Taft City Council
October 21, 2025

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, OCTOBER 21, 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. PROCLAMATION – DOCTOR VIBUL TANGPRAPHORN “DR. TANG”

2. ANNUAL MILITARY EQUIPMENT REPORT - COMMUNITY ENGAGEMENT MEETING Recommendation - Open the floor for community engagement, comment and feedback on the Taft Police Department’s 2024-2025 Annual Military Equipment Report presented to Council on September 2, 2025.

3. ANNUAL REVIEW AND RENEWAL OF ORDINANCE 847-22 ADOPTING THE MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481
Recommendation -

1. Review of Ordinance

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT RENEWING ORDINANCE 847-22, ADOPTING THE CITY OF TAFT POLICE DEPARTMENT (TPD) MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481 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.

4. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

City of Taft Council/Successor Agency Meeting
Agenda
October 21, 2025

5. COUNCIL STATEMENTS (NON-ACTION)

6. DEPARTMENT REPORTS

7. CITY MANAGER STATEMENTS

8. CITY ATTORNEY STATEMENTS

9. FUTURE AGENDA REQUESTS
***************************************************************************************************** CONSENT CALENDAR ITEMS 10-12
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?

10. MINUTES
October 07, 2025 Regular
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 101025 Check No. 200937-200992 $ 183,793.57
Warrant # 101725 Check No. 200993-201001 $ 55,456.42
Recommendation – Approve payment of the bills.

12. SECOND READING - ORDINANCE NO. 854-25, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS AND PROVIDE FOR MORE EFFICIENT AND

EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO PROTECT PUBLIC PEACE, HEALTH,

SANITATION, AND WELFARE
Recommendation –
Motion to approve and adopt the City of Taft Municipal Code and adopt an Ordinance entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS

AND PROVIDE FOR MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE 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
October 21, 2025

13. COMMUNICATIONS GROUND LEASE AGREEMENT WITH CALIFORNIA DEPARTMENT OF

TECHNOLOGY FOR A TELECOMMUNICATIONS SITE FOR THEIR MIDDLE-MILE BROADBAND

NETWORK
Recommendation –
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING AND APPROVING A COMMUNICATIONS GROUND LEASE FOR PORTIONS OF APN’S 220-290-10 AND 220-042-05 TO THE CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR THE PURPOSE OF CONSTRUCTING A FENCED FIBER HUT SHELTER and find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures).

14. APPOINT ONE (1) MEMBER TO THE CITY OF TAFT PLANNING COMMISSION TO FILL AN

UNSCHEDULED VACANCY
Recommendation –

1. Interview applicants; then

2. Motion to appoint one (1) member chosen to serve on the City of Taft Planning Commission for terms from November 05, 2025, through June 30, 2027.

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 October 16, 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 October 16, 2025, at Taft, California.

Signature ___________ _________

CERTIFICATE

OF COMMENDATION
Presented To
Doctor Vibul Tangpraphaphorn
Known as Dr. Tang

IN RECOGNITION OF HIS MANY YEARS OF

DEDICATED SERVICE TO THE WEST SIDE
WHEREAS, Dr. Tang grew up in Bangkok, born to
southern Chinese immigrants who moved to Thailand in the 1930’s. He and his brothers attended a Catholic boarding school in Bangkok named Assumption College Sriracha (College at the time meant primary and secondary school); and
WHEREAS, in order to attend university, students had to take a placement exam, and although Dr. Tang aimed to study engineering, to his surprise his exam scores reflected that he scored in the top tier and actually qualified for medical school. So, he attended the top medical college in Thailand, the University of Medicine at Siriraj Hospital; and WHEREAS, not long after finishing medical training, the United States relaxed immigration regulations to allow skilled workers to immigrate from Asia, He and his wife took advantage of the opportunity and moved to Chicago from Asia in the early 1970’s. Once he finished his residency there, they needed to find a place to settle down and found a medical practice for sale in Taft, CA, formerly belonging to Dr. Patrick; and
WHEREAS, in 1979, shortly after moving to Taft and settling down, Dr. Tang and his wife had their daughter Susie; and
WHEREAS, in his spare time, he loves photography and horticulture and trying to grow new plants from seeds and cuttings. He also loves to grow fruit from Thailand (at least whatever will grow in our dry climate); and
WHEREAS, Dr. Tang has been a proud and active member of Taft Rotary Club for over 30 years, helping to establish their very successful Annual Health Fair. He truly enjoys being a Rotarian and serving his community.

NOW, THEREFORE, the City Council of the City of Taft does hereby recognize Dr. Tang, not only for his years of achievements and love for experiencing life, but also for his many years of service to the West Side.

Dated this 21st day of October 2025.
___________________________
Dave Noerr, Mayor
___________________________ ____________________________ Josh Bryant, Mayor Pro Tem Orchel Krier, Council Member ____________________________ _____________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: OCTOBER 21, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ANNUAL MILITARY EQUIPMENT REPORT - COMMUNITY ENGAGEMENT MEETING SUMMARY STATEMENT:

Pursuant to Assembly Bill 481, an invitation for community engagement was put out to the community at large, through a publication in the Taft Midway Driller, publication of invitation on the City’s website, Facebook account, and the public posting board at City Hall to receive comment feedback and engagement regarding the Police Departments 2024-2025 Annual Military Equipment Report that was presented to Council on September 2, 2025.

The report remains available on the City’s website.

RECOMMENDATION:

Open the floor for community engagement, comment and feedback on the Taft Police Department’s 2024-2025 Annual Military Equipment Report presented to Council on September 2, 2025.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Chief of Police
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: OCTOBER 21, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ANNUAL REVIEW AND RENEWAL OF ORDINANCE 847-22 ADOPTING THE MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481
SUMMARY STATEMENT:

Assembly Bill 481 (“AB 481”), approved by the Governor on September 30, 2021, requires law enforcement agencies to obtain approval of their Military Equipment Use Policy from their governing body. In response to this requirement the City Council adopted Ordinance 847-22 on July 19, 2022. Per AB 481, and Ordinance 847-22, an Annual Military Equipment Use Report is to be submitted to Council by the Police Department for review and renewal of said Ordinance. This report was submitted and reviewed by Council at their September 2, 2025 meeting, and the Ordinance is now being brought back for review and renewal by resolution.

RECOMMENDATION:

1. Review of Ordinance

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT RENEWING ORDINANCE 847-22, ADOPTING THE CITY OF TAFT

POLICE DEPARTMENT (TPD) MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481 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): Yes, Copy of Adopted Ordinance 847-22 and Resolution PREPARED BY: City Clerk
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT RENEWING ORDINANCE 847-22, ADOPTING THE CITY OF TAFT POLICE DEPARTMENT (TPD) MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, Government Code Sections 7071 et. seq. codifies Assembly Bill 481 (effective January 1, 2022) and requires legislative bodies to adopt ordinance approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the funding, acquisition, or use of military equipment; and WHEREAS, the TPD has military equipment in its inventory; and WHEREAS, in July 2022 the City Council adopted Ordinance 847-22, adding Chapter 13 to Title VIII to the Taft Municipal Code, to establish the requirements for approval and annual review of a military equipment policy along with approving Taft Police Department Policy 710; and WHEREAS, the TPD Military Equipment Use Policy 710, posted on the department’s website since its adoption, sets forth a military equipment funding, acquisition, and use policy that is consistent with the TPD’s current practices, complies with all requirements of the Government Code and the Taft Municipal Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the TPD; and WHEREAS, the TPD has posted to it’s website and submitted to the City Council, its AB 481 Military Equipment Annual Report for 2024-2025, describing how its military equipment was used and its purpose, a summary of any complaints or concerns, the results of any audits or violations of the policy, the total annual cost of each type of military equipment, the quantity possessed, and the intention, if any, to acquire additional equipment in the next year; and WHEREAS, the Government Code and the Taft Municipal Code require that, following receipt of the annual report, the City Council conduct an annual review of the ordinance adopting the Military Equipment Use Policy and vote on whether to renew the ordinance; and WHEREAS, on September 2, 2025, the City Council received and reviewed the annual report, has reviewed Ordinance 847-22 approving the Taft Police Department Military Equipment Use Policy 710, and has considered the requirements contained in Section 7071(d) of the Government Code, and now desires to renew Ordinance 847-22, approving the Taft Police Department Military Equipment Use Policy 710, without modification; and WHEREAS, the City Council held a noticed public engagement meeting at its regular City Council meeting on October 21, 2025 concerning this resolution.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT AS FOLLOWS:

1. The City Council has received and reviewed the TPD Annual Military Equipment Report for 2024-2025 and the inventory list, and reviewed Ordinance 847-22 approving the TPD’ Policy 710 – Military Equipment Policy, without modification.

2. The City Council hereby finds and determines, pursuant to Government Code Section 7071(d)(1), as follows:

Resolution No. 4260-24

a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of TPD’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
b. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of Taft.
c. The purchasing of equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complied with the policy that was in effect at the time of the use.

3. Based upon these findings, the City Council hereby renews Ordinance 847-22 approving Taft Police Department Policy 710 – Military Equipment Policy.

MOVED, PASSED AND ADOPTED on this 21st day of October 2025. ______________________________________
Dave Noerr, Mayor
Attest:
______________________________________
Yvette Mayfield, MMC
City Clerk
I, Yvette Mayfield, City Clerk of the Taft City Council, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Taft City Council at a regular meeting thereof held on the 21st day of October, 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_____________________________
Yvette Mayfield, MMC
City Clerk
ORDINANCE NO. 847- 22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA ADDING CHAPTER 13 TO TITLE VIII OF THE TAFT

CITY CODE RELATING TO THE ADOPTION OF A MILITARY

EQUIPMENT USE POLICY, IN ACCORDANCE WITH ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill AB") 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code Section 7070( c); and
WHEREAS, AB 481 requires adoption of a military use equipment policy (" Policy") by the City Council before the Taft Police Department (" Department") may take action to request military equipment; seek funds ( such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently of temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency' s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481' s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance will be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.

SECTION 2. Findings. Pursuant to Government Code Section 7071( d)( 1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption ofthe Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public' s welfare, safety, civil rights, and civil liberties.

Ordinance No. 847- 22
July 19, 2022

C. Ifthe Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. The Military Equipment Use Policy is found within the Taft Police Department Policies and Procedures as Policy 710.

F. The Military Equipment Use Policy, set forth as Policy 710 in the Taft Police Department Policies and Procedures, was published on the Taft Police Departments internet website on May 16, 2022.

G. Policy 710 of the Taft Police Department Manual was presented to the City Council on June 21, 2022.

SECTION 3. Adoption of the Military Equipment Policy. The City Council hereby makes the following determinations:

A. The military equipment identified in Taft Police Department Policy 710 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. The Military Equipment Use Policy, as set forth in Taft Police Department Policies and Procedures Policy 710, will safeguard the public' s welfare, safety, civil rights, and civil liberties.

C. The Military Equipment Use Policy, as set forth in Taft Police Department Policy and Procedures Policy 710, is approved and adopted.

D. A copy of Taft Police Department Policy 710 may be obtained on the City of Taft website at Military Equipment Policy - Taft CA ( cityoftaft. org), from the Taft Police Department or from the City Clerk.

SECTION 4. CEQA Determination. The City Council finds and determines that this Ordinance is not a " project" for the purposes of the California Environmental Quality Act CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. As such, the adoption of this ordinance is not subject to CEQA.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 6. Effective Date and Publication. This ordinance shall take effect thirty ( 30) days after the date of its adoption, and within fifteen ( 15) days after its adoption shall be published at least once in a newspaper of general circulation, published, and circulated in the City of Taft together with the names of members of the City Council voting for and against same.

Ordinance No. 847- 22
July 19, 2022

PASSED AND ADOPTED on this 19t' day of July, 2022.
oerr, ayor
Attest:

Yve e ayfield, MMC
City Cl
Approved as to form:

Jaso p on, City Attorney
STATE OF CALIFORNIA }

COUNTY OF KERN SS

CITY OF TAFT
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Ordinance had its first reading on June 21, 2022, and had its second reading on July 19, 2022, and was passed by the following vote:

AYES: COUNCIL MEMBERS: Krier, Bryant, Eveland, Whiting, Noerr NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Y e ayfield, MMC
City 1 rk

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
OCTOBER 07, 2025
The October 07, 2025 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 Pro Tem, Josh Bryant at 6:00 PM. The Pledge of Allegiance was led by City Manager, Craig Jones and invocation was given by Pastor Sean Piefer.

PRESENT: Mayor Pro Tem Josh Bryant
Council Members Carlos Chavira, Orchel Krier and Ron Waldrop City Manager Craig Jones and City Attorney Jason Epperson Deputy City Clerk Faith Melton
ABSENT: Mayor Dave Noerr

1. PUBLIC HEARING – INTRODUCTION OF ORDINANCE NO. 854-25, AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS AND

PROVIDE FOR MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS

TO PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE The public hearing was opened at 6:16 PM to receive public input, receiving none, the public hearing was closed.

Motion: Motion by Krier, seconded by Waldrop to approve an ordinance entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND

STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS AND PROVIDE FOR MORE EFFICIENT AND

EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE (Ordinance No. 854-25) for first reading by title only and reading of such be waived; 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.

AYES: Krier, Bryant, Chavira, Waldrop
PASSED: 4-0

2. PUBLIC HEARING – TAFT AREA TRANSIT FARE INCREASE
The public hearing was opened at 6:26 PM to receive public input, receiving none, the public hearing was closed.

Motion: Motion by Krier, seconded by Bryant to adopt a resolution entitled A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING AND APPROVING PROPOSED FARE INCREASES FOR THE TAFT AREA TRANSIT (Resolution No. 4318- 25) and find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in section 15061(b)(3) of the CEQA guidelines.

AYES: Krier, Bryant, Chavira, Waldrop
PASSED: 4-0
City of Taft Council/Successor Agency Meeting
Minutes
October 07, 2025

3. CERTIFICATE OF RECOGNITION FOR GEORGIANNA ARMSTRONG

4. PROCLAMATION – CITY OF TAFT FINANCE WEEK

5. CITIZEN REQUESTS/PUBLIC COMMENT
Ray Ballard spoke about Toys for Tots and said there are 35 donation boxes in various locations around Taft, saying each year Toys for Tots donates over 1,000 toys to children around Taft.

6. COUNCIL STATEMENTS (NON-ACTION)
Mayor Pro Tem Bryant talked about how great of a celebration Oildorado is, gave some history about the celebration and the City of Taft and told the community to be safe and have fun this upcoming week.

Council Member Waldrop explained that he was excited to see a big crowd at tonight’s meeting and said he is excited for Oildorado and that it’s great way to bring money back into our town.

Council Member Chavira gave a shoutout to the Campos family for watching the Council meeting and mentioned it is good for youth to learn about local government, then gave a few quotes.

Council Member Krier talked about his recent trip and spoke on other issues happening around the world.

7. DEPARTMENT REPORTS
Taft Police Chief, Damon McMinn, gave the Taft Police Department statistics for the month of September.

8. CITY MANAGER STATEMENTS
There was none.

9. CITY ATTORNEY STATEMENTS
There was none.

10. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 11-14
Motion: Moved by Krier, seconded by Waldrop to approve consent calendar items 11-14.

City of Taft Council/Successor Agency Meeting
Minutes
October 07, 2025

AYES: Krier, Bryant, Chavira, Waldrop
PASSED: 4-0

11. MINUTES
September 16, 2025 Regular
Recommendation – Approve as submitted.

12. PAYMENT OF BILLS
Warrant # 091225A Check No. 200789-200791 $ 2,466.22
Warrant # 091225 Check No. 200792-200847 $ 225,727.59
Warrant # 091925 Check No. 200848-200863 $ 50,372.16
Warrant # 092625A Check No. 200864 $ 17,376.50
Warrant # 092625 Check No. 200865-200927 $ 368,887.72
Warrant # 100325 Check No. 200928-200936 $ 5,069.94
Recommendation – Approve payment of the bills.

13. MONTHLY REPORT FOR KERN COUNTY FIRE STATION NO. 21 – AUGUST 2025 Recommendation – Receive and file the monthly report for August 2025 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.

14. APPROVAL OF STREET CLOSURE FOR THE WEST SIDE RECREATION AND PARK

DISTRICT TRUNK-OR-TREAT EVENT
Recommendation –
Motion to adopt a resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURE FOR THE 2025 TRUNK-OR-TREAT EVENT (Resolution 4319-25) 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 6:58 PM the regular meeting was recessed to closed session and adjourned in honor and memory of Gary Summers.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph 2 or 3 of subdivision (d) of Section 54956.9 (d) – one (1) potential case
 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.

City of Taft Council/Successor Agency Meeting
Minutes
October 07, 2025

ADJOURNMENT - With no further business to conduct, the meeting was adjourned at 7:59 PM. __________ ____________
Faith Melton Dave Noerr
Deputy City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: OCTOBER 21, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

SECOND READING - ORDINANCE NO. 854-25, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD

KEY PROHIBITIONS AND PROVIDE FOR MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE

VIOLATIONS TO PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE SUMMARY STATEMENT:

This ordinance will update and streamline portions of the TMC to enhance enforcement regulations related to various prohibitions on unlawful conduct, intended to improve public welfare and quality of life in the City of Taft (“City”). This ordinance will now include or clarify prohibitions on: disturbing the peace; entering or remaining in parks or facilities while under the influence; defacing, destroying, or littering in restrooms in any park or public facility; public urination and defecation; interference with public transportation; public consumption of alcohol and possession of open containers in vehicles; unauthorized entry on public property; fighting on public property; engaging in harassing contact with City staff; loitering; smoking in certain public places; nudity in public places; removal of shopping carts from businesses; graffiti; unlawful use or possession of fireworks; aggressive panhandling and unlawful door-to-door solicitation; and disturbing or excessive noise and loud parties. This ordinance further streamlines penalties and cumulative remedies to ensure that the TMC comports with recent state and federal law enactments and to achieve more efficient enforcement of violations of the TMC. This ordinance also updates the TMC to be in line with recent Supreme Court decisions and directives by the State of California.

The outcome of this ordinance will be to provide greater efficiency and authority for the City’s code enforcement efforts related to prohibitions designed to improve public peace, health, sanitation, and welfare.

RECOMMENDATION
Motion to approve and adopt the City of Taft Municipal Code and adopt an Ordinance entitled AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS AND PROVIDE FOR MORE EFFICIENT

AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE 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): Yes, Ordinance
PREPARED BY: Office of the City Manager and Police Chief ORDINANCE NO. 854-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT UPDATING

AND STREAMLINING SELECTED PROVISIONS OF THE TAFT MUNICIPAL CODE (“TMC”) TO ADD KEY PROHIBITIONS AND PROVIDE FOR MORE

EFFICIENT AND EFFECTIVE ENFORCEMENT OF CODE VIOLATIONS TO

PROTECT PUBLIC PEACE, HEALTH, SANITATION, AND WELFARE
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Taft (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Taft Municipal Code (“TMC”) periodically to comply with recent state and federal law enactments and decisions and to achieve more effective and efficient enforcement of code violations to promote public health, safety, and welfare;
WHEREAS, in light of the recent ruling by the United States Supreme Court in Johnson v.

Grants Pass which expands cities’ ability to enforce local laws prohibiting camping on public property, including camping in vehicles located on public property, the City Council has identified changes to its regulations based on the guidance offered in that Court decision and subsequent court decisions and executive order by the State to enhance the City’s capacity to protect the safety and well-being of the community;
WHEREAS, the City Council finds it necessary to expand authority to enforce and issue citations to include law enforcement and clarify the TMC’s provisions for authority to arrest for increased transparency and optionality for enforcement in line with Penal Code section 836.5; WHEREAS, the City Council finds it necessary to define and either include or clarify prohibitions affecting public peace, health, sanitation, and welfare and related penalties such as disturbing the peace, entering or remaining in parks or facilities while under the influence, defacing, destroying, or littering in restrooms in any park or facility, public urination and defecation, interference with public transportation, prohibited door-to-door solicitation, public consumption of alcohol or possession of open containers in vehicles, unauthorized entry on public property, fighting on public property, engaging in annoying and harassing contact with City staff, loitering generally and loitering while manifesting an intent to engage in drug activity and loitering while engaging in other conduct in violation of the code while respecting the constitutional rights of free speech for all citizens, smoking in certain public places, nudity in public places, removal of shopping carts, graffiti, responsibility for unlawful use or possession of fireworks, aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens, disturbing or excessive noise and loud parties, and criminal street gang activity; WHEREAS, the City Council has determined to clarify its regulations for abatement for public nuisances including regulations in Title II, Chapter 12 regarding Encroachments, Title II, Chapter 13 regarding the Use of Parks, Recreation Facilities, and Other Public Places, Title II, Chapter 14 regarding prohibitions against the Use of Vehicles for Human Habitation, Title IV, Chapter 9 for Doorto-Door Solicitation, Title VIII, Chapter 1 for General Offenses, Title VIII, Chapter 12 regarding Graffiti Prevention and Abatement, Title VIII, Chapter 15 regarding Aggressive Panhandling, Title VIII, Chapter 16 regarding Disturbing, Excessive, Loud, or Offensive Noise and/or Loud Parties, and Title VIII, Chapter 17 regarding Criminal Street Gang Enforcement and Prevention, including what constitutes a nuisance and cost recovery for nuisance abatement as permitted under Government Ordinance No. 854-25

Code sections 38771, 38773, 38773.1, 37773.5 and other laws to ensure a more efficient and clear approach to nuisance abatement in the City;
WHEREAS, the City Council has identified sensible changes to the TMC to effectuate the above and wishes to ensure that the TMC’s provisions across the various chapters are consistent for ease of enforcement and ease of understanding for the public; and WHEREAS, said amendments, adoptions, and/or deletions of the TMC are permitted by law, including the California Constitution, Government Code, and Civil Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. TMC section 1-1-5 is hereby amended as follows:

SECTION 3. TMC section 1-1-11, subdivision (C)(1) is hereby amended as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation.

SECTION 4. TMC section 1-2-5 is hereby amended as follows:

It is the duty of city enforcement officers as defined in section 1-3-3 to enforce the provisions of this code and they are authorized to arrest any person without a warrant whenever the enforcement officer has a reasonable cause to believe that the person arrested has committed a misdemeanor or infraction in the enforcement officer's presence which is a violation of this code.

SECTION 5. TMC section 2-13-1 is hereby amended, and is to be read in its entirety as follows:

City parks and recreational facilities are established for the use and enjoyment of all persons in the pursuit of recreation, whether active or passive. It is the city's responsibility to promote the health, peace, safety, welfare and convenience of all persons in regards to their use and enjoyment of any city park, city public transportation, and other city facilities. The city council finds that to give practical effect to this policy and to ensure that all persons may enjoy such parks and facilities, it is necessary to regulate the use of city parks and facilities.

SECTION 6. TMC section 2-13-2 is hereby amended with respect to the definition of FACILITY, and is to be read in its entirety as follows:

FACILITY: A building, owned or used by the city, whether devoted to active or passive recreation, or open for or dedicated to public use within the city of Taft.

SECTION 7. TMC section 2-13-3 is hereby amended, and is to be read in its entirety as follows:

No person shall enter, be or remain in any city park or facility unless such person complies with all the regulations and conditions set forth in this chapter.

SECTION 8. TMC section 2-13-4 is hereby amended, and is to be read in its entirety as follows:

Ordinance No. 854-25

Every person who willfully within any park or facility commits any of the acts set out in this section or violates any other prohibition in this chapter is guilty of a misdemeanor which shall be punishable in accordance with title I, chapters 1 and 2 of this code, as now existing or later amended. The prohibited acts include the following:
(A) To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except in areas which may be designated by the chief of police, provided that this shall not apply to dogs and cats when led by a leash and under full control by its owner or custodian, and shall not apply to those dogs defined under California law as "assistance dogs". (B) To ride or drive any skates, skateboard, horse or other animal, or to propel any vehicle, cycle, bicycle, skateboard, skates or automobile, except in areas designated for purposes of vehicle or other travel or otherwise by the chief of police. This provision does not apply to any vehicle being used for authorized city business, nor to any police or other emergency vehicle performing an authorized mission, nor to a vehicle pursuant to written permission of the chief of police. Neither does this provision apply to any electrically driven wheelchair carrying a physically incapacitated person.
(C) To enter, remain, stay or loiter between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. the following day without permission from the chief of police or except as a participant in an activity permitted by the chief of police. This provision does not apply to cyclists or pedestrians within the park known as “rails to trails” who are in transit during the time between one-half hour after sunset until one-half hour before sunrise the following day. (D) To light or maintain any fire or to cook, prepare, serve or eat any meal other than in an area which is provided for that purpose and designated as such by posted notice. (E) To possess, carry or discharge any firearms, firecrackers, rockets, explosives or any other fireworks, air gun, bow and arrow, slingshot or any similar device or weapon; nor shall any person carry into or use any other object within a park with the intent of disturbing the peace of any person by means of noise or otherwise. This prohibition shall not apply to the engaging in or traveling to target practice conducted in accordance with appropriate standards of safety at an archery, skeet or target range authorized and provided by the city for such purpose, nor shall this prohibition apply to law enforcement personnel acting within the scope of their official duties. This provision's prohibition against possessing firearms shall not apply to individuals in possession of a current and properly issued carry concealed weapon (CCW) permit, if such CCW permit was properly issued by a California city police department or California county sheriff's office. Persons with a current and properly issued CCW permit may not discharge such weapon or weapons within a park even with said CCW permit. (F) To throw, project or propel or drive any missile, model airplane, model car, go-carts or other self-propelled devices and vehicles not covered under the California Vehicle Code, capable of causing personal injury or damage to personal property, except at such places designated therefor by the chief of police.
(G) To drive, hit or putt any golf ball or to use any golf club, except in such areas as may be designated by the chief of police for that purpose.
(H) To cut, break, injure, deface or destroy any tree, shrub, plant, rock, building, cage, pen, monument, sidewalk or paved area, fence, bench or other structure, apparatus or property, or pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon, paint or deface in any manner any building, monument, bench, sidewalk, paved area or other structure.

This prohibition shall not apply to any employee or contractor of the city. (I) To cut or remove any wood, turf, grass, soil, rock, gravel, sand or fertilizer. (J) To camp or lodge therein except by permission in writing by the chief of police. (K) To throw, discard, place or dispose of any garbage or refuse in any place other than in a garbage can or other receptacle maintained for that purpose. (L) To park any vehicle on any path or grass except at places designed for parking by the chief of police, or to park any vehicle overnight, even in places designed for parking. (M) To play or bet at or against any game which is played, conducted, dealt or carried on with Ordinance No. 854-25

cards, dice or other devices for money, chips, shells, credit or other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming. This prohibition shall not apply to simulated gambling games or to bingo games when conducted by a nonprofit organization during fundraising events pursuant to a permit or reservation issued by the chief of police pursuant to this code and in compliance with all other applicable law. (N) To hold any meeting, service, concert, event or exhibition without first obtaining written permission from the chief of police or other city official or department designated by the city manager for the issuance of such written permission.
(O) To engage in any commercial activity including, but not limited to, the selling, offering for sale, advertising for sale or solicitation for future delivery or performance of any goods, wares, merchandise or services, except pursuant to a specific concession or contract granted by the city or a permit therefor, including pursuant to title IV chapter 7 of this code. (P) To interfere with the use of any scheduled group or activity that has received a permit from the city for use of said park or facility.
(Q) To camp overnight or otherwise set up camping equipment. (R) To disturb the peace and quiet by:

1. Any unduly loud or unusual noise;

2. Tooting, blowing or sounding any siren, horn, signal, or noise-making device;

3. Any obscene, violent or riotous conduct; or

4. The use of obscene language.
(S) To enter, remain in, or be in any park or facility while under the influence of any alcoholic beverage except allowed through a special event permit or narcotic or dangerous drug. (T) To enter, remain in, or be in a park or facility while in possession of or transporting, purchasing, selling, giving away or consuming any narcotics or dangerous drugs. (U) To deface, destroy, litter in, or otherwise misuse the restroom facilities located at any park or facility.

SECTION 9. TMC section 2-13-10 is hereby added, and is to be read in its entirety as follows:
2-13-10: BODILY FUNCTIONS PROHIBITED IN PUBLIC PLACES:

Any person who, in any public park, street, sidewalk, alley, highway, or, at any facility, including presence there for any kind of meeting, assembly, or other public service, or otherwise, at any other public place or in the immediate neighborhood thereof and in view by the public, urinates or defecates, is guilty of a misdemeanor, provided that this section shall not be applicable to the act of urinating or defecating in a proper receptacle in a restroom or bathroom in any enclosed restroom structure.

SECTION 10. TMC section 2-13-11 is hereby amended, and is to be read in its entirety as follows:
2-13-11: INTERFERENCE WITH PUBLIC TRANSPORTATION
(A) Annoyance. No person shall, with the intent of causing public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, within or near any public transportation vehicle, building, or facility:

1. Engage in fighting or violent, tumultuous or threatening behavior;

2. Make excessive or unnecessary noise;

3. Use abusive, obscene, profane or vulgar language, or make obscene gestures;

4. Obstruct the free unimpeded movement of passengers or public transportation vehicles; or

5. Interfere with the duties of any maintenance or facility operations personnel, transportation vehicle operator, fare collector or inspector, or public safety officer, security guard or official.

Ordinance No. 854-25

(B) Failure to Obey Reasonable Requests. No person shall fail to obey a reasonable request or lawful directive of a transportation vehicle operator, public safety officer, or other person in charge or control of a public transportation vehicle or public transportation facility. (C) Graffiti. No person shall cause graffiti, signs or stickers to be inscribed, applied, or affixed on any public transportation vehicle or facility.
(D) Public Restroom Facilities. No person shall deface, destroy, litter in, or otherwise misuse any public restroom facility provided with the public transportation.

SECTION 11. TMC section 2-13-12 is hereby added, and is to be read in its entirety as follows:
2-13-12: ENFORCEMENT:
(A) Except as otherwise provided, the chief of police shall have the primary responsibility for the enforcement of this chapter. Each police and law enforcement officer of the city is given permission to enter the public and restricted parts of all parks and public facilities to maintain public order or to prevent, remedy or take other appropriate action with respect to violations of the provisions of this chapter or of other applicable laws or regulations. All violations are prosecutable under title I, chapters 1 through 3, inclusive, of this code, as well as under any other provisions of applicable law, whether or not contained within this code. Parking violations may be enforced via citation and by immediate towing. Vehicles towed shall be released to the rightful owner only upon presentation of proof of ownership and payment in full of all citations and towing and impound fees.
(B) The city is authorized to take such actions as may be required for enforcement of this chapter.

The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunctions, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (C) Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including, abatement procedures authorized to the city by this code and other applicable laws.

SECTION 12: TMC section 2-14-3 is hereby amended as follows:
(A) It shall be unlawful for any person to sleep in a vehicle whatsoever for habitation:

1. Between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. on any public or private street, parking lot, or unimproved or vacant lot within the City of Taft; or

2. At any time within a one block radius of any edge of a lot containing a park or a licensed school, pre-school, or daycare facility within the City of Taft.

The foregoing shall not apply to a private parking lot or unimproved lot in which the property owner has obtained a conditional use permit from the City to allow for sleeping in the parking lot or unimproved lot. Nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State, or local statute or ordinance. Nothing herein shall be construed to prohibit the allowable parking and sleeping in recreational vehicles described in sections 6-12-19, 6-12-20, and 6-12-21 of title VI of the Taft Municipal Code if all legal requirements therein are met. Nothing herein precludes the enforcement of any other related laws that the City of Taft is authorized to enforce.
(B) Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code, unless deemed an infraction pursuant to section 1-1-11. The City is authorized to take such actions as may be required for enforcement of this chapter. The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order Ordinance No. 854-25

and nuisance abatement action for such relief such as preliminary or permanent injunctions, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the City by this code and all other applicable laws. (C) If any portion, subsection, sentence, clause or phrase of this section is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid.
(D) This section may be enforced by enforcement officers of the City of Taft specified in section 1- 2-5 of title I.
(E) Nothing in this section shall be construed to affect, supersede, or otherwise prevent enforcement of provisions under other provisions of the Taft Municipal Code, California State Law, or other law enforceable by the City or to prevent the City from commencing administrative, civil, or criminal proceedings for nuisance abatement, injunctive relief, or other methods of enforcement available under law.

SECTION 13. TMC Title IV, Chapter 9 is hereby amended as follows:

CHAPTER 9

DOOR-TO-DOOR SOLICITATION
4-9-1: PROHIBITED DOOR-TO-DOOR SOLICITATION
It is unlawful for any person to engage in door-to-door commercial solicitation at or upon any private property within the city. This prohibition shall not apply to activities specifically exempted by section 4-9-2.

For purposes of this chapter, “door-to-door solicitation” means traveling by foot, vehicle, or any other means from door to door, house to house, or street to street:
(A) carrying, conveying, or transporting food, goods, wares, merchandise, or other personal property of any nature whatsoever, offering or exposing the same for sale, or making sales and delivering articles to purchasers, excepting authorized vendors as defined in Chapter 22 of Title IV; or
(B) taking or attempting to take subscriptions, contracts of sale, or orders for the sale of foods, goods, wares, merchandise, or other personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale, or whether or not he collects advance payments on such sales.
4-9-2: EXEMPTIONS
The provisions of section 4-9-1 shall not apply to any of the following:
(A) Merchandise and food vendors may be allowed on public sidewalks under the provisions of Title IV, Chapter 22 Sidewalk Vending;
(B) Persons delivering or soliciting subscriptions for a newspaper of general circulation; (C) Groups that operate under a nonprofit exemption;
(D) Persons engaging in political or religious free speech activities; Ordinance No. 854-25

(E) Delivery of goods that have been ordered or delivery of goods that are a part of an established fixed route.
4-9-3: PENALTIES AND ENFORCEMENT
(A) Penalties. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code. (B) Public nuisance. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the city by this code and all other applicable laws.
(C) Enforcement. The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 14. TMC section 8-1-4 is hereby amended as follows:
(A) Public Consumption and Possession. It shall be unlawful for any person to drink, otherwise consume, or be in possession of an open container, of any intoxicating beverage, on any public street, sidewalk, alley, highway, municipal parking lot, public facility, park or playground within the city unless a special event permit allows otherwise. (B) Drinking in Vehicle. It shall be unlawful for any person to enter or remain in a vehicle while the person or any other occupant is consuming any alcoholic beverage while the vehicle is on a public street, public parking lot, alleyway, public highway, or other public place.

SECTION 15. TMC section 8-1-12 is hereby amended as follows:
8-1-12: UNAUTHORIZED ACCESS:
(A) Public Property. It shall be unlawful for any person to enter or remain unlawfully in or upon a public property, public transportation vehicle or public transportation facility, or portion thereof which is owned, occupied, or under the control of the city when the premises or any portion thereof is not open to the public.
(B) Other Property. It shall be unlawful for any person to enter any unoccupied building, open or empty lot, or other private property and create a nuisance, danger to themselves or others, such as [] without the consent of the owner, occupant or person in charge thereof.

SECTION 16. TMC section 8-1-15 is hereby added, and is to be read in its entirety as follows:
8-1-15: FIGHTING IN PUBLIC PROHIBITED:

It shall be unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person upon any private property, including the property of another, within the city, while in public view and disturbing the peace.

SECTION 17. TMC section 8-1-16 is hereby added, and is to be read in its entirety as follows:
8-1-16: FIGHTING ON PUBLIC PROPERTY PROHIBITED:

It shall be unlawful for any person to engage in any physical fight, disorderly conduct, or altercation with any other person on any public owned or operated by the city.

Ordinance No. 854-25

SECTION 18. TMC section 8-1-17 is hereby added, and is to be read in its entirety as follows:
8-1-17: HARRASSING, THREATENING, AND ANNOYING CONTACTS TO CITY:
(A) No person shall contact the city’s employees, representatives, or agents in person to harass, threaten, or annoy them, including making repeated in person contacts with use of obscene language, threats of violence, threatening behavior, or with the intent to annoy. (B) No person shall contact the city’s employees, representatives, and agents via telephone or other electronic communication to harass, threaten, or annoy them, including making repeated telephone calls with the use of obscene language, threats of violence, or with the intent to annoy.

SECTION 19. TMC section 8-1-18 is hereby added, and is to be read in its entirety as follows:
8-1-18: LOITERING:
(A) No person, after first being warned by an enforcement officer, shall loiter, stand, sit, or lie in or upon any public street, sidewalk, curb, crosswalk, path, trail, or walkway area so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct, or prevent the free access to the entrance of any building open to the public . (B) It is unlawful for any person to loiter, stand, sit, or lie in or upon any public street, sidewalk, curb, crosswalk, path, trail, or walkway area while also engaging in conduct which amounts to a violation of any provision of this code.
(C) It is unlawful for any person to loiter, stand, sit, or lie in or upon any public street, sidewalk, curb, crosswalk, path, trail, or walkway area in the manner and under circumstances manifesting the intent to engage in drug-related activity, defined as offenses in Chapters 6 and

6.5 of Division 10 of the California Health and Safety Code. (D) The provisions of this section shall not apply when application would abridge the exercise of a person’s rights protected under the United States Constitution and the California Constitution, including, but not limited to, the right of free speech, right of peaceable assembly and right to object to unreasonable search and seizure.

SECTION 20. TMC section 8-1-19 is hereby added, and is to be read in its entirety as follows:
8-1-19: SMOKING AT CITY-OWNED FACILITIES AND OTHER PUBLIC PLACES (A) Smoking defined. Smoking for the purposes of this section means the inhaling, exhaling, burning or carrying of any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, cannabis, hookah, electronic smoking device, or any other combustible substance in any manner or in any form. Smoking includes the use of an electronic cigarette or any other electronic and/or battery-operated device used to deliver an inhaled dose of nicotine or other substance. (B) Smoking at city-owned, leased, or operated facilities

1. Smoking shall be prohibited at all outdoor facilities, including parks, and all enclosed facilities, including vehicles, which are owned, leased, or operated by the city.

2. Notwithstanding the provisions of subsection (B)(1) of this section, smoking is not prohibited in areas of facilities designated as smoking areas by the city manager, or his or her designee, pursuant to subsection (B)(3) of this section.

3. The city Manager, or his or her designee, is authorized to establish, and change the designated smoking area(s) for each facility. The city manager, or his or her designee, shall conspicuously post, or cause to be posted, at every designated smoking area, signs identifying that area as a location where smoking is permitted.

SECTION 21. TMC section 8-1-20 is hereby added, and is to be read in its entirety as follows:

Ordinance No. 854-25

8-1-20: NUDE IN PUBLIC PLACE
(A) It shall be unlawful for any person to appear, bathe, sunbathe, walk, or be in any public place or place open to public view in such manner so as to expose the human male or female genitals, vulva, pubis, pubic hair, cleft of the buttocks, perineum, or anus with less than a fully opaque covering, and/or to expose the nipples and/or the areola of the female breasts with less than a fully opaque covering. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.
(B) This Section shall not apply to children under the age of two (2) years, or females engaged in breast-feeding of an infant under the age of two (2) years old.

SECTION 22. TMC section 8-1-23 is hereby added, and is to be read in its entirety as follows:
8-1-21: UNLAWFUL REMOVAL OR POSSESSION OF SHOPPING CARTS PROHIBITED It shall be unlawful for any person other than a cart owner or its authorized representative to do any of the following acts:
(F) To remove or cause to be removed any cart from a retail establishment or a parking area without the prior written consent of the cart owner;
(G) To possess any cart that has been removed from a parking area without the prior written consent of the cart owner or retail establishment, with the intent to temporarily or permanently deprive the cart owner of possession of the cart; (H) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including, but not limited to, any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the cart owner or retailer of possession of the cart without the prior written consent of the cart owner; or
(I) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility.

SECTION 23. TMC section 8-1-23 is hereby added, and is to be read in its entirety as follows:
8-1-23: PENALTIES AND ENFORCEMENT
(D) Penalties. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code. (E) Public nuisance. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the city by this code and all other applicable laws.
(F) Enforcement. The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 24. TMC section 8-12-2 is hereby amended as follows:
8-12-2: GRAFFITI DEFINED AND PROHIBITED
Ordinance No. 854-25

(A) It shall be unlawful for any person to apply graffiti as defined in this chapter. (B) Graffiti means, but is not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, affixed, drawn or painted upon any public or private property, either real or personal, or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view.

SECTION 25. TMC section 8-12-3 is hereby amended as follows:
8-12-3: PUBLIC NUISANCE:

The city hereby declares graffiti to be a public nuisance that may be abated pursuant to the provisions provided in title III, chapter 4 of this code as well as pursuant to the provisions in this chapter. Nothing in this or any other chapter of the code shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate said public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

SECTION 26. TMC section 8-12-5, subdivisions (C), (D), and (E) are hereby amended as follows:
8-12-5: REGULATION OF SALES AND PURCHASES OF AEROSOL PAINT CONTAINERS AND

WIDE TIPPED MARKER PENS TO MINORS
(C) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish any aerosol paint container or any marker pen with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult.
(D) It shall be unlawful for any person under the age of eighteen (18) years to purchase aerosol paint container(s) or a marker pen(s) with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry. (E) Every retailer selling or offering for sale aerosol paint containers and/or marker pens with the tip exceeding six millimeters (6 mm) in width, containing anything other than a solution which can be removed with water when dry, shall post in a conspicuous place a sign in letters at least three-eighths inch (3/8") high stating:

ANY PERSON WHO MALICIOUSLY DEFACES REAL OR PERSONAL PROPERTY WITH INK OR

OTHER PERMANENT LIQUIDS IS GUILTY OF VANDALISM, PUNISHABLE BY FINE AND/OR IMPRISONMENT.

SECTION 27. TMC section 8-12-8 is hereby amended as follows:
8-12-8: PENALTY:
(A) Criminal penalty. A violation of this chapter, except where otherwise indicated, is a misdemeanor subject to all penalties set forth in section 1-1-11 of this code. (B) Additional Penalties Through Sentencing Court. Whenever deemed appropriate, it is the City’s intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

1. Suspension or delay in issuance of driver’s license (pursuant to California Vehicle Code Section 13202.6); and
Ordinance No. 854-25

2. Community service and/or graffiti removal service (pursuant to California Penal Code Sections 640.6 and 1203 et seq., Welfare and Institutions Code Sections 728 and 729.8, and Vehicle Code Section 42001.7)
(C) Cumulative Remedies. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 28. TMC section 8-12-9 is hereby added, and is to be read in its entirety as follows:
8-12-9: ABATEMENT – RECOVERY OF COSTS:

Should the city take abatement measures for graffiti removal under title III, chapter 4 of this code, the expense of such abatement shall be recovered under the provisions of title III, chapter 4 of this code.

The expense of abatement done under this chapter related to minors, shall be recovered under this section:
(A) Lien Against Property. It is the intent of the city to make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor (pursuant to California Government Code Section 38772, California Penal Code Section 1202.4 and other State law). “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person. (B) Special Assessment. As an alternative to the lien against property provided in subsection (A) of this section, the city may, pursuant to Section 38773.6 of the California Government Code, make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a special assessment against a parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, in accordance with the procedures specified in California Government Code Section 38773.5. “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

SECTION 29: TMC section 8-14-8 is hereby added, and is to be read in its entirety as follows:
8-14-8: RESPONSIBILITY
All persons concerned in the commission of any violation of the provisions of this Chapter, whether it be misdemeanor, infraction, or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or own property that the violation occurs on, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed.

Ordinance No. 854-25

SECTION 30. TMC chapter 15 is hereby added to Title VIII, and is to be read in its entirety as follows:

CHAPTER 15

AGGRESSIVE PANHANDLING
8-15-1: PURPOSE AND INTENT
(A) It is the intent of the city council in enacting the ordinance codified in this chapter to preserve and improve the quality of life for those in the city, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive panhandling by imposing reasonable restrictions on aggressive, intrusive, or unsafe panhandling while respecting the constitutional rights of free speech for all citizens. (B) This chapter is not intended to, and does not, prohibit nonaggressive panhandling, and is limited to aggressive panhandling on public property.
(C) Aggressive and intrusive panhandling includes unwanted physical contact upon pedestrians and others or the intentional blocking of pedestrian and vehicular traffic. The city council finds that an increase in aggressive panhandling in the city has become extremely disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places, and to an enhanced sense of fear, and disorder. Aggressive panhandling unquestionably threatens the public’s safety and welfare. Aggressive panhandling also undermines the public’s inherent right to use and enjoy public places without being accosted by or being in reasonable apprehension of persons demanding money or goods in a forceful manner. The actions of individuals engaged in aggressive panhandling likewise can create a climate of intimidation and anxiety among members of the public, who when confronted, reasonably and legitimately fear harm if they refuse to give in to the solicitations of individuals engaged in this type of conduct. Aggressive panhandling also reflects behaviors that are otherwise illegal, such as assaulting persons, and is unrelated to the content of speech, and these regulations are in no way intended to regulate in any manner the content of speech. (D) Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrians. Such activity often carries with it an implicit threat to both person and property. (E) The city council further finds that restricting aggressive panhandling on public property will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such aggressive panhandling and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations while allowing all members of the public to peacefully utilize and enjoy public property. (F) The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to very specific conduct occurring on public property and focused to serve a substantial governmental interest. Furthermore, in enacting this legislation, the city council recognizes the inherent availability of warnings and alternative administrative and civil remedies which may be appropriate remedies for violations of this law.
8-15-2: DEFINITIONS
As used in this chapter, the following terms are defined below:

AGGRESSIVE PANHANDLING: Shall mean any of the following:
(A) Approaching or speaking to a person, or following a person before, during, or after soliciting, if that conduct is likely to cause a reasonable person to: (a) Fear bodily harm to oneself or to another, damage to or loss of property, or(b) Otherwise be intimidated into giving money, goods, or other things of value;
(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking, or begging; Ordinance No. 854-25

(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking, or begging; or (1) Approaching or speaking to a person, or following a person before, during, or after soliciting, if that conduct is likely to cause a reasonable person to: (a) Fear bodily harm to oneself or to another, damage to or loss of property, or(b) Otherwise be intimidated into giving money, goods, or other things of value;
(D) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler.

BONA FIDE CHARITY or CHARITY: Shall mean any social, religious, educational, sports, arts, or other similar bona fide nonprofit organization not engaged in any criminal activity or enterprise for which financial donations are collected.

PANHANDLING: Shall mean to ask for or solicit money, property, or other favor, regardless of value. 8-15-3: PROHIBITION AGAINST AGGRESSIVE PANHANDLING
(A) It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any city park, city building, and public street, highway, sidewalk, or public right-of-way.
(B) This chapter does not apply to any bona fide charity or person that engages in panhandling that is not aggressive, as defined in this chapter.
(C) This chapter does not apply to protected speech activities or other activity protected by law. 8-15-4: PENALTIES AND ENFORCEMENT
(A) Penalties. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code. (B) Public nuisance. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the city by this code and all other applicable laws.
(C) Enforcement. The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 31. TMC chapter 16 is hereby added to Title VIII, and is to be read in its entirety as follows:

CHAPTER 16

DISTURBING, EXCESSIVE, LOUD, OR OFFENSIVE NOISE AND/OR LOUD PARTIES 8-16-1: DEFINITIONS
As used in this chapter, the following terms are defined below:

LOUD PARTY OR PARTIES: A “loud party” is a gathering of two or more people on private property Ordinance No. 854-25

which is determined by enforcement officers as defined in section 1-3-3 to be disruptive to the public peace, health, safety, or welfare due to the magnitude of the crowd, noise, disturbances, unruly behavior of those attending the party or gathering, excessive traffic or traffic congestion, illegally parked vehicles blocking other traffic or fire access, or destruction of property.

RESPONSIBLE PERSON: A “responsible person” means the person who owns the property where the party, gathering or event takes place; the person in charge of the premises; and/or the person who organized the event. If the responsible person is a minor, then the parents or guardians of that minor are also responsible persons whether or not they are present at the party. All responsible persons, as defined herein, are deemed to have caused or permitted the loud party and are responsible for and may be charged with a violation of this section; provided, however, a property owner who rents or otherwise allows others to use its property who is not present at the party or gathering may not be charged with a violation of this section unless the absentee owner had knowledge that the party or gathering was occurring, was planned to occur, reasonably should have known the party or gathering would occur, or previously has been put on notice of prior loud parties being held on site. This exception does not apply to a parent or guardian of a responsible person who is a minor. 8-16-2: PROHIBITION AGAINST DISTURBING, EXCESSIVE, LOUD, OR OFFENSIVE NOISE It shall be unlawful for any person to willfully make or continue, or cause or permit to be made or continued, any loud, unnecessary, or unusual noise which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. It shall also be unlawful to violate any condition of approval associated with any City-issued special event permit for a private special event. (A) The characteristics and conditions which may be considered in determining whether such noise violates the provisions of this section, shall include, but not be limited to, the following:

1. The volume of the noise;

2. The intensity of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise is natural or unnatural;

5. The volume and intensity of the background noise, if any;

6. The proximity of the noise to sleeping facilities;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area within which the noise emanates;

9. The time of the day or night the noise occurs;

10. The duration of the noise;

11. Whether the noise is recurrent, intermittent, or constant; and

12. Whether the noise is produced by a commercial or noncommercial activity. (B) Acts constituting disturbing, excessive, loud, or offensive noise The following activities, among others, are declared to cause disturbing, excessive, loud, or offensive noises in violation of this chapter and causing or permitting such activities is unlawful; provided, however, that inclusion in this section shall not be construed as limiting the type of activities which may be found to cause disturbing, excessive, loud, or offensive noises:

1. Horns, Signaling Devices, Etc. The unnecessary or unreasonable use or operation of horns, signaling devices, or other similar devices, on automobiles, motorcycles, motordriven cycles or any other vehicles.

2. Radios, Television Sets, Phonographs, Loud Speaking Amplifiers, and Similar Devices. a. Uses Restricted. The use or operation of any sound production or reproduction device, radio receiving set, loud speakers, and sound amplifier or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of Ordinance No. 854-25

the city is prohibited.
b. Prima facie violations of this subsection. The following shall constitute evidence of a prima facie violation of this subsection; provided, however, that inclusion herein shall not be construed as limiting the activities which may be found to violate this subsection:
i. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier, or similar machine or device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located. ii. The operation of any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc player, digital video disc player, computer, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of 50 feet and when operated in such a manner as to cause a person to be aware of vibration accompanying the sound at a distance of 50 feet from the source.
(C) This provision shall not apply to any participant in a licensed parade, to law enforcement or emergency personnel in the performance of their duties, or to any person duly authorized, licensed, or permitted by the city to engage in such conduct in a public or private place including through a special event permit issued by the City. 8-16-3: PROHIBITION AGAINST LOUD PARTIES
(A) It shall be unlawful for any responsible person to organize, cause, or permit a loud party.

1. Prima facie violations of this section. The following shall constitute evidence of a prima facie violation of this section; provided, however, that inclusion herein shall not be construed as limiting the activities which may be found to violate this subsection: A party, event or gathering where:
a. Noise emanating from or attributable to that party, event or gathering is audible from a distance of 50 feet from the source of that noise; b. Persons present at the party or gathering are acting in a wild, unruly, uncontrollable manner disruptive to neighbors;
c. The number of persons present violates the fire code or other code related to occupancy limits;
d. Vehicles of those attending the party or gathering are illegally parked or parked in a manner to cause traffic congestion, passage on rights of way, or to block traffic or fire access; or
e. Persons present at the party or gathering have caused or are causing destruction to property of others.
(B) Loud Party Participation Prohibited. All persons attending a party or social gathering declared to be a public nuisance by an enforcement officer shall immediately disperse upon the order of an enforcement officer, and all persons not domiciled at the site of such party or social gathering shall immediately leave the premises. No person shall fail or refuse to obey and abide by such an order.
(C) It shall also be unlawful to violate any condition of approval associated with any City-issued special event permit for a private special event.
(D) This provision shall not apply to any participant for a City-approved special event subject to a special event permit issued by the City
8-16-4: PENALTIES AND ENFORCEMENT
(A) Penalties. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code.

Ordinance No. 854-25

(B) Public nuisance. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the city by this code and all other applicable laws.
(C) Enforcement. The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 32. TMC chapter 17 is hereby added to Title VIII, and is to be read in its entirety as follows:

CHAPTER 17

CRIMINAL STREET GANG ENFORCEMENT AND PREVENTION
8-17-1: DEFINITIONS
As used in this chapter, the following terms are defined below:

CRIMINAL STREET GANG: Shall mean any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated and set forth in the definition of “Pattern of criminal gang activity” in this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

PATTERN OF CRIMINAL GANG ACTIVITY: Shall mean the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of the ordinance codified in this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:
(A) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Penal Code Section 245.
(B) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code.
(C) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code.
(D) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.
(E) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Penal Code Section 246.
(F) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Penal Code Section 12034.
(G) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of the Penal Code. (H) The intimidation of witnesses and victims, as defined in Penal Code Section 136.1. (I) Grand theft, as defined in subdivision (a) or (c) of Penal Code Section 487. (J) Grand theft of any firearm, vehicle, trailer, or vessel. (K) Burglary, as defined in Penal Code Section 459.
(L) Rape, as defined in Penal Code Section 261.

Ordinance No. 854-25

(M) Looting, as defined in Penal Code Section 463.
(N) Money laundering, as defined in Penal Code Section 186.10. (O) Kidnapping, as defined in Penal Code Section 207.
(P) Mayhem, as defined in Penal Code Section 203.
(Q) Aggravated mayhem, as defined in Penal Code Section 205. (R) Torture, as defined in Penal Code Section 206.
(S) Felony extortion, as defined in Penal Code Sections 518 and 520. (T) Felony vandalism, as defined in Penal Code Section 594(b)(1). (U) Carjacking, as defined in Penal Code Section 215.
(V) The sale, delivery, or transfer of a firearm, as defined in Penal Code Section 12072. (W)Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Penal Code Section 12101. (X) Threats to commit crimes resulting in death or great bodily injury, as defined in Penal Code Section 422.
(Y) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.

PUBLIC PLACE: Shall mean the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business to which the public is invited, including any place of recreation, entertainment, or eating place. Any “public place” also includes the front yard area, driveway, and walkway of any private residence, business, or apartment house visible from any common area or public right-of-way. 8-17-2: BUILDINGS OR PLACES USED BY CRIMINAL STREET GANGS – NUISANCE Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in in the definition of “Pattern of criminal gang activity” in this chapter or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place wherein or upon which that criminal conduct by gang members takes place is a nuisance which may be punished as set forth in TMC 8-17-4 as well as enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance, as set forth in as set forth in TMC 8-17-4 and incorporated provisions.
8-17-3: PROHIBITED ACTS
(A) Loitering by criminal street gangs. It is unlawful for any person who is a member of a criminal street gang or who is in the company of or acting in concert with a member of a criminal street gang to loiter or idle in a public place under any of the following circumstances:

1. So as to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area;

2. So as to participate in, aid and abet, or conceal commerce in illegal drugs or other unlawful activity.
(B) Parental control. It is unlawful for any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, to knowingly permit or by insufficient control allow a minor to violate the provisions of this chapter. (C) Property owners, lessees or their agents. It is unlawful for any owner, or lessee, or their agent of any building or place to maintain a nuisance, whether public or private, by knowingly Ordinance No. 854-25

permitting or by insufficient control of the building or place to allow any person, including a minor, to violate the provisions of this chapter.
(D) In order to sustain a conviction or judgment it is not necessary for the prosecution to prove that a person devotes all, or a substantial part of, his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang.

Active participation in the criminal street gang is all that is required. 8-17-4: PENALTIES AND ENFORCEMENT
(A) Penalties. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with title I, including chapters 1 and 2, of this code. (B) Public nuisance. Any violation of this chapter shall constitute a public nuisance subject to all enforcement, including abatement procedures authorized to the city by this code and all other applicable laws.
(C) Enforcement. The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 33. TMC section 2-12-4 is hereby amended, and is to be read in its entirety as follows:
2-12-4: VIOLATION, PENALTY, AND ENFORCEMENT.
(A) Any person failing to remove any encroachment from any property of the city, or from any street, avenue, lane, alley, sidewalk, court, place, public way, property or rights of way, now open or dedicated or which may hereafter be opened or dedicated to public use within the city within the time specified in the notice for removal by the director of public works, shall be guilty of a misdemeanor.
(B) The city is authorized to take such actions as may be required for enforcement of this chapter.

The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

SECTION 34. TMC section 2-15-3, subdivision (C) is hereby amended as follows:
(C) This section and entire chapter may be enforced by the City of Taft employees specified in sections 1-1-12, 1-1-13, 1-2-4, and 1-2-5 of title I.

SECTION 35. TMC section 2-15-3, subdivision (E) is hereby added, and is to be read in its entirety as follows:
(E) The city is authorized to take such actions as may be required for enforcement of this chapter.

The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in Ordinance No. 854-25

conjunction with or in lieu of each other remedy.

SECTION 36. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines section 15061(b)(3) in that the Ordinance alone does not have the potential for causing a significant effect on the environment.

SECTION 37. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 38. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

SECTION 39. All provisions of the TMC that have not been amended or deleted by this Ordinance shall remain in full force and effect unless they otherwise are amended by another Ordinance of the City Council.

PASSED, APPROVED, and ADOPTED this 21st day of October, 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 Ordinance had its first reading on October 7, 2025 and had it second reading on October 21, 2025, and was passed by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: OCTOBER 21, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

COMMUNICATIONS GROUND LEASE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TECHNOLOGY

FOR A TELECOMMUNICATIONS SITE FOR THEIR MIDDLE-MILE BROADBAND NETWORK SUMMARY STATEMENT:

The middle-mile is the physical fiber optic infrastructure needed to enable internet connectivity. It is made up of high-capacity fiber lines that carry large amounts of data at high speeds over long distances. An open-access network gives providers and entities access to broadband infrastructure that will allow any networks to connect on equal economic and service terms. California is strengthening broadband connections to improve access to education, health services and employment opportunities throughout the state as a part of the Middle – Mile Broadband Initiative.

The City received a request to lease 2,530 sq. ft of city property located just off the intersection of Highway 33 and Petroleum Club Road for the purposes of constructing a fenced compound containing a Fiber Hut equipment shelter, propane generator and underground propane tank as a part of their Middle – Mile Broadband Network. Also providing a 2,250 sq. ft easement for access to the site.

The financial benefit to the City of this agreement is an annual lease payment of $18,000 with Public Benefit of the Middle-Mile Broadband Initiative being the first step to creating an open-access, middle-mile network that will build infrastructure to bring high-speed broadband service to unserved and underserved communities, regardless of technology used, on equal economic and service terms.

RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING AND APPROVING A COMMUNICATIONS GROUND LEASE FOR PORTIONS OF APN’S 220- 290-10 AND 220-042-05 TO THE CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR THE PURPOSE OF CONSTRUCTING A FENCED FIBER HUT SHELTER and find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures).

IMPACT ON BUDGET (Y/N): Yes, $18,000 annual revenue
ATTACHMENT (Y/N): Yes, Resolution and Lease Agreement
PREPARED BY: Office of the City Manager
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING

AND APPROVING A COMMUNICATIONS GROUND LEASE FOR PORTIONS OF APN’S 220-290-10 AND 220-042-05 TO THE CALIFORNIA DEPARTMENT OF

TECHNOLOGY FOR THE PURPOSE OF CONSTRUCTING A FENCED FIBER HUT

SHELTER
WHEREAS, the City of Taft currently owns property located at the intersection of Petroleum Club Road and Highway 33 in the County of Kern, State of California, commonly referred to as APN: 220-290-10 and 220-042-05; and
WHEREAS, the California Department of Technology has the powers and authority necessary to implement a statewide open-access middle-mile broadband network for the purpose of development and construction of a statewide open-access middle-mile broadband network; and
WHEREAS, the City of Taft agrees that it is beneficial to both the California Department of Technology and the City to lease 2,530 square feet of land located on the above stated parcels for the purposes of constructing a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank and 2,020 square feet for easement access to the site; and
WHEREAS, there is public benefit in this project as the Middle-Mile Broadband Initiative is the first step to creating an open-access, middle-mile network that will build infrastructure to bring high-speed broadband service to unserved and underserved communities, regardless of technology used, on equal economic and service terms.

NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TAFT:
1) That the City currently owns property located at the intersection of Petroleum Club Road and Highway 33 in the County of Kern, State of California, commonly referred to as APN: 220-290-10 and 220-042-05;
2) The City and the California Department of Technology have agreed to enter into a Communications Ground Lease for the purpose constructing a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank;
3) The City and the California Department of Technology have agreed upon an annual rent payment amount of $18,000 for said property; and 4) The California Department of Technology under said lease has agreed to construct a fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank under their Middle-Mile Broadband Initiative .

PASSED, APPROVED AND ADOPTED on this 21st day of October, 2025. _____________________________________
Dave Noerr, Mayor
ATTEST:
_______________________________________
Yvette Mayfield, MMC
City Clerk
Reso No. ________
October 21, 2025
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 21st day of October 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________________
Yvette Mayfield, MMC
City Clerk

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
Hut 61 Page 1 of 12
Lease No.:

COMMUNICATIONS GROUND LEASE
PREAMBLE This Lease, dated ________for reference purposes only, is made by and between City of Taft and its successors, hereinafter referred to as Lessor, and by and between the California Department of Technology – Office of Broadband and Digital Literacy, hereinafter referred to as “CDT”or, “State” or “Lessee”. Lessor and State may also be referred to as “Party” or “Parties.”

RECITALS
WHEREAS, pursuant to Government Code section 11549.53, CDT has the powers and authority necessary to implement a statewide open-access middle-mile broadband network, including the authority to enter into agreements with entities and to take actions it deems necessary and appropriate for the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network; and pursuant to Government Code section 11549.52, may oversee the acquisition and management of contracts for the development and construction of a statewide openaccess middle-mile broadband network; and WHEREAS, Lessor has jurisdiction over certain real property in the County of Kern, State of California, commonly referred to as Parcel APN: 220-290-10 and 220-042-05; and WHEREAS, CDT desires to lease a portion of property described herein from Lessor; and WHEREAS, it is in the best interests of the State that such a lease be consummated between State and Lessor on the terms and conditions herein contained.

NOW THEREFORE, the Parties agree to the provisions that follow and are incorporated herein as:

Section 1: Site Specific Provisions
Section 2: Telecom Specific Provisions
Section 3: Standard Provisions
Location of Leased Premises
Hut 61
APN: 220-290-10
Taft, CA 93268
Lease File No.:

Agency:

California Department of Technology

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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Lease No.:

PROPERTY

DESCRIPTION

1. Lessor hereby leases to the State and State hereby hires from Lessor an area parcel of land, approximately two thousand five hundred and thirty 2500 (2530) square feet, hereafter referred to as “Premises” for a telecommunications site, on a parcel situated in the City of Taft, County of Kern, State of California, as illustrated on the attached map, designated as “Exhibit A” and more particularly described as follows:

Fenced compound containing Fiber Hut equipment shelter, propane generator and underground propane tank, in the vicinity of 35.1320399, -119.4453922.

2. Lessor hereby leases to the State and State hereby hires from Lessor an easement of approximately ______ two thousand and twenty (2,020) square/linear feet, hereafter referred to as “Easement” for access to a telecommunications site, situated in the City of Taft, County of Kern, State of California, as illustrated on the attached map, designated as “Exhibit A” and more particularly described as follows:

A non-exclusive easement for pedestrian and vehicle access and the transit of power and fiber cables, approximately [TBD] feet wide, leading from the Premises along the existing dirt road to the public right of way of Petroleum Club Rd, and from the Premises along the existing dirt road to the boundary ofinto neighboring parcel 220-042-05 as shown in Exhibit A.

USE 3. Lessor shall allow State to access the Premises/Easement, and to install, operate, maintain, repair, and remove its equipment, in accordance with terms and conditions of this Lease.

RENT 4. It is mutually agreed between the Parties that the rental compensation specified in this clause (hereafter referred to as “Rent”) is the actual cost to the Lessor, as of the commencement of this Lease, for State’s use of the Premises/Easement as specified herein.

Rent in the amount of eighteen thousand dollars ($18,000.00) per year shall be paid by the State from funds duly appropriated and otherwise legally available for the purpose of making payments under this lease to Lessor.

Landlord may invoice Tenant for annual rental payments due (a) on or after the Effective Date with respect to the first annual payment due during the Initial Term, and (b) on or after each applicable anniversary date of the Effective Date for each subsequent annual payment.

2. Tenant will pay annual rent in accordance with the Prompt Payment Act forty-five (45) days after Tenant receives a properly submitted, undisputed invoice from Landlord.

3. Invoices shall be submitted in triplicate or electronically.

4. Landlord will submit its invoice to Grantee using ONE of the following options referencing the contract number or Agency Order Number:

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Lease No.:
a. Send via U.S. Mail in TRIPLICATE to:

California Department of Technology
Administration Division – Accounting Office
P.O. Box 1810
Rancho Cordova, CA 94741
OR
b. Send electronically to: [email protected]
This Lease of an initial twenty (20) year term, provides for two (2) renewal options of five (5) years each to extend the Lease term.

Rent shall be paid to Lessor at the address specified in the “Notices” section below or to such other address or bank account designated by the Lessor in writing.

UTILITIES &

SERVICES

5. Lessor shall allow the State to place, operate, maintain, and repair equipment necessary for the State’s operation of telecommunications equipment and the broadband network at said Premises/Easement. The cost of installation and keeping the equipment in operation shall be the responsibility of the State.

PRORATIONS 6. Rent payable hereunder for any period of time less than one month shall be determined by prorating the monthly rent herein specified based on a thirty (30) day month and on the actual number of days the State occupies the Premises.

TERM 7. The initial term of this Lease shall commence on the first day that CDT begins construction on the Premises or gives notice to Lessor that construction shall begin, whichever is earlier, and shall expire twenty (20)] years after that date, or on September 30, 2046, whichever is sooner, with the State having two (2) successive five (5) year options to extend the Term of the Lease.

This Lease will not automatically renew at the end of its Term, but shall extend under the terms of this Agreement unless terminated by either Party.

All other provisions of the Lease shall remain the same unless either party notifies the other in writing three hundred and sixty (360) days in advance of the end of the current Term, with such rights of termination as may be hereinafter expressly set forth.

EARLY

TERMINATION

8. Either party may terminate this Lease at any time by giving written notice to the other party at least three hundred and sixty (360) days prior to the date when such termination shall become effective.

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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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NOTICES 9. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows:

To Lessor: [Name]City of Taft
209 E. Kern St.[Address]
Taft, CA 93268 [City, State Zip Code]
(661) 763-1222
Phone: (
)
[email protected]
To State: Department of Technology
P.O. Box 1810
Rancho Cordova, CA 95741[Address]
([City, State Zip Code]
916) 319-9223
Phone: ( ) Shannon.m[email protected]
With Copies To: [Agency Name]
[Attn: ]
Address
City, CA Zip Code
Rental Warrants shall be made payable to Lessor and mailed to the address above or electronically to the bank account identified by Lessor in writing.

Specific contact names, email addresses, and phone numbers shall also be provided by each of Party for the other. Each Party shall notify the other of a change in contact or banking information within thirty (30) days of such change.

All notices and correspondence must reference the address and location of the Premises/Easement, and State’s File No.________.

Nothing herein contained shall preclude the giving of written notice by personal service.

HOLD-OVER

AND LEASE

RENEWAL

10. In the event the State remains an occupant of the Premises or, continues to utilize the Easement/ROW, after the expiration of the Lease term, or any extension thereof, the terms of this Lease shall be extended until terminated by either party, and otherwise on the terms and conditions herein specified, so far as applicable.

KEYS 11. Within 15 days of a request by CDT, Lessor shall furnish a minimum of ( ) sets of keys to CDT at the address indicated in the “Notices” Section, for the vaults, huts, structures and any gates across the access road, Easement or ROW. All Commented [ML2]: City please insert
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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 1 –SITE SPECIFIC PROVISIONS
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Lease No.:
such keys, when not in use, shall be kept securely by CDT or its authorized agent. Lessor shall be supplied with keys to any locks installed by CDT within 15 days of such installation, at Lessor’s address in the “Notices” Section. Lessor shall keep such keys securely.

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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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1. INSPECTION.

Lessor reserves the right to enter and
inspect the Premises/Easement at
reasonable times, after giving written notice
to CDT.

2. NON-EXCLUSIVE RIGHT TO USE ROAD.

Lessor grants to the State a nonexclusive
right to use, during the term of this Lease,
the road and utility access that serve the
Premises/Easement. The State may
exercise this right through its authorized
agents, employees, or contractors
whenever it is necessary for them to have
access to the Premises/Easement.

Lessor shall maintain all access roadways
under its control from the nearest public
roadway to the Premises/Easement in a
manner similar to the conditions on the
commencement date of the Lease. Lessor
shall be responsible for maintaining and
repairing such roadways, at its sole
expense. The State agrees to promptly
repair any abnormal or excessive road
damage to such roadways solely caused by
the State’s use.

3. ALTERATIONS TO PREMISES.

The State shall have the right during the
term of this Lease, with written consent of
Lessor, such consent not to be
unreasonably withheld, to make alterations
to the State’s fixtures. Such items placed in
or upon or attached to the
Premises/Easement under this Lease shall
be and shall remain the property of the State
and shall be removed therefrom by the State
prior to the termination or expiration of this
Lease or any renewal or extension thereof,
or within a mutually agreed upon time
thereafter.

4. ELECTRONIC EQUIPMENT STANDARDS.

With regard to specific site standards and
any laws or regulations pertaining to the use
of electronic equipment: the State agrees to
install, maintain, and operate its electronic
equipment in accordance with all such
requirements. If the State was in occupation
under a previous Lease, the State shall have
one hundred and eighty (180) days from the
commencement of
this Lease to conform to any new site
standards. The State shall display on each
piece of equipment the appropriate license
from the federal regulatory agency, if
applicable.

5. WORKMANSHIP STANDARDS.

The installation and maintenance of the
electronic and other equipment of the State
shall be performed in a neat and
workmanlike manner and shall conform in
all respects to the fire, safety and
construction standards deemed applicable
to such installation by the State.

6. SURRENDER OF POSSESSION.
(a) Upon termination or expiration of this
Lease, the State shall peaceably and quietly
leave, surrender, and yield to Lessor, the
Premises/Easement in good order,
condition, and repair, reasonable use and
wear thereof and damage by acts of nature,
excepted. The State shall remove any and
all hazardous materials it has caused to be
upon or within the Premises/Easement
(such as batteries and items included on
Proposition 65’s list that is effective at the
time) and in doing so shall comply with all
laws.

Upon termination, a qualified representative
of the Lessor shall inspect the
Premises/Easement to determine that said
Premises/Easement were left in accordance
with the terms specified.

7. (b) In the event the State’s tenancy has
resulted in damage to the
Premises/Easement, the State shall be
responsible for the cost to restore the
Premises/Easement to its prior condition.

DISPOSITION OF STATE’S PERSONAL
PROPERTY.

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 2 –TELECOM SPECIFIC PROVISIONS
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Lease No.:
(a) During the term of this Lease, or any
extension thereof, and until terminated by
either Party, all wires, equipment, and other
personal property placed in, upon, or under
the Premises/Easement by the State shall
remain the property of the State and shall be
removed by the State, at its sole cost and
expense, within sixty (60) days after
expiration or termination of the State’s
tenancy.
(b) The State may, however, with written
consent of Lessor, abandon in place any
and all of State’s equipment and personal
property, whereupon, as abandoned, title to
said improvements will vest in Lessor.

End of Section 2
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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:

1. PERMITS AND APPROVALS.

Lessor and the State agree that State’s
ability to use the Premises/Easement is
dependent upon State obtaining all the
certificates, permits, licenses, and other
approvals that may be required from any
third party. Lessor will cooperate with State
at no expense to Lessor, in State’s effort to
obtain such approvals in connection with
said permits.

2. COMPLIANCE WITH LAWS.

State shall at its sole cost and expense
comply with all the statutes, laws,
ordinances, and regulations of all municipal,
state and federal authorities now in force or
which may hereafter be in force pertaining
to the Premises/Easement and use of the
Premises/Easement as provided by this
Lease.

3. ASSIGNMENT, SUBLETTING AND
CHANGE IN USE.

State may assign or transfer this Lease or
sublet said Premises/Easement to nonState users with prior written consent of Lessor, which consent shall not be
unreasonably withheld. An assignment
without the written consent of the Lessor is
void. Notwithstanding the above, the State
may lease rack space to a non-State user
with only notice to Lessor. Lessor may
assign its rights and interests in said Lease
with prior written consent of State, which
consent shall not be unreasonably withheld.

The State reserves the right to substitute
other State agencies, and such substitution
shall not be considered an event of
subletting or assignment pursuant to this
clause.

4. INSURANCE.

Lessor understands and agrees to the
following:

In accordance with Government Code
section 11007.4, the State of California has
elected to be self-insured for liability
exposures.

Under this form of insurance, the State and
its employees acting in the course and
scope of their employment are insured for
tort liability arising out of official State
business. All claims against the State of
California based on tort liability should be
presented as a government claim to the
Government Claims Program, P.O. Box
989052 MS 414, West Sacramento, CA
95798-9052. (Gov. Code section 900, et
seq).

The State has also elected to be insured for
its motor vehicle liability exposures through
the State Motor Vehicle Liability SelfInsurance Program (VELSIP). This program provides liability coverage arising out of the
operations of motor vehicles used by state
employees for official state business
(California Vehicle Code Sections 17000
and 17001). Motor vehicle liability claims
against the State of California should be
presented to the Office of Risk and
Insurance Management, P.O. Box 989052
MS-403, West Sacramento, CA 95798-
9052, (800) 900-3634, [email protected].

If your motor vehicle liability claim is not
resolved within six months from the date of
loss, California law requires you to file a
formal claim with the Government Claims
Program, P.O. Box 989052 MS 414, West
Sacramento, CA 95798-9052. (Gov. Code
section 900, et. seq.).

The State has a Master Agreement with the
State Compensation Insurance Fund
regarding workers’ compensation benefits
for all state employees, as required by the
Labor Code.

5. Lessor shall maintain commercial general
liability insurance, including coverage for the
Premises, during the term of this
Agreement, at its own cost. ACTS OF
NATURE.

If any of State’s improvements or equipment
is destroyed by acts of nature, State may

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:
replace them with improvements or
equipment of the same general type that
meets or exceeds the technical
specifications of the original equipment,
which occupies no more physical space and
that consumes no more electrical power.

State shall immediately notify Lessor of
such items and the date the replacement is
completed.

6. DESTRUCTION OF PREMISES.

If the Premises is partially or totally
destroyed or damaged by fire, acts of
nature, or other casualty so that the Leased
area/Easement/ROW is un-tenantable as
determined by State, the State may
terminate this Lease upon thirty (30) days
written notice to Lessor and no further rental
will be due.

7. QUIET POSSESSION.

Lessor agrees that State, while keeping and
performing the covenants herein contained,
shall at all times during the existence of this
Lease, peaceably and quietly have, hold,
and enjoy the Premises/Easement without
suit, trouble, or hindrance from the Lessor or
any person claiming under the Lessor.

8. HOLD HARMLESS INDEMNIFICATION.

To the extent permitted by Government
Code section 14662.5, State agrees to
indemnify and hold harmless Lessor for any
damage proximately caused by State by
reason of the State’s uses authorized in this
Lease. The State shall not indemnify or hold
Lessor harmless for any claim or damages
caused by Lessor’s sole negligence or willful
misconduct, or any other claims or damages
not expressly authorized by Government
Code section 14662.5.

Lessor does hereby agree to indemnify,
defend, and save State harmless from any
damage proximately caused by Lessor, or
arising out of, or in any way connected with
the acts or omissions by Lessor that may
arise from Lessor or their agent's
employees, contractor's actions except to
the extent that any such damages or
expenses suffered by State are solely the
result of any persons acting under or on
behalf of State.

9. ORAL AGREEMENTS.

It is mutually understood and agreed that no
alterations or variations of the terms of this
Lease shall be valid unless made in writing
and signed by the parties hereto, and that
no oral understanding or agreement not
incorporated herein, shall be binding on any
of the parties hereto.

10. AUTHORITY TO CONTRACT.
(a) If Lessor is a public, private or non-profit
corporation, each individual executing this
Lease on behalf of said Lessor shall provide
evidence, which is acceptable to the State,
that he/she is duly authorized to execute
and deliver this Lease on behalf of said
Lessor in accordance with a duly adopted
resolution of the Board of Directors or in
accordance with the Bylaws of said Board,
and that this Lease is binding upon said
Board of Directors in accordance with its
terms.
(b) Prior to the execution of this Lease,
Lessor shall provide State with a copy of
Lessor’s current bylaws and corporate filing
status as filed with the California Secretary
of State.

11. PARTNERSHIP DISCLAIMER.

Lessor and its agents and employees shall
act in an independent capacity and not as
agents, officers or employees of State.

Nothing herein contained will be construed
as constituting the parties herein as
partners.

12. CEQA.

Any physical changes made to the
improvements by the State or its agents
shall comply with the California
Environmental Quality Act (CEQA), if
applicable

STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:

13. AMENDMENTS AND MODIFICATIONS.

No amendment, modification, or
supplement to this Lease shall be binding on
either party unless it is in writing and signed
by the party to be bound by the modification.

14. MUTUAL CONSENT.

Notwithstanding anything herein contained
to the contrary, this Lease may be
terminated and the provisions of the Lease
may be altered, changed, or amended by
mutual consent of the parties hereto in
writing.

15. FORCE MAJEURE.

If either Lessor or State will be delayed or
prevented from the performance of any act
required hereunder by reason of acts of
Nature, governmental restrictions,
regulations or controls (except those
reasonably foreseeable in connection with
the uses contemplated by this Lease) or
other cause without fault and beyond the
control of the party obligated (except
financial inability), performance of such act
shall be excused for the period of the delay
and the period for the performance of any
such act shall be extended for a period
equivalent to the period of such delay.

16. ENTIRE AGREEMENT.

This Lease and its exhibits constitute the
entire agreement between State and
Lessor. No prior written or prior,
contemporaneous or subsequent oral
promises or representations shall be
binding.

17. PARAGRAPH HEADINGS.

All Paragraph headings contained herein
are for convenience of reference only and
are not intended to define or limit the scope
of any provision of this Lease.

18. SEVERABILITY.

If any term, covenant, condition, or provision
of this Lease or any application thereof, to
any extent, is found invalid, void, or
unenforceable by a court of competent
jurisdiction, the remainder of this Lease will
not be affected thereby, and will be valid and
enforceable to the fullest extent permitted by
law.

19. SEPARATE COUNTERPARTS.

This Lease may be executed in
counterparts, each of which shall be
deemed to be an original, but all of which,
taken together, shall constitute one and the
same Agreement. The exchange of copies
of this Lease and of signature pages by
electronic mail in “portable document
format” (“pdf”) form or by any other
electronic means shall constitute effective
execution and delivery of this Lease. In the
event the Lease is executed by wet ink
signatures, the original signatures shall also
be exchanged between the parties via mail,
in addition to any exchange via electronic
means.

20. SUPERSEDURE.

This Lease supersedes and voids any prior
license, lease or agreement between the
State and the Lessor identified in this Lease
with regards to the Premises.

21. BINDING.

The terms of this Lease and covenants and
agreements herein contained shall apply to
and shall bind and inure to the benefit of the
heirs, representatives, assigns and
successors in interest of the parties hereto.

22. ESSENCE OF TIME.

Time is of the essence for each and all of the
provisions, covenants and conditions of this
Lease.

23. NON-APPROPRIATION OF FUNDS
If the term of this Agreement extends into
fiscal years subsequent to that in which it is
approved, such continuation of this
Agreement is contingent on the
appropriation of funds for such purpose by
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STATE OF CALIFORNIA DEPARTMENT OF TECHNOLOGY
SECTION 3 – STANDARD PROVISIONS
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Lease No.:
the California State Legislature. If funds to
affect such continued payment are not
appropriated, Grantor agrees to terminate
the Lease and to relieve Lessee of any
further obligation with respect thereto.

24. CDT TERMINATION FOR
CONVENIENCE.

CDT may terminate this Agreement, in
whole or in part, at any time upon 60 days
written notice by providing Lessor with a
written notice of termination.

25. Lessor grants to Lessee the right to receive
utility services including, but not limited to
electric facilities, appurtenances and
associated equipment, and the right for the
utility service supplier to excavate for,
construct, reconstruct, replace (of initial or
any other size), remove, maintain, inspect
and use said utility facilities, together with
the right for the utility service supplier to
ingress and egress from said utility facilities
across the Premises. Lessor grants the right
for the utility service supplier to trim or cut
down any trees or brush within five (5) feet;
on each side of the centerline of said utility
facilities. In addition, Lessor shall not erect
or construct any building or other structure,
or drill or operate any well within five (5) feet
on each side of the centerline of said utility
facilities.

End of Section 3
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If not included, they may require a new easement with the City instead.

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Lease No.:

Lease No.:

There have been no representations by the State or understandings made between State or Lessor other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties hereto.

IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date listed below.

STATE OF CALIFORNIA LESSOR:

DEPARTMENT OF TECHNOLOGY [NAME OF LESSOR]CITY OF TAFT
a California Municipal Corporation
By: By:
[Name of Manager], Manager [NAME]Dave Noerr
[Title]Mayor

Date Executed: Date:

APPROVAL RECOMMENDED:

DEPARTMENT OF TECHNOLOGY
By:
[NAME]
Real Estate Officer
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REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: OCTOBER 21, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPOINT ONE (1) MEMBER TO THE CITY OF TAFT PLANNING COMMISSION TO FILL AN

UNSCHEDULED VACANCY

SUMMARY STATEMENT
The City of Taft Planning Commission has one position currently vacant due to the recent passing of Planning Commissioner, Ron Orrin. Pursuant to Section 5783.5 of California Public Resources Code and the City’s policy regarding appointments to Boards and Commissions, notice has been duly advertised informing those interested to submit an application in order to be considered for appointment to the Planning Commission to fill this vacancy.

Two (2) qualified applications were received by the October 13, 2025 deadline from citizens interested in serving on the Planning Commission. The applicants were both verified as registered voters living within the Taft City limits by the Deputy City Clerk. The candidates were both invited to attend this meeting and requested to be prepared to tell a little about themselves and perhaps answer a few questions from Council regarding their interest in serving on the Commission.

Qualified applications were received from: Don Black and Jeffery Fariss RECOMMENDED ACTION:

1. Interview applicants; then

2. Motion to appoint one (1) member chosen to serve on the City of Taft Planning Commission through June 30, 2027, the balance of the vacant term being filled.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: City Clerk