TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, APRIL 18, 2023
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 Waldrop
Councilmember Chavira
1. PROCLAMATIONS –
• DMV/DONATE LIFE CALIFORNIA MONTH IN KERN COUNTY
• NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
2. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
3. COUNCIL STATEMENTS (NON-ACTION)
4. DEPARTMENT REPORTS
5. CITY MANAGER STATEMENTS
6. CITY ATTORNEY STATEMENTS
7. FUTURE AGENDA REQUESTS
********************************************************************************************************* CONSENT CALENDAR ITEMS 8-15
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 City of Taft Council/Successor Agency Meeting
Agenda
April 18, 2023
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?
8. MINUTES
March 21, 2023
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant # 031723 Check No. 97725-97727 $ 20,528.99
Warrant # 031723 Check No. 97728 $ 895.96
Warrant # 033123 Check No. 97729-97772 $ 104,143.93
Warrant # 033123 Check No. 97773-97784 $ 20,677.68
Warrant # 041423 Check No. 97785-97833 $ 287,693.35
Recommendation – Approve payment of the bills.
10. MONTHLY REPORT FOR KERN COUNTY STATION 21
Recommendation –
1. Receive and file the monthly report for March 2023 from Kern County Fire Truck Number 21; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
11. AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2023 Recommendation –
1. Motion to award three Safe and Sane Firework stands for July 4, 2023 to the Taft Motorcycle Club, Taft Sportsmen’s Club and West Side Recreation and Park District.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
12. APPROVAL OF EXTRA HELP ACCOUNTANT POSITION
Recommendation –
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT UPDATING POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF EXTRA HELP ACCOUNTANT.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
13. SB-1 CITY OF TAFT PROJECT FOR FISCAL 2023/2024
Recommendation –
1. A motion to adopt a resolution entitled a resolution of the City Council of the City of Taft adopting a list of projects funded by the SB 1: The Road Repair and Accountability Act.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
City of Taft Council/Successor Agency Meeting
Agenda
April 18, 2023
14. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2022 TO DECEMBER 2022
Recommendation –
1. Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of October 2022 through December 2022.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
15. LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2022-23 CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT BUS AND RELATED
SUPPORT INFRASTRUCTURE PROJECT
Recommendation –
1. Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND
AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY2022-23 FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $23,311 IN
LCTOP FUNDS
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
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ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
AFFIDAVIT OF POSTING
I, 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 April 13, 2023 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 April 13, 2023, at Taft, California.
Signature _________
PROCLAMATION
DECLARING
APRIL 2023
DMV/DONATE LIFE CALIFORNIA MONTH
IN KERN COUNTY
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average 17 people die each day while waiting due to the shortage of donated organs; and
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, deceased organ donors saved more than 42,000 lives last year, the most ever; and WHEREAS, over seventeen million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye and tissue donors are honored; and
WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles.
NOW THEREFORE, the City Council of the City of Taft does hereby join other cities in proclaiming the month of April, 2023, as DMV/Donate Life Month in Kern County.
Dated this 4th day of April 2023.
__________________________________
Dave Noerr, Mayor
_________________________________ _________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ____________________________________ _________________________________ Carlos Chavira, Council Member Ron Waldrop, Council Member
PROCLAMATION
DECLARING
“National Public Safety Telecommunications Week
April 9-15, 2023”
WHEREAS, National Public Safety Telecommunications Week was founded to honor the telecommunication personnel dedicating their lives to public safety. It was a local initiative that was initially set up in 1981 by Patricia Anderson of Contra Costa County, which later went on to become a nationwide, week-long event; and
WHEREAS, National Public Safety Telecommunications Week is celebrated each year during the second full week of April to coincide with National 9-1-1 education month; and WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone 911; and WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job over the years; and NOW THEREFORE, that the City Council of the City of Taft recognizes and extends appreciation to our dedicated and skilled dispatchers and hereby proclaim the week of April 9 - 15, 2023 as Public Safety Telecommunications week in the City of Taft.
Dated this 4th day of April 2023.
_______________________________
Dave Noerr, Mayor
________________________________ __________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ______________________________________ ______________________________________ Ronald Waldrop, Council Member Carlos Chavira, Council Member
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
MARCH 21, 2023
The March 21, 2023, 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 City Manager, Craig Jones, invocation given by Pastor Joey Pittman.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Carlos Chavira and Ronald Waldrop City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
1. CITIZEN REQUESTS/PUBLIC COMMENTS
Dr. Kathy Orrin, Executive Director of the Taft Chamber of Commerce, addressed the Council and shared information on upcoming local events.
2. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop gave a report out on this month’s League of California Cities meeting he attended.
Council Member Chavira thanked the Westside Waste Management cleanup crew for their recent Saturday cleanup project and shared about the fundraiser to name a portion of Highway 119 after local veteran Luis Ruan.
Council Member Bryant gave kudos to the police department for bringing back Coffee with a Cop, spoke about the carbon recapture program and encouraged Taft citizens to engage and educate themselves regarding the program and talked about Conley Schools celebrating 110 years.
Mayor Pro Tem Krier thanked law enforcement for all they do.
Mayor Noerr touched on the sequestration/fresh air carbon recapture program sharing that the program will be center stage in our area and reminded everyone that all the rain has brought a lot of weeds and it is a property owners’ obligation to take care of their weeds.
3. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that at their last meeting the Commission began the process to update the Housing Element for the General Plan.
4. DEPARTMENT REPORTS
Police Chief, Damon McMinn, reported out on today’s Coffee with a Cop.
5. CITY MANAGER STATEMENTS
There was none.
City of Taft Council/Successor Agency Meeting
Minutes
March 21, 2023
6. CITY ATTORNEY STATEMENTS
There was none.
7. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 8-12
Motion: Moved by Bryant, seconded by Krier to approve consent calendar items 8-12.
AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
8. MINUTES
March 7, 2023
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant # 031723 Check No. 97652-97724 $ 246,594.77
Recommendation – Approve payment of the bills.
10. MONTHLY REPORT FOR KERN COUNTY STATION 21
Recommendation – Receive and file the monthly report for February 2023 from Kern County Fire Truck Number 21.
11. RATIFY AGREEMENT WITH WALLACE GROUP FOR REGULATORY COMPLIANCE
ASSISTANCE
Recommendation –
1. Ratify the already executed agreement with Wallace Group for preparation and update of the Sanitary Sewer Management Plan (SSMP) Update and Spill Emergency Response Plan 2023; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
12. PURCHASE OF (5) FIVE 12-GAUGE SHOTGUNS
Recommendation –
1. Motion to accept the quote provided by Pro-force Law Enforcement and appropriate $2,806.63 from the Asset Forfeiture fund for purchase of five new 12-gauge shotguns.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
City of Taft Council/Successor Agency Meeting
Minutes
March 21, 2023
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13. VOTE FOR APPOINTMENT TO THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT – KERN CITY SEAT
Krier nominated Cory Morse, Waldrop seconded and with no other nominations a motion and vote was taken.
Motion: Moved by Bryant, seconded by Krier to:
1. Nominate Cory Morse, for appointment to the District Governing Board.
2. Adopt a resolution entitled A RESOLUTION OF CITY COUNCIL OF THE
CITY OF TAFT NOMINATING THE MEMBER STATED BELOW IN THIS
RESOLUTION TO THE SPECIAL CITY SELECTION COMMITTEE FOR
APPOINTMENT TO THE DISTRICT GOVERNING BOARD; (Resolution No. 4177-23) and
3. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
The meeting was recessed at 6:43 PM to closed session.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY
MANAGER
Government Code Section 54956.8 – undisclosed parcel
ADJOURNMENT
The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff and negotiators. No other reportable action was taken.
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:25 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
MONTHLY REPORT FOR KERN COUNTY STATION 21
SUMMARY STATEMENT:
Kern County now provides a monthly report for Station 21 for the Taft area. This report is being provided to Council for informational purposes only and to be received and filed.
RECOMMENDED ACTION
1. Receive and file the monthly report for March 2023 from Kern County Fire Truck Number 21; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Report
PREPARED BY: City Manager
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2023
SUMMARY STATEMENT
Each year the City accepts applications from qualified nonprofit organizations to operate Safe and Sane Firework stands pursuant to the City Code regulations Title IV, Chapter 13. City Code states that there will be a lottery drawing and four will be selected plus one alternate.
There were only three applicants this year and they are as follows:
Taft Motorcycle Club
Taft Sportsmen’s Club
West Side Recreation and Park District
RECOMMENDED ACTION:
1. Motion to award three Safe and Sane Firework stands for July 4, 2023 to the Taft Motorcycle Club, Taft Sportsmen’s Club and West Side Recreation and Park District.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Deputy City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: April 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL OF EXTRA HELP ACCOUNTANT POSITION
SUMMARY STATEMENT
Due to staffing and deadlines that must be met, there is an immediate need for a temporary Extra Help Accountant in the Finance Department. This immediate need will be of limited-term duration and will be working limited hours each week to ensure compliance and deadlines are met. Normally this request would be addressed initially through the Personnel and Finance Committees, but due operational necessity is being brought to the City Council directly for approval.
Staff intends to request a regular full-time Accountant through the Personnel and Finance Committees for inclusion in next year’s budget. If the Committees recommend the position, it will be brought to the Council for consideration under separate action.
RECOMMENDED ACTION
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT UPDATING POSITION CLASSIFICATION PLAN TO ADD THE CLASSIFICATION OF EXTRA HELP ACCOUNTANT.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): Costs will be absorbed in the existing current year departmental budget.
ATTACHMENT (Y/N): Resolution
PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
UPDATING POSITION CLASSIFICATION PLAN TO ADD THE
CLASSIFICATION OF EXTRA HELP ACCOUNTANT
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:
Add: Extra Help Accountant: Salary: $36:00 Per Hour
PASSED, APPROVED AND ADOPTED this 18th day of April, 2023 _____________________________
Orchel Krier, Mayor Pro Tem
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on this 18th day of April, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: April 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
SB-1 CITY OF TAFT PROJECT FOR FISCAL 2023/2024
SUMMARY STATEMENT:
SB-1 requires that all projects proposing to use SB-1 funding are named in the budget and acknowledged by resolution to be considered for funding. The city has a Pavement Management Plan and has worked to prioritize and improve the pavement condition throughout the city using various funding sources including the city’s general fund. This project will prioritize 4th Street from Kern Street to Ash Street for road surface re-construction.
Fiscal Year 2023/ 2024 apportionment estimate: $ 214,992 Project: 4th Street Asphalt Overlay Project
Cost Estimate: $525,000 Multi-program funded project (Local, HUTA, RSTP, and SB-1)
RECOMMENDED ACTION
1. 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 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): N
ATTACHMENT (Y/N): Resolution
PREPARED BY: Public Works Department
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of The City of Taft are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Taft must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Taft, will receive an estimated $214,992 in RMRA funding in Fiscal Year 2023-24 from SB 1; the city wishes to establish a new multi-year project to resurface a portion of 4th Street in Taft.
WHEREAS, this is seventh year in which the City of Taft is receiving SB 1 funding and will enable the city to continue its pedestrian and transportation maintenance improvements along 4th Street from Kern Street to Ash Street, for the traveling public; and WHEREAS, the city used an Pavement Management plan to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the city maintain and rehabilitate roadways throughout the city this year and many similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Taft’s streets and roads are in an poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an at risk condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure.
City Council/Successor Agency
Resolution No.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Taft, State of California, as follows:
1. The foregoing recitals are true and correct.
2. This is a newly proposed multiyear project which will be funded in-part with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in addition to HUTA and RSTP funding.
4th Street Asphalt Overlay Project; Grind and replace asphalt Location: 4th street from Kern Street to Ash Street
Useful life 5-10 years
Project start date: December 3, 2023- Project completion July 31, 2025 PASSED, APPROVED AND ADOPTED this 18th day of April 2023.
Orchel Krier, Mayor Pro Tem
ATTEST:
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 18th day of April, 2023.
AYES: COUNCIL MEMBERS:
NAYS: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2022 TO DECEMBER 2022
SUMMARY STATEMENT:
The City of Taft and the Taft Chamber of Commerce (“Chamber”) entered into an agreement on September 16, 2008 where the City Council recognized the best interest of the City to financially support the Chamber. The City Council agreed to fund the Chamber in the amount of 25% of the actual Transient Occupancy Tax (“TOT”) received and paid quarterly to the Chamber.
The total amount of TOT received by the January 31, 2023 deadline for the quarter of October 2022 through December 2022 were $50,014.00 and the amount to be allocated to the Chamber will be $12,503.50.
RECOMMENDED ACTION
1. Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of October 2022 through December 2022.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Teresa Binkley, Finance Director
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2022-23 CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT BUS AND
RELATED SUPPORT INFRASTRUCTURE PROJECT
SUMMARY STATEMENT:
The LCTOP was established by California Senate Bill 862 to provide funding, on a formula basis, for operational or capital expansion projects to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. The funds are derived from California’s Capand-Trade Program and are the result of quarterly auctions of emission credits for greenhouse gas emitters regulated under AB 32, California’s Global Warming Solutions Act of 2006. Auction proceeds, known as the Greenhouse Gas Reduction Fund, are then reinvested in various projects to further reduce emissions.
The allocation request to Caltrans for the Low Carbon Transit Operations Program (LCTOP) toward the future purchase of two zero-emission electric bus along with related support infrastructure will be completed in future years after sufficient funds have been accumulated. This resolution is required to request allocations for this funding from Caltrans. The attached resolution will authorize the City Manager to sign and execute any documents required of the LCTOP program and any amendment thereto with the California Department of Transportation RECOMMENDED ACTION:
1. Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND
AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY2022-23 FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $23,311 IN
LCTOP FUNDS
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Resolution, Certifications and Assurances and Authorized Agent Form
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. ________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW
CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY 2022-23 FOR THE FOLLOWING PROJECT: PURCHASE ZERO-EMISSION TRANSIT
BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING
$23,311 IN LCTOP FUNDS
WHEREAS, the City of Taft is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects, and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Taft wishes to delegate authorization to execute these documents and any amendments thereto to Craig Jones, City Manager.
WHEREAS, the City of Taft wishes to implement the following LCTOP project(s) listed above,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Taft that Craig Jones, City Manager be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Taft that it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY 2022-23 LCTOP funds:
Project Name: Purchase of a zero-emission transit bus and related support infrastructure project.
Amount of LCTOP funds requested: $23,311
Short description of project: Purchase a zero-emission battery-electric bus and related support infrastructure to replace gasoline bus at the end of its useful life Contributing Sponsors (if applicable): Kern Council of Governments RESOLUTION NO:______________
PASSED, APPROVED AND ADOPTED on this 18th day of April, 2023. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 18th day of April 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________
Yvette Mayfield, MMC
City Clerk
FY 2022-2023 LCTOP
Certifications and Assurances
Lead Agency: City of Taft
Project Title: Purchase a zero-emission transit bus and related support infrastructure Prepared by: Teresa Binkley
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).
As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.
A. General
1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.
2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.
B. Project Administration
1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.
2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.
3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.
4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.
5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.
6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.
7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.
FY 2022-2023 LCTOP
8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).
Certifications and Assurances
9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.
C. Reporting
1. The Lead Agency must submit the following LCTOP reports:
a. Semi-Annual Progress Reports by May 15th and November 15th each year. b. A Final Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines.
2. Other Reporting Requirements: CARB is developing Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles
1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and FY 2022-2023 LCTOP
Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with Certifications and Assurances
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.
A. Record Retention
1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.
FY 2022-2023 LCTOP
2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment.
The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.
3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.
I certify all of these conditions will be met.
Dave Noerr Mayor
(Print Authorized Agent) (Title)
(Signature) (Date)
FY 2022-2023 LCTOP
Authorized Agent
AS THE Mayor
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Taft
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the City Council must provide a resolution approving the Authorized Agent. The City Council Resolution appointing the Authorized Agent is attached.
Dave Noerr, Mayor OR
(Name and Title of Authorized Agent)
Craig Jones, City Manager OR
(Name and Title of Authorized Agent)
Lonn Boyer, Assistant City Manager OR
(Name and Title of Authorized Agent)
Teresa Binkley, Finance Director OR
(Name and Title of Authorized Agent)
Dave Noerr Mayor
(Print Name) (Title)
(Signature)
Approved this 18th day of April , 2023