TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, AUGUST 2, 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 into 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. PRESENTATION – RICHIE SAYAVONG – CALIFORNIA DEPARTMENT OF INSURANCE
2. PUBLIC HEARING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING
OF ELECTRIC VEHICLE CHARGING STATIONS
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 APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT MUNICIPAL CODE REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE CHARGING STATIONS for first reading by title only and reading of such be waived.
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
8. CITY ATTORNEY STATEMENTS
9. FUTURE AGENDA REQUESTS
****************************************************************************************************** City of Taft Council/Successor Agency Meeting
Agenda
August 2, 2022
CONSENT CALENDAR ITEMS 10-11
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
July 19, 2022 regular
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant# 7/22/22A Check No. 96575-96617 $ 114,216.98
Warrant# 7/22/22 Check No. 96618-96667 $ 264,703.42
Recommendation – Approve payment of the bills.
*********************************************************************************************************
12. A RESOLUTION TO PLACE A BALLOT MEASURE ON THE NOVEMBER 8, 2022 GENERAL
MUNICIPAL ELECTION PERTAINING TO WHETHER THE CITY CLERK POSITION SHOULD BE
ELECTIVE OR APPOINTIVE
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TAFT, CALIFORNIA ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY OF A MEASURE REGARDING WHETHER THE POSITION
OF CITY CLERK SHOULD BE APPOINTIVE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 AS CALLED BY RESOLUTION NO. 4147-22.
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 July 28, 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 July 28, 2022, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: AUGUST 2, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING
OF ELECTRIC VEHICLE CHARGING STATIONS
SUMMARY STATEMENT:
On October 8, 2015, and October 8, 2021, the Governor signed Assembly Bill Nos. 1236 (AB 1236) and 970 (AB 970), respectively, which requires local agencies to adopt an ordinance that creates an expedited and streamlines permitting process for electric vehicle charging systems. The provisions of AB 1236 required large and small jurisdictions to adopt their local ordinance by September 30, 2016, and 2017, respectively. The provisions of AB 970 specified the processing and approval timelines based on the number of charging stations proposed with a given permit application. Cities and counties with a population of less than 200,000 residents are required to adopt an ordinance codifying the two bills by January 1, 2023; and transmitting copies of the ordinance to the Governor’s Office of Business and Economic Development (GO-Biz).
RECOMMENDED ACTION
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 APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT MUNICIPAL CODE
REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE CHARGING STATIONS for first reading by title only and reading of such be waived.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Ordinance
PREPARED BY: Mark Staples, Director, Planning & Development Services ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN
AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT
MUNICIPAL CODE REGARDING STREAMLINE PERMITTING OF
ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, California Government Code Section 65800 provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities; and WHEREAS, the City of Taft is responsible for continually reviewing and updating the adopted Zoning Ordinance to address changing conditions within the City; and WHEREAS, the City of Taft seeks to protect the health, safety, and welfare of the community by establishing new regulations regarding application processing for electric vehicle charging stations; and
WHEREAS, the State of California adopted Assembly Bill 1236 in 2015 and Assembly Bill 970 in 2021, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited and streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles; and WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amendment adding Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code at its regular meeting on July 6, 2022; and
WHEREAS, the Planning Commission studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed amendment to the City Council; and
WHEREAS, the City Council studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and
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; and
WHEREAS, the City Council has fully considered this request and the potential environmental effects.
Ordinance No. _______
August 16, 2022
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Taft finds and ordains as follows:
1. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provision of the General Plan; and
2. The proposed amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and
3. The proposed amendment is consistent with the purpose and intent of the remainder of this Zoning Ordinance not under consideration; and
4. The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts; and
5. The proposed amendment is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines because the Code Amendment will have no significant effect on the environment.
SECTION 1. The City Council approves the addition of Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code, as follows:
5-1-20: ELECTRIC VEHICLE CHARGING STATIONS:
(A) Purpose and Intent: The purpose of this section is to establish and implement an expedited and streamlined permit review process for electric vehicle charging stations; ensuring the public health and safety while avoiding potential adverse impacts from the installation of said charging stations. This section is also purposed to comply with California Government Code Section 65850.7. (B) Authority: The authority for the review and approval of permits for the installation of electric vehicle charging stations shall be vested with the building official, or their designee.
(C) Application: A building permit application for the installation of an electric vehicle charging station shall be filed with the building department in a manner prescribed by the building official. The provisions of this section shall apply to all new charging stations in the City. Electric vehicle charging systems legally established or permitted prior to the effective date of this section shall not be subject to the provisions of this section, unless physical modifications or alterations are proposed that would materially change the size, type, or components of the station that would require new permitting.
Ordinance No. _______
August 16, 2022
(D) Definitions:
ELECTRONIC SUBMITTAL: Means the utilization of one or more of either electronic mail, the internet, or facsimile submittal of a building permit application and supporting documentation.
ELECTRONIC VEHICLE CHARGING STATION or CHARGING STATION:
Means any level of electric vehicle supply equipment station that is designed and installed in compliance with Article 625 of the California Electric Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID A SPCIFIC ADVERSE IMPACT: Means the inclusion of, but not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for permit.
SPECIFIC ADVERSE IMPACT: Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed for the date the application was deemed complete.
(E) Expedited Permitting Process: Consistent with Government Code Section 65850.7, the building official shall implement an expedited and streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website. (F) Permit Application Processing:
1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants.
Verification by the applicant includes, but is not limited to, electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
2. A permit application that satisfies the information requirements in the City’s Ordinance No. _______
August 16, 2022
adopted checklist shall be deemed complete and be promptly processed.
Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue a permit. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the building official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
3. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. The building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
4. An application to install an electric vehicle charging station shall be deemed complete after the applicable time period has elapsed:
a. Five (5) business days after submission of the application, if the application is for at least one (1), but not more than twenty-five (25) electric vehicle charging stations at a single site.
b. Ten (10) business days after submission of the application, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.
(G) Technical Review:
1. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit.
2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
Ordinance No. _______
August 16, 2022
3. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection F.4 has elapsed and if:
a. If the building official has not administratively approved the application pursuant to Government Code section 65850.7(b); and
b. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have an adverse effect upon the public health or safety, or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b); and
c. The building official has not denied the permit pursuant to Government Code section 65850.7(c); and
d. An appeal has not been filed to the planning commission pursuant to Government Code section 65850.7(d).
(H) Electric Vehicle Charging Station Installation Requirements
1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
Ordinance No. _______
August 16, 2022
SECTION 2. Recognizing that there is a potential conflict between federal and State law, it is the City Council’s intention that this Ordinance shall be deemed to comply with applicable State Law.
SECTION 3. 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 4. 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 the Daily Midway Driller, 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.
PASSED AND ADOPTED on this 16th day of August, 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 August 2, 2022, and had its second reading on August 16, 2022, and was passed by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
JULY 19, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The July 19, 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 Eveland, followed by an invocation given by Chief of Police Damon McMinn.
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 Clerk Yvette Mayfield City Attorney Jason Epperson attended via Zoom
1. INFORMATIONAL PRESENTATION BY DOUG MCALLISTER, VICE PRESIDENT
EXTERNAL AFFAIRS FOR FRONTIER COMMUNICATIONS
2. PUBLIC HEARING - ADOPT RESOLUTIONS AUTHORIZING KERN COUNTY TAX
COLLECTOR TO COLLECT REFUSE AND STREET SWEEPING CHARGES AND
STANDBY CHARGES FOR VACANT COMMERCIAL BUILDINGS
The public hearing was opened at 6:25 PM to receive input from the public, seeing none the public hearing was closed.
Motion: Moved by Bryant, seconded by Whiting to adopt resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT PROVIDING
FOR COLLECTION OF REFUSE AND STREET SWEEPING CHARGES BY THE COUNTY TAX COLLECTOR PURSUANT TO SECTION 5473 ET. SEQ., OF THE HEALTH AND SAFETY CODE. (Resolution No. 4156-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
Motion: Moved by Bryant, seconded by Whiting to adopt resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT PROVIDING
FOR COLLECTION OF STANDBY REFUSE AND STREET SWEEPING
CHARGES BY THE COUNTY TAX COLLECTOR PURSUANT TO SECTION 5473 ET. SEQ., OF THE HEALTH AND SAFETY CODE. (Resolution No. 4157- 22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
3. PUBLIC HEARING - ADOPT RESOLUTIONS AUTHORIZING KERN COUNTY TAX
COLLECTOR TO COLLECT SEWER CHARGES AND STANDBY SEWER CHARGES
FOR VACANT COMMERCIAL BUILDINGS
The public hearing was opened at 6:27 PM to receive input from the public, seeing none the public hearing was closed.
Motion: Moved by Bryant, seconded by Eveland to adopt resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT PROVIDING
FOR COLLECTION OF SEWER CHARGES BY THE COUNTY TAX COLLECTOR PURSUANT TO SECTION 5473 ET. SEQ., OF THE HEALTH AND SAFETY CODE. (Resolution No. 4158-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
City of Taft Council/Successor Agency Meeting
Minutes
July 19, 2022
Motion: Moved by Bryant, seconded by Eveland to adopt resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT PROVIDING
FOR COLLECTION OF STANDBY SEWER CHARGES BY THE COUNTY TAX COLLECTOR PURSUANT TO SECTION 5473 ET. SEQ., OF THE HEALTH AND SAFETY CODE. (Resolution No. 4159-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
4. PUBLIC HEARING - LANDSCAPE MAINTENANCE DISTRICT NO. 1 The public hearing was opened at 6:29 PM to receive input from the public, seeing none the public hearing was closed.
Motion: Moved by Bryant, seconded by Whiting to approve resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT SETTING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1.
(Resolution No. 4160-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
5. CITIZEN REQUESTS/PUBLIC COMMENTS
Ron Waldrop thanked the City and bragged on the great day that was had and how the community came together while celebrating the 50th Anniversary of his business.
Dr. Kathy Orrin, Executive Director of the Taft Chamber of Commerce, addressed the Council to thank them for the support of the fireworks show and shared about upcoming events.
6. COUNCIL STATEMENTS (NON-ACTION)
Council Member Eveland spoke on the success of the fireworks show and thanked the Chamber for the event.
Council Member Bryant also spoke on the fireworks show and sent a shout-out to local athlete Logun Clark in recognition for being drafted by the Cleveland Guardians.
Council Member Whiting spoke about the fireworks works show and sent a shout-out to the police department for the great job they are doing and some of their recent notable activity.
Mayor Pro Tem Krier spoke on the fireworks show and mentioned that he’s noticed a lot of new businesses are coming to town.
Mayor Noerr spoke on the extreme heat we are experiencing and reminded everyone to stay hydrated and check on those most vulnerable to the heat.
7. PLANNING COMMISSION REPORT
Commissioner Jerry Livingston shared that the Commission had two action items at their last meeting. One was for proposed building improvements for a restaurant in the old Pioneer Mercantile Building and the other was a code amendment to address permit streamlining of electric vehicle charging stations.
City of Taft Council/Successor Agency Meeting
Minutes
July 19, 2022
8. DEPARTMENT REPORTS
Chief McMinn thanked Council Member Whiting for his shout out to his department and gave updates on recent department activity.
City Clerk Mayfield announced that nomination period had opened for the three expiring council seats and would be open through August 12th with an extension to August 17th if an incumbent fails to pull papers.
9. CITY MANAGER STATEMENTS
There was none.
10. CITY ATTORNEY STATEMENTS
City Attorney Epperson thanked Chief McMinn for the kind words during the invocation.
11. FUTURE AGENDA REQUESTS
Mayor Noerr requested an agenda item be brought back to Council with suggestions for cutbacks to the Landscape Lighting Maintenance District to meet the actual income.
Concurred by all other Council members.
******************************************************************************************* CONSENT CALENDAR ITEMS 12-20
Krier pulled item #15
Bryant pulled item #19
Eveland abstained from item #12
Motion: Moved by Bryant, seconded by Whiting to approve consent calendar items 12- 14, 16-18 & 20.
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
12. MINUTES
June 21, 2022 regular
Recommendation – Approve as submitted.
13. PAYMENT OF BILLS
Warrant# 6/24/22 Check No. 96456-96467 $ 7,421.24
Warrant# 6/24/22 Check No. 96468-96506 $ 484,583.06
Warrant# 6/24/22 Check No. 96507-96511 $ 14,322.91
Warrant# 7/5/22A Check No. 96512-96513 $ 8,258.50
Warrant# 7/8/22A Check No. 96514-96550 $ 118,331.69
Warrant# 7/8/22 Check No. 96551-96574 $ 78,276.96
Recommendation – Approve payment of the bills.
14. TREASURER’S REPORTS
Recommendation – Motion to receive and file Treasurer’s Reports for the Months of April City of Taft Council/Successor Agency Meeting
Minutes
July 19, 2022
and May 2022.
16. 2ND READING AND ADOPTION OF ORDINANCE ADDING CHAPTER 13 TO TITLE
VIII OF THE TAFT CITY CODE ADOPTING MILITARY EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY BILL 481
Recommendation – 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. (Ordinance No. 847-22)
17. PROFESSIONAL SERVICES AGREEMENT WITH RYKER DESIGNS FOR DESIGN OF
DETAILED PLANS AND SPECS FOR POLICE DEPARTMENT BUILDING
RENOVATIONS
Recommendation – Motion to approve an agreement with Ryker Designs in an amount not to exceed $24,500 to prepare the detailed plans and specs required to bid out Police Department building renovations and authorize the Mayor to execute said agreement.
18. DESIGNATION OF CONFLICT OF INTEREST STATEMENT FILERS AND
ASSIGNMENT OF DISCLOSURE CATEGORIES PURSUANT TO THE POLITICAL REFORM ACT OF 1974
Recommendation – Motion to accept the 2022 Local Agency Biennial Notice and adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT DESIGNATING POSITIONS REQUIRED TO FILE CONFLICT OF INTEREST STATEMENTS PURSUANT TO THE POLITICAL REFORM ACT OF 1974, ASSIGNING DISCLOSURE CATEGORIES AND REPEALING AND REPLACING RESOLUTION NO. 4035-20. (Resolution No. 4162-22)
20. ACCEPT THE WORK PERFORMED BY MARCO A. GONZALEZ ENGINEERING, INC.
DBA MAG ENGINEERING, INC. AND APPROVE THE FILING OF NOTICE OF COMPLETION FOR THE DEMOLITION OF STRUCTURE AT 520 NORTH STREET Recommendation – Motion to accept the completed work by Marco A. Gonzalez Engineering, Inc. DBA as MAG Engineering, Inc. for the demolition of building at 520 North Street and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.
*********************************************************************************************
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING
BANK CARD SERVICES
Motion: Moved by Bryant, seconded by Eveland to adopt resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING BANK CARD SERVICES. (Resolution No. 4161-22) AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
Krier stated that he pulled the item as he would also like to decline a city issued credit card. City Manager Jones explained that the policy is in place for ease of City of Taft Council/Successor Agency Meeting
Minutes
July 19, 2022
attendance and travel to conferences and training and it was recommended that he contact the finance department to discuss further.
21. ANNUAL AUDITED FINANCIAL STATEMENTS FOR FY 2018-2019 Motion: Moved by Bryant, seconded by Eveland to receive and file the Annual Audited Comprehensive Financial Reports for the year ended June 30, 2019.
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
Bryant stated that he pulled the item to inquire if there is a plan to catch the audits up to date as this is the 2019 audit which means the city is three years in arrears. City Manager Jones said yes that there is a plan in place to bring the audits current.
At 7:08 PM the regular meeting was recessed to closed session.
CLOSED SESSION
A. ANNUAL PERFORMANCE EVALUATION
Government Code Section 54957 – City Manager
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Case # BCV-20-100096
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 8:04 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: August 2, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
A RESOLUTION TO PLACE A BALLOT MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
PERTAINING TO WHETHER THE CITY CLERK POSITION SHOULD BE ELECTIVE OR APPOINTIVE SUMMARY STATEMENT:
The duties of the City Clerk have become more technical and complex over the years, with many regulations requiring specialized knowledge, training, and experience.
The primary duties of the City Clerk are:
• Assembles and prepares agendas and minutes
• Attest, publish and/or post ordinances and resolutions • Compliance with Brown Act (open meeting laws)
• Compliance with Political Reform Act
• Compliance with Public Records Act
• Conducts City Committee and Commission recruitments
• Serves as local Election Filing Officer
• Serves as Clerk of the Council
Most California cities have appointive Clerk positions (79% as of 2019), allowing them to hire based on experience and credentials. Under an appointive process, the City would establish minimum qualifications for the position such as level of experience, education, professional certification and training, and perform regular performance evaluations of the City Clerk. The current qualifications for an elected City Clerk are limited to candidates that 18 years of age, or older, are registered voters and who reside within the city limits, and there are no performance evaluations.
Having a person perform this position without the knowledge of the complex laws and regulations creates a liability for the City, and it takes specialized training and experience to properly administer their responsibilities.
While the current City Clerk has training and credentials and professionally performs her responsibilities, there is no guarantee that any future holder of the elected position would have the necessary qualifications or experience to do so.
RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT, CALIFORNIA
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE REGARDING WHETHER
THE POSITION OF CITY CLERK SHOULD BE APPOINTIVE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 AS CALLED BY RESOLUTION NO. 4147-22.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Resolution
PREPARED BY: Office of the City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF A MEASURE REGARDING WHETHER
THE POSITION OF CITY CLERK SHOULD BE APPOINTIVE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022 AS CALLED BY RESOLUTION NO. 4147-22
WHEREAS, a General Election on Tuesday, November 8, 2022 has been called by Resolution No. 4147-22, adopted on June 7, 2022; and
WHEREAS, the position of the City Clerk has become more complex and requires specialized training and knowledge of various laws and regulations, which change frequently; and
WHEREAS, it is in the best interest of the City, and its citizens, that the position of the City Clerk be appointive to ensure a qualified individual fills the position, properly performs the responsibilities of the position, and can be evaluated in the same manner as other employees; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the position of the City Clerk, transitioning from an elected position to an appointed position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT:
SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal election the following question:
Shall the office of City Clerk be appointive? YES
NO
SECTION 2. The text of the proposed ordinance to be submitted to the voters is attached as Exhibit A to this resolution.
SECTION 3. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast.
SECTION 4. That the City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure.
SECTION 5. That the City Council authorizes all members of the City Council and the City Clerk to file a written argument in Favor of the City measure not exceeding 300 words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
Resolution No. ______
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of resolutions.
PASSED, APPROVED AND ADOPTED on this 2nd day of August, 2022 ________________________________
Dave Noerr, Mayor
Attest:
_______________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF TAFT )
CERTIFICATION
I, Yvette Mayfield, City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Taft, California, at a regular meeting thereof held on the 2nd day of August, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
____________________________
Yvette Mayfield, MMC
City Clerk
Resolution No. ______
“EXHIBIT A”
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF TAFT AMENDING
MUNICIPAL CODE SECTIONS 1-19-3 THROUGH 1-19-5, AND
ADDING 1-19-6 TO THE CITY MUNICIPAL CODE
REGARDING APPOINTMENT OF THE CITY CLERK
THE MUNICIPAL CODE OF THE CITY OF TAFT IS AMENDED AND ADDED AS FOLLOWS:
1-19-6. This ordinance shall take effect immediately upon a majority vote of the City of Taft’s electors approving it at the election to be held November 8, 2022. Upon such majority vote, all references in the Municipal Code of the City of Taft to the election of an individual to the position of City Clerk shall be stricken, null and void, including, without limitation, references in Municipal Code sections 1-19-3 through and including 1-19-5. Rather, effective immediately, the position of City Clerk shall be filled by a majority vote of the City Council of the City of Taft. The City Clerk shall serve at the pleasure of the City Council, but may be removed only by a majority vote of the entire City Council. The City Clerk shall keep the City Council informed on a regular basis, but shall report to and take direction from only the City Manager. The duties of the City Clerk shall be as required by State of California code and as defined by applicable City Council resolution. The person serving as City Clerk at the time the City of Taft’s electors approve the City Council to appoint the City Clerk shall continue to serve as City Clerk until such appointment by the City Council.