TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, MARCH 5, 2024
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. PUBLIC HEARING – CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORTING (APR) FOR 2023
Recommendation –
1. Open the Public Hearing to Receive comments on the Housing Element Progress Report;
2. Receive and file the Housing Element Annual Progress Report for calendar year 2023; and
3. Direct the Planning Director to submit the Housing Element Annual Progress Report to HCD and OPR.
4. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines as the APR filing is not considered a project.
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
City of Taft Council/Successor Agency Meeting
Agenda
March 5, 2024
7. FUTURE AGENDA REQUESTS
****************************************************************************************************** CONSENT CALENDAR ITEMS 8-9
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?
8. MINUTES
February 20, 2024 Regular
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant # 021624 Check No. 99306-99365 $ 241,325.10
Warrant # 022324 Check No. 99366-99367 $ 1,346.47
Warrant # 022324 Check No. 99368-99378 $ 99,496.31
Warrant # 030124 Check No. 99379-99441 $ 140,280.83
Recommendation – Approve payment of the bills.
******************************************************************************************************
10. MUTUAL RELEASE AND WAIVER WITH NEW HOPE TEMPLE PENTECOSTAL CHURCH OF GOD AND PAYMENT OF $15,150.00
Recommendation – Motion to authorize the Mayor to sign the Mutual Release and Waiver, authorize the City Manager to pay the Settlement Amount to New Hope and find that the Mutual Release and Waiver 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.
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 Willard, 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 February 29, 2024 at _______ p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed February 29, 2024, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING – CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORTING (APR) FOR 2023 SUMMARY STATEMENT:
California Government Code Section 65400 requires each governing body (City Council or Board of Supervisors) to prepare an annual progress report (APR) on the status and progress in implementing the jurisdiction's Housing Element of the General Plan per the Department of Housing and Community Development (HCD). Housing Element reports are due for each calendar year on the following April 1, and must be sent to HCD and the Governor’s Office of Planning and Research (OPR).
The 2023 calendar year is the final year of the current Housing Element cycle of 2015 to 2023. The attached APR identifies the housing activity data for the 2023 calendar year. In 2023, the City issued three building permits for 1) a conversion of an office building into a single-family dwelling with an attached accessory dwelling unit (ADU), and 2) one ADU, and 3) a new single-family home, and one permit issued in 2022 for a residential unit in a commercial building in downtown that was not included in the 2022 APR list (see Table A2). The 5th cycle Housing Element was approved in December 2015, and Table B shows the residential development progress since then with a total of 70 residential units completed.
The Planning Commission reviewed and accepted the report at their meeting on February 7, 2024.
Staff is recommending that the City Council review and file the Annual Housing Element Progress Report for the 2023 calendar year. Once accepted, the Planning Director will electronically submit the report to HCD and mail a copy of the report to the OPR.
RECOMMENDED ACTIONS:
1. Open the Public Hearing to Receive comments on the Housing Element Progress Report;
2. Receive and file the Housing Element Annual Progress Report for calendar year 2023; and
3. Direct the Planning Director to submit the Housing Element Annual Progress Report to HCD and OPR.
4. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines as the APR filing is not considered a project.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Housing Element Annual Progress Report for 2023 PREPARED BY: Mark Staples, Director, Planning & Development Services Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
Please Start Here
General Information
2023
Taft
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
209 E. Kern St.
Taft
93268
Mark
Staples
Director, Planning and Development Services
[email protected]
6617631222
Mailing Address
Annual Progress Report January 2020
Jurisdiction Taft
Reporting Year 2023
Housing Element Planning Period 5th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 4
0 4
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 2 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 1
Accessory Dwelling Unit 0 2 0
Mobile/Manufactured Home 0 0 0
Total 0 4 1
Infill Housing Developments and Infill Units Permitted # of Projects Units 4 4
0 0
0 0
0 0
0 0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
12/31/2015 - 12/31/2023
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications
# of
Applications Units
Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 19 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by
project
Total
DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
031-050-21 428 Center St B22-000-158 5+ R
0 031-100-02 325 Kern St 22108 SFD O
0 031-100-02 325 Kern St 22108 ADU R 0
031-150-18 424 Kern St. 23168 ADU R
0 032-137-19 406 S. 8th St. 23140 SFD O 0
0 0
0 0
0 Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Cells in grey contain auto-calculation formulas
8 9 11 12
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 4 0 4 0 0 0 0 0 1 0 1
1 6/15/2022 1 1 9/11/2023 1
1 2/28/2023 1 0
1 2/28/2023 1 0
1 8/30/2023 1 0
1 8/31/2023 1 0
0 0
0 0
0 0
0 0
0 0
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 0
0 NONE Y N/A
Conversion of storage
area of commercial
building into a residential
unit. Mistakenly left off
2022 APR.
0 NONE Y N/A
Conversion of office to
SFR - had previously
converted from SFR to
Office 20+ years prior
0 NONE Y N/A ADU added onto
converted SFR
0 NONE Y N/A
Conversion of
garage/storage building
0 NONE Y N/A
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - 1 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - 3 2 5 2 2 2 4
Above Moderate 146 - 11 9 12 6 7 4 4 - - 53 93
254
- 11 9 15 8 12 6 6 3 4 74 180
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
26 - - - - - - - - - - 26
25 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely lowincome category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
10 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
20 Moderate
52 26
30 Please contact HCD if your data is different than the material supplied here 1 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
52 Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Taft
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Rehabilitation Continue Housing Rehabilitation
program with a goal of 10 units per year 2015 to 2023 The City of Taft did not have a housing rehabilitation project in 2023 Housing Rehabilitation -
Public Information
Provide program info to property
owners in hard copy form at City Hall
and post on City website and social
media sites regarding programs and
funding availability
2015 to 2023
Ongoing. City Grants Administrator publishes grant availability information for Housing Rehabilitation in hard copy form as handouts at City Hall. The Admin has also utilized the City's website, Facebook, and Twitter pages , as well as advertising in the local newspaper to distribute the information.
First-Time Home Buyer
(FTHB)
Continue the first-time home buyer
program
2015 to 2023
Ongoing. Since 2015, the City of Taft approved funds for twelve (12) First-Time Home Buyer loans. The loans/funds included nine (9) for Low Income families and three (3) for very low income families. However, in 2022 the City did not fund a FTHB.
Zoning Ordinance Review Complete Ordinance review and
amendment 6/1/2017
COMPLETE. On September 20, 2016, the City Council approved Ordinance No. 822- 16 to increase the maximum density in the R-1 Zone increasing from 5 to a max of 7 du/ac, the R-2 Zone increasing from 14 to a max of 15 du/ac, and the R-3 Zone increasing from 24 to a max of 29 du/ac.
Multi-Family Housing
Project
Develop an expedited re-approval
process for an affordable low-income
housing project on Adequate Site #35
2015 to 2023
On November 15, 2022, the Taft City Council adopted the Downtown Taft Specific Plan (DTSP). The Plan's project area includes Adequate Site #35, which now has a Specific Plan Land Use designation of Medium Density Residential. The new designation allows residential development with a density range of 12 to 24 dwelling units per acre, and allows for a full range of multi-family residential types. In 2023, did not receive applications or inquiries for the property, but the DTSP will be used as a tool to encourage developers to develop the multi-family residential project called for in the plan.
Land Use Element Update Complete Land Use Element Update, if necessary
6/1/2017
COMPLETE. On April 18, 2017, the Taft City Council adopted Resolution No. 3818-17 approving a General Plan Amendment that included amendments to the Land Use Element and Land Use Map. The Land Use designations were reevaluated to ensure properties identified on the Adequate Sites list were consistent with their applicable Zoning District.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Sustainable Community Approve a Climate Action Plan 12/1/2016 COMPLETE. On April 18, 2017, the Taft City Council adopted Resolution No. 3819-17 approving a Climate Action Plan, which included strategies to reduce greenhouse gas emissions and streamline environmental review. The Plan was developed based on the General Plan Amendment Land Use Map amendments (Reso. No. 3818-17) and included reduction measures and implementation actions to help the City acheive state recommended emissions reduction targets for 2020, 2030 and 2050.
Code Enforcement Encourage more rehabilitation, limit
demolitions to a maximum of 2 per year. 2015 to 2023
Ongoing. In 2023, the City issued no permits for the demolition of residential structures. Also in 2023, the City completed Ordinance No. 852-23 an amendment of municipal code regulations to update the adminstrative and code enforcement procedures related to blight, nuisances, and potential demolitions of structures.
Fair Housing Support Establish relationship with existing service providers 2015 to 2023 Ongoing. City Grants Administrator maintains a list of referral agencies that is utilized for any fair housing complaints coming into the City.
Information Dissemination
Continue to prepare information in
English and Spanish for distribution to
the public through libraries, senior
centers, civic center offices, etc.
2015 to 2023 Ongoing. As with the public information for rehabilitation, the Grants Administrator has produced housing information flyers in English and Spanish for use by the public.
Senior Housing Project
Complete construction of an additional
50+ units of senior affordable lowincome housing12/1/2023 Ongoing. The City of Taft received no applications or other communications for new multi-family residential development projects for 2023.
Homeless
Services/Emergency
Shelter
Work with existing service providers
and establish City role/assistance.
Begin joint regular meetings (monthly,
quarterly, yearly, etc.) with
representatives of local service
providers to determine the current
homeless services need.
2015 to 2023
Ongoing. In 2018, the Taft City Council formed the Homelessness and Vagrancy Issues Ad Hoc Committee. The committee currently consists of city staff, Police Dept staff, and a local non-profit from Bakersfield to develop a strategy and action plan for local Taft homelessness.
ADA
Compliance/Reasonable
Accommodation
1. Amend the Zoning Ordinance
requiring ADA compliance for all new
and rehabilitation projects.
2. Continue application of California
Building Code accessibility standards.
3. Adopt Reasonable Accommodation
Ordinance by December 2016.
12/1/2016
COMPLETE. On September 20, 2016, the Taft City Council adopted Ordinance No. 823-16 amending the General Development Standards of the Municipal Code to include Reasonable Accommodation standards.
Infrastructure Assistance
Create a Community Revitalization and
Investment Authority, and develop an
Infrastructure Assistance Plan, or
within 12 months of becoming eligible
to create such an authority.
12/1/2016
Ongoing. The PGP and LEAP grant funding for the development of the Downtown Taft Specific Plan (completed and adopted December 2022) was not sufficient to fully analyze the effectiveness of forming a Community Revitalization and Investment Authority (CRIA) and/or Enhanced Infrastructure Financing District (EIFD). However, the City's Public Works Department has continued to utilize various infrastructure funding sources to improve the curb, gutter and sidewalk improvements in the areas of Taft that are inadequate, incomplete, and not ADA accessible.
Funding for New LowIncome Housing
Developments and
Rehabilitation
Perform an annual review of available
funding sources and apply, as
appropriate, with at least 3 successfully
funded applications; Assist at least 50
units during planning period.
2015 to 2023 Ongoing. The City of Taft received no inquiries and no applications for new multifamily residential housing development projects in 2023.
Market Rate Entry Level
Homes
Support and encourage developer of
Adequate Site #24 to build out all 394
lots by December 2023.
12/1/2023
Ongoing. The developer of Site #24 has sold and occupied all 48 SFRs of Phase 1 and 2 of the approved tract. The last home was finaled in January of 2022. The approved tracts have over 300 lots remaining to develop per the approved tentative tract maps.
In-Fill Housing
Promote development of homes on infill lots listed on the Adequate Sites list and allow homes to be built on
substandard lots without a Variance.
2015 to 2023
Ongoing. All permits issued in 2023 for residential units can be considered in-fill houwing. One was issued for a traditional SFR unit on a vacant lot. One permit was to convert an office to a residential unit with an accessory dwelling unit, the office had been converted from a SFR unit 20+ years earlier. A permit was issued for a garage/storage building conversion to an ADU on an existing SFR in-fill lot. The last permit was issued in 2022 (lefr off the 2022 APR) that converted a storage area of an existing commercial building that fronts on our downtown main street.
Self-Help Housing
Work with Habitat for Humanity to build
one self-help single-family affordable
housing unit per year on in-fill sites.
2015 to 2023
Ongoing. In 2022, the City of Taft has sold a property to and issued a permit for a new single-family residential unit to Habitat for Humanity as 233 Calvin Street.
Permits were issued in October 2022, and construction has yet to fully commence due to utility issues. Home expected to be completed in 2024.
Developmentally Disabled
Explore models to encourage the
creation of housing for persons with
developmental disabilities and
implement a program by 2017
2017
Ongoing. Taft College's Transition to Independent Living (TIL) Program provides a post-secondary educational experience for adults with developmental/intellectual disabilities, with on-campus dorm facilities and connect the adults with living arrangements within the City of Taft. ARC-Taft is a local non-profit that provides supported living opportunities for adults with developmental disabilities; while also providing support services such as employment training, doctor appointments, and utilizing local transit options.
General Comments
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Jurisdiction Taft
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Taft Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Kern County jurisdictions, please format the APN's as follows:999-999-99-99-9 Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Jurisdiction Taft ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
No Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.
Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Jurisdiction Taft
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Zoning Ordinance Amendment to
Accelerate Housing Production $65,000.00 $0.00 REAP
Ordinance Adopted in December 2022
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 4
0 4
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
0 1
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
Completed
TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
FEBRUARY 20, 2024
The February 20, 2024 regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Noerr and invocation was given by Greg Mudge.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Member Carlos Chavira
City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
ABSENT: Council Members Josh Bryant and Ron Waldrop
1. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.
2. COUNCIL STATEMENTS (NON-ACTION)
Council Member Chavira talked about the legacy of Vince Alvidrez in Taft and at Taft High School upon his recent passing.
Mayor Pro Tem Krier encouraged everyone to educate themselves and vote in the upcoming election.
Mayor Noerr quoted former Mayor, Randy Miller, encouraging everyone to get to their weeds now while the weather is good, and they are small and more easily removed.
3. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that they moved on two items at their last meeting. One being a Conditional Use Permit (CUP) for a new microblading business and the other being the Department of Housing and Community Development annual housing report.
4. DEPARTMENT REPORTS
There was none.
5. CITY MANAGER STATEMENTS
There was none.
6. CITY ATTORNEY STATEMENTS
There was none.
7. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* City of Taft Council/Successor Agency Meeting
Minutes
February 20, 2024
CONSENT CALENDAR ITEMS 8-11
Motion: Moved by Krier, seconded by Chavira to approve consent calendar items 8-
11. AYES: Krier, Chavira, Noerr
PASSED: 3-0
8. MINUTES
February 6, 2024 Regular
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant # 020224 Check No. 99242-99293 $ 111,219.86
Warrant # 020224 Check No. 99294-99305 $ 21,792.99
Recommendation – Approve payment of the bills.
10. PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION’S NATIONAL PLANNING CONFERENCE IN MINNEAPOLIS, MN, FROM APRIL 12 TO APRIL 16, 2024
Recommendation – Motion to approve travel expenses for the Planning Director to attend the American Planning Association’s National Planning Conference in Minneapolis, MN, from April 12 to April 16, 2024, with approved expenses not to exceed $1,500.00 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
11. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 - JANUARY 2024 Recommendation – Receive and file the monthly report for January 2024 from Kern County Fire Station No. 21 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
********************************************************************************************* At 6:13 PM the meeting recessed to closed session.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
The City Council discussed in closed session that item 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 6:35 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
MUTUAL RELEASE AND WAIVER WITH NEW HOPE TEMPLE PENTECOSTAL CHURCH OF GOD AND PAYMENT OF $15,150.00
SUMMARY STATEMENT:
Beginning in September 2022, the City of Taft, as Successor Agency to the Taft Community Development Agency (“Successor Agency”) and the New Hope Temple Pentecostal Church of God (“New Hope”) commenced negotiations for the potential sale of real property located at the southeast corner of 6th Street and Front Street (the “Property”). As part of these negotiations, New Hope engaged Krazan & Associates, Inc. to conduct site investigation, statistical analyses, and prepare a Phase II Limited Site Assessment Report (“Phase II Report”). After Krazan conducted these studies and provided New Hope the Phase II Report, New Hope determined that the Property is not suited for its needs and both the Successor Agency and New Hope agreed to terminate negotiations for the Property.
New Hope spent $15,150.00 (the “Settlement Amount”) on the site investigation and the preparation of the Phase II Report, which has been provided to the Successor Agency and will be available for the Successor Agency’s use in a future sale or development of the Property. New Hope and the Successor Agency now desire to end negotiations for the sale of the Property, with the Successor Agency reimbursing New Hope for the costs of the site investigation and Phase II Report and both Parties releasing any and all claims related to the sale of the Property and the site investigations. The City has prepared a Mutual Release and Waiver to be signed by the City, the Successor Agency, New Hope, and New Hope’s affiliate, the Pentecostal Church of God, Southern California District Inc. (the “New Hope Parent”). New Hope and the New Hope Parent have signed the Mutual Release and Waiver. The form of the Mutual Release and Waiver is included in the agenda materials for tonight’s meeting.
RECOMMENDED ACTION
Motion to authorize the Mayor to sign the Mutual Release and Waiver, authorize the City Manager to pay the Settlement Amount to New Hope and find that the Mutual Release and Waiver is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): Yes, $15,150.00
ATTACHMENT (Y/N): Yes, Memorandum of Understanding
PREPARED BY: Office of the City Manager
1 4884-7847-2820v2/200615-0008
MUTUAL RELEASE AND WAIVER
This MUTUAL RELEASE AND WAIVER (the “Agreement”) is made by and among the City of Taft, a California municipal corporation (the “City”), the Successor Agency to the Taft Community Development Agency, a California public agency and successor agency to the former Taft Community Development Agency (the “Successor Agency” and, together with the City, “Taft”), the Pentecostal Church of God, Southern California District Inc., a California Nonprofit Corporation (the “Buyer”), and New Hope Temple Pentecostal Church of God, a California limited liability company (the “Local Buyer Affiliate”). The City, the Successor Agency, the Buyer, and the Local Buyer Affiliate are referred to as the “Parties” and each of them as a “Party.” This Agreement shall become effective on the date on which it has been signed by all Parties (the “Effective Date”).
WHEREAS, Local Buyer Affiliate operates a Pentecostal Church in the City of Taft, California and is looking for a new location for its various church operations (all such church operations, including worship, education, childcare, housing, or any other related or associated operations are referred to collectively herein as the “Church”); WHEREAS, the City and the Local Buyer Affiliate have discussed various locations for the Local Buyer Affiliate to operate the Church in the City; WHEREAS, in or around September 2022, Taft and the Local Buyer Affiliate commenced negotiations for the potential conveyance by the Successor Agency to the Buyer or the Local Buyer Affiliate of certain real property located at the southeast corner of 6th Street and Front Street in the City (the “Subject Property”);
WHEREAS, the Local Buyer Affiliate previously conducted certain soil and site condition studies at the Subject Property (the “Reports”);
WHEREAS, the Parties have determined that the Subject Property is not suited to the Buyer’s and the Local Buyer Affiliate’s needs and have terminated negotiations for the conveyance of the Subject Property;
WHEREAS, the Parties desire to resolve all controversies and disputes among and between them, including, but not limited to disputes relating to or arising out of the selection of a location for the Church, the investigations and studies conducted by any Party relating to the Subject Property or any other property in the City, the negotiation of a purchase and sale agreement for the Subject Property, and any other negotiations or relationship between the City or Successor Agency, on one hand, and the Buyer or Local Buyer Affiliate, on the other hand (collectively, the “potential disputes”);
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter provided, and of the actions taken or to be taken pursuant thereto, and other good and valuable consideration, the Parties hereby agree as follows:
1. Settlement Payment: The Successor Agency shall pay the total sum of Fifteen Thousand One Hundred Fifty Dollars ($15,150.00) to the Local Buyer Affiliate within fifteen (15) days following the Effective Date, provided that the Local Buyer Affiliate has delivered a 2 4884-7847-2820v2/200615-0008
completed Internal Revenue Service Form W-9: Request for Taxpayer Identification Number and Certification in advance of that date. The check shall be made payable to the Local Buyer Affiliate.
2. Reports. The Parties acknowledge that the Local Buyer Affiliate engaged Krazan & Associates, Inc., to conduct site investigation and statistical analyses and prepare a Phase II Limited Site Assessment Report (the “Report”) regarding the Subject Property. The Local Buyer Affiliate provided a copy of the Report to the City and Successor Agency. The Buyer and the Local Buyer Affiliate each represent and warrant to the City and Successor Agency that neither the Buyer nor the Local Buyer Affiliate has in its possession originals or copies of any reports or other information regarding the physical condition of the Subject Property other than the Report.
3. Releases
3.1. Mutual Releases—City and Successor Agency: On the Effective Date, the City and the Successor Agency, on behalf of themselves and their respective present, former, and future City Council, Successor Agency Board, City Council members, Successor Agency Board members, officers, directors, employees, managers, agents, representatives, and assigns, hereby and forever release, acquit, and discharge the Buyer and Local Buyer Affiliate and their respective present, former, and future parent entities, subsidiaries, affiliates, stockholders, members, owners, principals, officers, directors, employees, managers, agents, attorneys, representatives, and assigns from any and all claims, actions, rights, judgments, orders, demands, suits, causes of action, losses, obligations, promises, liabilities, costs, damages, restitution, attorneys’ fees, and compensation of any kind, nature or description whatsoever, whether known or unknown, whether fixed or contingent, whether accrued or unaccrued, including but not limited to tort claims, contract claims, statutory claims, and declaratory judgment actions, that the City or Successor Agency ever had, may have had or now have as of the Effective Date against the Buyer or Local Buyer Affiliate or any released party, including, but not limited to, arising out of, relating to, or based in any way on the potential disputes.
3.2. Mutual Releases—Buyer and Local Buyer Affiliate: On the Effective Date, the Buyer and the Local Buyer Affiliate, on behalf of themselves and their respective present, former, and future parent entities, subsidiaries, affiliates, stockholders, members, owners, principals, officers, directors, employees, managers, agents, representatives, and assigns, hereby and forever release, acquit, and discharge the City and the Successor Agency and their respective present, former, and future City Council, Successor Agency Board, City Council members, Successor Agency Board members, officers, directors, employees, managers, agents, attorneys, representatives, and assigns from any and all claims, actions, rights, judgments, orders, demands, suits, causes of action, losses, obligations, promises, liabilities, costs, damages, restitution, attorneys’ fees, and compensation of any kind, nature or description whatsoever, whether known or unknown, whether fixed or contingent, whether accrued or unaccrued, including but not limited to tort claims, contract claims, statutory claims, and declaratory judgment actions, that the Buyer or the Local Buyer Affiliate ever had, may have had or now have as of the Effective Date against the City or Successor Agency or any released party, including, but not limited to, arising out of, relating to, or based in any way on the potential disputes.
3 4884-7847-2820v2/200615-0008
3.3. Civil Code Section 1542 Waiver: The Parties acknowledge and agree that this Agreement shall be effective as a full and final accord and satisfaction and settlement of, and as a bar to, the claims released in this Agreement. In connection therewith, each of the Parties acknowledges that such Party is aware that such Party or such Party’s attorneys may hereafter discover facts different from or in addition to the facts which such Party or such Party’s attorneys now know or believe to be true. It is each of the Parties’ intention hereby to fully, finally, absolutely and forever settle any and all claims, disputes and differences which presently exist and which could have existed between the Parties through the Effective Date, and that, in furtherance of such intention, the mutual releases herein given shall be, and remain in effect as, full and complete mutual releases notwithstanding the discovery of any different or additional facts that may have given rise to additional claims or causes of action. Therefore, each Party acknowledges that it has been informed by its attorneys of, and that it is familiar with, Section 1542 of the Civil Code of the State of California 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.
Unless otherwise specifically provided herein, the Parties hereby waive and relinquish all rights and benefits conferred by Section 1542 of the Civil Code to the fullest extent that they may lawfully waive all such rights and benefits pertaining to the subject matters of this Agreement. The Parties acknowledge that the foregoing waivers were separately bargained for and are key elements of the settlement of which this release is a part. Any waiver described herein does not include waiver for any breach of the obligation of any Party under this Agreement.
4. No Admission of Fault, Liability or Wrongdoing: This Agreement is a compromise of disputed claims between the Parties and will never be treated for any purpose as an admission of liability by any Party and instead merely represents the mutual intent by all Parties to avoid further controversy or litigation.
5. Waiver of Fees and Costs: Each Party agrees to bear its own costs and attorneys’ fees incurred in connection with the matters released herein and the settlement of the potential disputes, including without limitation, the negotiation, drafting and execution of this Agreement.
6. Representations and Warranties: Each Party represents and warrants to the other Parties that:
6.1. Such Party has read this Agreement in its entirety, has had adequate time to consider it, has had the opportunity to consult with counsel of such Party’s choice before signing it, understands the meaning and application of it, and signs it knowingly, voluntarily, and of such Party’s own free will with the intent of binding such Party and its respective releasors;
6.2. Such Party has not been subjected to any duress, undue influence, or inequality of bargaining power in connection with the negotiation or execution of this Agreement; 4 4884-7847-2820v2/200615-0008
6.3. Such Party has not received or relied upon any statement, representation, warranty or promise of any other Party (or anyone purporting to act on any other Party’s behalf) in signing this Agreement, other than the express provisions set forth in this Agreement;
6.4. Such Party understands that it is responsible for any tax consequences, if any, arising in connection with this Agreement; and such Party agrees that it is not relying upon any representation, opinion, or statement by any other Party to this Agreement;
6.5. Such Party has made such investigation of the facts as it felt necessary or desirable;
6.6. Such Party acknowledges that the terms of the Agreement are such that each of the Parties is to receive adequate consideration for the consideration given; and
6.7. Such Party has not assigned any rights, claims, or causes of actions that were asserted or could have been asserted in connection with, arising out of, or related to any of the disputes being settled or released herein by this Agreement.
7. Cooperation of the Parties: The Parties agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of the Agreement.
8. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and supersedes any prior or contemporaneous oral or written agreements, proposed agreements, negotiations, and discussions among the Parties except as expressly provided herein. This Agreement may not be altered, modified, or amended, except by a writing executed by the Parties, nor may any of its provisions be waived, except in writing by the Party granting such waiver.
9. Binding Agreement: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns, and any corporation, partnership, or other entity into or with which any Party hereto may merge, consolidate,or reorganize.
10. Severability: The provisions of this Agreement are severable. If a court of competent jurisdiction rules that any provision of this Agreement is invalid or unenforceable, such a ruling shall not affect the validity or enforceability of any other provision of this Agreement. Each Party represents and warrants to the other Parties that such Party does not believe that any covenant, provision, or term of this Agreement is invalid for any reason.
11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict or choice of law provisions of the State of California or of any other jurisdiction. The Parties consent to the exclusive jurisdiction and venue in the federal and state courts located within the State of California, Kern County, for the resolution of all disputes arising under, or relating to, this Agreement.
12. Full Power and Authority: Except as described in the following sentence, 5 4884-7847-2820v2/200615-0008
each Party and signatory to this Agreement represents and warrants to each other Party that such Party or signatory has full power, authority, and legal right, and has obtained all approvals and consents necessary, to execute, deliver, and perform all actions required under this Agreement. Notwithstanding the foregoing, the Parties acknowledge and understand that the Successor Agency has not sought or obtained approval of this Agreement from the Kern County Consolidated Oversight Board or the State of California Department of Finance.
13. Fair Construction: The Agreement is recognized as the result of arm’s length negotiations between and among the Parties, and the Parties acknowledge that this Agreement was drafted jointly by the Parties. The Agreement will not be construed more strictly against one Party than another merely by virtue of the fact that it, or any part of it, may have been prepared by counsel for one of the Parties. The title of this Agreement and the section, subsection, and any paragraph headings contained herein are for the purpose of convenience only and are not intended to define, limit, or affect, and will not be considered in connection with the interpretation of, any of the terms or provisions of this Agreement.
14. Counterparts: This Agreement may be executed in more than one counterpart (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com), and by electronic transmission, and each such counterpart shall be deemed an original, and all of which, when taken together, shall constitute but one and the same instrument. Electronic copies and photocopies shall be treated as originals.
15. Recitals: The recitals in this Agreement are hereby deemed incorporated into this Agreement.
[Signatures to Mutual Release and Waiver appear on following page.] 6 4884-7847-2820v2/200615-0008
[Signatures to Mutual Release and Waiver]
IN WITNESS WHEREOF, this Agreement has been executed by the undersigned on the dates indicated below.
DATED: February ___, 2024 PENTECOSTAL CHURCH OF GOD,
SOUTHERN CALIFORNIA DISTRICT INC.,
a California Nonprofit Corporation
By:
[Name]
President
By:
Louie Chong
Secretary
DATED: February ___, 2024 NEW HOPE TEMPLE PENTECOSTAL
CHURCH OF GOD, a California limited liability
company
By:
Joey Pittman
President
By:
Donna J. Nunes,
Secretary
DATED: February ___, 2024 CITY OF TAFT, a California municipal corporation
By:
Dave Noerr
Mayor
DATED: February ___, 2024 SUCCESSOR AGENCY TO THE TAFT
COMMUNITY DEVELOPMENT AGENCY, a
California public agency
By:
Dave Noerr
Chair