TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY JANUARY 7, 2025
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 Bryant
Councilmember Krier
Councilmember Waldrop
Councilmember Chavira
1. PRESENTATION - PROCLAMATION RECOGNIZING KIWANIS CLUB OF TAFT’S 100TH
ANNIVERSARY
2. PUBLIC HEARING – LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 RATE
INCREASE AND RESULTS OF ASSESSMENT BALLOT PROCEEDING
Recommendation -
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. DEPARTMENT REPORTS
6. CITY MANAGER STATEMENTS
1. Conduct Public Hearing.
2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING RELATED TO LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 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
January 7, 2025
7. CITY ATTORNEY STATEMENTS
8. FUTURE AGENDA REQUESTS
***************************************************************************************************** CONSENT CALENDAR ITEMS 9-13
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
December 17, 2024, Regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant #121324 Check No. 100919-100945 $ 243,904.18
Warrant #122024 Check No. 100946-101011 $ 386,985.84
Warrant #122724 Check No. 101012-101020 $ 49,276.96
Warrant #010325 Check No. 101021-101052 $ 43,989.69
Recommendation – Approve payment of the bills.
11. UPDATE TO THE ALCOHOL AND DRUG TESTING POLICY
Recommendation - Motion to adopt a resolution entitled A Resolution of the City Council of the City of Taft Approving The DRUG AND ALCOHOL POLICY ADDENDUM CITY OF TAFT, TAFT AREA TRANSIT 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. RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 25-26) FOR JULY 2025 THROUGH JUNE 2026
Recommendation -
1) Motion to adopt a resolution entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
TAFT COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF TAFT APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO THE PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION 341177(j)(AB 1X 26) 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.
2) Direct Staff to present the ROPS 25-26 to the Countywide Oversight Board meeting on January 23rd, 2025, for approval.
City of Taft Council/Successor Agency Meeting
Agenda
January 7, 2025
13. ACCEPT THE COMPLETED WORK BY J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION FOR THE TDA ARTICLE 3 - PEDESTRIAN IMPROVEMENTS - 10TH STREET & 4TH STREET PROJECT Recommendation - Motion to accept the completed work by Cen-Cal Construction for the TDA Article 3 - Pedestrian Improvements - 10th Street & 4th Street project and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3). Staff further recommends the release of the 5% retention to the Contractor after 30 days pending claims or liens filed during this period.
*****************************************************************************************************
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (2 undisclosed cases) Government Code Section 54956.9(b)
B. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
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, Yvette Mayfield, declare as follows:
That I am the 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 January 3, 2025, at _______ a.m./p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed January 3, 2025, at Taft, California.
Signature __________________
In Recognition of the
Kiwanis Club of Taft’s
100th Anniversary
WHEREAS, Kiwanis International is a worldwide
service organization of volunteers dedicated to improving the world one child and one community at a time; and
WHEREAS, on January 7, 1925 the Taft Kiwanis Club was
chartered, being the very first international service club established in Taft; and
WHEREAS, Taft Kiwanis has performed hundreds of
thousands of service hours in the community and has donated hundreds of thousands of dollars through scholarships for students at Taft High and Taft College, and also to support children’s activities, sports, other local civic organizations and nonprofits; and
WHEREAS, the Taft Kiwanis Club is a stand out in their division, being the only club within it to have Kiwanis Club representation at all levels of the school system sponsoring the K-Kids, Builders, Key and Circle K Clubs at our local schools and even sponsors the Aktion Club at the Arc of Taft; and WHEREAS, six members of the Taft Kiwanis Club have represented the Club and served in the honored role of Division 33 Lieutenant Governor; and WHEREAS, current Lieutenant Governor and longtime Taft Kiwanis Club member, Paul Linder, recently stated that the Kiwanis Club of Taft, would not be successful without the ongoing support of the community and he expects the club will continue to be a valuable asset to the community for their next “Century of Service” to Taft and its youth.
NOW, THEREFORE, the Taft City Council takes great pleasure in recognizing the Kiwanis Club of Taft on their 100th Anniversary and hereby commends the members who have been a part of this great club over the last 100 years and wishes them continued success.
Dated this 7th day of January, 2025.
_____________________________
Dave Noerr, Mayor
_______________________ _______________________
Josh Bryant Orchel Krier
Mayor Pro Tem Council Member
_______________________ _______________________
Ron Waldrop Carlos Chavira
Council Member Council Member
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JANUARY 7, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING – LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 RATE
INCREASE AND RESULTS OF ASSESSMENT BALLOT PROCEEDING
SUMMARY STATEMENT:
On October 1, 2024 the Council accepted the Engineer’s Report for the Landscape Lighting Maintenance District No. 1 (LLMD), which showed that the current assessment ($86 annually) falls well below the amount required to maintain the District. The rates for the District have not increased since 1993 and the fund for the District currently has a deficit of $116,640.00, and continues to fall further in deficit annually at the current rate. Council then directed staff to move forward with the process to increase the assessments within the District to the amount in the engineers report that is proposed to cover the cost of the maintenance ($231.00 annually).
Charges for the assessment district are property related charges subject to Proposition 218. Therefore, on or around November 27th, ballots for the proposed increase were mailed to all property owners within the District notifying them of this evening’s public hearing. The ballots received in response to that mailing will be opened this evening at the close of this public hearing and counted. If a majority protest does not exist, the proposed increase to the existing assessment will be confirmed. If a majority protest does exist, the increase will not be confirmed and the service level for the maintenance of improvements within the District will be reduced to a level that can be maintained by the current level of funding from the existing fee.
RECOMMENDED ACTION
1. Conduct Public Hearing.
2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING RELATED TO LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 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): Yes, Revenue for Landscape District ATTACHMENT (Y/N): Yes, Resolution
PREPARED BY: City Clerk
RESOLUTION NO. 4268-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA, DECLARING THE RESULTS OF AN ASSESSMENT BALLOT
PROCEEDING RELATED TO LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1
WHEREAS, the City Council of the City of Taft did, on October 1, 2024, receive and review an Engineer’s Report for Landscape and Lighting Maintenance District No. 1 (the “Engineer’s Report”) and gave direction to staff to move forward with the Proposition 218 process to increase the assessment to $231.00 annually, per the Engineer’s Report; and
WHEREAS, notices of such hearing accompanied by assessment ballot materials were duly mailed to each such record owner in the time, form and manner required by the Assessment Law, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by the tabulation official appointed by the City (the “Tabulation Official”), pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 and following) (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (“Proposition 218” and, together with the 1972 Act and Article XIIID, the “Assessment Law”); and
WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and WHEREAS, the City Council of the City of Taft is now satisfied with the assessment and all matters contained in the Engineer’s Report as submitted.
NOW THEREFORE BE IT RESOLVED by the CITY COUNCIL of the City of Taft, California, and this City Council does hereby find, order and determine as follows:
1. The City Council hereby finds and declares that the foregoing recitals are true.
2. The canvass of the ballots cast in the Assessment District at the assessment ballot proceeding held on January 7, 2025 is hereby approved and confirmed.
3. Assessment ballots were mailed, as required by the Assessment Law, to the record owners of all properties proposed to be assessed within the District. The assessment ballots that were completed and received by the City Clerk, prior to the close of the Public Hearing, have been tabulated in accordance with the procedures established under the Assessment Law and the results of such tabulation have been submitted to this City Council.
4. This City Council hereby finds that the assessment ballots submitted _________ in favor of the levy of assessment exceed the assessment ballots submitted in opposition of such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, no majority protest to the levy of assessments within the Assessment District has been found to exist.
_________ in opposition of the levy of assessment exceed the assessment ballots submitted in favor of such levy as weighted by assessment amount in accordance with the Assessment Law. Therefore, a majority protest to the levy of assessments within the Assessment District has been found to exist.
5. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such assessment ballot proceeding.
6. This Resolution shall become effective immediately upon its adoption.
Resolution No. ____________
7. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED on this 7th day of January, 2025. ________________________________
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 7th day of January 2025, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
_______________________________
Yvette Mayfield, MMC
City Clerk
Resolution No. ____________
Exhibit A
Certificate of Tabulation Official
and
Statement of Assessment Ballots Submitted
STATE OF CALIFORNIA )
COUNTY OF KERN ) ss.
CITY OF TAFT )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Taft, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to Landscape and Lighting Maintenance District No. 1.
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the proposed assessment and the assessment ballots submitted in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed 144
Total assessment ballots received
Assessment ballots received in favor of the proposed assessment:
Weighted value of assessment ballots received in favor of the proposed assessment
Assessment ballots received in opposition to the proposed assessment:
Weighted value of assessment ballots received in opposition to the proposed assessment
This certification is executed this 7th day of January, 2025 in Taft, California.
By:
Yvette Mayfield, MMC
Title: City Clerk
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
DECEMBER 17, 2024
The December 17, 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 Dave Noerr, and invocation was given by Pastor Sean Peifer.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Carlos Chavira and Ron Waldrop City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
1. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED OFFICIALS AND SELECTION OF
MAYOR AND MAYOR PRO TEM
1. City Clerk Mayfield administered the Oath of Office to the newly re-elected City Treasurer, Ben Mangum and Council Members Orchel Krier and Dave Noerr.
2. Nominations were opened for Mayor:
Krier nominated Noerr
With no other nominations, a roll call vote was taken and Noerr was unanimously appointed as Mayor.
3. Nominations were opened for Mayor Pro Tem:
Bryant nominated himself
Waldrop nominated Krier
A roll call vote was taken, and Bryant was appointed Mayor Pro Tem by a 3/2 vote.
2. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.
3. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Commission had two items at their last meeting, the continued review of a zoning ordinance amendment to address housing element updates and adoption of their 2025 meeting schedule.
4. COUNCIL STATEMENTS (NON-ACTION)
Council Member Bryant wished everyone a Merry Christmas and Happy New Year.
Council Member Chavira thanked the culinary students for preparing the end of year meal for the meeting and taking the time to tour city hall learning a little bit about their government and wished everyone a Merry Christmas.
Mayor Pro Tem Krier acknowledged Mayor Noerr and Huddleston Crane for sponsoring a Christmas movie at the Fox, talked about the swearing in of our new County Supervisor and wished everyone a Merry Christmas and Happy New Year.
City of Taft Council/Successor Agency Meeting
Minutes
December 17, 2024
Mayor Noerr stated that he appreciates the opportunity to continue to serve on the Council and as the Mayor and wished everyone a Merry Christmas and Happy New Year.
5. DEPARTMENT REPORTS
There was none.
6. CITY MANAGER STATEMENTS
There was none.
7. CITY ATTORNEY STATEMENTS
City Attorney Epperson wished everyone a Merry Christmas and Happy New Year.
8. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 9-11
Motion: Moved by Bryant, seconded by Krier to approve consent calendar items 9-11.
AYES: Bryant, Chavira, Waldrop, Chavira, Krier
PASSED: 5-0
9. MINUTES
December 3, 2024, Regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant # 120624 Check No. 100872-100918 $ 177,838.77
Recommendation – Approve payment of the bills.
11. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 - NOVEMBER 2024 Recommendation - Receive and file the monthly report for November 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 6:20 PM the regular meeting was recessed to closed session.
City of Taft Council/Successor Agency Meeting
Minutes
December 17, 2024
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (1 undisclosed case) Government Code Section 54956.9(b)
The City Council discussed in closed session those items agendized for closed session discussion and directions were given to negotiators and staff. No other reportable action was taken.
ADJOURNMENT - With no further business to conduct, the meeting was adjourned at 6:38 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: 01/07/2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
UPDATE TO THE ALCOHOL AND DRUG TESTING POLICY
SUMMARY STATEMENT:
As a Caltrans 5311 Sub recipient Agency responsible for the Operation of Taft Area Transit, the City of Taft is required to update its Alcohol and Drug Testing Policy. The required revisions to the policy are shown in the attached document. The current policy was adopted by the Taft City Council on April 7, 2020.
RECOMMENDED ACTION:
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT APPROVING THE DRUG AND ALCOHOL POLICY ADDENDUM CITY OF TAFT, TAFT AREA TRANSIT 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): None by this action.
ATTACHMENT (Y/N): Yes - Drug and Alcohol Policy; Resolution PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager
FTA Drug and Alcohol Policy – City of Taft
City of Taft
Effective as of 01/07/2025
Adopted by: Resolution No. 4269-25 Date Adopted: 01/07/2025 Last Revised: 12/18/2024
Drug and Alcohol Policy
FTA Drug and Alcohol Policy – City of Taft
Table of Contents
1. Purpose of Policy.................................................................................................................................3
2. Covered Employees.............................................................................................................................3
3. Prohibited Behavior ............................................................................................................................4
4. Consequences for Violations...............................................................................................................4
5. Circumstances for Testing...................................................................................................................5
6. Testing Procedures..............................................................................................................................7
7. Test Refusals........................................................................................................................................8
8. Voluntary Self-Referral........................................................................................................................8
9. Contact Person....................................................................................................................................9 Attachment A: Covered Positions...............................................................................................................10 FTA Drug and Alcohol Policy – City of Taft
1. Purpose of Policy
This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website http://transit-safety.fta.dot.gov/DrugAndAlcohol/.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655.
Portions of this policy are not FTA-mandated, but reflect City of Taft’s policy.
In addition, DOT has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify Human Resources no later than five days after such conviction.
2. Covered Employees
This policy applies to every person, including an applicant or transferee, who performs or will perform a “safety-sensitive function” as defined in Part 655, section 655.4.
You are a covered employee if you perform any of the following:
• Operating a revenue service vehicle, in or out of revenue service • Operating a non-revenue vehicle requiring a commercial driver’s license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service
• Carrying a firearm for security purposes
A volunteer is a covered employee if:
(1) the volunteer is required to have a commercial driver’s license to operate the vehicle; or (2) the volunteer performs a safety-sensitive function and receives remuneration in excess of his or her actual expenses incurred
See Attachment A for a list of covered positions by job title.
FTA Drug and Alcohol Policy – City of Taft
3. Prohibited Behavior
Use of illegal drugs is prohibited at all times. Prohibited drugs include:
• marijuana
• cocaine
• phencyclidine (PCP)
• opioids
• amphetamines
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
All covered employees required to take a post-accident test are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test, whichever occurs first.
4. Consequences for Violations
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and provided with contact information for Substance Abuse Professionals (SAPs).
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of their next regularly scheduled duty period (but for not less than eight hours) unless a retest results in the employee’s alcohol concentration being less than 0.02.
Treatment/Discipline
Per City of Taft policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be referred to a Substance Abuse Professional (SAP).
FTA Drug and Alcohol Policy – City of Taft
5. Circumstances for Testing
Pre-Employment Testing
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer.
All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40. An alcohol test result of less than 0.02 is required before an employee can first perform safety-sensitive functions. If a pre-employment alcohol test is cancelled, the individual will be required to undergo another test with a result of less than 0.02 before performing safety-sensitive functions.
A negative pre-employment drug test result is required before an employee can first perform safetysensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions.
If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days and has not been in the random testing pool during that time, the employee must take and pass a preemployment test before he or she can return to a safety-sensitive function.
A covered employee or applicant who has previously failed or refused a DOT drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
Reasonable Suspicion Testing
All covered employees shall be subject to a drug and/or alcohol test when City of Taft has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
Post-Accident Testing
Covered employees shall be subject to post-accident drug and alcohol testing under the following circumstances:
Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation FTA Drug and Alcohol Policy – City of Taft
vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by City of Taft using the best information available at the time of the decision, will be tested.
Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
(2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by City of Taft using the best information available at the time of the decision, will be tested.
A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at www.transportation.gov/odapc/random-testing-rates.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.
A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.
FTA Drug and Alcohol Policy – City of Taft
Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.
Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP-required program of education and/or treatment, and provide a negative return-to-duty drug test result and/or an alcohol test result of less than 0.02. Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.
Follow-up Testing
Employees returning to safety-sensitive duty following a return-to-duty test will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP.
A covered employee may only be subject to follow-up alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All follow-up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.
6. Testing Procedures
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.
Dilute Urine Specimen
If there is a negative dilute test result, City of Taft will conduct one additional retest. The result of the second test will be the test of record.
Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).
Split Specimen Test
In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. City of Taft guarantees that the split specimen test will be conducted in a timely fashion. City of Taft will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample, however City of Taft will seek reimbursement for the split sample test from the employee.
FTA Drug and Alcohol Policy – City of Taft
7. Test Refusals
As a covered employee, you have refused to test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by City of Taft.
(2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to provide a specimen for a drug or alcohol test. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a preemployment test has not refused to test. (4) In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient specimen for a drug or alcohol test without a valid medical explanation. (6) Fail or decline to take a second drug test as directed by the collector or City of Taft. (7) Fail to undergo a medical evaluation as required by the MRO or City of Taft’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine drug test.
(10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (13) Fail to remain readily available following an accident.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions and provided with contact information for SAPs.
8. Voluntary Self-Referral
Any employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to Human Resources, who will refer the individual to a substance abuse counselor for evaluation and treatment.
The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.
FTA Drug and Alcohol Policy – City of Taft
Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program.
9. Contact Person
For questions about City of Taft’s anti-drug and alcohol misuse program, contact:
Name: Lonn Boyer
Title: Human Resources Director/Assistant City Manager
Address: 209 E. Kern St. Taft, CA 93268
Telephone Number: 661-763-1222 Ext 114
FTA Drug and Alcohol Policy – City of Taft
Attachment A: Covered Positions
Job Title Testing Authority
TRANSIT OPERATOR FTA
TRANSIT SUPERVISOR FTA
TRANSIT DISPATCHER FTA
MECHANIC FMCSA
FLEET MANAGER FMSCA
RESOLUTION NO. 4269-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING THE DRUG AND ALCOHOL POLICY FOR CITY OF
TAFT, TAFT AREA TRANSIT
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system WHEREAS, the City Council wishes to adopt an update of the Drug and Alcohol Testing Policy for the City Taft, Taft Area Transit
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that:
The updated Drug and Alcohol Testing Policy City of Taft, Taft Area Transit is hereby adopted.
PASSED, APPROVED, AND ADOPTED this 7th day of January 2025. ______________________________
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, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 7h day of January 2025, by the following vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JANUARY 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 25-26) FOR JULY 2025 THROUGH JUNE 2026
SUMMARY STATEMENT:
The Recognized Obligation Payment Schedule 25-26 (ROPS 25-26) for the period of July 2025 through June 2026, along with a resolution approving and adopting the ROPS 25-26 schedule.
RECOMMENDED ACTION
1) Motion to adopt a resolution entitled A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE TAFT COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF
TAFT APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026,
PURSUANT TO THE PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION 341177(j)(AB 1X 26) 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.
2) Direct Staff to present the ROPS 25-26 to the Countywide Oversight Board meeting on January 23rd, 2025, for approval.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): City of Taft Resolution and ROPS 25-26 PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. 4270-25
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE TAFT COMMUNITY
DEVELOPMENT AGENCY OF THE CITY OF TAFT APPROVING AND
ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026, PURSUANT TO THE
PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION
34177(j)(AB 1X 26)
WHEREAS, on December 29, 2011, the California Supreme Court upheld the validity of AB 1X 26 (“AB 1X 26”), requiring that each redevelopment agency be dissolved; and WHEREAS, Assembly Bill 1484, Chaptered on June 27, 2012 requires that Successor Agency’s to former Redevelopment Agency’s review, approve and forward the Recognized Obligation Payment Schedule (ROPS) to the County Oversight Board in order to have the County Oversight Board approval of the ROPS prior to submission date; and WHEREAS, pursuant to HSC section 34177 (o), commencing with the ROPS covering the period from July 1, 2016 to June 30, 2017 and thereafter, agencies shall submit an Oversight Board approved annual ROPS to Department of Finance and the County AuditorController by February 1, 2016, and each February 1 thereafter; and WHEREAS, commencing on and after July 1, 2018, in each county where more than one oversight board was created by operation, there shall be only one oversight board, which shall be staffed by the county auditor-controller; and
WHEREAS, the City Council of the City of Taft by operation of law and by action duly and regularly taken became the successor agency to the dissolved redevelopment agency (“Successor Agency”); and
WHEREAS, pursuant to the requirements of AB 1X 26, the Successor Agency has prepared a Recognized Obligation Payment Schedule for the period July 1, 2025 through June 30, 2026; and
WHEREAS, the County Oversight Board to the Successor Agency has been appointed pursuant to Health and Safety Code Section 34179; and
WHEREAS, the Successor Agency will presented the Recognized Obligation Payment Schedule described above to the County Oversight Board on January 23, 2025 for its approval pursuant to Health and Safety Code Section 34180(g).
NOW, THEREFORE, BE IT RESOLVED that the Taft City Council of the Successor Agency to the Former Taft Community Redevelopment Agency will find as follows:
Section 1. The forgoing Recitals are incorporated herein and made a part hereof.
Section 2. The Successor Agency hereby approves and adopts the ROPS 24-25, covering period July 1, 2024 through June 30, 2025, attached as “Exhibit A”, as required by Health and Safety Code Section 34177.
Section 3. The City Manager and Finance Director are hereby authorized and directed to take action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 24-25, including submitting the ROPS Resolution No. 4270-25
Page | 2
24-25 to the Countywide Oversight Board for approval, and submission of the Approved ROPS to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency’s website.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
On motion by _________________, seconded by _________________, and on the following roll-call vote, to wit:
AYES: Board Members -
NOES: Board Members -
ABSENT: Board Members -
ABSTAIN: Board Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency, Taft, California this 7th day of January, 2025. _______________________________
Dave Noerr, Mayor
Attest:
________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: January 7, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ACCEPT THE COMPLETED WORK BY J.L. PLANK, INC. dba CEN-CAL CONSTRUCTION FOR THE TDA ARTICLE 3 - PEDESTRIAN IMPROVEMENTS - 10TH STREET & 4TH STREET PROJECT SUMMARY STATEMENT:
This is a Notice of Completion for the work under contract agreement with Cen-Cal Construction for the TDA Article 3 - Pedestrian Improvements - 10th Street & 4th Street project. The work consisted of installation of curb & gutters, sidewalks, and ramps on the east side of 10th Street from Supply Row to Main St; and on the west side of 4th Street from Supply Row to Main St.
The City Council awarded the Contract to Cen-Cal Construction in the amount of $224,500.00. The final project construction cost with change orders and quantity adjustments is $269,779.25. There were three (3) change orders on this project; one change order included the installation of an additional ramp at 10th St. and Supply Row southwest corner, another change order was to reconstruct the crosswalk on 10th St. and Rails to Trails path; on the last change order the City requested the contractor to remove additional asphalt section at the 10th Street location to provide a better transition to the new curb and gutter.
The Engineering Department has inspected the work and confirmed to Public Works that the work is in conformance with the plans and specifications as of December 27, 2024.
RECOMMENDED ACTION
Motion to accept the completed work by Cen-Cal Construction for the TDA Article 3 - Pedestrian Improvements - 10th Street & 4th Street project and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3). Staff further recommends the release of the 5% retention to the Contractor after 30 days pending claims or liens filed during this period.
IMPACT ON BUDGET (Y/N): Yes
ATTACHMENT (Y/N): Yes – (Notice of Completion)
PREPARED BY: Public Works
Costs: Construction Cost: $ 269,779.25
Funding: Kern COG Funds - (TDA Art 3): $ 269,779.25
Local Match – (General Fund): $ 0.00
Recording Requested By:
FBO
CITY OF TAFT
When Recorded Mail to:
City of Taft
209 E. Kern St.
Taft, CA 93268
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Taft
3. The FULL ADDRESS of the OWNER is 209 E. Kern St. Taft, CA 93268
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED December 27, 2024
8. The work of improvement completed is described as follows:
TDA Article 3 - Pedestrian Improvements - 10th Street & 4th Street project
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Cen-Cal Construction
10. The street address of said property is: 10th St. from Supply Row to Main St. and 4th St. from Supply Row to Main St.
11. The property on which said work of improvement was completed is in the City of Taft, County of Kern, State of California, and is described as follows:
Pedestrian Improvements
(Mayor)
Date Dave Noerr – City Mayor
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. - City of Taft (Mayor)
Date and Place Dave Noerr – City Mayor
SUBSCRIBED AND SWORN TO before me on
Yvette Mayfield, City Clerk
City of Taft Form Revised 9/22/2007