TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, APRIL 16, 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. CERTIFICATE OF RECOGNITION – FELIX AND SHERRY BRAVO
2. PROCLAMATIONS –
• NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
• “GIVING DAY” – GIVE BIG KERN
3. 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.
4. COUNCIL STATEMENTS (NON-ACTION)
5. PLANNING COMMISSION REPORT
5. DEPARTMENT REPORTS
6. CITY MANAGER STATEMENTS
7. CITY ATTORNEY STATEMENTS
8. FUTURE AGENDA REQUESTS
*********************************************************************************************************** City of Taft Council/Successor Agency Meeting
Agenda
April 16, 2024
CONSENT CALENDAR ITEMS 9-16
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?
9. MINUTES
April 2, 2024 Regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant # 032924 Check No. 99543-99583 $ 121,131.29
Warrant # 040523 Check No. 99584-99603 $ 54,715.42
Warrant # 041224 Check No. 99604-99662 $ 380,338.80
Recommendation – Approve payment of the bills.
11. STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW 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.
12. APPROVAL OF SPECIAL EVENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE 16th ANNUAL RAILS TO TRAILS CAR SHOW ON MAY 18, 2024
Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2024-05 AUTHORIZING THE TAFT CHAMBER OF COMMERCE TO HOST THE 16TH ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL BETWEEN 4TH AND 10TH STREETS, ON SATURDAY, MAY 18, 2024 and 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.
13. AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2024 Recommendation – 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 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
14. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 - MARCH 2024 Recommendation – Receive and file the monthly report for March 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.
City of Taft Council/Successor Agency Meeting
Agenda
April 16, 2024
15. LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2023-24 CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT BUS AND RELATED
SUPPORT INFRASTRUCTURE PROJECT
Recommendation – 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) FY2023-24 FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $25,017 IN LCTOP FUNDS and 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.
16. CONSIDERATION OF ONE SAFE AND SANE FIREWORK STAND FOR 4TH OF JULY, 2024 Recommendation – Motion to accept the late submission and award one Safe and Sane Firework stand for July 4, 2024 to Taft Baseball 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. ***********************************************************************************************************
17. 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.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section 54956.8 – APN’s 031-210-08, 031-080-04, 05 & 06
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 April 11, 2024 at _______ p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed April 11, 2024, at Taft, California.
Signature _________
PROCLAMATION
DECLARING
“National Public Safety Telecommunications Week
April 14-20, 2024”
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.
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 14 - 20, 2024 as Public Safety Telecommunications week in the City of Taft.
Dated this 16th day of April 2024.
_______________________________
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
APRIL 2, 2024
The April 2, 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 Pastor Sean Piefer.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, and Ron Waldrop
City Manager Craig Jones and City Attorney Jason Epperson Recording Secretary Michelle Kincaid
ABSENT: Council Member Carlos Chavira
1. CERTIFICATE OF RECOGNITION – FELIX AND SHERRY BRAVO
Felix and Sherry Bravo were unable to attend, Mayor Noerr tabled the recognition.
2. STUDY SESSION – WESTSIDE RECREATION AND PARK DISTRICT – ELOP SUMMER PROGRAM West Side Recreation and Park District’s District Administrator, Les Clark III, presented and provided information on the ELOP-Full S.T.E.A.M Ahead Summer Enrichment Program.
3. CITIZEN REQUESTS/PUBLIC COMMENTS
Vince Maiocco (President) and Lisa Hill (Vice President) of the Taft Republican Assembly, spoke about their Charter, which is California’s oldest conservative grass- roots political organization.
They provided hand outs as well that stated the Misson of the CRA (California Republican Assembly). They encouraged everyone to register to vote and to vote. They also invited the community to their meetings on the 2nd Tuesday of each month at 7 PM at The Pizza Factory on Center Street.
Jacob Ellis shared information on the illegal dumping issues in Taft and the outlying areas. Noting that Taft Landfill, located at 13351 Elk Hills Rd. is open Monday, Wednesday, Friday, and Saturday 8 AM- 4 PM and Sunday 12 PM- 4PM. Reminding citizens to please dispose of your trash at the landfill or when West Side Waste has their bulky item pickups instead of illegal dumping.
4. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop thanked the people that spoke and made him more aware of issues and to educate him.
Council Member Bryant stated how proud he was of Jacob Ellis for speaking on the issue of illegal dumping. Also thanking Jacob White for his efforts in cleaning up illegal dumping as well.
Encouraging the public to get engaged,
Mayor Pro Tem Krier reported that he attended a meeting earlier in the day regarding no BBQing, pollution from fireworks and trying to make most things zero admissions.
Mayor Noerr shared that it is heartwarming to see young people being engaged with the community and taking pride in your property and community shows.
City of Taft Council/Successor Agency Meeting
Minutes
April 2, 2024
5. DEPARTMENT REPORTS
There was none.
6. CITY MANAGER STATEMENTS
City Manager Jones shared the Bulky Waste Clean Up will be Saturday, April 6th from 8 AM to 12 PM at 10th & Main Street and would like to encourage everyone to take their bulky items. He also stated that the City of Taft has a crew 4 days a week that cleans up illegal dumping in the City limits off our right of ways. They collect enough for a 40-yard bin a week. He also shared to use our online Report a Concern to report illegal dumping.
7. CITY ATTORNEY STATEMENTS
There was none.
8. FUTURE AGENDA REQUESTS
Krier stated he would like to have A St Park contribution increased, Noerr commented that would need to go to the Finance Committee.
************************************************************************************************** CONSENT CALENDAR ITEMS 9-12
Motion: Moved by Bryant, seconded by Krier to approve consent calendar items 9-12.
AYES: Krier, Bryant, Waldrop, Noerr
PASSED: 4-0
9. MINUTES
March 19, 2024 Regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant # 032224 Check No. 99528-99542 $ 67,968.78
Recommendation – Approve payment of the bills.
11. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2023 TO DECEMBER 2023
Recommendation – Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of October 2023 through December 2023, and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
City of Taft Council/Successor Agency Meeting
Minutes
April 2, 2024
12. COMPENSATION ADJUSTMENT FOR EXTRA HELP CORRECTIONAL FACILITY FOOD SERVICE
WORKERS
Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TAFT APPROVING AUTOMATIC INCREASES TO THE HOURLY WAGE OF THE
EXTRA HELP CORRECTIONAL FOOD SERVICE WORKERS IMPACTED BY THE INCREASE IN THE STATE MINIMUM WAGE, (Resolution No. 4229-24) 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.
************************************************************************************************** ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:04 PM. __________ ____________
Michelle Kincaid, Dave Noerr
Recording Secretary Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: April 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA ITEM:
STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW SUMMARY STATEMENT:
The City has received a request from the Taft Chamber of Commerce for the street closure of 6th Street between Main St and Supply Row Center for a car show.
The following street has been designated for closure on May 18, 2024 from 6:00AM and 4:00 PM:
• 6th Street between Main St and Supply Row
California Vehicle Code section 21101 authorizes local agencies by resolution to close streets for special events.
Special event permit requests with conditions of approval will be brought to the next council meeting.
RECOMMENDATION:
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 CHAMBER OF
COMMERCE CAR SHOW
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): Yes (letter and resolution)
PREPARED BY: Public Works Department
RESOLUTION NO. 4230-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2024 CHAMBER OF COMMERCE CAR SHOW WHEREAS, the Taft District Chamber of Commerce has requested a street closure for a car show on May 18, 2024.
WHEREAS, Section 21101 (e) of the California Vehicle Code requires a resolution by Council to temporarily close streets for special events.
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the following street closure from 6:00 a.m. until 4:00 p.m. on May 18, 2024. 6th Street between Main Street and Supply Row.
PASSED, APPROVED, AND ADOPTED this day of April 16, 2024 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 day of April 16, 2024, 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 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL OF SPECIAL EVENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE 16th ANNUAL RAILS TO TRAILS CAR SHOW ON MAY 18, 2024
SUMMARY STATEMENT:
Staff received a Special Event Permit application and letter from Faith Melton with the Taft Chamber of Commerce, requesting to host their 16th Annual Rails to Trails Car Show on Saturday, May 18, 2024, along the trail between 4th and 10th Streets. A separate Encroachment Permit proposes to close 6th Street between Main Street and Supply Row. Set up of the event will begin at 7:00 AM with the car show event beginning at 9:00 AM, with event judging at 3:00 PM. All vendors and car entries with leave the area and with streets reopening and clean-up completed by 5:00 PM.
The event will include vendors selling merchandise, food and drinks, and a DJ playing music at the Rails to Trails stage. All vendors will be required to have an active business license with the City of Taft. The Chamber is requesting the Special Event fees be waived consistent with the Memorandum Of Understanding with the City.
Conditions of approval:
1. $2,000,000 liability insurance naming City of Taft as additional insured
2. Trash receptacles
3. Portable chemical toilets
4. Business Licenses for all Chamber approved vendors
RECOMMENDED ACTION:
1. Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2024-05 AUTHORIZING THE TAFT CHAMBER OF COMMERCE TO HOST THE 16TH ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL BETWEEN 4TH AND 10TH STREETS, ON SATURDAY, MAY 18, 2024
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.
FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution, Chamber of Commerce Letter, Special Event Permit Application, and Site Plan
PREPARED BY: Mark Staples, Director, Planning & Community Development RESOLUTION NO. 4231-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING SPECIAL EVENT PERMIT NO. 2024-05 AUTHORIZING THE TAFT CHAMBER OF COMMERCE TO HOST THE 16TH ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL BETWEEN 4TH AND 10TH
STREETS
WHEREAS, the Taft Chamber of Commerce has submitted a Special Event Permit application, requesting to hold the 16th Annual Rails to Trails Car Show on City property along the trail between 4th and 10th Streets, including live music on the Rails to Trails Stage, on Saturday, May 18, 2024, from 9:00 AM to 3:00 PM, with all vendors and car show participants off the trail area by 5:00 PM; and
WHEREAS, the Taft Chamber of Commerce requests that all Special Event fees shall be waived consistent with the MOU, dated December 18, 2012, between the City of Taft and the Taft District Chamber of Commerce; and
WHEREAS, The Chamber of Commerce shall be responsible for providing sufficient trash receptacles and portable chemical toilets, and shall clean up all trash and debris at the conclusion of the event; and ensuring all vendors hold business licenses with the City of Taft.
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event as follows:
SECTION 1. The City Council hereby makes the following Special Event findings:
1. The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
2. The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.
SECTION 2. The City Council hereby approves Special Event No. 2024-05 with the conditions of approval set forth in this resolution as follows:
Resolution No. 4231-24
1. The Special Event is approved for the following times:
Set-up: May 18, 2024 at 7:00 AM
Event time: May 18, 2024 from 9:00 AM to 3:00 PM
Breakdown of event: May 18, 2024 by 5:00 PM
2. The applicant shall provide sufficient evidence of $2,000,000 liability insurance naming City of Taft as additional insured.
3. The applicant shall provide sufficient trash receptacles in the event area and shall remove all trash from the area at the conclusion of the special event.
4. The applicant shall provide sufficient portable chemical toilets in the event area.
5. All vendors of the special event shall have a business license with the City of Taft. No vendor shall be issued a business license without being an applicant authorized vendor.
PASSED, APPROVED, AND ADOPTED this 16th day of April, 2024 ________________________________
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 16th day of April, 2024, 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 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2024
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
Diamond in the Rough
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 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 - MARCH 2024 SUMMARY STATEMENT:
Kern County Fire provides a monthly report for Station No. 21 in the Taft area. This report is being provided to Council for informational purposes only and to be received and filed.
This chart below was provided to show the total number of emergency calls and number of fires for March 2024. You will notice that this report if for not only the calls responded to within the city limits but reports everything within the greater Taft area that Station 21 covers.
Station 21
2024
Month # of calls # of fires
January 182 16
February 205 19
March 198 26
RECOMMENDED ACTION
Receive and file the monthly report for March 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.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Report
PREPARED BY: City Manager
Kern County Fire Engine_Truck 21 Taft Monthly Report
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
Incident Category: (None)
03/20/2024 15:12:40 E21 HILL and TWENTY FIVE HILL RD, S 10TH ST, BUENA VISTA PL / S Count: 1
Incident Category: 1 - Fire
03/02/2024 17:39:58 E21 111 - Building fire 30300 GOLF COURSE Road and 119 HWY, TUPMAN RD / IRONBARK RD TK21 111 - Building fire 30300 GOLF COURSE Road and 119 HWY, TUPMAN RD / IRONBARK RD 03/12/2024 13:01:19 E21 111 - Building fire 209 MONROE Street and BIRCH ST / CEDAR ST TK21 111 - Building fire 209 MONROE Street and BIRCH ST / CEDAR ST 03/13/2024 14:18:14 E21 111 - Building fire 801 MADERA Street and TEJON ST / ELKHORN ST TK21 111 - Building fire 801 MADERA Street and TEJON ST / ELKHORN ST 03/18/2024 00:20:05 E21 111 - Building fire 202 E Street and 2ND AVE / 3RD AVE TK21 111 - Building fire 202 E Street and 2ND AVE / 3RD AVE 03/23/2024 00:53:18 E21 111 - Building fire 1201 North LINCOLN Street and PIERCE ST / MIDWAY RD TK21 111 - Building fire 1201 North LINCOLN Street and PIERCE ST / MIDWAY RD 14:48:43 E21 111 - Building fire 27588 MAPLE Street and WALNUT AVE / ORANGE ST TK21 111 - Building fire 27588 MAPLE Street and WALNUT AVE / ORANGE ST 03/24/2024 05:01:31 E21 111 - Building fire 27588 MAPLE Street and WALNUT AVE / ORANGE ST TK21 111 - Building fire 27588 MAPLE Street and WALNUT AVE / ORANGE ST 03/17/2024 02:09:49 E21 118 - Inside Trash or rubbish fire, contained
111 West ASH Street and STANDARD ST / N 10TH ST, MAIN ST, N LINCOLN ST, AS TK21 118 - Inside Trash or rubbish fire,
contained
111 West ASH Street and STANDARD ST / N 10TH ST, MAIN ST, N LINCOLN ST, AS 03/18/2024 12:55:02 E21 131 - Passenger vehicle fire 119 HWY and GOLF COURSE RD, TUPMAN RD, 119 HWY / 119 HWY, GOLF 03/20/2024 04:44:42 E21 131 - Passenger vehicle fire 0 Highway and DEAD END / BRANDY ST, CHRISTY AVE 03/05/2024 01:39:15 E21 132 - Road freight or transport vehicle fire
KLIPSTEIN CANYON RD / 33 Highway
TK21 132 - Road freight or transport
vehicle fire
KLIPSTEIN CANYON RD / 33 Highway
03/27/2024 16:36:45 E21 142 - Brush or brush-and-grass
mixture fire
701 WILDCAT Way and WOODROW ST / WARREN ST
03/03/2024 18:04:32 E21 150 - Outside rubbish fire, other 300 OLIVE Avenue and CRYSTAL ST / WOOD ST 03/27/2024 20:24:35 E21 150 - Outside rubbish fire, other ASH ST / TAYLOR Street 03/03/2024 10:53:52 E21 151 - Outside rubbish, trash or waste fire
22202 South LAKE Road and SANTIAGO RD / GARDNER FIELD RD 03/15/2024 12:35:07 TK21 151 - Outside rubbish, trash or waste fire
312 F Street and 3RD AVE / 4TH AVE
03/21/2024 12:46:09 E21 151 - Outside rubbish, trash or waste fire
WESTERN MINERALS Road and Short Rd
Count: 26
Incident Category: 3 - Rescue & Emergency Medical Service Incident 03/04/2024 18:30:30 E21 300 - Rescue, EMS incident,
other
910 WILLIAMS Way and E CALVIN ST / 2ND ST
03/01/2024 12:38:15 E21 311 - Medical assist, assist EMS crew
222 WOODROW Street and 3RD ST / 2ND ST
03/06/2024 07:16:15 E21 311 - Medical assist, assist EMS crew
515 WARREN Street and 6TH ST / 5TH ST
14:25:42 E21 311 - Medical assist, assist EMS
crew
114 North LINCOLN Street and BIRCH ST / N 10TH ST, W ASH ST, MAIN ST, ASH ST 03/10/2024 01:31:59 E21 311 - Medical assist, assist EMS crew
123 ROSE Avenue and PICO ST / OAK ST
03/15/2024 06:26:23 E21 311 - Medical assist, assist EMS crew
623 WOOD Street and OLIVE AVE / NAYLOR AVE
21:35:54 E21 311 - Medical assist, assist EMS
crew
28103 DUSTIN ACRES Road and OLIVAREZ ST / TURBO ST
03/16/2024 21:19:24 E21 311 - Medical assist, assist EMS 601 4TH Street and WOODROW ST / SAN EMIDIO ST 1 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
crew
03/17/2024 11:29:52 E21 311 - Medical assist, assist EMS crew
1007 STEVENS Street and GENERAL PETROLEUM AVE / WARD ST 03/18/2024 10:59:35 E21 311 - Medical assist, assist EMS crew
22202 South LAKE Road and SANTIAGO RD / GARDNER FIELD RD 03/21/2024 01:03:00 E21 311 - Medical assist, assist EMS crew
1000 STEVENS Street and GENERAL PETROLEUM AVE / WARD ST TK21 311 - Medical assist, assist EMS
crew
1000 STEVENS Street and GENERAL PETROLEUM AVE / WARD ST 03/24/2024 01:13:42 E21 311 - Medical assist, assist EMS crew
519 A Street and 6TH AVE / 5TH AVE, CHURCH ST
03/25/2024 09:28:14 E21 311 - Medical assist, assist EMS crew
607 BUCHANAN Street and FIR ST / GREVILLEA ST
03/26/2024 11:33:01 E21 311 - Medical assist, assist EMS crew
222 KERN Street and 3RD ST / 2ND ST
TK21 311 - Medical assist, assist EMS
crew
222 KERN Street and 3RD ST / 2ND ST
03/29/2024 21:37:18 E21 311 - Medical assist, assist EMS crew
718 D Street and DEAD END / HARDING AVE
03/08/2024 15:41:17 E21 320 - Emergency medical
service, other
120 ADAMS Street and BIRCH ST / ASH ST, WILLIAMS WAY
17:17:25 E21 320 - Emergency medical
service, other
114 SAN EMIDIO Street and 2ND ST / 1ST ST, E SAN EMIDIO ST 03/09/2024 10:33:07 E21 320 - Emergency medical
service, other
228 ASHER Avenue and CRYSTAL ST / PICO ST, 4TH ST
03/10/2024 07:17:34 E21 320 - Emergency medical
service, other
201 8TH Street and NORTH ST / CENTER ST
TK21 320 - Emergency medical
service, other
201 8TH Street and NORTH ST / CENTER ST
03/13/2024 19:27:41 E21 320 - Emergency medical
service, other
165 CENTER Street and 2ND ST / 1ST ST, E CENTER ST
03/15/2024 20:48:35 E21 320 - Emergency medical
service, other
126 CENTER Street and 2ND ST / 1ST ST, E CENTER ST
03/17/2024 22:20:08 E21 320 - Emergency medical
service, other
28119 SUNRIDGE Avenue and 119 HWY / TURBO ST
03/21/2024 15:00:49 E21 320 - Emergency medical
service, other
523 LUCARD Street and 6TH ST / 5TH ST
03/22/2024 03:25:39 E21 320 - Emergency medical
service, other
309 GARDNER FIELD Road and 33 HWY, E MAIN ST, 119 HWY / ENTERPRISE WAY 06:49:56 E21 320 - Emergency medical
service, other
505 F Street and 5TH AVE / 6TH AVE
08:05:19 E21 320 - Emergency medical
service, other
201 8TH Street and NORTH ST / CENTER ST
03/24/2024 20:08:08 E21 320 - Emergency medical
service, other
28109 COSWORTH Avenue and OLIVAREZ ST / TURBO ST
03/27/2024 08:26:47 TK21 320 - Emergency medical
service, other
201 8TH Street and NORTH ST / CENTER ST
14:26:38 TK21 320 - Emergency medical
service, other
27560 CYPRESS Street and ORANGE ST / ACACIA ST
03/28/2024 20:08:50 E21 320 - Emergency medical
service, other
518 2ND Street and SAN EMIDIO ST / LUCARD ST
03/29/2024 21:04:47 E21 320 - Emergency medical
service, other
112 LOMA VISTA Avenue and STOKES AVE / PILGRIM AVE
03/30/2024 21:11:09 E21 320 - Emergency medical
service, other
222 KERN Street and 3RD ST / 2ND ST
03/01/2024 21:35:53 E21 321 - EMS call, excluding vehicle accident with injury
419 F Street and 5TH AVE / 4TH AVE
03/02/2024 16:23:54 E21 321 - EMS call, excluding vehicle accident with injury
909 ARROYO Way and HILLTOP CT / TERRACE DR
TK21 321 - EMS call, excluding vehicle
accident with injury
909 ARROYO Way and HILLTOP CT / TERRACE DR
03/03/2024 00:26:53 E21 321 - EMS call, excluding vehicle accident with injury
123 ROSE Avenue and PICO ST / OAK ST
TK21 321 - EMS call, excluding vehicle 123 ROSE Avenue and PICO ST / OAK ST 2 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
accident with injury
03/04/2024 12:47:05 E21 321 - EMS call, excluding vehicle accident with injury
201 8TH Street and NORTH ST / CENTER ST
TK21 321 - EMS call, excluding vehicle
accident with injury
201 8TH Street and NORTH ST / CENTER ST
15:33:53 E21 321 - EMS call, excluding vehicle
accident with injury
210 FILLMORE Street and CEDAR ST / BIRCH ST
03/05/2024 18:05:20 E21 321 - EMS call, excluding vehicle accident with injury
511 A Street and 6TH AVE / 5TH AVE, CHURCH ST
03/06/2024 10:14:18 E21 321 - EMS call, excluding vehicle accident with injury
819 PIERCE Street and HAWTHORNE ST / N LINCOLN ST
03/07/2024 06:19:45 E21 321 - EMS call, excluding vehicle accident with injury
CADET RD / PETROLEUM CLUB Road
TK21 321 - EMS call, excluding vehicle
accident with injury
CADET RD / PETROLEUM CLUB Road
13:52:10 E21 321 - EMS call, excluding vehicle
accident with injury
523 B Street and 5TH AVE / 6TH AVE
16:10:39 E21 321 - EMS call, excluding vehicle
accident with injury
1044 KERN Street and CASCADE PL / N 10TH ST
03/08/2024 22:41:44 E21 321 - EMS call, excluding vehicle accident with injury
105 ADAMS Street and ASH ST, WILLIAMS WAY / BIRCH ST
TK21 321 - EMS call, excluding vehicle
accident with injury
105 ADAMS Street and ASH ST, WILLIAMS WAY / BIRCH ST
03/09/2024 12:52:04 E21 321 - EMS call, excluding vehicle accident with injury
631 SAN EMIDIO Street and 6TH ST / WILDCAT WAY
TK21 321 - EMS call, excluding vehicle
accident with injury
631 SAN EMIDIO Street and 6TH ST / WILDCAT WAY
03/10/2024 03:41:37 E21 321 - EMS call, excluding vehicle accident with injury
509 E Street and 5TH AVE / 6TH AVE
11:38:38 E21 321 - EMS call, excluding vehicle
accident with injury
1200 WILLIAMS Way and DEAD END / SUZANNE LN
TK21 321 - EMS call, excluding vehicle
accident with injury
1200 WILLIAMS Way and DEAD END / SUZANNE LN
11:45:17 TK21 321 - EMS call, excluding vehicle
accident with injury
615 KERN Street and 7TH ST, WILDCAT WAY / 6TH ST
11:58:10 TK21 321 - EMS call, excluding vehicle
accident with injury
100 East NORTH Street and 1ST ST, NORTH ST / E CENTER ST 22:04:44 E21 321 - EMS call, excluding vehicle
accident with injury
302 East LUCARD Street and GARRATT ST / AIRPORT RD
03/11/2024 09:08:50 E21 321 - EMS call, excluding vehicle accident with injury
201 8TH Street and NORTH ST / CENTER ST
15:51:27 E21 321 - EMS call, excluding vehicle
accident with injury
ASH ST / 6TH Street
22:10:05 E21 321 - EMS call, excluding vehicle
accident with injury
214 VAN BUREN Street and CEDAR ST / BIRCH ST
03/12/2024 07:00:43 E21 321 - EMS call, excluding vehicle accident with injury
1121 KERN Street and CASCADE PL / HILLARD ST
17:27:42 E21 321 - EMS call, excluding vehicle
accident with injury
615 TYLER Street and GREVILLEA ST / FIR ST
22:10:44 E21 321 - EMS call, excluding vehicle
accident with injury
108 LOMA VISTA Avenue and STOKES AVE / PILGRIM AVE
03/13/2024 20:20:53 E21 321 - EMS call, excluding vehicle accident with injury
220 TYLER Street and CEDAR ST / BIRCH ST
03/14/2024 12:39:24 E21 321 - EMS call, excluding vehicle accident with injury
26051 ORANGE Street and MAPLE ST / 119 HWY
16:15:16 E21 321 - EMS call, excluding vehicle
accident with injury
208 SUNSET Lane and FRANKLIN AVE / WOODLAWN AVE
03/15/2024 14:09:25 E21 321 - EMS call, excluding vehicle accident with injury
521 FINLEY Drive and 6TH ST / 4TH ST
TK21 321 - EMS call, excluding vehicle
accident with injury
521 FINLEY Drive and 6TH ST / 4TH ST
16:17:06 TK21 321 - EMS call, excluding vehicle
accident with injury
413 POLK Street and ELM ST / DATE ST
16:18:12 E21 321 - EMS call, excluding vehicle 302 FILLMORE Street and CEDAR ST / DATE ST 3 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
accident with injury
03/16/2024 01:03:55 E21 321 - EMS call, excluding vehicle accident with injury
711 POLK Street and DEAD END / GREVILLEA ST
14:32:32 TK21 321 - EMS call, excluding vehicle
accident with injury
127 LOMA VISTA Avenue and A ST, 4TH AVE / STOKES AVE
18:48:09 E21 321 - EMS call, excluding vehicle
accident with injury
536 PHILIPPINE Street and 6TH AVE / 5TH AVE
03/18/2024 18:26:47 E21 321 - EMS call, excluding vehicle accident with injury
329 D Street and 4TH AVE / 3RD AVE
TK21 321 - EMS call, excluding vehicle
accident with injury
329 D Street and 4TH AVE / 3RD AVE
03/19/2024 06:10:47 E21 321 - EMS call, excluding vehicle accident with injury
123 North 10TH Street and MAIN ST / CENTER ST
TK21 321 - EMS call, excluding vehicle
accident with injury
123 North 10TH Street and MAIN ST / CENTER ST
08:59:50 E21 321 - EMS call, excluding vehicle
accident with injury
416 CHURCH Street and LASSEN AVE / ALPINE AVE
17:58:18 E21 321 - EMS call, excluding vehicle
accident with injury
103 South 10TH Street and SUPPLY ROW / N 10TH ST
22:19:48 E21 321 - EMS call, excluding vehicle
accident with injury
211 A Street and FRANKLIN AVE / 3RD AVE, LEXINGTON AVE
03/20/2024 08:55:51 E21 321 - EMS call, excluding vehicle accident with injury
420 WOOD Street and ROSE AVE / ASHER AVE
03/23/2024 13:27:27 E21 321 - EMS call, excluding vehicle accident with injury
306 E Street and 3RD AVE / 4TH AVE
03/25/2024 14:13:03 E21 321 - EMS call, excluding vehicle accident with injury
602 FILLMORE Street and FIR ST / GREVILLEA ST
14:25:03 E21 321 - EMS call, excluding vehicle
accident with injury
201 8TH Street and NORTH ST / CENTER ST
TK21 321 - EMS call, excluding vehicle
accident with injury
201 8TH Street and NORTH ST / CENTER ST
18:31:31 E21 321 - EMS call, excluding vehicle
accident with injury
727 D Street and DEAD END / HARDING AVE
19:29:30 E21 321 - EMS call, excluding vehicle
accident with injury
208 East SAN EMIDIO Street and BELL AVE / WILLIAMS WAY
03/26/2024 19:16:57 E21 321 - EMS call, excluding vehicle accident with injury
504 F Street and 5TH AVE / 6TH AVE
TK21 321 - EMS call, excluding vehicle
accident with injury
504 F Street and 5TH AVE / 6TH AVE
03/28/2024 12:06:13 E21 321 - EMS call, excluding vehicle accident with injury
208 SHATTUCK Avenue and PICO ST / CRYSTAL ST
13:46:55 E21 321 - EMS call, excluding vehicle
accident with injury
400 MC KINLEY Street and ALPINE AVE / LASSEN AVE
15:06:35 E21 321 - EMS call, excluding vehicle
accident with injury
327 B Street and 4TH AVE / 3RD AVE
17:19:54 E21 321 - EMS call, excluding vehicle
accident with injury
609 East B Street and 6TH AVE / HARDING AVE
TK21 321 - EMS call, excluding vehicle
accident with injury
609 East B Street and 6TH AVE / HARDING AVE
03/30/2024 18:36:46 E21 321 - EMS call, excluding vehicle accident with injury
612 2ND Street and SAN EMIDIO ST / WOODROW ST
21:22:58 E21 321 - EMS call, excluding vehicle
accident with injury
300 4TH Street and NORTH ST / KERN ST
TK21 321 - EMS call, excluding vehicle
accident with injury
300 4TH Street and NORTH ST / KERN ST
03/05/2024 16:13:45 E21 322 - Motor vehicle accident with injuries
GOLF COURSE RD / IRONBARK Road
03/11/2024 16:27:09 E21 322 - Motor vehicle accident with injuries
TULARE ST / ELKHORN Street
03/23/2024 05:21:17 E21 322 - Motor vehicle accident with injuries
0 Elk Hills Rd. and SKYLINE RD, ELK HILLS RD / ELK HILLS RD, VALLEY WE TK21 322 - Motor vehicle accident with
injuries
0 Elk Hills Rd. and SKYLINE RD, ELK HILLS RD / ELK HILLS RD, VALLEY WE 21:56:25 E21 322 - Motor vehicle accident with 101 E Street and S 10TH ST, MARICOPA PL / 2ND AVE 4 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
injuries
03/28/2024 05:16:03 E21 322 - Motor vehicle accident with injuries
33 HWY / CADET Road
TK21 322 - Motor vehicle accident with
injuries
33 HWY / CADET Road
03/21/2024 10:31:29 E21 324 - Motor vehicle accident,
non-injury
Hwy 58 0 and UNKNOWN / 58 HWY
03/24/2024 17:49:19 E21 324 - Motor vehicle accident,
non-injury
Twenty Five Hill Road and TWENTY FIVE HILL RD, S 10TH ST, BUENA VISTA PL / S TK21 324 - Motor vehicle accident,
non-injury
Twenty Five Hill Road and TWENTY FIVE HILL RD, S 10TH ST, BUENA VISTA PL / S 03/31/2024 16:04:21 E21 324 - Motor vehicle accident,
non-injury
330 LUCARD Street and 4TH ST / 3RD ST
TK21 324 - Motor vehicle accident,
non-injury
330 LUCARD Street and 4TH ST / 3RD ST
03/19/2024 19:20:43 E21 352 - Extrication of victim(s) from vehicle
Elkhorn Grade Road, Just North of Highway 166 ELKHORN GRADE ROAD, JUST NORTH OF 166 Highway and ELKHORN GRADE RD, GOLDEN CAT RD / 33 HWY TK21 352 - Extrication of victim(s) from
vehicle
Elkhorn Grade Road, Just North of Highway 166 ELKHORN GRADE ROAD, JUST NORTH OF 166 Highway and ELKHORN GRADE RD, GOLDEN CAT RD / 33 HWY Count:
113
Incident Category: 4 - Hazardous Condition (No Fire)
03/24/2024 21:13:04 E21 400 - Hazardous condition, other 205 ASH Street and WILLIAMS WAY, ADAMS ST / JEFFERSON ST TK21 400 - Hazardous condition, other 205 ASH Street and WILLIAMS WAY, ADAMS ST / JEFFERSON ST 03/29/2024 18:16:32 E21 440 - Electrical wiring/equipment problem, other
200 1ST ST / WOODROW Street and 2ND ST / 3RD ST
TK21 440 - Electrical wiring/equipment
problem, other
200 1ST ST / WOODROW Street and 2ND ST / 3RD ST
03/19/2024 15:40:43 E21 480 - Attempted burning, illegal action, other
608 LUCARD Street and 6TH ST / WILDCAT WAY
Count: 5
Incident Category: 5 - Service Call
03/27/2024 18:41:29 E21 511 - Lock-out 726 D Street and DEAD END / HARDING AVE TK21 511 - Lock-out 726 D Street and DEAD END / HARDING AVE 03/01/2024 19:49:27 E21 520 - Water problem, other 202 WOOD Street and LIERLY AVE / SHATTUCK AVE TK21 520 - Water problem, other 202 WOOD Street and LIERLY AVE / SHATTUCK AVE 03/29/2024 09:15:05 E21 553 - Public service 416 CHURCH Street and LASSEN AVE / ALPINE AVE 03/01/2024 13:25:04 E21 554 - Assist invalid 411 CENTER Street and 4TH ST / 5TH ST TK21 554 - Assist invalid 411 CENTER Street and 4TH ST / 5TH ST 03/12/2024 21:25:55 E21 554 - Assist invalid 201 8TH Street and NORTH ST / CENTER ST TK21 554 - Assist invalid 201 8TH Street and NORTH ST / CENTER ST 03/16/2024 15:46:47 E21 554 - Assist invalid 416 CHURCH Street and LASSEN AVE / ALPINE AVE TK21 554 - Assist invalid 416 CHURCH Street and LASSEN AVE / ALPINE AVE 03/21/2024 05:17:39 E21 554 - Assist invalid 123 North 10TH Street and MAIN ST / CENTER ST TK21 554 - Assist invalid 123 North 10TH Street and MAIN ST / CENTER ST 03/24/2024 22:04:55 E21 554 - Assist invalid 201 8TH Street and NORTH ST / CENTER ST 03/25/2024 09:39:16 TK21 554 - Assist invalid 201 8TH Street and NORTH ST / CENTER ST 03/31/2024 06:27:45 E21 554 - Assist invalid 28149 MC CLAREN Avenue and DEAD END / OLIVAREZ ST TK21 554 - Assist invalid 28149 MC CLAREN Avenue and DEAD END / OLIVAREZ ST 03/07/2024 04:21:21 E21 561 - Unauthorized/illegal
burning (SRA/APCD or illegal
campfire)
801 MADERA Street and TEJON ST / ELKHORN ST
TK21 561 - Unauthorized/illegal
burning (SRA/APCD or illegal
campfire)
801 MADERA Street and TEJON ST / ELKHORN ST
Count: 19
Incident Category: 6 - Good Intent Call
03/02/2024 10:35:44 E21 611 - Dispatched and cancelled
en route
508 BUCHANAN Street and ELM ST / FIR ST
03/04/2024 03:32:11 E21 611 - Dispatched and cancelled 903 KERN Street and 9TH ST / N 10TH ST 5 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
en route
TK21 611 - Dispatched and cancelled
en route
903 KERN Street and 9TH ST / N 10TH ST
03/05/2024 06:33:53 E21 611 - Dispatched and cancelled
en route
201 8TH Street and NORTH ST / CENTER ST
11:08:15 E21 611 - Dispatched and cancelled
en route
119 TUPMAN RD / GOLF COURSE Road
03/06/2024 22:12:25 E21 611 - Dispatched and cancelled
en route
1028 BUENA VISTA Street and WARD ST / GENERAL PETROLEUM AVE 03/09/2024 12:59:40 E21 611 - Dispatched and cancelled
en route
000 HILL and TWENTY FIVE HILL RD, S 10TH ST, BUENA VISTA PL / S TK21 611 - Dispatched and cancelled
en route
000 HILL and TWENTY FIVE HILL RD, S 10TH ST, BUENA VISTA PL / S 03/11/2024 15:25:59 E21 611 - Dispatched and cancelled
en route
915 2ND Street and BELL AVE / CALVIN ST, E CALVIN ST
03/12/2024 01:54:11 E21 611 - Dispatched and cancelled
en route
404 PHILIPPINE Street and 4TH AVE / 5TH AVE
TK21 611 - Dispatched and cancelled
en route
404 PHILIPPINE Street and 4TH AVE / 5TH AVE
20:51:26 E21 611 - Dispatched and cancelled
en route
1045 KERN Street and N 10TH ST / CASCADE PL
TK21 611 - Dispatched and cancelled
en route
1045 KERN Street and N 10TH ST / CASCADE PL
21:30:50 TK21 611 - Dispatched and cancelled
en route
27948 TAFT Highway and No Cross Streets Found
03/15/2024 21:13:43 E21 611 - Dispatched and cancelled
en route
123 North 10TH Street and MAIN ST / CENTER ST
03/16/2024 16:12:09 E21 611 - Dispatched and cancelled
en route
26217 HONOLULU Road and GARDNER FIELD RD / AIRPORT RD
20:14:19 E21 611 - Dispatched and cancelled
en route
27565 VALLEY WEST Road and 119 HWY / WALNUT AVE
TK21 611 - Dispatched and cancelled
en route
27565 VALLEY WEST Road and 119 HWY / WALNUT AVE
03/18/2024 16:30:26 E21 611 - Dispatched and cancelled
en route
29 COUGAR Court and ASH ST, TAYLOR ST / WILDCAT WAY
TK21 611 - Dispatched and cancelled
en route
29 COUGAR Court and ASH ST, TAYLOR ST / WILDCAT WAY
03/21/2024 00:39:27 E21 611 - Dispatched and cancelled
en route
523 WASHINGTON Avenue and VISTA VIA DR / E ST
05:30:09 E21 611 - Dispatched and cancelled
en route
523 WASHINGTON Avenue and VISTA VIA DR / E ST
03/22/2024 14:23:09 E21 611 - Dispatched and cancelled
en route
410 D Street and 4TH AVE / 5TH AVE
03/27/2024 02:38:27 E21 611 - Dispatched and cancelled
en route
711 FILLMORE Street and GREVILLEA ST / HAWTHORNE ST
TK21 611 - Dispatched and cancelled
en route
711 FILLMORE Street and GREVILLEA ST / HAWTHORNE ST
03/31/2024 07:18:28 E21 611 - Dispatched and cancelled
en route
910 2ND Street and D ST / E ST
03/02/2024 08:49:11 E21 622 - No incident found on arrival at dispatch address
426 EASTERN Avenue and BUENA VISTA ST / WOOD ST
03/20/2024 18:43:36 E21 622 - No incident found on arrival at dispatch address
Kern and TWENTYONE CANYON RD, 33 HWY / KERN ST, MAIN ST TK21 622 - No incident found on arrival
at dispatch address
Kern and TWENTYONE CANYON RD, 33 HWY / KERN ST, MAIN ST 03/21/2024 00:25:48 E21 622 - No incident found on arrival at dispatch address
116 TYLER ST / BIRCH Street and BIRCH ST / ASH ST
TK21 622 - No incident found on arrival
at dispatch address
116 TYLER ST / BIRCH Street and BIRCH ST / ASH ST
03/19/2024 23:31:30 E21 651 - Smoke scare, odor of
smoke
700 HARRISON Street and GREVILLEA ST / DEAD END
TK21 651 - Smoke scare, odor of
smoke
700 HARRISON Street and GREVILLEA ST / DEAD END
Count: 33
6 of 7 Printed On: 04/07/2024 10:15:12 AM
Incident
Date
Incident
Time
Apparatus
ID
Incident Code Address
Apparatus:
Apparatus:
Incident Date:
Incident Category: 7 - False Alarm & False Call
03/22/2024 16:41:13 E21 745 - Alarm system activation, no fire - unintentional
516 5TH Street and SAN EMIDIO ST / LUCARD ST
Count: 1
Count:
198
Report Criteria
Is Equal To E21
Is Equal To TK21
Is Equal To Last Month
Description
For Official Use Only: Last Month's Run Stats
7 of 7 Printed On: 04/07/2024 10:15:12 AM
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2023-24 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) FY2023-24 FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $25,017 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. 4232-24
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 2023-24 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 2023-24 LCTOP funds:
Project Name: Purchase of a zero-emission transit bus and related support infrastructure project.
Amount of LCTOP funds requested: $25,017
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: 4232-24
PASSED, APPROVED AND ADOPTED on this 16th day of April, 2024.
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 day of April 16, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Yvette Mayfield, MMC
City Clerk
FY 2023-2024 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 2023-2024 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 2023-2024 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 2023-2024 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 2023-2024 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 16 day of April , 2024
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 16, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
CONSIDERATION OF ONE SAFE AND SANE FIREWORK STAND FOR 4TH OF JULY, 2024
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. This applicant submitted an application after the March 31, 2024 deadline, but because there were only 3 submissions originally, and there is no competition, we accepted the late application for consideration by the City Council.
The applicant is as follows:
Taft Baseball
RECOMMENDED ACTION:
1. Motion to accept the late submission and award one Safe and Sane Firework stand for July 4, 2024 to Taft Baseball.
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 16, 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 comprised of the southern half (approximately) of the property referred to as Assessor’s Parcel Number 032-118-01, which is located between 4th and 6th Streets, north of 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 4884-7847-2820v3/200615-0008
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 comprised of the southern half (approximately) of the property referred to as Assessor’s Parcel Number 032-118-01, which is located between 4th and 6th Streets, north of 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) 2 4884-7847-2820v3/200615-0008
days following the Effective Date, provided that the Local Buyer Affiliate has delivered a 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 4884-7847-2820v3/200615-0008
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 4884-7847-2820v3/200615-0008
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.
5 4884-7847-2820v3/200615-0008
12. Full Power and Authority: Except as described in the following sentence, 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 4884-7847-2820v3/200615-0008
[Signatures to Mutual Release and Waiver]
IN WITNESS WHEREOF, this Agreement has been executed by the undersigned on the dates indicated below.
DATED: August __, 2023 PENTECOSTAL CHURCH OF GOD,
SOUTHERN CALIFORNIA DISTRICT INC.,
a California Nonprofit Corporation
By:
[Name]
President
By:
[Name]
Secretary
DATED: August __, 2023 NEW HOPE TEMPLE PENTECOSTAL
CHURCH OF GOD, a California limited liability
company
By:
[Name]
President
By:
Donna J. Nunes,
Secretary
DATED: August __, 2023 CITY OF TAFT, a California municipal corporation
By:
Dave Noerr
Mayor
DATED: August __, 2023 SUCCESSOR AGENCY TO THE TAFT
COMMUNITY DEVELOPMENT AGENCY, a
California public agency
By:
Dave Noerr
Chair