760.00 (24-month subscription)
MailChimp – $139.86 ($9.99/month subscription for 14 months) Total Fixed Fee = $13,409.86
All other provisions of the original contract are to remain unchanged.
Mr. Mark Staples
July 15, 2021
Authorized by:
RICK ENGINEERING COMPANY Date: July 15, 2021
Signature: Title: Associate Principal
Brooke Peterson, AICP
Approved by:
City of Taft Date:
Signature: Title:
Please sign and return a copy to RICK ENGINEERING COMPANY Citythinkers Scope of Work // Downtown Taft Specific Plan 05-23-2022 // page 1 May 23, 2022
Brooke Peterson, AICP
Rick Engineering Company
5620 Friars Rd.
San Diego, CA 92110
[email protected]
Re: Revised Scope of Work/ Contract Amendment for Downtown Taft Specific Plan and Zoning Ordinance Amendment
Dear Brooke,
At the request of Mark Staples, City of Taft, we are pleased to submit a revised scope of work/ contract amendment for additional graphics to support the Downtown Taft Specific Plan. Citythinkers’ additional services will be limited to the provision of additional 3D graphics to show a conceptual massing buildout of the vacant properties along Main Street and Supply Row. Graphics will include one oblique isometric view from the intersection of Main and 10th Street looking eastward showing what the overall massing could look like if all the lots developed and as much as two (2) more detailed views, closer to the ground, at locations to be specified after discussion with the project team.
Additional 3D Graphics
Citythinkers will develop up to three (3) 3D renderings in a conceptual and sketch-like style.
Revisions
In recognition of the limited budget and schedule, Citythinkers will provide revisions to the graphics for up to two (2) revision cycles by the city.
Meetings and Administration
Rick, as prime consultant, will administer the contract and be lead project manager for the project. In recognition of the limited budget and schedule, Citythinkers will attend up to two (2) additional internal coordination meetings with the Rick Engineering team. Meeting agendas, notes and content will be provided by Rick.
Budget
Stipulated Sum Amount of $10,000.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ADOPT A RESOLUTION SUPPORTING AN APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS. (BSCC) FOR STANDARDS AND TRAINING FOR CORRECTIONS (STC) TRAINING COSTS.
SUMMARY STATEMENT:
The City of Taft has established a partnership with another county entity to house county jail inmates.
The governance of those inmate standards falls to the Board of State and Community Corrections through a program called Standards and Training for Corrections (STC).
Now that we are no longer tied to the State of California this resolution allows us to directly fulfill the obligations to our staff in areas of training and the costs for the training are to be incurred by the State of California. We will use an (STC) certified trainer for our yearly training and all of the costs will be incurred by the State of California.
RECOMMENDED ACTION
Motion to approve resolution titled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
SUPPORTING AN APPLICATION TO THE CALIFORNIA BOARD OF STATE COMMUNITY CORRECTIONS (BSCC) TO RECEIVE FUNDS FOR TRAINING UNDER THE STANDARDS FOR TRAINING FOR CORRECTIONS (STC) PROGRAM.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Resolution
PREPARED BY:
Damon McMinn – Chief of Police
RESOLUTION NO. 4155-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
SUPPORTING AN APPLICATION TO THE CALIFORNIA BOARD OF STATE
COMMUNITY CORRECTIONS (BSCC) TO RECEIVE FUNDS FOR TRAINING
UNDER THE STANDARDS FOR TRAINING FOR CORRECTIONS (STC)
PROGRAM
WHEREAS, California Penal Code Title 7, Chapter 5, Article 2 and 3, commencing with Section 6035, provides that the city may receive State aid in order to train custodial personnel in a local detention facility: and
WHEREAS, the City of Taft wishes to avail itself of such training.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Taft, does hereby find, resolve, determine and order as follows:
Section 1. While receiving State aid, the City of Taft Police Department will adhere to the standards for selection and training, established by the Board of State Community Corrections (BSCC), as required under Penal Code Section 6035.
Section 2. This section will take effect immediately.
PASSED, APPROVED, AND ADOPTED this 21st day of June 2022.
Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 21st day of June 2022, by the following vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Darnell Porter, CMC
Deputy City Clerk